In This Volume
-
Agricultural Land Commission Act, S.B.C. 2002, c. 36
- Overview of the Agricultural Land Commission Act [§35.1]
-
Legislation and Commentary [§35.2]
- 1 Definitions [§35.3]
- 15 Inclusion of land in agricultural land reserve by the commission [§35.4]
- 16 Repealed [§35.5]
- 17 Inclusion applications [§35.6]
- 17.1 Agricultural land to remain in reserve unless excluded [§35.7]
- 18 Restrictions on approving land uses and subdivision [§35.8]
- 18.1 Notice of statutory right of way [§35.9]
- 19 Registration restrictions [§35.10]
- 20 Non-farm use of land within agricultural land reserve [§35.11]
- 20.1 Residential use of agricultural land [§35.12]
- 20.2 Pre-existing residential structures [§35.13]
- 20.3 Soil or fill use [§35.14]
- 21 Subdivision of agricultural land reserve [§35.15]
- 22 Covenants [§35.16]
- 23 Exceptions [§35.17]
- 24 Preservation of rights [§35.18]
- 25 Non-farm use and subdivision application by owner [§35.19]
- 26 Delegation of section 25 powers [§35.20]
- 27 Chief executive officer may approve some applications [§35.21]
- 28 Application of sections 18 and 20 to 21 limited to agricultural land [§35.22]
- 29 Exclusion applications [§35.23]
- 29.1 Decision on exclusion applications [§35.24]
- 30 Exclusion by the commission [§35.25]
- 30.1 [Repealed] [§35.26]
- 31 Effect of permission for non-farm use, subdivision or exclusion [§35.27]
- 32 Boundaries to be amended [§35.28]
- 52.1 Notice of remediation orders in land title office [§35.29]
- 52.2 Cancellation of remediation order note [§35.30]
- 58 Land use regulations [§35.31]
- 58.1 Regulations respecting statutory rights of way and subdivision [§35.32]
- 58.2 Regulations respecting fees [§35.33]
- 58.3 Regulations respecting applications [§35.34]
- 58.4 Regulations respecting the commission [§35.35]
- 58.5 Regulations respecting enforcement [§35.36]
- 58.6 General powers respecting regulations [§35.37]
- 60 Certificates of title subject to this Act [§35.38]
- 61 Transitional [§35.39]
-
British Columbia Home Programs Legislation
- Overview of British Columbia Home Programs Legislation [§36.1]
- Budget Measures Implementation Act, 2004, S.B.C. 2004, c. 14 [§36.2]
- Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307 [§36.10]
- Homeowner Protection Act, S.B.C. 1998, c. 31 [§36.15]
-
Builders Lien Act, S.B.C. 1997, c. 45
- Overview of the Builders Lien Act [§37.1]
-
Legislation and Commentary [§37.2]
- 1 Definitions and interpretation [§37.3]
- 1.1 Exemption [§37.4]
- 2 Lien for work and material [§37.5]
- 3 Deemed authorization [§37.6]
- 15 Claim of lien to be in prescribed form [§37.7]
- 16 General lien [§37.8]
- 17 No claim under $200 [§37.9]
- 18 Procedure to file a claim of lien under the Mineral Tenure Act [§37.10]
- 19 Liability for wrongful filing [§37.11]
- 20 Time for filing claim of lien [§37.12]
- 21 When claim of lien takes effect [§37.13]
- 22 Lien extinguished if not filed as required by Act [§37.14]
- 23 Removal of claims of lien by payment of total amount recoverable [§37.15]
- 24 Cancellation of claim of lien by giving security [§37.16]
- 25 Powers of court, registrar or gold commissioner to remove claim of lien [§37.17]
- 26 Enforcement of claim [§37.18]
- 27 Local venue for proceedings under this Act [§37.19]
- 28 Proof of filing of claim of lien [§37.20]
- 30 Counterclaim and judgment for creditor [§37.21]
- 31 Court may order sale [§37.22]
- 32 Priority of secured lender [§37.23]
- 33 Limitation and notice to commence an action [§37.24]
- 35 Maximum claim against purchaser’s interest [§37.25]
- 42 Certain acts, agreements, assignments void [§37.26]
- 43 Lien may be assigned [§37.27]
- 45 Offence [§37.28]
- 47 Power to make regulations [§37.29]
- 48 Transition [§37.30]
-
Court Order Enforcement Act, R.S.B.C. 1996, c. 78
- Overview of the Court Order Enforcement Act [§38.1]
-
Legislation and Commentary [§38.2]
- Part 5—Enforcement of Court Orders
- 47 Definitions for Part [§38.3]
- 50 How time to be calculated [§38.4]
- 52 Court may order preference claim to extent of 3 months’ wages [§38.5]
- 53 Creditor may enforce claim for balance due [§38.6]
- 54 Return of writ or order by sheriff [§38.7]
- 56 Land not to be sold under writ of execution against goods [§38.8]
- 57 Interests subject to seizure and sale [§38.9]
- 80 Writs of elegit or fi. fa. land abolished [§38.10]
- 81 Definitions for sections 82 to 112 [§38.11]
- 82 Registration of judgment before October 31, 1979 [§38.12]
- 83 Expiration of lien [§38.13]
- 84 Registration or renewal before October 31, 1979 [§38.14]
- 85 Section 84 limited in time [§38.15]
- 86 Registration of judgments after October 30, 1979 [§38.16]
- 87 Fraudulent Preference Act [§38.17]
- 88 Application to register judgment [§38.18]
- 89 Notice to owner [§38.19]
- 90 Additional compensation [§38.20]
- 91 Expiration and renewal [§38.21]
- 92 Procedure for enforcing charge [§38.22]
- 93 Determination of disputed questions [§38.23]
- 94 Reference to ascertain land and settle priorities [§38.24]
- 95 Registrar may retain sufficient sum to satisfy claim under Creditor Assistance Act [§38.25]
- 96 Order for sale of land [§38.26]
- 97 Court may direct notification of claimants not before court [§38.27]
- 98 Pending litigation [§38.28]
- 105 Conveyance of land sold [§38.29]
- 107 Purchaser not to be affected by irregularities [§38.30]
- 108 Proceeding not to abate by marriage, death or bankruptcy [§38.31]
- 109 Power of purchasers to satisfy encumbrances [§38.32]
- 112 Registration of conveyance [§38.33]
-
Environmental Management Act, S.B.C. 2003, c. 53
- Overview of the Environmental Management Act [§39.1]
-
Legislation and Commentary [§39.2]
- Part 1—Interpretation
- 1 Definitions and interpretation [§39.3]
- Part 4—Contaminated Site Remediation
- 39 Definitions and interpretation [§39.4]
- 40(1)(a) and (6) Site disclosure statements [§39.5]
- 46 Persons not responsible for remediation [§39.6]
- 53(1) to (4) and (6) Approvals in principle and certificates of compliance [§39.7]
- 55 Removal and deposit of soil [§39.8]
- 55.1 High volume soil receiving sites [§39.9]
- 59 Cost recovery if minister carries out remediation [§39.10]
-
Escheat Act, R.S.B.C. 1996, c. 120
- Overview of the Escheat Act [§40.1]
-
Legislation and Commentary [§40.2]
- Part 1—Escheats
- 1 Escheated land may be taken by attorney general [§40.3]
- 1.1 Delegation by Attorney General [§40.4]
- 3 Escheat of estates [§40.5]
- 4 Escheat of land on dissolution of corporation [§40.6]
- 4.1 Disposal of escheated water system property [§40.7]
- 5 Power to restore land to legal or moral claimants [§40.8]
- 7 Waiver of government rights [§40.9]
- 11 Sale of escheated land [§40.10]
- 12 Powers of Attorney General to dispose of land [§40.11]
- 14 Property Crown granted that has escheated [§40.12]
- Part 2—Operation of Water Systems Property
- 15 Definitions [§40.13]
- 20 Lien against serviced property [§40.14]
- 21 Filing of certificate [§40.15]
-
Expropriation Act, R.S.B.C. 1996, c. 125
- Overview of the Expropriation Act [§41.1]
-
Legislation and Commentary [§41.2]
- Part 1—Definitions and Application
