In This Volume
-
Agricultural Land Commission Act, S.B.C. 2002, c. 36
- Overview of the Agricultural Land Commission Act [§34.1]
- General Effect on Land Title Practice [§34.2]
-
Legislation and Commentary [§34.3]
- 1 Definitions [§34.4]
- 15 Inclusion of land in agricultural land reserve by the commission [§34.5]
- 16 Repealed [§34.6]
- 17 Inclusion applications [§34.7]
- 17.1 Agricultural land to remain in reserve unless excluded [§34.8]
- 18 Restrictions on approving land uses and subdivision [§34.9]
- 18.1 Notice of statutory right of way [§34.10]
- 19 Registration restrictions [§34.11]
- 20 Non-farm use of land within agricultural land reserve [§34.12]
- 20.1 Residential use of agricultural land [§34.13]
- 20.2 Pre-existing residential structures [§34.14]
- 20.3 Soil or fill use [§34.15]
- 21 Subdivision of agricultural land reserve [§34.16]
- 22 Covenants [§34.17]
- 23 Exceptions [§34.18]
- 24 Preservation of rights [§34.19]
- 25 Non-farm use and subdivision application by owner [§34.20]
- 26 Delegation of section 25 powers [§34.21]
- 27 Chief executive officer may approve some applications [§34.22]
- 28 Application of sections 18 and 20 to 21 limited to agricultural land [§34.23]
- 29 Exclusion application by a local or first nation government or the commission [§34.24]
- 29.1 Decision on exclusion applications [§34.25]
- 30 Exclusion by the commission [§34.26]
- 30.1 [Repealed] [§34.27]
- 31 Effect of permission for non-farm use, subdivision or exclusion [§34.28]
- 32 Boundaries to be amended [§34.29]
- 52.1 Notice of remediation orders in land title office [§34.30]
- 52.2 Cancellation of remediation order note [§34.31]
- 58 Land use regulations [§34.32]
- 58.1 Regulations respecting statutory rights of way and subdivision [§34.33]
- 58.2 Regulations respecting fees [§34.34]
- 58.3 Regulations respecting applications [§34.35]
- 58.4 Regulations respecting the commission [§34.36]
- 58.5 Regulations respecting enforcement [§34.37]
- 58.6 General powers respecting regulations [§34.38]
- 60 Certificates of title subject to this Act [§34.39]
- 61 Transitional [§34.40]
-
British Columbia Home Programs Legislation
- Overview of British Columbia Home Programs Legislation [§35.1]
- Budget Measures Implementation Act, 2004, S.B.C. 2004, c. 14 [§35.2]
- Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307 [§35.10]
- Homeowner Protection Act, S.B.C. 1998, c. 31 [§35.15]
-
Builders Lien Act, S.B.C. 1997, c. 45
- Overview of the Builders Lien Act [§36.1]
-
Legislation and Commentary [§36.2]
- 1 Definitions and interpretation [§36.3]
- 1.1 Exemption [§36.4]
- 2 Lien for work and material [§36.5]
- 3 Deemed authorization [§36.6]
- 15 Claim of lien to be in prescribed form [§36.7]
- 16 General lien [§36.8]
- 17 No claim under $200 [§36.9]
- 18 Procedure to file a claim of lien under the Mineral Tenure Act [§36.10]
- 19 Liability for wrongful filing [§36.11]
- 20 Time for filing claim of lien [§36.12]
- 21 When claim of lien takes effect [§36.13]
- 22 Lien extinguished if not filed as required by Act [§36.14]
- 23 Removal of claims of lien by payment of total amount recoverable [§36.15]
- 24 Cancellation of claim of lien by giving security [§36.16]
- 25 Powers of court, registrar or gold commissioner to remove claim of lien [§36.17]
- 26 Enforcement of claim [§36.18]
- 27 Local venue for proceedings under this Act [§36.19]
- 28 Proof of filing of claim of lien [§36.20]
- 30 Counterclaim and judgment for creditor [§36.21]
- 31 Court may order sale [§36.22]
- 32 Priority of secured lender [§36.23]
- 33 Limitation and notice to commence an action [§36.24]
- 35 Maximum claim against purchaser’s interest [§36.25]
- 42 Certain acts, agreements, assignments void [§36.26]
- 43 Lien may be assigned [§36.27]
- 45 Offence [§36.28]
- 47 Power to make regulations [§36.29]
- 48 Transition [§36.30]
-
Court Order Enforcement Act, R.S.B.C. 1996, c. 78
- Overview of the Court Order Enforcement Act [§37.1]
-
Legislation and Commentary [§37.2]
- Part 5—Enforcement of Court Orders
- 47 Definitions for Part [§37.3]
- 50 How time to be calculated [§37.4]
- 52 Court may order preference claim to extent of 3 months’ wages [§37.5]
- 53 Creditor may enforce claim for balance due [§37.6]
- 54 Return of writ or order by sheriff [§37.7]
- 56 Land not to be sold under writ of execution against goods [§37.8]
- 57 Interests subject to seizure and sale [§37.9]
- 80 Writs of elegit or fi. fa. land abolished [§37.10]
- 81 Definitions for sections 82 to 112 [§37.11]
- 82 Registration of judgment before October 31, 1979 [§37.12]
- 83 Expiration of lien [§37.13]
- 84 Registration or renewal before October 31, 1979 [§37.14]
- 85 Section 84 limited in time [§37.15]
- 86 Registration of judgments after October 30, 1979 [§37.16]
- 87 Fraudulent Preference Act [§37.17]
- 88 Application to register judgment [§37.18]
- 89 Notice to owner [§37.19]
- 90 Additional compensation [§37.20]
- 91 Expiration and renewal [§37.21]
- 92 Procedure for enforcing charge [§37.22]
- 93 Determination of disputed questions [§37.23]
- 94 Reference to ascertain land and settle priorities [§37.24]
- 95 Registrar may retain sufficient sum to satisfy claim under Creditor Assistance Act [§37.25]
- 96 Order for sale of land [§37.26]
- 97 Court may direct notification of claimants not before court [§37.27]
- 98 Pending litigation [§37.28]
- 105 Conveyance of land sold [§37.29]
- 107 Purchaser not to be affected by irregularities [§37.30]
- 108 Proceeding not to abate by marriage, death or bankruptcy [§37.31]
- 109 Power of purchasers to satisfy encumbrances [§37.32]
- 112 Registration of conveyance [§37.33]
-
Environmental Management Act, S.B.C. 2003, c. 53
- Overview of the Environmental Management Act [§38.1]
