Interpretation

1  In this regulation:

"Act" means the Manufactured Home Act;

"bunkhouse" means a manufactured home owned or leased by an employer to provide sleeping accommodation for 2 or more employees during the term of their employment;

"deposit" means a deposit referred to in section 34 (1) (d) of the Act;

"floating home" means a structure designed to float and to provide residential, commercial or other premises;

"manufacturer" means a person who manufactures or builds manufactured homes in the ordinary course of the person's business;

"manufactured home park" means a manufactured home park as defined in the Manufactured Home Tax Act;

"modular home" means a manufactured home that complies with the standards set out in the building code established under section 692 of the Municipal Act and is not designed to be transported on its own wheels or undercarriage;

"transmission" means a change in ownership of a manufactured home

(a) effected by the operation of an enactment or law,

(b) under an order of a court,

(c) consequent on a change in the office of a personal representative or trustee,

(d) by survivorship under a joint ownership, or

(e) by a sheriff's sale under the Court Order Enforcement Act,

but does not include an amalgamation of 2 or more corporations;

"registered location" means, in reference to the location of a manufactured home, the location entered in the register;

"travel or tourist trailer" means a vehicle that is capable of being towed on its own wheels and undercarriage by a motor vehicle and is licensed or required to be licensed as a trailer under the Motor Vehicle Act for use on a highway.

[en. B.C. Reg. 359/90, s. 2.]

 Exemptions

2  (1)  The following are exempt from the definition of "manufactured home" in section 1 of the Act:

(a) floating homes;

(b) campers;

(c) travel or tourist trailers;

(c.1) park model trailers built to Canadian Standards Association standards in the CAN/CSA-Z241 series, Park Model Trailers;

(d) manufactured homes being transported in or through the Province

(i)  from a manufacturer's place of business within the Province directly to a location outside the Province, or

(ii)  from a location outside the Province directly to another location outside the Province;

(e) bunkhouses;

(f) manufactured homes used or manufactured solely for non-residential purposes.

(2)  The registrar shall not register an application under section 14 of the Act respecting a manufactured home that is exempt under this section.

[am. B.C. Regs. 116/79; 359/90, s. 2; 96/95.]

 Registrations

3  (1)  A manufactured home that, on the date this regulation comes into force, is located on land, other than land in a manufactured home park or land used by a manufactured home dealer or manufacturer in connection with his business as a manufactured home dealer or manufacturer, and that is

(a) owned by the owner of the manufactured home, or

(b) leased by the owner of the manufactured home as a tenant pursuant to a lease for a term of not less than 3 years that is registered in a land registry office

is not required to be registered under the Act

(c) so long as the manufactured home remains located on that land, or

(d) until the owner, a secured party or any person claiming under them applies to register

(i)  a transaction under section 17 of the Act, or

(ii)  to file an application for a transport permit under section 25 of the Act

respecting the manufactured home.

(2)  The registrar shall not register an application under section 14 of the Act respecting a manufactured home that is located on land of the kind described in subsection (1) unless the application is accompanied by a registerable application under section 17 of the Act or an acceptable application under section 25 of the Act.

[am. B.C. Regs. 359/90, s. 12; 453/95, s. 1.]

 Applications and forms

3.1  (1)  Repealed. [B.C. Reg. 211/97, s. 1 (a).]

(2)  The registrar may require proof in a form acceptable to the registrar of

(a) the authority of an agent,

(a.1) the name, address and occupation of a person whose name is contained on an application or an accompanying instrument or document,

(b) the registered name and registration number of a corporation named in an application or an accompanying instrument or document,

(c) the execution of an application or an accompanying instrument or document, and

(d) any information contained in an application or in an instrument or document that accompanies the application.

(3) and (4)  Repealed. [B.C. Reg. 453/95, s. 2 (a).]

(5)  The registrar is not required to determine the authenticity or accuracy of

(a) information required in an application,

(b) the signature or identity of a person named in an application or an instrument or document accompanying an application, or

(c) an instrument or document submitted with an application.

(6)  The registrar is not required to determine the authority or capacity of a person purporting to act as an agent.

(7)  An application shall contain the address in the Province to which notices may be delivered in accordance with the Act.

(8)  An application for registration of a manufactured home under section 15 of the Act must be in Form 1.