- 1 Definitions [§41.3]
- 2 Application [§41.4]
- 3 If the owner agrees to transfer or dedicate land [§41.5]
- Part 2—Approval
- 4 Approval of expropriation [§41.6]
- 5 Dispensing with approval and inquiry [§41.7]
- Part 3—Pre-Expropriation Procedures
- 6 Expropriation notice [§41.8]
- 7 Land title office filing and registration [§41.9]
- 16 Modification of expropriation [§41.10]
- Part 4—Expropriation
- 18 Decision of approving authority [§41.11]
- 19 Abandonment [§41.12]
- 21 Divesting after expropriation [§41.13]
- 23 Vesting and possession [§41.14]
- 24 Correction of errors [§41.15]
- Part 5—Compensation Procedures
- 26 Jurisdiction and decision [§41.16]
- Part 7—General
- 54 Power to make regulations [§41.17]
- 55 [Repealed] [§41.18]
- Appendix: Selected Forms [§41.19]
-
Family Matters
- Overview of Acts [§42.1]
-
Family Law Act, S.B.C. 2011, c. 25 [§42.2]
- Overview of the Family Law Act [§42.3]
-
Legislation and Commentary [§42.4]
- Part 1—Interpretation
- 1 Definitions [§42.5]
- 2 General interpretation [§42.6]
- 3 Spouses and relationships between spouses [§42.7]
- Part 5—Property Division
- Division 1—General Rules
- 81 Equal entitlement and responsibility [§42.8]
- 81.1 Certain presumptions not to be applied [§42.9]
- 82 Rights and remedies of third parties [§42.10]
- Division 2—Determining Family Property and Family Debt
- 83 Interpretation [§42.11]
- 84 Family property [§42.12]
- 85 Excluded property [§42.13]
- 86 Family debt [§42.14]
- 87 Valuing family property and family debt [§42.15]
- Division 3—Before Agreement or Final Order Is Made
- 88 Orders under this Division [§42.16]
- 89 Orders for interim distribution of property [§42.17]
- 90 Temporary orders respecting family residence [§42.18]
- 91 Temporary orders respecting protection of property [§42.19]
- Division 4—Dividing Family Property and Family Debt
- 92 Agreements respecting property division [§42.20]
- 93 Setting aside agreements respecting property division [§42.21]
- 94 Orders respecting property division [§42.22]
- 95 Unequal division by order [§42.23]
- 96 Division of excluded property [§42.24]
- 97 Giving effect to property division [§42.25]
- Division 5—Enforcing and Protecting Property Interests
- 98 Definitions [§42.26]
- 99 Filing in land title office [§42.27]
- 101 Orders for postponement, cancellation or discharge [§42.28]
- 102 Donor of gift is party to agreement [§42.29]
- 103 Enforceability of interest in property [§42.30]
- 104 Rights under this Part [§42.31]
- Division 6—Jurisdiction and Choice of Law Rules
- 105 Definitions and interpretation [§42.32]
- 106 Determining whether to act under this Part [§42.33]
- 107 Proper law of the relationship between the spouses [§42.34]
- 108 Choice of law rules [§42.35]
- 109 Extraprovincial property [§42.36]
- Part 7—Child and Spousal Support
- Division 1—Definitions
- 146 Definitions [§42.37]
- Division 2—Child Support
- 148 Agreements respecting child support [§42.38]
- Division 4—Spousal Support
- 163 Agreements respecting spousal support [§42.39]
- Part 8—Children’s Property
- 175 Definitions [§42.40]
- 179 Appointment of trustee by Supreme Court [§42.41]
- 180 Subsequent applications respecting trustee [§42.42]
- 181 When child’s property must be delivered to child [§42.43]
- Part 12—Regulations
- 248 General regulation-making powers [§42.44]
- 252 Transition—proceeding respecting property division [§42.45]
- Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127 [§42.46]
-
Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29 [§42.52]
- Overview of the Interjurisdictional Support Orders Act [§42.53]
-
Legislation and Commentary [§42.54]
- Part 3—Registration of Orders Made Outside British Columbia
- 16 Application [§42.55]
- 17 Receipt of an order in British Columbia [§42.56]
- 18 Registration of extraprovincial or foreign order [§42.57]
- 19 Foreign orders after registration [§42.58]
- 20 Effect of setting aside registration of foreign orders [§42.59]
-
Land (Spouse Protection) Act, R.S.B.C. 1996, c. 246 [§42.60]
- Overview of the Land (Spouse Protection) Act [§42.61]
-
Legislation and Commentary [§42.62]
- 1 Definitions [§42.63]
- 2 Application for charge under this Act [§42.64]
- 3 When disposition without consent of spouse is void [§42.65]
- 4 Application of Wills, Estates and Succession Act [§42.66]
- 5 Spouses living apart [§42.67]
- 6 When Act ceases to apply [§42.68]
- 7 Filing of consent on disposition [§42.69]
- 8 Dispensing with consent and notice [§42.70]
- 9 Presumption of consent from participation in sale [§42.71]
- 10 Abandonment by spouse of benefits and privileges [§42.72]
- 11 Cancellation on protected spouse predeceasing other spouse [§42.73]
- 12 Spouse may be required to show why entry should not be discharged [§42.74]
- 13 Appeal from registrar’s decision [§42.75]
- 14 [Repealed] [§42.76]
- 15 Power to prescribe forms [§42.77]
-
Fraudulent Conveyance and Fraudulent Preference Acts
- Fraudulent Conveyance Act, R.S.B.C. 1996, c. 163 [§43.1]
-
Fraudulent Preference Act, R.S.B.C. 1996, c. 164 [§43.6]
- Overview of the Fraudulent Preference Act [§43.7]
-
Legislation and Commentary [§43.8]
- 1 Definition [§43.9]
- 2 Instruments preferring creditors [§43.10]
- 3 Transfers which prejudice creditors [§43.11]
- 4 Transfers having effect of preference [§43.12]
- 5 What transactions to be deemed preferential [§43.13]
- 6 Sales and transfers in good faith [§43.14]
- 7 Following proceeds of property fraudulently transferred [§43.15]
- 8 Conveyances void as against registered judgment [§43.16]
- 9 Setting aside fraudulent conveyances [§43.17]
- 10 Determination of disputed questions [§43.18]
- 11 Certificate of proceedings [§43.19]
- 12 Costs in discretion of court [§43.20]
-
Interpretation Act, R.S.B.C. 1996, c. 238
- Overview of the Interpretation Act [§44.1]
-
Legislation and Commentary [§44.2]
- 1 Definitions [§44.3]
- 8 Enactment remedial [§44.4]
- 8.1 Section 35 of Constitution Act, 1982 and Declaration [§44.5]
- 14 Government bound by enactments; exception [§44.6]
- 25 General rules for determining beginning or end of periods of time [§44.7]
- 25.1 Calculation of age [§44.8]
- 25.2 Determining the beginning or end of periods of days or weeks [§44.9]
- 25.3 Determining the beginning or end of periods of months [§44.10]
- 25.4 Determining the beginning or end of periods of years [§44.11]
- 25.5 If day specified is holiday or office closed [§44.12]
- 28 Use of forms and words [§44.13]
- 29 Expressions defined [§44.14]
- 29.1 Definitions in relation to treaty first nations [§44.15]
- 29.2 Definitions in relation to Nisga’a Final Agreement [§44.16]
- 40 Definitions in Community Charter and Local Government Act apply to other enactments [§44.17]
-
Land Act, R.S.B.C. 1996, c. 245
- Overview of the Land Act [§45.1]
-
Legislation and Commentary [§45.2]
- 1 Definitions [§45.3]
- 1.1 Exclusions from Crown land definition [§45.4]
- Part 1—Land Districts and Land Recording Districts
- 7 Crown land registry [§45.5]
- Part 1.1—Integrated Land and Resource Registry
- 7.1 Definitions [§45.6]
- 7.2 Integrated Land and Resource Registry [§45.7]