-
Legislation and Commentary [§38.2]
- Part 1—Interpretation
- 1 Definitions and interpretation [§38.3]
- Part 4—Contaminated Site Remediation
- 39 Definitions and interpretation [§38.4]
- 40(1)(a) and (6) Site disclosure statements [§38.5]
- 46 Persons not responsible for remediation [§38.6]
- 53(1) to (4) and (6) Approvals in principle and certificates of compliance [§38.7]
- 55(1) to (3) Contaminated soil relocation [§38.8]
- 59 Cost recovery if minister carries out remediation [§38.9]
-
Escheat Act, R.S.B.C. 1996, c. 120
- Overview of the Escheat Act [§39.1]
-
Legislation and Commentary [§39.2]
- Part 1—Escheats
- 1 Escheated land may be taken by attorney general [§39.3]
- 1.1 Delegation by Attorney General [§39.4]
- 3 Escheat of estates [§39.5]
- 4 Escheat of land on dissolution of corporation [§39.6]
- 4.1 Disposal of escheated water system property [§39.7]
- 5 Power to restore land to legal or moral claimants [§39.8]
- 7 Waiver of government rights [§39.9]
- 11 Sale of escheated land [§39.10]
- 12 Powers of Attorney General to dispose of land [§39.11]
- 14 Property Crown granted that has escheated [§39.12]
- Part 2—Operation of Water Systems Property
- 15 Definitions [§39.13]
- 20 Lien against serviced property [§39.14]
- 21 Filing of certificate [§39.15]
-
Expropriation Act, R.S.B.C. 1996, c. 125
- Overview of the Expropriation Act [§40.1]
-
Legislation and Commentary [§40.2]
- Part 1—Definitions and Application
- 1 Definitions [§40.3]
- 2 Application [§40.4]
- 3 If the owner agrees to transfer or dedicate land [§40.5]
- Part 2—Approval
- 4 Approval of expropriation [§40.6]
- 5 Dispensing with approval and inquiry [§40.7]
- Part 3—Pre-Expropriation Procedures
- 6 Expropriation notice [§40.8]
- 7 Land title office filing and registration [§40.9]
- 16 Modification of expropriation [§40.10]
- Part 4—Expropriation
- 18 Decision of approving authority [§40.11]
- 19 Abandonment [§40.12]
- 21 Divesting after expropriation [§40.13]
- 23 Vesting and possession [§40.14]
- 24 Correction of errors [§40.15]
- Part 5—Compensation Procedures
- 26 Jurisdiction and decision [§40.16]
- Part 7—General
- 54 Power to make regulations [§40.17]
- 55 [Repealed] [§40.18]
- Appendix: Selected Forms [§40.19]
-
Family Matters
- Overview of Acts [§41.1]
-
Family Law Act, S.B.C. 2011, c. 25 [§41.2]
- Overview of the Family Law Act [§41.3]
-
Legislation and Commentary [§41.4]
- Part 1—Interpretation
- 1 Definitions [§41.5]
- 2 General interpretation [§41.6]
- 3 Spouses and relationships between spouses [§41.7]
- Part 5—Property Division
- Division 1—General Rules
- 81 Equal entitlement and responsibility [§41.8]
- 82 Rights and remedies of third parties [§41.9]
- Division 2—Determining Family Property and Family Debt
- 83 Interpretation [§41.10]
- 84 Family property [§41.11]
- 85 Excluded property [§41.12]
- 86 Family debt [§41.13]
- 87 Valuing family property and family debt [§41.14]
- Division 3—Before Agreement or Final Order Is Made
- 88 Orders under this Division [§41.15]
- 89 Orders for interim distribution of property [§41.16]
- 90 Temporary orders respecting family residence [§41.17]
- 91 Temporary orders respecting protection of property [§41.18]
- Division 4—Dividing Family Property and Family Debt
- 92 Agreements respecting property division [§41.19]
- 93 Setting aside agreements respecting property division [§41.20]
- 94 Orders respecting property division [§41.21]
- 95 Unequal division by order [§41.22]
- 96 Division of excluded property [§41.23]
- 97 Giving effect to property division [§41.24]
- Division 5—Enforcing and Protecting Property Interests
- 98 Definitions [§41.25]
- 99 Filing in land title office [§41.26]
- 101 Orders for postponement, cancellation or discharge [§41.27]
- 102 Donor of gift is party to agreement [§41.28]
- 103 Enforceability of interest in property [§41.29]
- 104 Rights under this Part [§41.30]
- Division 6—Jurisdiction and Choice of Law Rules
- 105 Definitions and interpretation [§41.31]
- 106 Determining whether to act under this Part [§41.32]
- 107 Proper law of the relationship between the spouses [§41.33]
- 108 Choice of law rules [§41.34]
- 109 Extraprovincial property [§41.35]
- Part 7—Child and Spousal Support
- Division 1—Definitions
- 146 Definitions [§41.36]
- Division 2—Child Support
- 148 Agreements respecting child support [§41.37]
- Division 4—Spousal Support
- 163 Agreements respecting spousal support [§41.38]
- Part 8—Children’s Property
- 175 Definitions [§41.39]
- 179 Appointment of trustee by Supreme Court [§41.40]
- 180 Subsequent applications respecting trustee [§41.41]
- 181 When child’s property must be delivered to child [§41.42]
- Part 12—Regulations
- 248 General regulation-making powers [§41.43]
- 252 Transition—proceeding respecting property division [§41.44]
- Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127 [§41.45]
-
Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29 [§41.51]
- Overview of the Interjurisdictional Support Orders Act [§41.52]
-
Legislation and Commentary [§41.53]
- Part 3—Registration of Orders Made Outside British Columbia
- 16 Application [§41.54]
- 17 Receipt of an order in British Columbia [§41.55]
- 18 Registration of extraprovincial or foreign order [§41.56]
- 19 Foreign orders after registration [§41.57]
- 20 Effect of setting aside registration of foreign orders [§41.58]
-
Land (Spouse Protection) Act, R.S.B.C. 1996, c. 246 [§41.59]
- Overview of the Land (Spouse Protection) Act [§41.60]
-
Legislation and Commentary [§41.61]
- 1 Definitions [§41.62]
- 2 Application for charge under this Act [§41.63]
- 3 When disposition without consent of spouse is void [§41.64]
- 4 Application of Wills, Estates and Succession Act [§41.65]
