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In This Volume

  • 8.1 In this section:
  • “affordable housing agreement” means an agreement made by the minister, the British Columbia Housing Management Commission or any other agent of the government with a person who has received or is to receive assistance from the government to acquire, develop or operate an affordable housing development;
  • “affordable housing development” means land and improvements, all or part of which provide or are intended to provide housing for sale or lease to or other use by low and moderate income individuals, and includes land and improvements designated as an affordable housing development;
  • “affordable housing purposes” means affordable housing purposes as defined by the regulations;
  • “assistance” includes a grant, loan, guarantee or indemnity.
  • (2) Without limiting the terms that may be included in an agreement under this Act, an affordable housing agreement may include a restriction that all or part of the affordable housing development may be used only for affordable housing purposes.
  • (3) If an affordable housing agreement includes a restriction under subsection (2), the minister, the British Columbia Housing Management Commission or other agent of the government may file a written notice in the land title office containing
  • (a) a description of the affordable housing development sufficient for the registrar to identify it in the records of the land title office, and
  • (b) a statement that the affordable housing development is subject to an affordable housing agreement that includes a restriction under subsection (2).
  • (4) When a notice is filed under subsection (3), the registrar must make a notation of the filing in the proper register against the title to the land affected.
  • (5) Unless the written consent of the minister is filed in the land title office,
  • (a) a person who owns or leases an affordable housing development must not transfer, mortgage, lease or otherwise dispose of that person’s interest in the affordable housing development, and
  • (b) the registrar must not register a transfer or other disposition referred to in paragraph (a).
  • (6) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a notation of a filing or the registration of a transfer or other disposition under this section,
  • (a) neither the registrar nor the government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
  • (a.1) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 of the Land Title Act, and
  • (b) neither the assurance fund nor the minister charged with the administration of the Land Title Act, as a nominal defendant, is liable under Part 20 of the Land Title Act.
  • (7) Once a notation is made under subsection (4),
  • (a) the affordable housing agreement and, if applicable, any amendment to it is binding on all persons who acquire an interest in the land affected, and
  • (b) if a transfer, mortgage, lease or other disposition of a person’s interest in an affordable housing development is registered without the written consent of the minister being filed as required under this section, the minister or the British Columbia Housing Management Commission may apply to the Supreme Court for an order for specific performance of the affordable housing agreement by the new owner or for any other remedy.
  • (8) The Lieutenant Governor in Council may make regulations for this section as follows:
  • (a) defining a word or phrase used but not defined in this section;
  • (b) designating land and improvements as an affordable housing development;
  • (c) specifying affordable housing purposes for the purposes of a restriction under subsection (2);
  • (d) designating property held by a corporation or other person as trustee, as property held on trust for the preservation of land and buildings for affordable housing purposes.

1998-37-12, effective June 14, 1999 (B.C. Reg. 180/99); 1999-39-42; 2004-66-158, effective January 20, 2005 (B.C. Reg. 16/2005).

REGULATIONS

See the Affordable Housing Purposes Regulation, B.C. Reg. 234/99, which defines “affordable housing purposes” to mean “providing housing for individuals who have low or moderate incomes or a disability”.