- 7.3 No notice or knowledge of information in integrated registry [§45.8]
- 7.4 Public access to integrated registry [§45.9]
- 7.5 Personal liability protection [§45.10]
- 7.6 [Repealed] [§45.11]
- 7.7 Offences [§45.12]
- 7.8 Power to make regulations [§45.13]
- Part 2—Disposition of Crown Land—General
- 8 If no disposition [§45.14]
- 9 Citizenship of grantee [§45.15]
- 10 Application for Crown land [§45.16]
- 10.1 When no application for Crown land may be made [§45.17]
- 11 Minister may dispose of Crown land [§45.18]
- 12 Crown grant of cancelled dedicated land [§45.19]
- 13 Roads [§45.20]
- 27 Reservations to which purchasers are subject [§45.21]
- 31 Transfers to Canada [§45.22]
- Part 3—Application Procedure for Disposition of Crown Land
- 34 Disposition by minor [§45.23]
- 38 Lease [§45.24]
- 40 Right of way and easement [§45.25]
- Part 4—Disposition of Crown Land—Cancellation, Amendment and Abandonment
- 43 Cancellation of disposition [§45.26]
- 44 Amendment and cancellation if approval or grant improper [§45.27]
- Part 5—Crown Grants
- 48 Issue of Crown grant [§45.28]
- 49 Form of Crown grant [§45.29]
- 50 Exceptions and reservations [§45.30]
- 51 Grant of Crown land to government corporations and bodies [§45.31]
- 52 Power to delete terms in Crown grants [§45.32]
- 53 Procedure to cancel defective grants [§45.33]
- 54 Delivery and registration of Crown grants [§45.34]
- 55 Bodies of water [§45.35]
- 56 Application [§45.36]
- 57 Roads [§45.37]
- 58 Application to include body of water or road in subdivision [§45.38]
- Part 7—Surveys
- 77.1 Treaty lands—survey instructions [§45.39]
- 80 Access to private land [§45.40]
- 81 Agreed boundary [§45.41]
- 88 Confirmation of resurvey plan [§45.42]
- 90 Resurvey binding [§45.43]
- Part 7.2—Deposit of Electronic Plans in Crown Land Registry
- Division 1—Definitions and Application
- 93.9 Definitions [§45.44]
- 93.901 Application of this Part [§45.45]
- Division 2—Electronic Plans
- 93.91 Effect of electronic plan [§45.46]
- 93.911 Submission of electronic plans [§45.47]
- 93.92 Form and manner of completion [§45.48]
- 93.93 Signing requirements—British Columbia land surveyor [§45.49]
- 93.94 Submitting electronic plans [§45.50]
- 93.941 Signing requirements—Surveyor General [§45.51]
- Division 3—Certification of Subscribers
- 93.95 Certification authority [§45.52]
- 93.96 Certification practice statement [§45.53]
- 93.97 Warranties of certification authorities [§45.54]
- 93.98 Immunity [§45.55]
- 93.99 Delegation of powers to Director of Land Titles [§45.56]
- Division 4—General
- 93.991 Offences [§45.57]
- Part 8—Additional Powers
- 94 Crown grant payments [§45.58]
- 102 Minister may consent to plan proceedings [§45.59]
- 103 Minister may order government title cancelled [§45.60]
- 104 Affidavits [§45.61]
- 106 Land revested in government [§45.62]
- 109 Execution of documents [§45.63]
- 109.1 Fees for services provided by Surveyor General [§45.64]
-
Land Owner Transparency Act, S.B.C. 2019, c. 23
- Overview of the Land Owner Transparency Act [§46.1]
-
Legislation and Commentary [§46.2]
- Part 1—Definitions, Interpretation and Application
- 1 Definitions [§46.3]
- 2 Meaning of “beneficial owner” [§46.4]
- 3 Meaning of “corporate interest holder” [§46.5]
- 4 Meaning of “partnership interest holder” [§46.6]
- 5 Application of Land Title Act [§46.7]
- 6 Act does not apply to Indigenous land or prescribed land [§46.8]
- 7 Primary identification information—corporations and limited liability companies [§46.9]
- 8 Primary identification information—individuals [§46.10]
- 9 Primary identification information—relevant partnerships [§46.11]
- Part 2—Transparency Declarations and Transparency Reports
- Division 1—Transparency Declarations
- 10 Transparency declaration required with application to register interest in land [§46.12]
- 11 Refusal of application if transparency declaration not submitted, certified or signed [§46.13]
- Division 2—Transparency Reports
- 12 Transparency report required with application to register interest in land [§46.14]
- 13 General rules for filing and completing transparency reports [§46.15]
- 14 Refusal of application if transparency report not submitted, certified or signed [§46.16]
- 15 Transparency report required from pre-existing and other owners [§46.17]
- 16 Transparency report required on change of interest holders or determination of incapacity [§46.18]
- 17 Filing of new transparency report to correct previous report [§46.19]
- 17.1 Notice required if corporation, trust or partnership ceases to be relevant corporation, relevant trust or relevant partnership [§46.20]
- Division 3—Content of Transparency Reports
- 18 Information required in transparency reports [§46.21]
- 19 Information about interest holders [§46.22]
- 20 Information about settlors [§46.23]
- 21 Requirements if unable to obtain information about interest holders or settlors [§46.24]
- 22 Identification of incapacity [§46.25]
- 23 Interest holder’s duty to give information [§46.26]
- 24 Notice to interest holders and settlors [§46.27]
- Division 4—Certification and Electronic Signatures
- 25 Certification of transparency declarations and transparency reports [§46.28]
- 26 Electronic signing [§46.29]
- 27 Prohibitions in relation to electronic signing [§46.30]
- Part 3—Access to Transparency Records, Reported Information and Publicly Accessible Information
- 28 Definitions for Part 3 [§46.31]
- 29 Administrator’s duty to keep and maintain records and information [§46.32]
- 30 Administrator’s duty to make information available [§46.33]
- 31 Inspections and searches by enforcement officer and ministry officials [§46.34]
- 32 Inspections and searches for tax and related purposes [§46.35]
- 33 Inspections and searches for law enforcement purposes [§46.36]
- 34 Inspections and searches by regulators [§46.37]
- 35 Searches by members of public [§46.38]
- 36 Manner of conducting inspections and searches [§46.39]
- 37 Restrictions on inspections and searches [§46.40]
- 38 Fees for inspections and searches [§46.41]
- 39 Mandatory omission of information from publicly accessible information [§46.42]
- 40 Application to omit information if health or safety at risk [§46.43]
- 41 Determination of application to omit information [§46.44]
- 42 Application to correct or change information [§46.45]
- 43 Determination of application to correct or change information [§46.46]
- 44 Omissions, changes or annotations on administrator’s initiative [§46.47]
- 45 Omissions, changes or annotations required by enforcement officer [§46.48]
- Part 5—General
- 87 How documents must be given to registrar or administrator [§46.49]
- Schedule 1 [§46.50]
- Schedule 2 [§46.53]
- Land Surveys Legislation
-
Land Title and Survey Authority Act, S.B.C. 2004, c. 66
- Overview of the Land Title and Survey Authority Act [§48.1]
-
Legislation and Commentary [§48.2]
- Part 1—Definitions
- 1 Definitions [§48.3]
- Part 2—Authority Established
- 2 Land Title and Survey Authority of British Columbia established [§48.4]
- 3 Status of assets if Authority is dissolved [§48.5]