- 5 Spouses living apart [§41.66]
- 6 When Act ceases to apply [§41.67]
- 7 Filing of consent on disposition [§41.68]
- 8 Dispensing with consent and notice [§41.69]
- 9 Presumption of consent from participation in sale [§41.70]
- 10 Abandonment by spouse of benefits and privileges [§41.71]
- 11 Cancellation on protected spouse predeceasing other spouse [§41.72]
- 12 Spouse may be required to show why entry should not be discharged [§41.73]
- 13 Appeal from registrar’s decision [§41.74]
- 14 [Repealed] [§41.75]
- 15 Power to prescribe forms [§41.76]
-
Fraudulent Conveyance and Fraudulent Preference Acts
- Fraudulent Conveyance Act, R.S.B.C. 1996, c. 163 [§42.1]
-
Fraudulent Preference Act, R.S.B.C. 1996, c. 164 [§42.6]
- Overview of the Fraudulent Preference Act [§42.7]
-
Legislation and Commentary [§42.8]
- 1 Definition [§42.9]
- 2 Instruments preferring creditors [§42.10]
- 3 Transfers which prejudice creditors [§42.11]
- 4 Transfers having effect of preference [§42.12]
- 5 What transactions to be deemed preferential [§42.13]
- 6 Sales and transfers in good faith [§42.14]
- 7 Following proceeds of property fraudulently transferred [§42.15]
- 8 Conveyances void as against registered judgment [§42.16]
- 9 Setting aside fraudulent conveyances [§42.17]
- 10 Determination of disputed questions [§42.18]
- 11 Certificate of proceedings [§42.19]
- 12 Costs in discretion of court [§42.20]
-
Interpretation Act, R.S.B.C. 1996, c. 238
- Overview of the Interpretation Act [§43.1]
-
Legislation and Commentary [§43.2]
- 1 Definitions [§43.3]
- 8 Enactment remedial [§43.4]
- 25 General rules for determining beginning or end of periods of time [§43.5]
- 25.1 Calculation of age [§43.6]
- 25.2 Determining the beginning or end of periods of days or weeks [§43.7]
- 25.3 Determining the beginning or end of periods of months [§43.8]
- 25.4 Determining the beginning or end of periods of years [§43.9]
- 25.5 If day specified is holiday or office closed [§43.10]
- 28 Use of forms and words [§43.11]
- 29 Expressions defined [§43.12]
- 29.1 Definitions in relation to treaty first nations [§43.13]
- 29.2 Definitions in relation to Nisga’a Final Agreement [§43.14]
- 40 Definitions in Community Charter and Local Government Act apply to other enactments [§43.15]
-
Land Act, R.S.B.C. 1996, c. 245
- Overview of the Land Act [§44.1]
-
Legislation and Commentary [§44.2]
- 1 Definitions [§44.3]
- 1.1 Exclusions from Crown land definition [§44.4]
- Part 1—Land Districts and Land Recording Districts
- 7 Crown land registry [§44.5]
- Part 1.1—Integrated Land and Resource Registry
- 7.1 Definitions [§44.6]
- 7.2 Integrated Land and Resource Registry [§44.7]
- 7.3 No notice or knowledge of information in integrated registry [§44.8]
- 7.4 Public access to integrated registry [§44.9]
- 7.5 Personal liability protection [§44.10]
- 7.6 [Repealed] [§44.11]
- 7.7 Offences [§44.12]
- 7.8 Power to make regulations [§44.13]
- Part 2—Disposition of Crown Land—General
- 8 If no disposition [§44.14]
- 9 Citizenship of grantee [§44.15]
- 10 Application for Crown land [§44.16]
- 10.1 When no application for Crown land may be made [§44.17]
- 11 Minister may dispose of Crown land [§44.18]
- 12 Crown grant of cancelled dedicated land [§44.19]
- 13 Roads [§44.20]
- 27 Reservations to which purchasers are subject [§44.21]
- 31 Transfers to Canada [§44.22]
- Part 3—Application Procedure for Disposition of Crown Land
- 34 Disposition by minor [§44.23]
- 38 Lease [§44.24]
- 40 Right of way and easement [§44.25]
- Part 4—Disposition of Crown Land—Cancellation, Amendment and Abandonment
- 43 Cancellation of disposition [§44.26]
- 44 Amendment and cancellation if approval or grant improper [§44.27]
- Part 5—Crown Grants
- 48 Issue of Crown grant [§44.28]
- 49 Form of Crown grant [§44.29]
- 50 Exceptions and reservations [§44.30]
- 51 Grant of Crown land to government corporations and bodies [§44.31]
- 52 Power to delete terms in Crown grants [§44.32]
- 53 Procedure to cancel defective grants [§44.33]
- 54 Delivery and registration of Crown grants [§44.34]
- 55 Bodies of water [§44.35]
- 56 Application [§44.36]
- 57 Roads [§44.37]
- 58 Application to include body of water or road in subdivision [§44.38]
- Part 7—Surveys
- 80 Access to private land [§44.39]
- 81 Agreed boundary [§44.40]
- 88 Confirmation of resurvey plan [§44.41]
- 90 Resurvey binding [§44.42]
- Part 7.2—Deposit of Electronic Plans in Crown Land Registry
- Division 1—Definitions and Application
- 93.9 Definitions [§44.43]
- 93.901 Application of this Part [§44.44]
- Division 2—Electronic Plans
- 93.91 Effect of electronic plan [§44.45]
- 93.911 Submission of electronic plans [§44.46]
- 93.92 Form and manner of completion [§44.47]
- 93.93 Signing requirements—British Columbia land surveyor [§44.48]
- 93.94 Submitting electronic plans [§44.49]
- 93.941 Signing requirements—Surveyor General [§44.50]
- Division 3—Certification of Subscribers
- 93.95 Certification authority [§44.51]
- 93.96 Certification practice statement [§44.52]
- 93.97 Warranties of certification authorities [§44.53]
- 93.98 Immunity [§44.54]
- 93.99 Delegation of powers to Director of Land Titles [§44.55]
- Division 4—General
- 93.991 Offences [§44.56]
- Part 8—Additional Powers
- 94 Crown grant payments [§44.57]
- 102 Minister may consent to plan proceedings [§44.58]
- 103 Minister may order government title cancelled [§44.59]
- 104 Affidavits [§44.60]
- 106 Land revested in government [§44.61]
- 109 Execution of documents [§44.62]
- 109.1 Fees for services provided by Surveyor General [§44.63]
- Land Surveys Legislation
-
Land Title and Survey Authority Act, S.B.C. 2004, c. 66
- Overview of the Land Title and Survey Authority Act [§46.1]
-
Legislation and Commentary [§46.2]