(8.1)  Despite subsection (8), an applicant for registration who is the manufacturer of a manufactured home is not required to have the information provided in Form 1 declared before a Commissioner for taking Affidavits for British Columbia.

(9)  An application for registration of a transfer of a manufactured home under section 17 of the Act must be in Form 2.

(10)  An application to register a caution must be in Form 2.

(11)  An application for a transport permit under section 25 of the Act must be in Form 3.

(11.1)  If the location of a manufactured home, as stated in an application, differs from the location of the manufactured home as recorded in the registry, the registrar may require the person making the application

(a) to submit an application in Form 3.1 to the registrar, and

(b) to provide the registrar with any other information the registrar considers necessary.

(11.2)  An owner may apply to update the location of a manufactured home recorded in the registry

(a) by submitting an application in Form 3.1 to the registrar, and

(b) by providing the registrar with any other information the registrar considers necessary.

(11.3)  Form 3.1 is the prescribed form for the purposes of section 20 (1) (b) (i) of the Act.

(11.4)  Form 3.2 is the prescribed form for the purposes of section 29 (1) of the Act.

(12)  The registrar shall reject any application which, in his or her opinion, does not comply with the Act or regulations.

(13)  Where the Act or this regulation requires a form to be submitted to the registrar and the Act does not require the form to be prescribed, the registrar may refuse to accept the form unless it is in a format and contains information acceptable to the registrar.

(14)  The registrar may photograph or otherwise reproduce any application or document submitted to the manufactured home registry.

(15)  The registrar is not required to accept any application that purports to cover more than one manufactured home.

[en. B.C. Reg. 359/90, s. 3; am. B.C. Regs. 453/95, s. 2; 211/97, s. 1.]

 Applications

4  (1) to (5)  Repealed. [B.C. Reg. 359/90, s. 4.]

(6)  The registrar shall assign to each application, and to each instrument accompanying an application, the time and date when the application or instrument accompanying it is registered and assigned a registration number, and the time and date shall for purposes of priority among purchasers, secured parties, transferees, and others, and for the purpose of the Act, be conclusively deemed to be the time when the application or the application and the instrument accompanying it was registered.

(7)  Where an application is made to register an instrument, and the name of a party to it is not identical to the name entered in the register, the registrar shall not accept the instrument for registration unless the applicant files with the registrar proof, in form satisfactory to him, that the party to the instrument and the person entered in the register are the same person.

(8)  In order to facilitate the computerization of the manufactured home registry and registration system, the registrar may assign a new registration number to a manufactured home that is currently registered.

[am. B.C. Regs. 359/90, s. 4; 453/95, s. 3.]

 Repealed

5-6  Repealed. [B.C. Reg. 359/90, s. 5.]

 Applications for transfer

6.1  (1)  An application under section 17 of the Act for a transfer must be accompanied by

(a) the instrument of transfer or a true copy of it, and

(b) an affidavit, or a true copy of it, of a person who witnessed the execution of the instrument referred to in paragraph (a), which affidavit shall

(i)  contain a statement that the witness witnessed the execution of the instrument,

(ii)  identify the instrument,

(iii)  give the date of the execution, and

(iv)  give the address and occupation of the witness.

(2)  Where an application under section 17 of the Act is for the registration of a transfer to a person who will be a co-owner with the transferor or to more than one person whether or not they will be co-owners with the transferor, the application must state,

(a) if the transfer is to one or more persons who are to be co-owners with the transferor, that the co-owners are tenants in common or joint tenants and, if tenants in common, the respective fractional interest held by each tenant in common, or

(b) if the transfer is to more than one transferee, whether the transferees are, in relation to each other, tenants in common or joint tenants and, if tenants in common, the respective fractional interest held by each tenant in common.

(3)  Where an application under section 17 of the Act is for the registration of a transfer by a co-owner who is a joint tenant, the application must state that the transferee is a tenant in common and state the fractional interest held by each tenant in common.

(4)  Subsection (3) does not apply where all of the co-owners are transferring their interests to a single transferee or to 2 or more transferees as joint tenants.

(5)  Where an application under section 17 of the Act is for the registration of a transfer from an owner to a lessee owner, both the owner and the lessee owner shall sign the application.