- 4 Purposes of Authority [§48.6]
- 5 Property of Authority [§48.7]
- Part 3—Governance of Authority
- Division 1—Board of Directors
- 6 Board of directors [§48.8]
- 7 Nomination and appointment process [§48.9]
- 8 Directors appointed by panel [§48.10]
- 9 Persons qualified to be directors [§48.11]
- 10 Register of directors [§48.12]
- 11 When director ceases to hold office [§48.13]
- 12 Appointment of replacement directors [§48.14]
- 13 Factors to be considered in appointments [§48.15]
- Division 2—Powers and Duties of Directors and Officers
- 14 Powers and functions of directors [§48.16]
- 15 Role of directors [§48.17]
- 16 Duties of directors and senior officers [§48.18]
- 17 Validity of acts of directors and senior officers [§48.19]
- 18 Proceedings of directors [§48.20]
- 19 Bylaws [§48.21]
- 20 New or increased fees [§48.22]
- 20.1 New or increased fees under Land Owner Transparency Act [§48.23]
- 21 Charges payable by government or government body [§48.24]
- Division 3—General
- 22 Remuneration and reimbursement of directors [§48.25]
- 23 Indemnification [§48.26]
- 24 Head office [§48.27]
- 25 Records [§48.28]
- 26 Annual general meeting [§48.29]
- Part 4—Conflicts of Interest
- 27 Disclosable interests [§48.30]
- 28 Obligation to account for profits [§48.31]
- 29 Powers of court [§48.32]
- 30 Validity of contracts and transactions [§48.33]
- 31 Limitation of obligations of directors and senior officers [§48.34]
- 32 Disclosure of conflict of office or property [§48.35]
- Part 5—Officers and Employees
- 33 Appointment of chief executive officer [§48.36]
- 34 Appointment of Surveyor General and other employees [§48.37]
- Part 6—Financial Administration
- 35 Fiscal year of Authority [§48.38]
- 36 Appointment of auditor [§48.39]
- 37 Financial statements [§48.40]
- 38 Business plan [§48.41]
- Part 7—General
- 39 Decisions of the First Nations Summit [§48.42]
- 40 Application of other Acts [§48.43]
- 41 Appointment of administrator [§48.44]
- 42 Offence Act [§48.45]
- 43 Power to make regulations [§48.46]
- Part 8—Transitional Provisions and Consequential Amendments
- Transitional Provisions
- 44 First chief executive officer and directors of Authority [§48.47]
- 45 Transitional—financial administration [§48.48]
- 46 Transitional—appointments continued [§48.49]
- 47 Transitional—transfer of property and records [§48.50]
- 48 Transitional—approved forms under the Land Title Act [§48.51]
-
Land Title Inquiry Act, R.S.B.C. 1996, c. 251
- Overview of the Land Title Inquiry Act [§49.1]
-
Legislation and Commentary [§49.2]
- 1 Right to judicial investigation of fee simple title [§49.3]
- 2 Investigation of interest in land [§49.4]
- 3 Investigation of title of government to land [§49.5]
- 4 Application proceedings [§49.6]
- 5 Affidavit of applicant [§49.7]
- 6 Certificate of counsel [§49.8]
- 7 Registration in land title office [§49.9]
- 8 Evidence [§49.10]
- 9 Form of evidence [§49.11]
- 10 Payment of taxes required [§49.12]
- 11 Further evidence [§49.13]
- 12 Notice of application and decision to be published before declaration [§49.14]
- 13 Publication sufficient notice [§49.15]
- 14 Notice to adverse claimants [§49.16]
- 15 Other notice [§49.17]
- 16 Adverse claimant to file statement of his claim [§49.18]
- 17 Contested title [§49.19]
- 18 Security for costs [§49.20]
- 19 Costs [§49.21]
- 20 Withdrawal of application [§49.22]
- 21 Court may refer petition to referee [§49.23]
- 22 Exceptions to claim of title [§49.24]
- 23 Declaration of title [§49.25]
- 24 Order for possession [§49.26]
- 25 Death or change of interest [§49.27]
- 26 Informalities not to invalidate proceedings [§49.28]
- 27 Registration and effect of declaration [§49.29]
- 28 Certified copy of declaration to be admissible evidence [§49.30]
- 29 Declaration obtained by fraud or falsehood [§49.31]
- 30 Construction of Act [§49.32]
-
Land Transfer Form Act, R.S.B.C. 1996, c. 252
- Overview of the Land Transfer Form Act [§50.1]
-
Legislation and Commentary [§50.2]
- 1 Definitions [§50.3]
- Part 1
- 2 Effect of deed [§50.4]
- 3 Deed to include all buildings, reversions and estate [§50.5]
- 4 Validity of deed failing to take effect by this Part [§50.6]
- Part 2
- 5 Effect of lease [§50.7]
- 6 Lease to include all buildings [§50.8]
- 7 Validity of lease failing to take effect by this Part [§50.9]
- 8 Covenants not to assign or sublet [§50.10]
- Part 3
- 9 Effect of mortgage [§50.11]
- 10 Mortgage to include all buildings, reversions and estate [§50.12]
- 11 Taxation of bills [§50.13]
- 12 Validity of mortgage failing to take effect by this Part [§50.14]
- 13 Schedules and directions form part of Act [§50.15]
- Schedules [§50.16]
-
Law and Equity Act, R.S.B.C. 1996, c. 253
- Overview of the Law and Equity Act [§51.1]
-
Legislation and Commentary [§51.2]
- 2 Application of English Law in British Columbia [§51.3]
- 12 Merger [§51.4]
- 13 Mortgagor may sue in respect of mortgaged land [§51.5]
- 14 Mortgagor may require mortgagee to assign [§51.6]
- 21 Venue in foreclosure proceedings [§51.7]
- 36 Assignment of debts and choses in action [§51.8]
- 37 Vesting orders [§51.9]
- 38 Execution of instruments by order of court [§51.10]
- 59 Enforceability of contracts [§51.11]
- 60 Spousal capacity and property [§51.12]
- 60.1 Responsibility for former spouse [§51.13]
- 61 [Repealed] [§51.14]
-
Local Government Legislation
- Overview of Local Government Legislation [§52.1]
-
Community Charter, S.B.C. 2003, c. 26 [§52.2]
- Part 1—Principles, Purposes and Interpretation
- 1 Principles of municipal governance [§52.3]
- 2 Principles of municipal-provincial relations [§52.4]
- 3 Purposes of Act [§52.5]
- 4 Broad interpretation [§52.6]
- 5 Definitions and other interpretation rules [§52.7]
- Part 2—Municipal Purposes and Powers
- Division 1—Purposes and Fundamental Powers
- 6 Municipalities and their councils [§52.8]
- 7 Municipal purposes [§52.9]
- 8 Fundamental powers [§52.10]
- 9 Spheres of concurrent authority [§52.11]
- Division 2—Scope of Jurisdiction
- 10 Relationship with Provincial laws [§52.12]
- 11 Area of jurisdiction [§52.13]
- Division 3—Ancillary Powers
- 13 Services outside municipality [§52.14]
- 13.1 Services within treaty lands [§52.15]
- 14 Intermunicipal service, regulatory and other schemes [§52.16]
- Part 3—Additional Powers and Limits on Powers
- Division 1—Partnering and Other Agreements
- 21 Partnering agreements [§52.17]
- 22 Agreements granting exclusive or limited franchises [§52.18]
- 23 Agreements with other public authorities [§52.19]
- Division 3—Municipal Property
- 26 Notice of proposed property disposition [§52.20]
- 27 Exchange or other disposal of park land [§52.21]
- 28 Disposal of water systems, sewage systems and other utilities [§52.22]
- 29 Municipal ownership of subdivision park land [§52.23]
- 30 Reservation and dedication of municipal property [§52.24]
- Division 4—Expropriation and Compensation
- 31 General expropriation power [§52.25]
- 32 Authority to enter on and use property [§52.26]
- 33 Compensation for expropriation and other actions [§52.27]