- Part 1—Definitions
- 1 Definitions [§46.3]
- Part 2—Authority Established
- 2 Land Title and Survey Authority of British Columbia established [§46.4]
- 3 Status of assets if Authority is dissolved [§46.5]
- 4 Purposes of Authority [§46.6]
- 5 Property of Authority [§46.7]
- Part 3—Governance of Authority
- Division 1—Board of Directors
- 6 Board of directors [§46.8]
- 7 Nomination and appointment process [§46.9]
- 8 Directors appointed by panel [§46.10]
- 9 Persons qualified to be directors [§46.11]
- 10 Register of directors [§46.12]
- 11 When director ceases to hold office [§46.13]
- 12 Appointment of replacement directors [§46.14]
- 13 Factors to be considered in appointments [§46.15]
- Division 2—Powers and Duties of Directors and Officers
- 14 Powers and functions of directors [§46.16]
- 15 Role of directors [§46.17]
- 16 Duties of directors and senior officers [§46.18]
- 17 Validity of acts of directors and senior officers [§46.19]
- 18 Proceedings of directors [§46.20]
- 19 Bylaws [§46.21]
- 20 New or increased fees [§46.22]
- 20.1 New or increased fees under Land Owner Transparency Act [§46.23]
- 21 Charges payable by government or government body [§46.24]
- Division 3—General
- 22 Remuneration and reimbursement of directors [§46.25]
- 23 Indemnification [§46.26]
- 24 Head office [§46.27]
- 25 Records [§46.28]
- 26 Annual general meeting [§46.29]
- Part 4—Conflicts of Interest
- 27 Disclosable interests [§46.30]
- 28 Obligation to account for profits [§46.31]
- 29 Powers of court [§46.32]
- 30 Validity of contracts and transactions [§46.33]
- 31 Limitation of obligations of directors and senior officers [§46.34]
- 32 Disclosure of conflict of office or property [§46.35]
- Part 5—Officers and Employees
- 33 Appointment of chief executive officer [§46.36]
- 34 Appointment of Surveyor General and other employees [§46.37]
- Part 6—Financial Administration
- 35 Fiscal year of Authority [§46.38]
- 36 Appointment of auditor [§46.39]
- 37 Financial statements [§46.40]
- 38 Business plan [§46.41]
- Part 7—General
- 39 Decisions of the First Nations Summit [§46.42]
- 40 Application of other Acts [§46.43]
- 41 Appointment of administrator [§46.44]
- 42 Offence Act [§46.45]
- 43 Power to make regulations [§46.46]
- Part 8—Transitional Provisions and Consequential Amendments
- Transitional Provisions
- 44 First chief executive officer and directors of Authority [§46.47]
- 45 Transitional—financial administration [§46.48]
- 46 Transitional—appointments continued [§46.49]
- 47 Transitional—transfer of property and records [§46.50]
- 48 Transitional—approved forms under the Land Title Act [§46.51]
-
Land Title Inquiry Act, R.S.B.C. 1996, c. 251
- Overview of the Land Title Inquiry Act [§47.1]
-
Legislation and Commentary [§47.2]
- 1 Right to judicial investigation of fee simple title [§47.3]
- 2 Investigation of interest in land [§47.4]
- 3 Investigation of title of government to land [§47.5]
- 4 Application proceedings [§47.6]
- 5 Affidavit of applicant [§47.7]
- 6 Certificate of counsel [§47.8]
- 7 Registration in land title office [§47.9]
- 8 Evidence [§47.10]
- 9 Form of evidence [§47.11]
- 10 Payment of taxes required [§47.12]
- 11 Further evidence [§47.13]
- 12 Notice of application and decision to be published before declaration [§47.14]
- 13 Publication sufficient notice [§47.15]
- 14 Notice to adverse claimants [§47.16]
- 15 Other notice [§47.17]
- 16 Adverse claimant to file statement of his claim [§47.18]
- 17 Contested title [§47.19]
- 18 Security for costs [§47.20]
- 19 Costs [§47.21]
- 20 Withdrawal of application [§47.22]
- 21 Court may refer petition to referee [§47.23]
- 22 Exceptions to claim of title [§47.24]
- 23 Declaration of title [§47.25]
- 24 Order for possession [§47.26]
- 25 Death or change of interest [§47.27]
- 26 Informalities not to invalidate proceedings [§47.28]
- 27 Registration and effect of declaration [§47.29]
- 28 Certified copy of declaration to be admissible evidence [§47.30]
- 29 Declaration obtained by fraud or falsehood [§47.31]
- 30 Construction of Act [§47.32]
-
Land Transfer Form Act, R.S.B.C. 1996, c. 252
- Overview of the Land Transfer Form Act [§48.1]
-
Legislation and Commentary [§48.2]
- 1 Definitions [§48.3]
- Part 1
- 2 Effect of deed [§48.4]
- 3 Deed to include all buildings, reversions and estate [§48.5]
- 4 Validity of deed failing to take effect by this Part [§48.6]
- Part 2
- 5 Effect of lease [§48.7]
- 6 Lease to include all buildings [§48.8]
- 7 Validity of lease failing to take effect by this Part [§48.9]
- 8 Covenants not to assign or sublet [§48.10]
- Part 3
- 9 Effect of mortgage [§48.11]
- 10 Mortgage to include all buildings, reversions and estate [§48.12]
- 11 Taxation of bills [§48.13]
- 12 Validity of mortgage failing to take effect by this Part [§48.14]
- 13 Schedules and directions form part of Act [§48.15]
- Schedules [§48.16]
-
Law and Equity Act, R.S.B.C. 1996, c. 253
- Overview of the Law and Equity Act [§49.1]
-
Legislation and Commentary [§49.2]
- 2 Application of English Law in British Columbia [§49.3]
- 12 Merger [§49.4]
- 13 Mortgagor may sue in respect of mortgaged land [§49.5]
- 14 Mortgagor may require mortgagee to assign [§49.6]
- 21 Venue in foreclosure proceedings [§49.7]
- 36 Assignment of debts and choses in action [§49.8]
- 37 Vesting orders [§49.9]
- 38 Execution of instruments by order of court [§49.10]
- 60 Spousal capacity and property [§49.11]
- 60.1 Responsibility for former spouse [§49.12]
- 61 [Repealed] [§49.13]
-
Local Government Legislation
- Overview of Local Government Legislation [§50.1]
-
Community Charter, S.B.C. 2003, c. 26 [§50.2]
- Part 1—Principles, Purposes and Interpretation
- 1 Principles of municipal governance [§50.3]
