Section 5 (2) BEFORE amended by BC Reg 91/2024, effective April 30, 2024.
(2) A landlord must not charge the fee described in paragraph (1) (d) unless the tenancy agreement provides for that fee.
Section 7 BEFORE (a) and (c) were amended and (b) was repealed by BC Reg 254/2015, effective January 1, 2016.
Fee for starting application for dispute resolution
7 For the purposes of section 52 (2) (c) of the Act [starting dispute resolution], an applicant for dispute resolution must pay the following fees:
(a) for an application for a rent increase above the regulated limit, $200 plus $5 for each manufactured home site, to a maximum of $500;
(b) for a monetary application if the amount sought is in excess of $5 000, $100;
(c) for any other application, $50.
[am. B.C. Reg. 234/2006, s. 1.]
Section 9 (3) BEFORE repealed by BC Reg 278/2016, effective December 2, 2016.
(3) For the purposes of section 58 (3) of the Act [payment to landlord], interest is payable at the rate of 4.5% below the prime lending rate of the principal banker to the Province on the first day of each calendar year, compounded annually, on any trust account that remains open for a period longer than one year.
Section 20 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) A member of a park committee other than the landlord or the landlord's nominated representative may be removed for cause by the unanimous agreement of all of the remaining members of the park committee before the expiry of his or her term of office.
Section 23 (3) (d) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(d) advise that the landlord or tenant may vote by returning the enclosed ballot to the park committee indicating whether he or she is in favour of or against the proposal,
Section 29 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) Prior to a person's entering into a tenancy agreement with a landlord, the landlord must disclose in writing to that person all rules in effect at the time of his or her entering into the tenancy agreement.
Section 29 BEFORE re-enacted by BC Reg 91/2024, effective April 30, 2024.
Disclosure
29 (1) Prior to a person's entering into a tenancy agreement with a landlord, the landlord must disclose in writing to that person all rules in effect at the time of the person's entering into the tenancy agreement.
(2) Subsequent to a tenant's entering into a tenancy agreement with a landlord, the landlord must give notice in writing to that tenant of any rule at least two weeks before the rule becomes effective.
[am. B.C. Reg. 64/2021, s. 3.]
Section 30 (1) (part), (2) and (3) (part) BEFORE amended by BC Reg 91/2024, effective April 30, 2024.
(1) The park committee or, if there is no park committee, the landlord, may establish, change or repeal a rule if it is reasonable in the circumstances and if the rule has one of the following effects:
(2) If there is a park committee, the rules must be established, changed or repealed according to the procedure set out in sections 22 [park committee decisions] and 23 [vote by landlord and tenants].
(3) A rule established, or the effect of a change or repeal of a rule changed or repealed, pursuant to subsection (1) is enforceable against a tenant only if
Section 30 (2.1) and (2.2) were added by BC Reg 91/2024, effective April 30, 2024.
Section 30 (3) (c) BEFORE amended by BC Reg 91/2024, effective April 30, 2024.
(c) notice of the rule is given to the tenant in accordance with section 29 [disclosure], and
Section 32 (2) BEFORE amended by BC Reg 184/2018, effective September 26, 2018.
(2) For the purposes of section 36 (1) of the Act, a landlord may impose a rent increase that is no greater than the amount calculated as follows:
| inflation rate + 2 percent + proportional amount. |
Section 32 (2), (4) and (5) BEFORE repealed by BC Reg 184/2022, effective September 9, 2022.
(2) For the purposes of section 36 (1) (a) of the Act, in relation to a rent increase with an effective date on or before December 31, 2018, a landlord may impose a rent increase that is no greater than the amount calculated as follows:
| inflation rate + 2% + proportional amount. |
(a) given notice under section 35 of the Act for a rent increase with an effective date on or after January 1, 2019 before subsection (3) comes into force, and
(b) included in the notice a rent increase in an amount calculated in accordance with subsection (2) of this section,
the landlord must give a second notice, before the effective date in the notice described in paragraph (a), of the rent increase in an amount calculated in accordance with subsection (3) of this section.