- 34 Appropriation of stream channel or bed without compensation [§52.28]
- Division 5—Highways
- 35 Ownership and possession of highways [§52.29]
- 36 General authority in relation to highways [§52.30]
- 37 Intermunicipal boundary highways [§52.31]
- 38 Temporary traffic restriction and traffic control [§52.32]
- 39 Additional powers in relation to highways [§52.33]
- 40 Permanent closure and removal of highway dedication [§52.34]
- 41 Restrictions in relation to highway disposition, closure or alteration [§52.35]
- 42 Agreements respecting compensation for extraordinary traffic [§52.36]
- 43 Agreements respecting municipal equipment on utility poles [§52.37]
- 44 Agreements to reserve land for highway purposes [§52.38]
- 45 Highway construction and dikes [§52.39]
- 46 Use of highways and public places [§52.40]
- Division 8—Building Regulation
- 56 Requirement for geotechnical report [§52.41]
- 57 Note against land title that building regulations contravened [§52.42]
- 58 Cancellation of note against land title [§52.43]
- Division 12—Remedial Action Requirements
- 80 Recovery of municipal costs through sale of property [§52.44]
- Part 5—Municipal Government and Procedures
- Division 5—Officers and Employees
- 146 Officer positions [§52.45]
- 148 Corporate officer [§52.46]
- Division 7—Other Matters
- 159 Notice to municipality [§52.47]
- 160 Notice by municipality: obligation satisfied if reasonable effort made [§52.48]
- 162 Certified copies of municipal records [§52.49]
- 163 Evidence of municipal bylaws and other records [§52.50]
- Part 7—Municipal Revenue
- Division 1—General
- 192 General revenue sources [§52.51]
- 193 Authority for fees and taxes [§52.52]
- Division 3—Property Value Taxes
- 197 Annual property tax bylaw [§52.53]
- 198 Assessment averaging and phasing options [§52.54]
- 198.1 Development potential relief [§52.55]
- 199 Property tax rates regulations [§52.56]
- Division 4—Parcel Taxes
- 200 Parcel tax bylaw [§52.57]
- 201 Property subject to parcel tax [§52.58]
- 202 Parcel tax roll for purpose of imposing tax [§52.59]
- 203 Content of parcel tax roll [§52.60]
- Division 5—Local Service Taxes
- 210 Authority for local area services [§52.61]
- 211 Requirements for establishing a local area service [§52.62]
- 216 Local service taxes [§52.63]
- Division 6—Statutory Exemptions
- 220 General statutory exemptions [§52.64]
- 221 Grandparented pollution abatement exemptions [§52.65]
- 221.1 Grandparented dust and particulate matter eliminator exemptions [§52.66]
- 222 Phased farm property tax exemption [§52.67]
- 223 Exemptions under regulations [§52.68]
- Division 7—Permissive Exemptions
- 224 General authority for permissive exemptions [§52.69]
- 225 Partnering, heritage, riparian and other special exemption authority [§52.70]
- 226 Revitalization tax exemptions [§52.71]
- 227 Notice of permissive tax exemptions [§52.72]
- Division 8—Tax Liability of Occupiers
- 228 Taxation of Crown land used by others [§52.73]
- 229 Taxation of municipal land used by others [§52.74]
- 230 Taxation of occupier of exempt land [§52.75]
- Division 9—General Revenue Collection Authority
- 231 Recovery of taxes and fees [§52.76]
- 232 Collection agreements with other taxing authorities [§52.77]
- Division 10—Property Tax Due Dates and Tax Notices
- 232.1 Definition and application of section 160 [§52.78]
- 233 Options for tax due dates [§52.79]
- 234 General tax collection scheme [§52.80]
- 235 Alternative municipal tax collection scheme [§52.81]
- 236 Owner may elect which scheme to use [§52.82]
- 237 General tax notices [§52.83]
- 238 Persons may request copies of tax notices [§52.84]
- Division 11—Adjustments to Taxes
- 239 Interest on overpayment of taxes [§52.85]
- 240 Adjustments for assessment changes [§52.86]
- 241 Taxation based on supplementary roll [§52.87]
- 242 Apportionment of property value taxes if land subdivided [§52.88]
- 243 Apportionment of parcel taxes if land subdivided [§52.89]
- Division 12—Payment of Taxes
- 244 Application of tax payments [§52.90]
- 245 Taxes in arrear [§52.91]
- 246 Delinquent taxes [§52.92]
- 247 Treatment of outstanding taxes on subdivision or cancellation of subdivision [§52.93]
- 248 Statement of outstanding taxes [§52.94]
- 249 Certificate of outstanding taxes [§52.95]
- Division 13—Recovery of Taxes
- 250 Taxes are a special charge on the land [§52.96]
- 251 Liability of assessed owner [§52.97]
- 252 Recovery of taxes by the legal remedy of distress [§52.98]
- 253 Power to accept real property in place of taxes [§52.99]
- 254 Tax sales [§52.100]
- 255 Notice of delinquent taxes on Crown land [§52.101]
- 256 Recovery of taxes on Crown land subject to an agreement for sale [§52.102]
- 257 Recovery of taxes on Crown land held under lease or licence [§52.103]
- Division 14—Recovery of Special Fees
- 258 Special fees may be collected as property taxes [§52.104]
- 259 Special fees that are liens against property [§52.105]
- Schedule—Definitions and Rules of Interpretation
- 1 Definitions [§52.106]
- 2 Application of Local Government Act definitions [§52.107]
- 4 References to municipal officers [§52.108]
-
Local Government Act, R.S.B.C. 2015, c. 1 [§52.109]
- Part 1—Purposes and Interpretation
- 1 Purposes of this Act [§52.110]
- 2 Definitions and other interpretation rules [§52.111]
- Division 4—Specific Powers in Relation to Municipal Letters Patent
- Additional powers where former municipality dissolved when new municipality incorporated [§52.112]
- Part 2—Incorporation of Municipalities and Regional Districts
- Division 5—Municipal Incorporation or Boundary Changes: Related Matters
- 36 Collection of taxes in relation to municipal boundary changes [§52.113]
- 39 Rights and liabilities not affected by reissue of letters patent [§52.114]
- Part 5—Regional Districts: Purposes, Principles and Interpretation
- 185 Purposes of regional districts [§52.115]
- 186 Principles for regional district-provincial relations [§52.116]
- 187 Broad interpretation [§52.117]
- 189 References to regional district officers [§52.118]
- Part 6—Regional Districts: Governance and Procedures
- Division 1—Regional Districts and Their Boards
- 193 Regional district corporations [§52.119]
- 194 Board as governing body [§52.120]
- 195 Area of jurisdiction [§52.121]
- Division 10—Other Matters
- 246 Giving notice to regional districts [§52.122]
- 247 Notice by regional district: obligation satisfied if reasonable effort made [§52.123]
- 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 [§52.124]
- 279 Control of Crown land parks dedicated by subdivision [§52.125]
- 280 Disposition of regional parks and trails [§52.126]
- 281 Exchange of park land: application of Community Charter [§52.127]
- Part 9—Regional Districts: Specific Service Powers
- Division 1—Building Regulation
- 297 Authority requires regional district service [§52.128]
- 298 Building regulation bylaws [§52.129]
- Division 3—Drainage, Sewerage and Related Matters
- 313 Appropriation of stream channel or bed [§52.130]
- Part 10—Regional Districts: Service Structure and Establishing Bylaws
- Division 1—General Service Powers