- 2 Principles of municipal-provincial relations [§50.4]
- 3 Purposes of Act [§50.5]
- 4 Broad interpretation [§50.6]
- 5 Definitions and other interpretation rules [§50.7]
- Part 2—Municipal Purposes and Powers
- Division 1—Purposes and Fundamental Powers
- 6 Municipalities and their councils [§50.8]
- 7 Municipal purposes [§50.9]
- 8 Fundamental powers [§50.10]
- 9 Spheres of concurrent authority [§50.11]
- Division 2—Scope of Jurisdiction
- 10 Relationship with Provincial laws [§50.12]
- 11 Area of jurisdiction [§50.13]
- Division 3—Ancillary Powers
- 13 Services outside municipality [§50.14]
- 13.1 Services within treaty lands [§50.15]
- 14 Intermunicipal service, regulatory and other schemes [§50.16]
- Part 3—Additional Powers and Limits on Powers
- Division 1—Partnering and Other Agreements
- 21 Partnering agreements [§50.17]
- 22 Agreements granting exclusive or limited franchises [§50.18]
- 23 Agreements with other public authorities [§50.19]
- Division 3—Municipal Property
- 26 Notice of proposed property disposition [§50.20]
- 27 Exchange or other disposal of park land [§50.21]
- 28 Disposal of water systems, sewage systems and other utilities [§50.22]
- 29 Municipal ownership of subdivision park land [§50.23]
- 30 Reservation and dedication of municipal property [§50.24]
- Division 4—Expropriation and Compensation
- 31 General expropriation power [§50.25]
- 32 Authority to enter on and use property [§50.26]
- 33 Compensation for expropriation and other actions [§50.27]
- 34 Appropriation of stream channel or bed without compensation [§50.28]
- Division 5—Highways
- 35 Ownership and possession of highways [§50.29]
- 36 General authority in relation to highways [§50.30]
- 37 Intermunicipal boundary highways [§50.31]
- 38 Temporary traffic restriction and traffic control [§50.32]
- 39 Additional powers in relation to highways [§50.33]
- 40 Permanent closure and removal of highway dedication [§50.34]
- 41 Restrictions in relation to highway disposition, closure or alteration [§50.35]
- 42 Agreements respecting compensation for extraordinary traffic [§50.36]
- 43 Agreements respecting municipal equipment on utility poles [§50.37]
- 44 Agreements to reserve land for highway purposes [§50.38]
- 45 Highway construction and dikes [§50.39]
- 46 Use of highways and public places [§50.40]
- Division 8—Building Regulation
- 56 Requirement for geotechnical report [§50.41]
- 57 Note against land title that building regulations contravened [§50.42]
- 58 Cancellation of note against land title [§50.43]
- Division 12—Remedial Action Requirements
- 80 Recovery of municipal costs through sale of property [§50.44]
- Part 5—Municipal Government and Procedures
- Division 5—Officers and Employees
- 146 Officer positions [§50.45]
- 148 Corporate officer [§50.46]
- Division 7—Other Matters
- 159 Notice to municipality [§50.47]
- 160 Notice by municipality: obligation satisfied if reasonable effort made [§50.48]
- 162 Certified copies of municipal records [§50.49]
- 163 Evidence of municipal bylaws and other records [§50.50]
- Part 7—Municipal Revenue
- Division 1—General
- 192 General revenue sources [§50.51]
- 193 Authority for fees and taxes [§50.52]
- Division 3—Property Value Taxes
- 197 Annual property tax bylaw [§50.53]
- 198 Assessment averaging and phasing options [§50.54]
- 199 Property tax rates regulations [§50.55]
- Division 4—Parcel Taxes
- 200 Parcel tax bylaw [§50.56]
- 201 Property subject to parcel tax [§50.57]
- 202 Parcel tax roll for purpose of imposing tax [§50.58]
- 203 Content of parcel tax roll [§50.59]
- Division 5—Local Service Taxes
- 210 Authority for local area services [§50.60]
- 211 Requirements for establishing a local area service [§50.61]
- 216 Local service taxes [§50.62]
- Division 6—Statutory Exemptions
- 220 General statutory exemptions [§50.63]
- 221 Grandparented pollution abatement exemptions [§50.64]
- 221.1 Grandparented dust and particulate matter eliminator exemptions [§50.65]
- 222 Phased farm property tax exemption [§50.66]
- 223 Exemptions under regulations [§50.67]
- Division 7—Permissive Exemptions
- 224 General authority for permissive exemptions [§50.68]
- 225 Partnering, heritage, riparian and other special exemption authority [§50.69]
- 226 Revitalization tax exemptions [§50.70]
- 227 Notice of permissive tax exemptions [§50.71]
- Division 8—Tax Liability of Occupiers
- 228 Taxation of Crown land used by others [§50.72]
- 229 Taxation of municipal land used by others [§50.73]
- 230 Taxation of occupier of exempt land [§50.74]
- Division 9—General Revenue Collection Authority
- 231 Recovery of taxes and fees [§50.75]
- 232 Collection agreements with other taxing authorities [§50.76]
- Division 10—Property Tax Due Dates and Tax Notices
- 232.1 Definition and application of section 160 [§50.77]
- 233 Options for tax due dates [§50.78]
- 234 General tax collection scheme [§50.79]
- 235 Alternative municipal tax collection scheme [§50.80]
- 236 Owner may elect which scheme to use [§50.81]
- 237 General tax notices [§50.82]
- 238 Persons may request copies of tax notices [§50.83]
- Division 11—Adjustments to Taxes
- 239 Interest on overpayment of taxes [§50.84]
- 240 Adjustments for assessment changes [§50.85]
- 241 Taxation based on supplementary roll [§50.86]
- 242 Apportionment of property value taxes if land subdivided [§50.87]
- 243 Apportionment of parcel taxes if land subdivided [§50.88]
- Division 12—Payment of Taxes
- 244 Application of tax payments [§50.89]
- 245 Taxes in arrear [§50.90]
- 246 Delinquent taxes [§50.91]
- 247 Treatment of outstanding taxes on subdivision or cancellation of subdivision [§50.92]
- 248 Statement of outstanding taxes [§50.93]
