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Other Bodies Established Or Under Provincial Legislation

In This Volume

Other bodies that are established or regulated under provincial legislation may have specific powers to acquire or dispose of land. See, for example:

Business Corporations Act, S.B.C. 2002, c. 57

  • s. 30: A company has the capacity and the rights, powers, and privileges of an individual of full capacity.
  • s. 31: A company may acquire and hold property in joint tenancy.

Cooperative Association Act, S.B.C. 1999, c. 28

  • s. 19: A cooperative association has the capacity and the rights, powers, and privileges of an individual of full capacity.

Credit Union Incorporation Act, R.S.B.C. 1996, c. 82

  • s. 12: A credit union has the power and capacity of a natural person of full capacity.

Financial Institutions Act, R.S.B.C. 1996, c. 141

  • s. 262: The Deposit Insurance Corporation may acquire and dispose of land for the purpose of operating and administering the deposit insurance fund.

Housing Construction (Elderly Citizens) Act, R.S.B.C. 1996, c. 208

Section 8 of the Miscellaneous Statutes Amendment Act, 2001, S.B.C. 2001, c. 32, in force September 14, 2001, by B.C. Reg. 210/2001, repealed the Housing Construction (Elderly Citizens) Act, R.S.B.C. 1996, c. 208. Sections 9 and 10 repealed the Senior Citizens Housing Regulation, B.C. Reg. 164/81, and the Designation of Land Regulation, B.C. Reg. 248/99.

Section 29 of the Miscellaneous Statutes Amendment Act, 2001 made the following transitional provisions:

  • 29 (1) In this section:
  • “Act” means the Housing Construction (Elderly Citizens) Act;
  • “commission” means the British Columbia Housing Management Commission.
  • (2) For the purpose of facilitating the repeal of the Act, and despite section 2.1 of the Act, the minister or the commission may do one or more of the following:
  • (a) take any necessary steps to release and cancel any affordable housing agreements under section 2.1 of the Act;
  • (b) in respect of any land designated as an affordable housing development by the Designation of Land Regulation, B.C. Reg. 248/99, for the purpose of section 2.1(3) of the Act, apply to cancel the registration in the land title office of any notice in respect of designated land that was registered for the purposes of the Act;
  • (c) take any necessary steps to release and cancel any agreements entered into by the commission that provided for the payment or deferral of payment of debts arising under section 2.1 of the Act;
  • (d) take any necessary steps to release and apply to cancel the registration of any covenants registered in the land title office under section 219 of the Land Title Act that were registered in order to secure obligation arising under section 2.1 of the Housing Construction (Elderly Citizens) Act;
  • (e) take any other steps necessary to release and cancel any other obligations under the Act or otherwise facilitate the repeal of the Act.

Human Resource Facility Act, R.S.B.C. 1996, c. 209

  • s. 1: Out of money appropriated by the legislature and subject to the regulations, the minister may provide a grant or other assistance to a person for the purpose of acquiring, developing, or operating residences and other facilities for children, persons with disabilities, and others.
  • s. 2: The Lieutenant Governor in Council may dispose of land to a person for a purpose referred to in s. 1.
  • s. 2.1: Where an agreement under the Act includes a restriction that a facility may only be used for human resource purposes, the minister or other agent of government may file a notice to that effect in the land title office. A person who owns or leases a human resource facility must not transfer, mortgage, lease, or otherwise dispose of that person’s interest in the facility unless the written consent of the minister is filed in the land title office. Once a notation has been made in a land title office, an agreement under the Act is binding on all persons who acquire an interest in the affected land.

Note: under s. 6 of the Human Resource Facility Former Grants Regulation, B.C. Reg. 586/76, a municipality or a society must not dispose of land included in a project funded before September 3, 1999, without the prior written consent of the minister.

Library Act, R.S.B.C. 1996, c. 264

  • s. 21: A regional library board may acquire land for library purposes and may dispose of land.
  • s. 49: A federated library board may acquire and dispose of land.

Railway Act

  • s. 30: A railway company may acquire land for the construction and operation of a railway and may dispose of any land it owns.
  • s. 31: A railway company may acquire and dispose of land.

Societies Act, S.B.C. 2015, c. 18

  • s. 6: A society has the capacity, rights, powers and privileges of an individual of full capacity. This includes the powers to buy, sell, and otherwise deal with land.

Strata Property Act, S.B.C. 1998, c. 43

For a discussion of the powers of a strata corporation to acquire land, see ss. 78 to 81 of the Strata Property Act in chapter 57 (Strata Property Act, S.B.C. 1998, c. 43).

Trustee (Church Property) Act, R.S.B.C. 1996, c. 465

  • s. 6: Trustees, appointed by a religious society or congregation of Christians in British Columbia, may acquire and dispose of land for the benefit of the society or congregation.

United Church of Canada Act, S.B.C. 1924, c. 50

  • s. 16: The United Church may acquire and dispose of land for the purpose of its religious work.