- 332 General authority for services [§52.131]
- Part 11—Regional Districts: Financial Management
- Division 5—Fees, Charges and Interest
- 397 Imposition of fees and charges [§52.132]
- 398 Interest calculation [§52.133]
- 399 Special fees and charges that are to be collected as taxes [§52.134]
- 400 Special fees and charges that are liens against property [§52.135]
- Part 14—Planning and Land Use Management
- Overview of Part 14 [§52.136]
- Division 1—General
- 455 Definitions in relation to this Part [§52.137]
- Division 5—Zoning Bylaws
- 483 Housing agreements for affordable housing and special needs housing [§52.138]
- Division 6—Development Approval Information Requirements
- 484 Development approval information [§52.139]
- 485 Development approval information areas or circumstances [§52.140]
- 486 Bylaw authority in relation to development approval information [§52.141]
- 487 Requirement to provide development approval information [§52.142]
- Division 7—Development Permits
- 488 Designation of development permit areas [§52.143]
- 489 Activities that require a development permit [§52.144]
- 490 Development permits: general authority [§52.145]
- 491 Development permits: specific authorities [§52.146]
- Division 8—Temporary Use Permits
- 492 Designation of temporary use permit areas [§52.147]
- 493 Temporary use permits for designated areas and other areas [§52.148]
- 494 Public notice and hearing requirements [§52.149]
- 495 Permit conditions: undertakings respecting land [§52.150]
- 496 Permit conditions: additional security requirements [§52.151]
- 497 Term of permit and renewal of permit [§52.152]
- Division 9—Development Variance Permits
- 498 Development variance permits [§52.153]
- 498.1 Delegation of power to issue development variance permit [§52.154]
- 499 Notice to affected property owners and tenants [§52.155]
- Division 10—Other Permits and Permit Matters
- 501 General land use permit matters [§52.156]
- 502 Requirement for security as condition of land use permit [§52.157]
- 503 Notice of permit on land title [§52.158]
- 504 Permit lapses if relevant construction not substantially started [§52.159]
- Division 11—Subdivision and Development: Requirements and Related Matters
- 506 Subdivision servicing requirements [§52.160]
- 507 Requirements for excess or extended services [§52.161]
- 508 Latecomer charges and cost recovery for excess or extended services [§52.162]
- 509 Completion of required works and services [§52.163]
- 510 Requirement for provision of park land or payment for parks purposes [§52.164]
- 513 Requirement to provide land for new highway or widening existing highway [§52.165]
- 514 Subdivision to provide residence for a relative [§52.166]
- Division 12—Phased Development Agreements
- 515 Definitions in relation to this Division [§52.167]
- 516 Phased development agreements [§52.168]
- 520 Subdivision approval for land subject to phased development agreement [§52.169]
- 521 Notice of phased development agreement on land title [§52.170]
- Division 16—Discharge and Termination of Land Use Contracts
- 545 Application to land use contracts under previous legislation [§52.171]
- 546 Amendment and discharge of land use contract [§52.172]
- 547 Termination of all land use contracts in 2024 [§52.173]
- 548 Process for early termination of land use contract [§52.174]
- 549 Notice of termination [§52.175]
- 550 Discharge of terminated land use contract [§52.176]
- Part 15—Heritage Conservation
- Division 2—Notices Under This Part
- 594 Notice on land titles [§52.177]
- Division 7—Remedies and Offences
- 620 Notice of contravention may be filed in land title office [§52.178]
- Part 16—Municipal Provisions
- Division 7—Annual Municipal Tax Sale
- 651 Purchaser to give authority to register tax sale title [§52.179]
- 652 Collector to provide certificate of sale [§52.180]
- 656 Notice of tax sale must be filed in land title office [§52.181]
- 657 Owners must be given notice of tax sale and redemption period [§52.182]
- 658 Assessment and taxes during redemption period [§52.183]
- 660 Redemption by owner [§52.184]
- 662 Notice of redemption to be filed in land title office [§52.185]
- 663 Registration of tax sale purchaser as owner [§52.186]
- 664 Refusal of registration [§52.187]
- 665 Effect of tax sale on rights of owners [§52.188]
- 666 Action by owner to have tax sale set aside [§52.189]
- 667 Court may reinstate taxes if sale set aside [§52.190]
- 668 Council authority to cancel sale in case of error [§52.191]
- 669 Restrictions on legal actions in relation to tax sale [§52.192]
- 671 Procedure if purchaser under agreement for sale defaults [§52.193]
- Part 17—Improvement Districts
- Overview of Part 17 [§52.194]
- Schedule—Definitions and Other Interpretation Matters
- 1 Definitions [§52.195]
- 2 Application of Community Charter definitions [§52.196]
- 4 [Repealed] [§52.197]
- 5 Application of Escheat Act [§52.198]
- Municipal Replotting Act, R.S.B.C. 2016, c. 1 [§52.199]
- Appendix 1 [§52.201]
- Appendix 2 [§52.203]
-
Partition of Property Act, R.S.B.C. 1996, c. 347
- Overview of the Partition of Property Act [§53.1]
-
Legislation and Commentary [§53.2]
- 1 Definitions [§53.3]
- 2 Parties may be compelled to partition or sell land [§53.4]
- 3 Pleadings [§53.5]
- 4 Parties to proceeding and persons entitled to notice [§53.6]
- 5 Proceedings if parties cannot be served [§53.7]
- 6 Sale of property where majority requests [§53.8]
- 7 Sale in place of partition [§53.9]
- 8 Purchase of share of person applying for sale [§53.10]
- 9 Persons under disability [§53.11]
- 10 Court may allow interested parties to bid [§53.12]
- 11 Money arising from sale subject to court order [§53.13]
- 12 Application of money without court order [§53.14]
- 13 Investment of money [§53.15]
- 14 Interests of persons if service of notice dispensed with [§53.16]
- 15 Abatement in favour of parties previously excluded [§53.17]
- 16 Costs [§53.18]
- 17 Application of Land Title Act [§53.19]
-
Perpetuity Act, R.S.B.C. 1996, c. 358
- Overview of the Perpetuity Act [§54.1]
-
Legislation and Commentary [§54.2]
- 1 Definitions [§54.3]
- 2 Application of Act [§54.4]
- 3 Application of remedial provisions [§54.5]
- 4 Rules not applicable to benefit trusts [§54.6]
- 5 Application to the government [§54.7]
- 6 Rule against perpetuities [§54.8]
- 7 Eighty year perpetuity period permitted [§54.9]
- 8 Possibility of vesting beyond period [§54.10]
- 9 Presumption of validity [§54.11]
- 10 Determination of perpetuity period [§54.12]
- 11 Reduction of age [§54.13]
- 12 Exclusion of class members to avoid remoteness [§54.14]
- 13 General cy pres provision [§54.15]
- 14 Presumptions and evidence as to future parenthood [§54.16]
- 15 Application to court to determine validity [§54.17]
- 16 Interim income [§54.18]
- 17 Saving provision and acceleration of expectant interests [§54.19]
- 18 Powers of appointment [§54.20]
- 19 Administrative powers of trustees [§54.21]
- 20 Options to acquire reversionary interests [§54.22]
- 21 Commercial transactions [§54.23]
- 22 Easements, profits-à-prendre [§54.24]