- 249 Certificate of outstanding taxes [§50.94]
- Division 13—Recovery of Taxes
- 250 Taxes are a special charge on the land [§50.95]
- 251 Liability of assessed owner [§50.96]
- 252 Recovery of taxes by the legal remedy of distress [§50.97]
- 253 Power to accept real property in place of taxes [§50.98]
- 254 Tax sales [§50.99]
- 255 Notice of delinquent taxes on Crown land [§50.100]
- 256 Recovery of taxes on Crown land subject to an agreement for sale [§50.101]
- 257 Recovery of taxes on Crown land held under lease or licence [§50.102]
- Division 14—Recovery of Special Fees
- 258 Special fees may be collected as property taxes [§50.103]
- 259 Special fees that are liens against property [§50.104]
- Schedule—Definitions and Rules of Interpretation
- 1 Definitions [§50.105]
- 2 Application of Local Government Act definitions [§50.106]
- 4 References to municipal officers [§50.107]
-
Local Government Act, R.S.B.C. 2015, c. 1 [§50.108]
- Part 1—Purposes and Interpretation
- 1 Purposes of this Act [§50.109]
- 2 Definitions and other interpretation rules [§50.110]
- Division 4—Specific Powers in Relation to Municipal Letters Patent
- Additional powers where former municipality dissolved when new municipality incorporated [§50.111]
- Part 2—Incorporation of Municipalities and Regional Districts
- Division 5—Municipal Incorporation or Boundary Changes: Related Mattters
- 36 Collection of taxes in relation to municipal boundary changes [§50.112]
- 39 Rights and liabilities not affected by reissue of letters patent [§50.113]
- Part 5—Regional Districts: Purposes, Principles and Interpretation
- 185 Purposes of regional districts [§50.114]
- 186 Principles for regional district-provincial relations [§50.115]
- 187 Broad interpretation [§50.116]
- 189 References to regional district officers [§50.117]
- Part 6—Regional Districts: Governance and Procedures
- Division 1—Regional Districts and Their Boards
- 193 Regional district corporations [§50.118]
- 194 Board as governing body [§50.119]
- 195 Area of jurisdiction [§50.120]
- Division 10—Other Matters
- 246 Giving notice to regional districts [§50.121]
- 247 Notice by regional district: obligation satisfied if reasonable effort made [§50.122]
- 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 [§50.123]
- 279 Control of Crown land parks dedicated by subdivision [§50.124]
- 280 Disposition of regional parks and trails [§50.125]
- 281 Exchange of park land: application of Community Charter [§50.126]
- Part 9—Regional Districts: Specific Service Powers
- Division 1—Building Regulation
- 297 Authority requires regional district service [§50.127]
- 298 Building regulation bylaws [§50.128]
- Division 3—Drainage, Sewerage and Related Matters
- 313 Appropriation of stream channel or bed [§50.129]
- Part 10—Regional Districts: Service Structure and Establishing Bylaws
- Division 1—General Service Powers
- 332 General authority for services [§50.130]
- Part 11—Regional Districts: Financial Management
- Division 5—Fees, Charges and Interest
- 397 Imposition of fees and charges [§50.131]
- 398 Interest calculation [§50.132]
- 399 Special fees and charges that are to be collected as taxes [§50.133]
- 400 Special fees and charges that are liens against property [§50.134]
- Part 14—Planning and Land Use Management
- Overview of Part 14 [§50.135]
- Division 1—General
- 455 Definitions in relation to this Part [§50.136]
- Division 5—Zoning Bylaws
- 483 Housing agreements for affordable housing and special needs housing [§50.137]
- Division 6—Development Approval Information Requirements
- 484 Development approval information [§50.138]
- 485 Development approval information areas or circumstances [§50.139]
- 486 Bylaw authority in relation to development approval information [§50.140]
- 487 Requirement to provide development approval information [§50.141]
- Division 7—Development Permits
- 488 Designation of development permit areas [§50.142]
- 489 Activities that require a development permit [§50.143]
- 490 Development permits: general authority [§50.144]
- 491 Development permits: specific authorities [§50.145]
- Division 8—Temporary Use Permits
- 492 Designation of temporary use permit areas [§50.146]
- 493 Temporary use permits for designated areas and other areas [§50.147]
- 494 Public notice and hearing requirements [§50.148]
- 495 Permit conditions: undertakings respecting land [§50.149]
- 496 Permit conditions: additional security requirements [§50.150]
- 497 Term of permit and renewal of permit [§50.151]
- Division 9—Development Variance Permits
- 498 Development variance permits [§50.152]
- 499 Notice to affected property owners and tenants [§50.153]
- Division 10—Other Permits and Permit Matters
- 501 General land use permit matters [§50.154]
- 502 Requirement for security as condition of land use permit [§50.155]
- 503 Notice of permit on land title [§50.156]
- 504 Permit lapses if relevant construction not substantially started [§50.157]
- Division 11—Subdivision and Development: Requirements and Related Matters
- 506 Subdivision servicing requirements [§50.158]
- 507 Requirements for excess or extended services [§50.159]
- 508 Latecomer charges and cost recovery for excess or extended services [§50.160]
- 509 Completion of required works and services [§50.161]
- 510 Requirement for provision of park land or payment for parks purposes [§50.162]
- 513 Requirement to provide land for new highway or widening existing highway [§50.163]
- 514 Subdivision to provide residence for a relative [§50.164]
- Division 12—Phased Development Agreements
- 515 Definitions in relation to this Division [§50.165]
- 516 Phased development agreements [§50.166]
- 520 Subdivision approval for land subject to phased development agreement [§50.167]