[en. B.C. Reg. 359/90, s. 6; am. B.C. Reg. 453/95, s. 4.]

 Repealed

7  Repealed. [B.C. Reg. 359/90, s. 5.]

 Change of name

7.1  On application of an owner accompanied by proof satisfactory to the registrar that the name of a person who is registered as owner of a manufactured home has been changed, the registrar shall amend the records of the registry to indicate the new name.

[en. B.C. Reg. 359/90, s. 6.]

 Repealed

8  Repealed. [B.C. Reg. 359/90, s. 5.]

 Transmission on death

8.1  (1)  Where a transmission is consequent on the death of a registered owner of a manufactured home, the personal representative of the deceased registered owner may apply in the name of the deceased by submitting with the application a certified copy of the grant of probate or letters of administration issued from the court that made or resealed the grant.

(2)  Notwithstanding subsection (1), where the fair market value of the estate is $10 000 or less an executor named in the will of the deceased registered owner may apply to be registered as owner of the manufactured home for the purposes of transferring the manufactured home to a beneficiary named in the will by submitting with the application

(a) an affidavit, in Form 4, of each executor named in the will of the deceased, and

(b) a death certificate for the deceased.

[en. B.C. Reg. 359/90, s. 6.]

 Repealed

9  Repealed. [B.C. Reg. 359/90, s. 5.]

 Surviving joint tenant

9.1  (1)  Where a manufactured home has been registered in the name of 2 or more persons as joint tenants and one of the joint tenants has died, the surviving joint tenant may apply to be registered as owner.

(2)  The application under subsection (1) must be accompanied by a death certificate issued with respect to the joint tenant who has died.

[en. B.C. Reg. 359/90, s. 6; am. B.C. Reg. 453/95, s. 5.]

 Repealed

10  Repealed. [B.C. Reg. 359/90, s. 5.]

 Transmission under Personal Property Security Act

10.1  (1)  Where an application to register a transfer of an interest in a manufactured home results from the sale of the manufactured home pursuant to the exercise of the rights of a secured party under section 55 (6) or 59 of the Personal Property Security Act, the application must be accompanied by

(a) an affidavit, in a form satisfactory to the registrar, from the secured party or receiver who caused the sale to be made, that

(i)  the secured party had, prior to the sale, a valid security interest given by the registered owner of the manufactured home, and

(ii)  the registered owner's interest in the manufactured home has been sold in compliance with section 55 (6) or section 59 of the Personal Property Security Act,

(b) a copy of the security agreement,

(c) a statement from the registrant in a form satisfactory to the registrar that the registrant was the purchaser at the sale and, as such, is entitled to be the registered owner of the manufactured home, and

(d) if a receiver has been appointed,

(i)  a notice of appointment of the receiver signed by the secured party, or

(ii)  an order of a court appointing the receiver.

(2)  Where an application to register a transfer of an interest in a manufactured home results from the operation of section 61 of the Personal Property Security Act, the application must be accompanied by

(a) a copy of the security agreement, and

(b) an affidavit by the applicant, in a form satisfactory to the registrar, that

(i)  the applicant had, prior to the exercise of his rights under section 61 of the Personal Property Security Act, a valid security interest in the manufactured home given by the registered owner of it, and

(ii)  the applicant is entitled to be the registered owner of the manufactured home as a result of the operation of section 61 of the Personal Property Security Act.

[en. B.C. Reg. 359/90, s. 6.]

 Repealed

11  Repealed. [B.C. Reg. 359/90, s. 5.]

 Transfer under court order

11.1  An application to register a transfer of an interest in a manufactured home made pursuant to a court order must be accompanied by a certified copy of the court order.

[en. B.C. Reg. 359/90, s. 6.]

 Repealed

12  Repealed. [B.C. Reg. 359/90, s. 5.]

 Transmission other than under sections 8 to 11.1

12.1  Except where a transmission is under sections 8.1 to 11.1, a person applying to register a transmission effected by the operation of an enactment or law shall apply using Form 2 and shall set out the Act or law under which the transmission occurred or which otherwise provided for the transmission.

[en. B.C. Reg. 359/90, s. 6.]

 Repealed

13-19  Repealed. [B.C. Reg. 359/90, s. 5.]

 Transport permits

20  (1) and (2)  Repealed. [B.C. Reg. 359/90, s. 7.]