(5) For certainty, the notice period in section 35 (2) of the Act does not apply to the second notice required under subsection (4) of this section.
Section 32.1 BEFORE repealed by BC Reg 481/2003, effective January 1, 2024.
Rent increase — 2023
32.1 (1) Despite section 32, this section applies to a rent increase with an effective date on or after January 1, 2023 and before January 1, 2024.
(2) The definitions in section 32 (1) apply to this section.
(3) For the purposes of section 36 (1) (a) of the Act, in relation to a rent increase with an effective date on or after January 1, 2023 and before January 1, 2024, a landlord may impose a rent increase that is no greater than 2% plus the proportional amount.
(a) before September 9, 2022 given notice under section 35 of the Act for a rent increase with an effective date on or after January 1, 2023 and before January 1, 2024, and
(b) included in the notice a rent increase in an amount calculated in accordance with section 32 of this regulation,
the landlord must give a second notice, before the effective date of the rent increase in the notice described in paragraph (a) of this subsection, of the rent increase in the applicable amount calculated in accordance with subsection (3) of this section.
(5) For certainty, the notice period in section 35 (2) of the Act does not apply to the second notice required under subsection (4) of this section.
(6) This section is repealed on January 1, 2024.
[en. B.C. Reg. 184/2022, Sch. 1, s. 2.]
Section 32.2 BEFORE self-repealed by BC Reg 481/2003, effective January 1, 2025.
Rent increase — 2024
32.2 (1) Despite section 32, this section applies to a rent increase with an effective date on or after January 1, 2024 and before January 1, 2025.
(2) The definitions in section 32 (1) apply to this section.
(3) For the purposes of section 36 (1) (a) of the Act, in relation to a rent increase with an effective date on or after January 1, 2024 and before January 1, 2025, a landlord may impose a rent increase that is no greater than 3.5% plus the proportional amount.
(a) before September 11, 2023 given notice under section 35 of the Act for a rent increase with an effective date on or after January 1, 2024 and before January 1, 2025, and
(b) included in the notice a rent increase in the applicable amount calculated in accordance with section 32 of this regulation,
the landlord must give a second notice, before the effective date of the rent increase in the notice described in paragraph (a) of this subsection, of the rent increase in the applicable amount calculated in accordance with subsection (3) of this section.
(5) For certainty, the notice period in section 35 (2) of the Act does not apply to the second notice required under subsection (4) of this section.
(6) This section is repealed on January 1, 2025.
[en. B.C. Reg. 207/2023, Sch. 1.]
Section 33 (1) (a) BEFORE repealed by BC Reg 225/2017, effective December 11, 2017.
(a) after the rent increase allowed under section 32 [annual rent increase], the rent for the manufactured home site is significantly lower than the rent payable for other manufactured home sites that are similar to, and in the same geographic area as, the manufactured home site;
Section 33 (2) BEFORE amended by BC Reg 91/2024, effective April 30, 2024.
(2) If the landlord applies for an increase under paragraph (1) (b), (c), or (d), the landlord must make a single application to increase the rent for all sites in the manufactured home park by an equal percentage.
Section 34 (1) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) the tenant leaves the personal property on a manufactured home site that he or she has vacated after the tenancy agreement has ended, or
Section 34 (1) (b) (i) and (ii) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(i) that, for a continuous period of one month, the tenant has not ordinarily occupied and for which he or she has not paid rent, or
(ii) from which the tenant has removed substantially all of his or her personal property.
Section 34 (2) (part) BEFORE amended by BC Reg 91/2024, effective April 30, 2024.
(2) The landlord is entitled to consider the circumstances described in paragraph (1) (b) as abandonment only if
Section 36 (1) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) If a tenant claims his or her personal property at any time before it is disposed of under section 35 or 39 [disposal of personal property], the landlord may, before returning the property, require the tenant to
Section 36 (1) (a) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) reimburse the landlord for his or her reasonable costs of
Section 39 (7) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.
(7) A landlord of a manufactured home site who sells an abandoned manufactured home under this Part must, on request of the purchaser, provide the purchaser with an affidavit in the form of the Appendix.
Section 39 (7) BEFORE amended by BC Reg 109/2018, effective June 6, 2018.