- 521 Notice of phased development agreement on land title [§50.168]
- Division 16—Discharge and Termination of Land Use Contracts
- 545 Application to land use contracts under previous legislation [§50.169]
- 546 Amendment and discharge of land use contract [§50.170]
- 547 Termination of all land use contracts in 2024 [§50.171]
- 548 Process for early termination of land use contract [§50.172]
- 549 Notice of termination [§50.173]
- 550 Discharge of terminated land use contract [§50.174]
- Part 15—Heritage Conservation
- Division 2—Notices Under This Part
- 594 Notice on land titles [§50.175]
- Division 7—Remedies and Offences
- 620 Notice of contravention may be filed in land title office [§50.176]
- Part 16—Municipal Provisions
- Division 7—Annual Municipal Tax Sale
- 651 Purchaser to give authority to register tax sale title [§50.177]
- 652 Collector to provide certificate of sale [§50.178]
- 656 Notice of tax sale must be filed in land title office [§50.179]
- 657 Owners must be given notice of tax sale and redemption period [§50.180]
- 658 Assessment and taxes during redemption period [§50.181]
- 660 Redemption by owner [§50.182]
- 662 Notice of redemption to be filed in land title office [§50.183]
- 663 Registration of tax sale purchaser as owner [§50.184]
- 664 Refusal of registration [§50.185]
- 665 Effect of tax sale on rights of owners [§50.186]
- 666 Action by owner to have tax sale set aside [§50.187]
- 667 Court may reinstate taxes if sale set aside [§50.188]
- 668 Council authority to cancel sale in case of error [§50.189]
- 669 Restrictions on legal actions in relation to tax sale [§50.190]
- 671 Procedure if purchaser under agreement for sale defaults [§50.191]
- Part 17—Improvement Districts
- Overview of Part 17 [§50.192]
- Schedule—Definitions and Other Interpretation Matters
- 1 Definitions [§50.193]
- 2 Application of Community Charter definitions [§50.194]
- 4 Giving notice by newspaper publication [§50.195]
- 5 Application of Escheat Act [§50.196]
- Municipal Replotting Act, R.S.B.C. 2016, c. 1 [§50.197]
- Appendix 1 [§50.199]
- Appendix 2 [§50.201]
-
Partition of Property Act, R.S.B.C. 1996, c. 347
- Overview of the Partition of Property Act [§51.1]
-
Legislation and Commentary [§51.2]
- 1 Definitions [§51.3]
- 2 Parties may be compelled to partition or sell land [§51.4]
- 3 Pleadings [§51.5]
- 4 Parties to proceeding and persons entitled to notice [§51.6]
- 5 Proceedings if parties cannot be served [§51.7]
- 6 Sale of property where majority requests [§51.8]
- 7 Sale in place of partition [§51.9]
- 8 Purchase of share of person applying for sale [§51.10]
- 9 Persons under disability [§51.11]
- 10 Court may allow interested parties to bid [§51.12]
- 11 Money arising from sale subject to court order [§51.13]
- 12 Application of money without court order [§51.14]
- 13 Investment of money [§51.15]
- 14 Interests of persons if service of notice dispensed with [§51.16]
- 15 Abatement in favour of parties previously excluded [§51.17]
- 16 Costs [§51.18]
- 17 Application of Land Title Act [§51.19]
-
Perpetuity Act, R.S.B.C. 1996, c. 358
- Overview of the Perpetuity Act [§52.1]
-
Legislation and Commentary [§52.2]
- 1 Definitions [§52.3]
- 2 Application of Act [§52.4]
- 3 Application of remedial provisions [§52.5]
- 4 Rules not applicable to benefit trusts [§52.6]
- 5 Application to the government [§52.7]
- 6 Rule against perpetuities [§52.8]
- 7 Eighty year perpetuity period permitted [§52.9]
- 8 Possibility of vesting beyond period [§52.10]
- 9 Presumption of validity [§52.11]
- 10 Determination of perpetuity period [§52.12]
- 11 Reduction of age [§52.13]
- 12 Exclusion of class members to avoid remoteness [§52.14]
- 13 General cy pres provision [§52.15]
- 14 Presumptions and evidence as to future parenthood [§52.16]
- 15 Application to court to determine validity [§52.17]
- 16 Interim income [§52.18]
- 17 Saving provision and acceleration of expectant interests [§52.19]
- 18 Powers of appointment [§52.20]
- 19 Administrative powers of trustees [§52.21]
- 20 Options to acquire reversionary interests [§52.22]
- 21 Commercial transactions [§52.23]
- 22 Easements, profits-à-prendre [§52.24]
- 23 Possibilities of reverter and conditions subsequent [§52.25]
- 24 Specific noncharitable trusts [§52.26]
- 25 Accumulations of income [§52.27]
-
Personal Property Security Act, R.S.B.C. 1996, c. 359
- Overview of the Personal Property Security Act [§53.1]
-
Legislation and Commentary [§53.2]
- Part 1—Interpretation and Application
- 1 Definitions and interpretation [§53.3]
- 2 Scope of Act: security interests [§53.4]
- 4 Exclusions from scope of Act [§53.5]
- Part 3—Perfection and Priorities
- 36 Security interests in fixtures [§53.6]
- 37 Security interests in crops [§53.7]
- Part 4—Registration
- 49 Registration in land title office [§53.8]
- Part 6—Miscellaneous
- 72 Service of statements, notices and demands [§53.9]
- 74 Conflicts with specific legislation [§53.10]
- 77 Transition: applicable law [§53.11]
-
Property Law Act, R.S.B.C. 1996, c. 377
- Overview of the Property Law Act [§54.1]
-
Legislation and Commentary [§54.2]
- 1 Definitions [§54.3]
- 2 Rights in completing sale of land [§54.4]
- 3 Summary application to court [§54.5]
- 4 Vendor to deliver registrable instrument [§54.6]
- 5 Transferor to deliver registrable instrument [§54.7]
- 6 Vendor or transferor to register own title [§54.8]
- 7 Transferor to provide registrable description [§54.9]
- 8 Disposition of interests and rights [§54.10]
- 9 Right of first refusal [§54.11]
- 10 Certain interests prohibited or permitted [§54.12]
- 11 Tenancy in common [§54.13]
- 12 Spouses separate [§54.14]
- 13 Remedy of co-owner [§54.15]