- 23 Possibilities of reverter and conditions subsequent [§54.25]
- 24 Specific noncharitable trusts [§54.26]
- 25 Accumulations of income [§54.27]
-
Personal Property Security Act, R.S.B.C. 1996, c. 359
- Overview of the Personal Property Security Act [§55.1]
-
Legislation and Commentary [§55.2]
- Part 1—Interpretation and Application
- 1 Definitions and interpretation [§55.3]
- 2 Scope of Act: security interests [§55.4]
- 4 Exclusions from scope of Act [§55.5]
- Part 3—Perfection and Priorities
- 36 Security interests in fixtures [§55.6]
- 37 Security interests in crops [§55.7]
- Part 4—Registration
- 49 Registration in land title office [§55.8]
- Part 6—Miscellaneous
- 72 Service of statements, notices and demands [§55.9]
- 74 Conflicts with specific legislation [§55.10]
- 77 Transition: applicable law [§55.11]
-
Property Law Act, R.S.B.C. 1996, c. 377
- Overview of the Property Law Act [§56.1]
-
Legislation and Commentary [§56.2]
- 1 Definitions [§56.3]
- 2 Rights in completing sale of land [§56.4]
- 3 Summary application to court [§56.5]
- 4 Vendor to deliver registrable instrument [§56.6]
- 5 Transferor to deliver registrable instrument [§56.7]
- 6 Vendor or transferor to register own title [§56.8]
- 7 Transferor to provide registrable description [§56.9]
- 8 Disposition of interests and rights [§56.10]
- 9 Right of first refusal [§56.11]
- 10 Certain interests prohibited or permitted [§56.12]
- 11 Tenancy in common [§56.13]
- 12 Spouses separate [§56.14]
- 13 Remedy of co-owner [§56.15]
- 13.1 Actions of account [§56.16]
- 14 Court may order lien and sale [§56.17]
- 15 Transfer of land by instrument [§56.18]
- 16 Execution without seal [§56.19]
- 17 Interpretation of an instrument [§56.20]
- 18 Rules for transfer and ownership to oneself [§56.21]
- 19 Words of transfer [§56.22]
- 20 Definitions [§56.23]
- 21 Implied covenant in a mortgage or agreement for sale [§56.24]
- 22 Direct action against current owner [§56.25]
- 23 Extinguishment of liability under the personal covenant [§56.26]
- 24 No personal liability if new purchaser approved by lender [§56.27]
- 25 Benefit of restrictive covenant [§56.28]
- 26 Power to subdivide and dedicate [§56.29]
- 27 Attorney cannot sell to self [§56.30]
- 27.1 Validity of sale, transfer or charge by attorney to self [§56.31]
- 28 Further advances by mortgagee [§56.32]
- 29 Mortgage subject to registered interests [§56.33]
- 30 Effect of mortgage by purchaser [§56.34]
- 31 Consolidation of mortgages [§56.35]
- 32 Enforcement of personal covenant [§56.36]
- 33 Statement from mortgagee [§56.37]
- 34 Right to enter and repair [§56.38]
- 35 Court may modify or cancel charges [§56.39]
- 36 Encroachment on adjoining land [§56.40]
- 37 Damages for loss of bargain due to defective title [§56.41]
- 38 Effect of merger on subleases [§56.42]
- 39 Citizenship [§56.43]
- 40 Vendor disclosure [§56.44]
- 41 Regulations for section 40 [§56.45]
- 42 Residential real estate—right of rescission [§56.46]
- 43 Regulations for section 42 [§56.47]
- 44 First Nations [§56.48]
-
Property Transfer Tax Act, R.S.B.C. 1996, c. 378
- Overview of the Property Transfer Tax Act [§57.1]
-
Legislation and Commentary [§57.2]
- 1 Definitions and interpretation [§57.3]
- 1.1 Fair market value of land with industrial improvements [§57.4]
- 1.2 Fair market value of property subject to certain interests [§57.5]
- 1.3 Fair market value if improvement on more than one parcel [§57.6]
- 1.4 Proposed strata lots—determination of fair market value [§57.7]
- 2 General tax imposed [§57.8]
- 2.001 Additional tax imposed—anti-avoidance rule [§57.9]
- 2.01 Definitions in relation to additional tax imposed [§57.10]
- 2.02 Additional tax imposed [§57.11]
- 2.03 Additional tax imposed—calculation of tax if transaction includes non-residential property [§57.12]
- 2.04 Renumbered [§57.13]
- 2.1 Nisga’a exemption [§57.14]
- 2.2 Treaty first nation exemption [§57.15]
- 3 Rate of tax [§57.16]
- 3.01 Tax on residential property exceeding $3 million [§57.17]
- 3.1 Tax payable on registration of correcting transaction [§57.18]
- 4 Definitions in relation to first time home buyers’ program [§57.19]
- 4.1 Fair market value—property transferred by Habitat for Humanity [§57.20]
- 5 First time home buyers’ exemption [§57.21]
- 6 First time home buyers’ partial exemption [§57.22]
- 7 First time home buyers’ refund [§57.23]
- 8 First time home buyers’ program—obligations of transferee [§57.24]
- 9 First time home buyers’ program—unqualified transferee [§57.25]
- 10 First time home buyers’ exemption or refund retained [§57.26]
- 11 Lien for amount of exemption, refund or credit [§57.27]
- 12.01 Definitions in relation to new housing program [§57.28]
- 12.02 New housing exemption [§57.29]
- 12.03 New housing partial exemption [§57.30]
- 12.04 New housing refund if property contains residential improvement on registration date [§57.31]
- 12.05 New housing program—obligation of transferee if property contains residential improvement on registration date [§57.32]
- 12.06 New housing refund if property does not contain residential improvement on registration date [§57.33]
- 12.07 New housing program—unqualified transferee [§57.34]
- 12.08 New housing exemption or refund retained [§57.35]
- 12.09 Definitions for sections 12.09 to 12.12 [§57.36]
- 12.10 Transferee must not apply for both first time home buyers’ exemption or refund and new housing exemption or refund [§57.37]
- 12.11 Application to cancel first time home buyers’ application and obtain new housing credit [§57.38]
- 12.12 Application to cancel new housing application and obtain first time home buyers’ credit [§57.39]
- 12.13 Additional information to be included in return [§57.40]
- 12.14 Ministerial regulation-making power [§57.41]
- 13 Certifying the return [§57.42]
- 13.1 Electronic returns [§57.43]
- 13.2 Evidence of electronic returns [§57.44]
- 14 Exemptions [§57.45]
- 15 Partial exemption for certain residential transfers [§57.46]
- 16 Exemption for land subject to conservation covenant [§57.47]
- 26 Summary proceedings without action [§57.48]
- 28 Lien on land for taxes [§57.49]
- 32 Information sharing [§57.50]
- 32.1 Information-sharing agreements [§57.51]
- 32.2 Repealed [§57.52]
- 33 Access to records [§57.53]
- 34 Offences [§57.54]
- 34.01 Offences in relation to confidential information [§57.55]
- 34.1 Offences in relation to electronic returns [§57.56]
- 34.2 Administrative penalties [§57.57]
- 37 Power to make regulations [§57.58]
- 37.1 Regulations by the minister [§57.59]
GENERAL EFFECT ON LAND TITLE PRACTICE
The Municipal Replotting Act deals with replotting schemes. Replotting schemes are normally undertaken to resolve survey issues. The process begins when a municipal council defines a part of the municipality as a district for the purpose of replotting. The entire district forms one common mass of real property from which land is taken as necessary for highways, parks, and public squares, with the remainder divided into new parcels for allotment to the former owners of the land incorporated in the district.