(7) A landlord of a manufactured home site who sells an abandoned manufactured home under this Part must, on request of the purchaser, provide the purchaser with a signed statement in the form of the Appendix.
Section 39 (2) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) a person claiming an interest in the property has made an application under subsection (8) or has brought an action to establish his or her interest in or right to possession of the property and the landlord has been notified of the application or action.
Section 39 (3) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(3) If a landlord disposes of personal property under subsection (2), he or she may retain proceeds of the sale sufficient to
Section 39 (3) (a) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) reimburse the landlord for his or her reasonable costs of
Part 6 BEFORE re-enacted by BC Reg 50/2025, effective April 9, 2025.
Part 6 — Abandonment of Personal Property
Abandonment of personal property
34 (1) A landlord may consider that a tenant has abandoned personal property if
(a) the tenant leaves the personal property on a manufactured home site that the tenant has vacated after the tenancy agreement has ended, or
(b) subject to subsection (2), the tenant leaves the personal property on a manufactured home site
(i) that, for a continuous period of one month, the tenant has not ordinarily occupied and for which the tenant has not paid rent, or
(ii) from which the tenant has removed substantially all of the tenant's personal property.
(2) The landlord is entitled to consider the circumstances described in subsection (1) (b) as abandonment only if
(a) the landlord receives an express oral or written notice of the tenant's intention not to return to the manufactured home site, or
(b) the circumstances surrounding the giving up of the manufactured home site are such that the tenant could not reasonably be expected to return to the manufactured home site.
(3) If personal property is abandoned as described in subsections (1) and (2), the landlord may remove the personal property from the manufactured home site, and on removal must deal with it in accordance with this Part.
(4) Subsection (3) does not apply if a landlord and tenant have made an express agreement to the contrary respecting the storage of personal property.
[am. B.C. Regs. 64/2021, ss. 2 and 3; 91/2024, s. 1.]
Landlord's obligations
(a) store the tenant's personal property in a safe place and manner for a period of not less than 60 days following the date of removal,
(b) keep a written inventory of the property,
(c) keep particulars of the disposition of the property for 2 years following the date of disposition, and
(d) advise a tenant or a tenant's representative who requests the information either that the property is stored or that it has been disposed of.
(2) Despite paragraph (1) (a), the landlord may dispose of the property in a commercially reasonable manner if the landlord reasonably believes that
(a) the property has a total market value of less than $500,
(b) the cost of removing, storing and selling the property would be more than the proceeds of its sale, or
(c) the storage of the property would be unsanitary or unsafe.
(3) A court may, on application, determine the value of the property for the purposes of subsection (2).
Tenant's claim for abandoned property
36 (1) If a tenant claims the tenant's personal property at any time before it is disposed of under section 35 or 39 [disposal of personal property], the landlord may, before returning the property, require the tenant to
(a) reimburse the landlord for the landlord's reasonable costs of
(i) removing and storing the property, and
(ii) a search required to comply with section 37 [notice of disposition], and
(b) satisfy any amounts payable by the tenant to the landlord under this Act or a tenancy agreement.
(2) If a tenant makes a claim under subsection (1), but does not pay the landlord the amount owed, the landlord may dispose of the property as provided by this Part.
[am. B.C. Reg. 64/2021, ss. 3 and 8.]
Notice of disposition
37 (1) For the purposes of this section:
"financing statement" has the same meaning as in the Personal Property Security Act;
"security interest" has the same meaning as in the Personal Property Security Act;
"serial number" has the same meaning as in section 10 [collateral described by serial number] of the Personal Property Security Regulation made under the Personal Property Security Act.
(2) Not less than 30 days before disposing of an item of personal property referred to in section 34 [abandonment of personal property], the landlord must
(a) give notice of disposition to any person who
(i) has registered a financing statement in the Personal Property Registry using the name of the tenant or the serial number of the property,
(ii) is registered as an owner of a manufactured home in the Manufactured Home Registry, if the property is a manufactured home, and
(iii) to the knowledge of the landlord, claims an interest in the property, and
(b) publish the notice in a newspaper published in the area in which the manufactured home site is situated.