- 13.1 Actions of account [§54.16]
- 14 Court may order lien and sale [§54.17]
- 15 Transfer of land by instrument [§54.18]
- 16 Execution without seal [§54.19]
- 17 Interpretation of an instrument [§54.20]
- 18 Rules for transfer and ownership to oneself [§54.21]
- 19 Words of transfer [§54.22]
- 20 Definitions [§54.23]
- 21 Implied covenant in a mortgage or agreement for sale [§54.24]
- 22 Direct action against current owner [§54.25]
- 23 Extinguishment of liability under the personal covenant [§54.26]
- 24 No personal liability if new purchaser approved by lender [§54.27]
- 25 Benefit of restrictive covenant [§54.28]
- 26 Power to subdivide and dedicate [§54.29]
- 27 Attorney cannot sell to himself or herself [§54.30]
- 27.1 Validity of sale, transfer or charge by attorney to self [§54.31]
- 28 Further advances by mortgagee [§54.32]
- 29 Mortgage subject to registered interests [§54.33]
- 30 Effect of mortgage by purchaser [§54.34]
- 31 Consolidation of mortgages [§54.35]
- 32 Enforcement of personal covenant [§54.36]
- 33 Statement from mortgagee [§54.37]
- 34 Right to enter and repair [§54.38]
- 35 Court may modify or cancel charges [§54.39]
- 36 Encroachment on adjoining land [§54.40]
- 37 Damages for loss of bargain due to defective title [§54.41]
- 38 Effect of merger on subleases [§54.42]
- 39 Citizenship [§54.43]
- 40 Vendor disclosure [§54.44]
- 41 Regulations for section 40 [§54.45]
-
Property Transfer Tax Act, R.S.B.C. 1996, c. 378
- Overview of the Property Transfer Tax Act [§55.1]
-
Legislation and Commentary [§55.2]
- 1 Definitions and interpretation [§55.3]
- 1.1 Fair market value of land with industrial improvements [§55.4]
- 1.2 Fair market value of property subject to certain interests [§55.5]
- 1.3 Fair market value if improvement on more than one parcel [§55.6]
- 1.4 Proposed strata lots—determination of fair market value [§55.7]
- 2 Tax imposed [§55.8]
- 2.001 Additional tax imposed—anti-avoidance rule [§55.9]
- 2.01 Definitions in relation to additional tax imposed [§55.10]
- 2.02 Additional tax imposed [§55.11]
- 2.03 Additional tax imposed—calculation of tax if transaction includes non-residential property [§55.12]
- 2.1 Nisga’a exemption [§55.13]
- 2.2 Treaty first nation exemption [§55.14]
- 3 Rate of tax [§55.15]
- 3.01 Tax on residential property exceeding $3 million [§55.16]
- 3.1 Tax payable on registration of correcting transaction [§55.17]
- 4 Definitions in relation to first time home buyers’ program [§55.18]
- 4.1 Fair market value—property transferred by Habitat for Humanity [§55.19]
- 5 First time home buyers’ exemption [§55.20]
- 6 First time home buyers’ partial exemption [§55.21]
- 7 First time home buyers’ refund [§55.22]
- 8 First time home buyers’ program—obligations of transferee [§55.23]
- 9 First time home buyers’ program—unqualified transferee [§55.24]
- 10 First time home buyers’ exemption or refund retained [§55.25]
- 11 Lien for amount of exemption, refund or credit [§55.26]
- 12.01 Definitions in relation to new housing program [§55.27]
- 12.02 New housing exemption [§55.28]
- 12.03 New housing partial exemption [§55.29]
- 12.04 New housing refund if property contains residential improvement on registration date [§55.30]
- 12.05 New housing program—obligation of transferee if property contains residential improvement on registration date [§55.31]
- 12.06 New housing refund if property does not contain residential improvement on registration date [§55.32]
- 12.07 New housing program—unqualified transferee [§55.33]
- 12.08 New housing exemption or refund retained [§55.34]
- 12.09 Definitions for sections 12.09 to 12.12 [§55.35]
- 12.10 Transferee must not apply for both first time home buyers’ exemption or refund and new housing exemption or refund [§55.36]
- 12.11 Application to cancel first time home buyers’ application and obtain new housing credit [§55.37]
- 12.12 Application to cancel new housing application and obtain first time home buyers’ credit [§55.38]
- 12.13 Additional information to be included in return [§55.39]
- 12.14 Ministerial regulation-making power [§55.40]
- 13 Certifying the return [§55.41]
- 13.1 Electronic returns [§55.42]
- 13.2 Evidence of electronic returns [§55.43]
- 14 Exemptions [§55.44]
- 15 Partial exemption for certain residential transfers [§55.45]
- 16 Exemption for land subject to conservation covenant [§55.46]
- 26 Summary proceedings without action [§55.47]
- 28 Lien on land for taxes [§55.48]
- 32 Confidentiality [§55.49]
- 32.1 Information obtained under certain Acts [§55.50]
- 32.2 Information obtained under a taxation Act [§55.51]
- 33 Access to records [§55.52]
- 34.1 Offences in relation to electronic returns [§55.53]
- 34.2 Administrative penalties [§55.54]
- 37 Power to make regulations [§55.55]
- 37.1 Regulations by the minister [§55.56]
- 7 (1) Any consent required for a disposition during the lifetime of a spouse that takes effect during the lifetime of that spouse, of a homestead under this Act must be produced and filed in the land title office with the instrument by which the disposition is effected.
- (2) The consent may be embodied in or endorsed on the instrument effecting the disposition.
- (3) The execution of a disposition referred to in subsection (1) by the spouse on whose behalf the entry is made constitutes a consent under this Act.
PRACTICE
Cancellation of Entry
Where a spouse who has obtained an entry consents to a right to purchase, option to purchase, mortgage, or lease, the registrar does not cancel the entry. However, in the case of a transfer the registrar cancels the entry.
CROSS REFERENCES AND OTHER SOURCES OF INFORMATION
See Di Castri, Registration of Title to Land, vol. 1, paras. 320 and 321.