After council obtains approval of a proposed replotting scheme from the owners of the required percentage of the land in the district, the council may by resolution authorize the initiation of the scheme and then initiate it by filing the resolution and plans in the land title office. Notice of the scheme is endorsed on the title of parcels situated in the district pursuant to s. 12 of the Municipal Replotting Act, and the council has four months within which to elect, by resolution, whether to complete or discontinue the replotting in accordance with s. 14. If the council elects to discontinue the replotting, the municipal corporate officer must file a certified copy of the resolution to discontinue, and the registrar must then cancel the notice endorsed on the titles of the parcels in the district. If the council elects to proceed, application must be made by the municipality to have title to the common mass of property registered in the name of the municipality in trust for the owners of the new parcels. The application package must include a subdivision plan defining the new parcels, and upon deposit of the subdivision plan the new parcels vest in their respective individual owners. The municipality must make application for the registration of the titles to the new parcels on behalf of the owners.
PRACTICE
Initiation of Replotting Scheme at Land Title Office: Section 12
Submissions
On the Form 17 Charge, Notation or Filing, select Nature of Interest, Scheme of Replotting, and attach an image of the certified copy of the council resolution and copies of the plans referenced in s. 8(2)(a) of the Municipal Replotting Act.
The following copies of plans that have been sent to the owners of parcels in the district under s. 8(2)(a) of the Act are attached to the electronic Form 17:
- a copy of the plan of the real property affected by the scheme showing the land as it is presently subdivided; and
- a copy of the plan of the real property affected by the scheme showing the land as if the replotting scheme were in effect.
Examination of Initiation Package
On receipt of the material referred to above, the registrar examines the package for completeness. Specifically, the plan showing the land as presently subdivided must be sufficient for the registrar to identify all of the freehold titles, roads, parks, and public squares affected by the replotting scheme. Where there is doubt, the issue should be referred to the municipality for resolution.
Replotting schemes are normally undertaken to resolve survey issues in the area. In these circumstances, the plan of the land as presently subdivided may not be completely consistent with plans already on deposit in the land title office. Because the object of the initiation procedure in the land title office is to identify all of the titles affected by the scheme, the examination process need only be concerned with this issue.
Endorsement of Initiation
Once the registrar is satisfied that the initiation package identifies all of the titles, roads, parks, and public squares affected by the scheme, the registrar endorses, by legal notation, a memorandum of the filing on each title affected in accordance with s. 12(2).
Once the endorsement is made, the scheme is initiated and the municipality has four months from that date to elect either to discontinue the scheme or to authorize completion in accordance with s. 14. If the municipality does neither, the registrar may effect a cancellation of the endorsement on their own initiative. In these circumstances, a request by the owner is referred to the registrar, who, without fee, cancels the initiation endorsement.
Discontinuance
If, within four months of the filing date of the initiation package, the municipality, by resolution of council under s. 14 of this Act, elects not to proceed with the replotting, it may file a certified copy of the resolution in the land title office. The certificate must be issued by the municipal corporate officer under the seal of the municipality under s. 15. Application may be made by letter to the registrar requesting that the resolution be filed and the legal notation regarding the scheme be cancelled. The registrar must cancel the legal notation in accordance with s. 15.
Submissions
On the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Scheme of Replotting, and attach an image of the certified copy of the council resolution.
Completion
Application to Register Title to Common Mass
If the municipality, by resolution of the council under s. 14, elects to complete the replotting, it must, within four months of the filing of the initiation package, apply for registration of title to the “common mass”, being all of the land affected by the replotting scheme.
Submissions
On the Form 17 Fee Simple, select Nature of Interest, Application to Register Title to Common Mass, and attach an image of a certified copy of the council resolution.
The application must include, in the following order:
- an electronic reference plan defining the common mass and an electronic plan application;
- an electronic declaration, with a certificate signed by the municipal corporate officer attached as a supporting document, setting out the information required under s. 16(3);
- an electronic subdivision plan of the common mass to effect the replotting, together with an electronic application; and
- fees payable under s. 41.
Completion of the Certificate by the Municipal Corporate Officer: Section 16(3)
Provisos Set Out in Crown Grant: Any provisos set out in the Crown grant should go in the fifth column of the certificate.
Mineral Rights: A reservation of mineral rights should, if registered as a charge on the old title, be in the fourth column of the certificate. Provisos should go in the fifth column of the certificate.
Non-Money Charges: Where there is an easement, right of way, proviso (such as one providing that no compensation is payable to an owner should flooding occur), mineral claim, or the like, the registrar enters the charge on the appropriate title.
Vesting and Registration of the Common Mass
On being satisfied that the reference plan is in order, the registrar is required to register a title to the common mass in the name of the municipality in trust for the owners of the new parcels. The title is registered on the basis of the reference plan.
Because s. 18 operates to vest the common mass in the municipality, as trustee, free of all charges registered against the former parcels, and to extinguish all highways, parks, and public squares, the owner name segment of the new title is shown as follows:
MUNICIPALITY/CITY OF [NAME], IN TRUST PURSUANT TO S. 16(1) OF THE MUNICIPAL REPLOTTING ACT
The reference number is the running serial number assigned to the certificate referred to in s. 16(2)(b).
Section 18 does not obviate the duty of the registrar to find a good safe holding and marketable title in the name of the municipality. While the legal validity is supplied by s. 18, the registrar must be satisfied that the statutory requirements have been met and that all issues of description have been resolved to the registrar’s satisfaction.
Examination of Subdivision Plan
On registration of title to the common mass, the registrar may proceed to examine the subdivision plan. However, any obvious defects should be resolved before registration of the new title in order to ensure that the entire package can be registered. The subdivision plan is subject to examination under Part 7 of the Land Title Act and the approval of the approving officer must be endorsed on the plan. Also note that the subdivision plan must bear the title “prepared under the replotting provisions of the Municipal Replotting Act” in accordance with s. 16(2).
Vesting and Registration of New Titles
A deposit of the subdivision plan operates to vest the respective new parcels in persons named in column 3 of the certificate prepared under s. 16(3) and to vest the interests less than the fee simple in the persons named in column 4 subject to any claims shown in column 5. The municipality must make the application under s. 20 for registration of the new titles on behalf of the owners or, if an owner is deceased, the owner’s personal representative. Any outstanding duplicate title to a former parcel must be surrendered as a condition of registration at this time.
Submissions
On the Form 17 Fee Simple, select Nature of Interest, Replotting Scheme—Transfer from Trustee, and attach an image of the certificate and schedule required by s. 16(3). It is recommended that the user attach the certificate and schedule to the first application and reference the first application in all subsequent applications rather than reattaching the image to each application as the scanned multiple-pages file can get to be a sizeable proportion affecting the upload in EFS.
Security Interests in Fixtures
Where a notice under s. 49 of the Personal Property Security Act is filed against the title to a former parcel, it is necessary to establish the location of the fixture before carrying the endorsement forward on the new title. A letter from the surveyor or the municipal corporate officer confirming the location is satisfactory.