(3)  On the issue of a transport permit the registrar shall enter in the register the new location described in the permit as the registered location of the manufactured home.

(4)  Where the manufactured home in respect of which a transport permit has been issued is not transported to the new location specifically described in the permit, the owner shall file a report with the registrar in Form 3.3, specifying the new location of the manufactured home or informing the registrar that the manufactured home was not moved from the prior registered location.

(5)  A report in Form 3.3 shall be filed in the manufactured home registry office

(a) within 3 days after the manufactured home was transported to the new location, or

(b) within 3 days after the expiration of the transport permit,

whichever first occurs.

(6)  The registrar, on the filing of a report in Form 3.3, shall

(a) enter in the register the reported location of the manufactured home as its registered location, and

(b) give written notice of the report to all secured parties.

[am. B.C. Regs. 359/90, ss. 7, 12; 211/97, s. 2.]

 Search requests

20.1  (1)  If a search request is made under section 11 (1) of the Act, the registrar must provide a written search result containing the following information if available in the register:

(a) the manufactured home registration number;

(b) the name and mailing address of the registered owner;

(c) the make or model of the manufactured home;

(d) the serial number of the manufactured home;

(e) the registered location of the manufactured home;

(f) the dimensions of the manufactured home;

(g) the name of the manufacturer of the manufactured home and the year of manufacture;

(h) the CSA standard to which the manufactured home was built and

(i)  the CSA approval number, or

(ii)  the identification number of the certifying engineer;

(i) the details of ownership, including whether the manufactured home is owned as joint tenants or tenants in common and, if tenants in common, the fractional interest owned by each tenant in common;

(j) the tax folio number assigned to the manufactured home;

(k) the number of sections comprising the manufactured home;

(l) notice of any interim application made under section 24 of the Act with respect to the manufactured home;

(m) any registrar's notes with respect to the manufactured home;

(n) notice of any written agreement filed under section 13 (2) (b) of the Act with respect to the manufactured home and the identity of the party filing the notice;

(o) notice of any refusal of the registrar made under section 19 (7) of the Act

(i)  to register the manufactured home or an instrument purporting to transfer property in the manufactured home, or

(ii)  to issue a transport permit with respect to the manufactured home;

(p) notice of any caution registered under section 31 (2) of the Act with respect to the manufactured home and the identity of the party filing the notice;

(q) notice of any sale of the manufactured home by a taxing authority to pay unpaid taxes and the identity of the party filing the notice;

(r) notice of any court order issued with respect to the manufactured home.

(2)  If a search request made under section 11 (1) of the Act is in respect of a manufactured home that was previously registered but is currently exempt from the Act by an order made under section 30 of the Act, the registrar must

(a) provide a written search result containing the information required by subsection (1), and

(b) provide the document registration number assigned to the exemption order and the date of the exemption.

(3)  The registrar may, in addition to or as an alternative to complying with subsection (1) or (2), make available for inspection any record on the register pertaining to the manufactured home that is the subject of the search request.

[en. B.C. Reg. 453/95, s. 6; am. B.C. Reg. 14/97, s. 1.]

 Submission of information to the manufactured home registry

20.2  (1)  Information required or permitted by the Act or this regulation to be submitted to the manufactured home registry in paper form must be set out in a manner suitable for microfilming.

(2)  Without limiting subsection (1), the registrar may require that the information referred to in that subsection be typewritten or machine printed in black ink with clear, neat and legible characters and without erasure, interlineation or alteration.

[en. B.C. Reg. 453/95, s. 6.]

 Requirement of applicants who are individuals

20.3  If the Act or this regulation requires that an application submitted to the manufactured home registry set out the name of a person who is an individual, the application must provide the name as follows:

(a) the individual's surname;

(b) the individual's first given name if the individual has a first given name;

(c) the individual's second given name if the individual has a second given name.

[en. B.C. Reg. 453/95, s. 6.]

 Exemption from s. 33 of the Act

20.4  Section 33 of the Act does not apply to a manufactured home that

(a) is registered in the name of a manufactured home dealer and the registered location is the dealer's lot or the manufacturer's lot, or

(b) is registered in the name of a manufactured home manufacturer and the registered location is the manufacturer's lot or the dealer's lot.