(3) The notice referred to in subsection (2) must contain
(b) a description of the property to be sold,
(c) the address of the manufactured home site,
(d) the address where the property is being stored, if other than the address referred to in paragraph (c),
(e) the name and address of the landlord, and
(f) a statement that the landlord will dispose of the property unless the person being notified takes possession of the property, establishes a right to possession of it or makes an application to the court to establish such a right within 30 days from the date the notice is served on that person.
(4) The notice referred to in subsection (2) must be given in accordance with section 72 [service of statements, notices and demands] of the Personal Property Security Act.
Holder of a security interest
38 (1) When a notice referred to in section 37 (2) has been served on a person who holds a security interest, the tenant is deemed to be in default of the obligation secured.
(2) Before taking possession of the property, the person who holds a security interest must pay to the landlord moving and storage charges incurred by the landlord under this Part.
Disposal of personal property
39 (1) For the purposes of this section, "administrator" has the same meaning as in the Unclaimed Property Act.
(2) If a landlord has complied with section 35 [landlord's obligations], the landlord may dispose of the property in a commercially reasonable manner unless, during the 60 days referred to in that section,
(a) a person referred to in section 37 (2) [person entitled to notice of disposition] who has been given a notice as provided in that section has taken or demanded possession of the property,
(b) a person who holds a security interest in the property has taken or demanded possession of the property, or
(c) a person claiming an interest in the property has made an application under subsection (8) or has brought an action to establish the person's interest in or right to possession of the property and the landlord has been notified of the application or action.
(3) If a landlord disposes of personal property under subsection (2), the landlord may retain proceeds of the sale sufficient to
(a) reimburse the landlord for the landlord's reasonable costs of
(i) removing, storing, advertising and disposing of the property, and
(ii) a search required to comply with section 37 [notice of disposition], and
(b) satisfy any amounts payable by the tenant to the landlord under this Act or a tenancy agreement.
(3.1) If the proceeds from disposing of a manufactured home abandoned by a tenant are not sufficient to reimburse the landlord for the cost of disposition or satisfy any other amount payable by the tenant to the landlord in accordance with subsection (3), subject to subsection (3.2), the landlord may not claim reimbursement from the tenant in the circumstances described in section 33.2 (a).
(3.2) Subsection (3.1) does not apply if the tenant owes rent or fees to the landlord under the tenancy agreement.
(4) If any amount remains after payments are made under subsection (3), the landlord must pay the balance to the administrator, who must follow the procedure for an unclaimed money deposit set out in the Unclaimed Property Act.
(5) If a landlord pays money to the administrator under this section, the landlord must give the administrator a copy of the inventory of the personal property disposed of and written particulars of the disposition.
(6) The purchaser of personal property disposed of in accordance with this Part acquires a marketable title free of all encumbrances on payment of the taxes owing in relation to the personal property or the sale.
(7) A landlord of a manufactured home site who sells an abandoned manufactured home under this Part must, on request of the purchaser, provide the purchaser with a signed statement.
(8) On the application of an interested person, a court may make an order
(a) prohibiting or postponing disposition of the property under this section on any conditions the court considers appropriate,
(b) determining the right of a person claiming an interest in or right to possession of the property or the right of the landlord to dispose of it, or
(c) that an action be brought or an issue be tried.
[am. B.C. Regs. 234/2006, s. 7; 50/2016, s. 3; 109/2018, Sch., s. 2; 64/2021, ss. 2 and 3.]
Landlord's duty of care
40 When dealing with a tenant's personal property under this Part, a landlord must exercise reasonable care and caution required by the nature of the property and the circumstances to ensure that the property does not deteriorate and is not damaged, lost or stolen as a result of an inappropriate method of removal or an unsuitable place of storage.
Section 44 (3) (k) (iv) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(iv) the proposed purchaser's signed statement that he or she has been informed of and agrees to comply with
Section 45 (2) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) If a landlord withholds his or her consent for the home owner to assign or sublet, the landlord's response must indicate
Section 45 (2) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) the grounds under section 48 [grounds for withholding consent] on which he or she is withholding consent, and
Section 45 (3) BEFORE amended by BC Reg 91/2024, effective April 30, 2024.
