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“Point in Time” Act Content

ESCHEAT ACT

[RSBC 1996] CHAPTER 120

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
Part 1, hdgJune 14, 2006
1.1December 9, 2002
4December 9, 2002
 March 29, 2004
 March 29, 2004
[retro from March 30, 2006]
 June 14, 2006
4.1June 14, 2006
4.2July 5, 2024
5December 9, 2002
7December 9, 2002
8December 9, 2002
9March 31, 2014
10March 30, 2023
11December 9, 2002
12December 9, 2002
13December 9, 2002
 April 1, 2004
14December 9, 2002
Part 2, sections 15 to 22June 14, 2006

  Part 1, heading was enacted by 2006-11-2, effective June 14, 2006 (BC Reg 160/2006).

  Section 1.1 was enacted by 2002-63-7, effective December 9, 2002 (BC Reg 340/2002).

  Section 4 (3) BEFORE amended by 2002-63-8, effective December 9, 2002 (BC Reg 340/2002).

(3)  The Lieutenant Governor in Council must not, within 2 years from the date of the dissolution of a corporation, make any grant or other disposition of land of the corporation which escheats to the government.

  Section 4 (4) and (5) BEFORE amended by 2003-70-138(b) and (c), effective March 29, 2004 (BC Reg 64/2004).

(4)  If, within 2 years from the date of its dissolution, a corporation is revived under any Act by order of a court, the order has effect as if the land of the corporation had not escheated to the government, and, subject to the terms of the order, the land vests in the corporation.

(5)  On an application to revive a corporation made after the expiry of the 2 year period referred to in subsection (4), the Supreme Court may, if notice of the application has been served on the government, order that the land of the corporation that had escheated to the government under this section vest in the corporation.

  Section 4 (4) BEFORE amended by 2006-12-38, effective March 29, 2004 [retro from March 30, 2006 (Royal Assent)].

(4)  If, within 2 years from the date of its dissolution, a corporation is revived under any Act by order of a court, the order has effect as if the land of the corporation had not escheated to the government, and, subject to the terms of any court order, the land vests in the corporation.

  Section 4 (5.1) was added by 2006-11-3, effective June 14, 2006 (BC Reg 160/2006).

  Section 4.1 was enacted by 2006-11-4, effective June 14, 2006 (BC Reg 160/2006).

  Section 4.2 was enacted by 2024-23-5, effective July 5, 2024 (BC Reg 162/2024).

  Section 5 BEFORE amended by 2002-63-8, effective December 9, 2002 (BC Reg 340/2002).

5  The Lieutenant Governor in Council may, as to the Lieutenant Governor in Council seems proper,

  Section 7 (1) and (2) BEFORE amended by 2002-63-8, effective December 9, 2002 (BC Reg 340/2002).

(1)  If a forfeiture takes place of land or any interest in it the Lieutenant Governor in Council may waive or release any right that the government may have become entitled to, so as, by the waiver or release, to vest the property, either absolutely or otherwise, in the persons who would have been entitled but for the forfeiture.

(2)  The waiver or release may be either for valuable consideration or otherwise, and on the terms and conditions as to the Lieutenant Governor in Council seem proper.

  Section 8 BEFORE amended by 2002-63-8, effective December 9, 2002 (BC Reg 340/2002).

8  The Lieutenant Governor in Council may, as to the Lieutenant Governor in Council seems proper,

  Section 9 (1) BEFORE amended by 2009-13-214, effective March 31, 2014 (BC Reg 148/2013).

(1) If administration is taken out under the provisions of the Estate Administration Act, Part 2, the Attorney General may apply to the Supreme Court for an order for the making of inquiries necessary to determine whether or not the government is entitled to any portion of the estate of the deceased on account of the deceased dying intestate and without heirs or next of kin or otherwise.

  Section 10 (1) BEFORE amended by 2023-10-219, effective March 30, 2023 (Royal Assent).

(1) If a person dies in possession of or entitled to real estate in British Columbia, intestate as to such real estate, without any known heirs, the Attorney General may apply to the Supreme Court for an order for the making of inquiries necessary to determine whether or not the government is entitled to any portion of the real estate of the deceased on account of his or her dying intestate and without heirs.

  Section 11 BEFORE amended by 2002-63-8, effective December 9, 2002 (BC Reg 340/2002).

11  The Lieutenant Governor in Council may

  Section 12 BEFORE amended by 2002-63-8, effective December 9, 2002 (BC Reg 340/2002).

 Powers of Lieutenant Governor in Council to dispose of land

12  If any property or any interest, legal or equitable, in it, has escheated or become forfeited to the government, the Lieutenant Governor in Council may do one or more of the following:

(a) appoint a person to take possession of it, or of any part of it, and manage it for the time the Lieutenant Governor in Council thinks proper;

(b) rent it or any part of it;

(c) sell it or any part of it by private sale;

(d) advertise it or any part of it for sale by tender;

(e) cause it or any part of it to be sold by public auction under the conditions the Lieutenant Governor in Council considers proper.

  Section 13 (2) BEFORE amended by 2002-63-8, effective December 9, 2002 (BC Reg 340/2002).

(2)  If the Lieutenant Governor in Council is satisfied that a person had a legal, equitable or moral claim on money paid into the consolidated revenue fund under subsection (1), the Lieutenant Governor in Council may authorize the Minister of Finance and Corporate Relations to pay to that person out of the consolidated revenue fund an amount of money the minister considers appropriate.

  Section 13 (2) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

(2)  If the Attorney General is satisfied that a person had a legal, equitable or moral claim on money paid into the consolidated revenue fund under subsection (1), the Attorney General may authorize the Minister of Finance and Corporate Relations to pay to that person out of the consolidated revenue fund an amount of money the minister considers appropriate.

  Section 14 (2) BEFORE amended by 2002-63-8, effective December 9, 2002 (BC Reg 340/2002).

(2)  The Lieutenant Governor in Council may direct the Surveyor General to cancel the survey, field notes and official plan of survey of a property and the property is for all purposes deemed to be Crown land within the meaning of the Land Act if

  Part 2, sections 15 to 22 were enacted by 2006-11-5, effective June 14, 2006 (BC Reg 160/2006).