[en. B.C. Reg. 453/95, s. 6.]

 Verification statement

20.5  (1)  If a document is registered under the Act, the registrar may send to the submitting party, by ordinary mail, a verification statement which confirms the information registered.

(2)  If application is made for a transport permit by a person other than the person listed in the register as the registered owner of the manufactured home, the registrar may send a verification statement to the person listed in the register as the registered owner to confirm the issuance of a transport permit to the applicant.

[en. B.C. Reg. 14/97, s. 2.]

 Registration decal

21  Every owner of a manufactured home shall affix the decal issued under section 15 or 29 of the Act to a position on the manufactured home authorized by the registrar.

[am. B.C. Reg. 359/90, s. 12.]

 Pending applications

22  (1)  Where the registrar refuses an application for a registration, correction or cancellation pursuant to section 38 of the Act, he may, in such circumstances as he considers advisable, note the application in the register as a pending application and shall endorse the particulars of it, including the date and time it was received, on every certificate issued by him under section 11 of the Act.

(2)  Repealed. [B.C. Reg. 359/90, s. 8.]

(3)  Notwithstanding subsection (2), the registrar may accept a subsequent application as a pending application by noting it in the register as a pending application, and where the registrar accepts a subsequent application as a pending application he shall note the particulars of it, including the time and date it was received, on every certificate issued by him under section 11 of the Act.

[am. B.C. Reg. 359/90, s. 8.]

 Deposits

23  (1)  A collector shall not, as a condition of issuing a certificate under section 33 (2) of the Act, require the applicant to pay a deposit unless the manufactured home in respect of which the request is made has been assessed in the name of the owner separately from the land upon which it is located, and placed on the assessment roll of the taxing authority for the current year.

(2)  The deposit shall be an amount equal to

(a) the estimated amount of current year taxes that may be levied on the manufactured home, as determined by the collector, less the Provincial home owner grant, where the collector determines that the owner of the manufactured home has applied for and is entitled to a grant under the Home Owner Grant Act, or

(b) the sum of $75 or, if the taxpayer is eligible for an additional grant under that Act, the sum of $1,

whichever is the greater amount.

(3)  Interest on a deposit shall be paid or credited by the taxing authority at the rate fixed in a bylaw enacted under section 389 of the Municipal Act from the date of payment to the first tax penalty date stated in, or established by, a bylaw under section 394 of that Act.

(4)  Where it is subsequently determined that the deposit paid to the collector exceeds the difference between the total amount of taxes levied on the manufactured home and the grant under the Home Owner Grant Act, the taxing authority shall, on request, pay the excess to the person who paid the deposit.

[am. B.C. Regs. 333/81; 359/90, s. 12.]

 Receipt for deposit

24  Where a deposit has been paid to a collector under section 34 (1) of the Act, the collector shall issue a receipt for the payment, in duplicate and in a form approved by the minister, and there shall be printed on the reverse side of the duplicate receipt an application for a home owner grant in the form set out in or prescribed under the Home Owner Grant Act.

 Certificate shall be issued

25  Where a manufactured home

(a) has not been separately assessed and placed on the assessment roll of the taxing authority for the current year, or

(b) has been assessed as an improvement affixed to land

the collector shall not decline to issue a certificate under section 33 (2) of the Act.

[am. B.C. Reg. 359/90, s. 12.]

 Repealed

25.1  Repealed. [B.C. Reg. 309/93.]

 Fees

26  There shall be paid to the registrar in respect of the matters mentioned in the First Schedule the fees specified, and payment of the specified fee is a condition precedent to the registrar accepting any application or taking any action under the Act.

 Prescribed forms

27  Where the Act requires a notice, certificate or other instrument to be in a prescribed form, it shall be in writing and in one of the forms provided in the Second Schedule, or if no form or appropriate form is provided, in a form approved by the registrar.

 Abbreviated information

28  (1)  For the purposes of any registration record provided under this regulation, an abbreviation set out in column 2 of the Third Schedule may be used instead of the information set out opposite that abbreviation in column 1.

(2)  For the purposes of any information entered into the registry system computer by registry staff, an abbreviation set out in column 2 of the Third Schedule may be used instead of the information set out opposite that abbreviation in column 1.

[en. B. C. Reg. 453/95, s. 7.]