(3) The landlord and home owner may agree in writing to extend the time for response under paragraph (1) (c) to a specific date.
Section 46 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) The home owner is entitled to consider that consent is deemed to have been given under paragraph (1) (a) if he or she can demonstrate that the request on the landlord was served in accordance with section 81 of the Act [service of documents].
Section 46 (2) BEFORE amended by BC Reg 91/2024, effective April 30, 2024.
(2) The home owner is entitled to consider that consent is deemed to have been given under paragraph (1) (a) if the home owner can demonstrate that the request on the landlord was served in accordance with section 81 [service of documents] of the Act.
Section 47 (2) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) the grounds under section 48 on which he or she is withholding consent, and
Section 48 (g) (i) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(i) promptly advised the home owner of his or her inability to contact one or more of those references, and
Section 49 (2) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) After an assignment takes effect, the former homeowner
Section 49 (2) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) may enforce his or her rights as a tenant under the Act or the tenancy agreement relating to the period before the assignment.
Section 59 BEFORE amended by BC Reg 227/2024, effective July 15, 2024.
Other means of giving or serving documents
59 (1) For the purposes of section 81 (j) [how to give or serve documents generally] of the Act, the documents described in section 81 of the Act may be given to or served on a person by emailing a copy to an email address provided as an address for service by the person.
(2) For the purposes of section 82 (1) (f) [special rules for certain documents] of the Act, the documents described in section 82 (1) of the Act may be given to a person by emailing a copy to an email address provided as an address for service by the person.
(3) For the purposes of section 82 (2) (f) of the Act, the documents described in section 82 (2) of the Act may be given to a tenant by emailing a copy to an email address provided as an address for service by the tenant.
[en. B.C. Reg. 42/2021, App. 1.]
Section 59 (4) was added by BC Reg 227/2024, effective July 15, 2024.
Appendix BEFORE repealed by BC Reg 50/2016, effective September 1, 2016.
(Section 39(7))
Affidavit of Abandonment and Sale of a Manufactured Home
I, ................................................................................................................................., residing at .................................................................................................................................................................... in the Province of British Columbia, MAKE OATH AND SAY AS FOLLOWS:
1 I am the landlord of ........................................................................................ manufactured home park, hereinafter referred to as "the Park".
2 A manufactured home registered in the Manufactured Home Registry under #.............., hereinafter referred to as "the manufactured home" and located on site #............... in the Park, was left in the Park by ............................................... and ............................................................, tenants of the Park, in circumstances amounting to abandonment.
3 On determining that the manufactured home had been abandoned I dealt with it pursuant to Part 6 of the Manufactured Home Park Tenancy Regulation.
4 After complying with the requirements of Part 6 of the Manufactured Home Park Tenancy Regulation, I sold the manufactured home to ......................................................... and .......................................................... on ............................., 20.......
5 This affidavit is made for the purpose of establishing that .................................................... and ...................................................... has/have acquired a marketable title to the manufactured home, free of all encumbrances.
SWORN BEFORE ME AT.......................
British Columbia this..................... day of
..................................................., 20.........
| ................................................................... A Commissioner for Taking Affidavits in British Columbia | ................................................................... Landlord |
Schedule, section 3 (1) BEFORE amended by BC Reg 223/2015, effective January 18, 2016.
(1) Any term of this tenancy agreement that prohibits, or restricts the size of, a pet or that governs the tenant's obligations regarding the keeping of a pet on the manufactured home site is subject to the rights and restrictions under the Guide Animal Act.
Schedule, section 5 (1) BEFORE amended by BC Reg 174/2021, effective July 1, 2021.
(1) Once a year the landlord may increase the rent for the existing tenant. The landlord may only increase the rent 12 months after the date that the existing rent was established with the tenant or 12 months after the date of the last legal rent increase for the tenant, even if there is a new landlord or a new tenant by way of an assignment. The landlord must use the approved Notice of Rent Increase form available from any Residential Tenancy office or Government Agent.