Section 16 (4) BEFORE amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
(4) A proceeding by a vendor to enforce a personal convenant in an agreement for sale, taken after entry of an order nisi in a foreclosure, does not affect the right of the vendor to obtain an order absolute in the foreclosure.
Section 16 (1) (part) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
to the extent provided for in the agreement for sale or in the Rules of Court.
Section 17 BEFORE amended by 2023-10-484, effective March 30, 2023 (Royal Assent).
Power of court to discharge mortgagor on payment of mortgage money
17 Where an action is brought on a bond for payment of the money secured by a mortgage or performance of its covenants or where an action of ejectment is brought by a mortgagee or his or her heirs, personal representatives or assigns for the recovery of the possession of mortgaged land, and no suit is pending concerning the foreclosing or redeeming of the mortgaged land, if the person who has the right to redeem the mortgaged land appears and becomes a defendant in the action and at any time, pending the action, pays to the mortgagee or, in the case of the mortgagee's refusal, brings into court where the action is pending all the principal money and interest due on the mortgage, and all costs spent in any proceeding on the mortgage, the money for principal, interest and costs to be calculated by the court, the money so paid to the mortgagee or brought into court is in full satisfaction and discharge of the mortgage, and the court must and may discharge the mortgagor or defendant from the mortgage accordingly and must and may, by the rules of the court, compel the mortgagee, at the expense of the mortgagor, to assign, surrender or reconvey the mortgaged land and the estate and interest that the mortgagee has in it, and deliver up all deeds, evidences and writings in the mortgagee's custody relating to the title of the mortgaged land to the mortgagor who has paid or brought the money into the court, the mortgagor's heirs, personal representatives or to the person the mortgagor appoints for that purpose.
Section 20 (2) (part) BEFORE amended by 2010-6-68, effective July 1, 2010.
order that costs be payable, at the discretion of the court, on a party and party or solicitor and client basis taxed under Appendix B or C, respectively, of the Rules of Court, and the court may make no order for costs if it would otherwise make no order but for the covenant or term referred to in this subsection.
Section 21 (2) (part) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
and all applications in the proceedings must, subject to the Rules of Court, be heard at the location of that registry.
Section 22 BEFORE amended by 2023-10-485, effective March 30, 2023 (Royal Assent).
Right of redemption controverted
22 This section and sections 17 and 18 do not extend to a case where the person against whom the redemption is requested insists, in writing personally or by his or her attorney, agent or solicitor, delivered to the solicitor for the other side before the money is brought into the court, either that the party requesting a redemption does not have a right to redeem, or that the land is chargeable with other or different principal sums than those that appear on the face of the mortgage or are admitted on the other side, or to a case where the right of redemption to the mortgaged land is controverted or questioned by or between different defendants in the same proceeding and do not prejudice a subsequent mortgagee or encumbrancer, despite anything in sections 17 and 18 to the contrary.
Section 23 BEFORE amended by 2023-10-486, effective March 30, 2023 (Royal Assent).
Covenants to insure against fire
23 The person entitled to the benefit of a covenant on the part of a lessee or mortgagor to insure against loss or damage by fire, on loss or damage by fire, has the same advantage from any then subsisting insurance relating to the building covenanted to be insured, effected by the lessee or mortgagor in respect of his or her interest under the lease or in the property, or by any person claiming under him or her but not effected in conformity with the covenant, as the person would have from an insurance effected in conformity with the covenant.
Section 34 (1) and (2) BEFORE amended by 2023-10-488, effective March 30, 2023 (Royal Assent).
(1) Every person who, being surety for the debt or duty of another or being liable with another for any debt or duty, pays the debt or performs the duty is entitled to have assigned to him or her or to a trustee for him or her every judgment, specialty or other security that is held by the creditor in respect of the debt or duty, whether the judgment, specialty or other security is or is not deemed at law to have been satisfied by the payment of the debt or performance of the duty.
(2) The person who has paid the debt or performed the duty is entitled to stand in the place of the creditor and to use all the remedies and, if necessary and on a proper indemnity, to use the name of the creditor in any action or other proceeding at law or in equity, in order to obtain from the principal debtor, or a co-surety, co-contractor or co-debtor indemnification for the advances made and loss sustained by the person, and the payment or performance made by the surety is not pleadable in bar of any action or other proceeding by him or her.
Section 45 (1) BEFORE amended by 2011-13-10, effective June 2, 2011 (Royal Assent).
(1) A rule of law that a lease, grant, demise or agreement is void because its term is uncertain does not apply and is deemed never to have applied to mining, petroleum or natural gas leases or, without limiting the generality of the foregoing, to a lease, grant, demise or agreement leasing a Crown granted mineral claim or other mining or mineral property, or granting the right to use and occupy that property, and on, in or from it to prospect for, explore, mine, win, work, mill, make merchantable, carry away or dispose of metals, ores, minerals, petroleum or natural gas or to use the property for any purpose connected with those purposes.
Section 46 BEFORE repealed by 2009-13-234, effective March 31, 2014 (BC Reg 148/2013).
Designation under employee benefit plans
"employee" includes a former employee who is participating in a plan;
"employer" includes a group of employers and the trustee under a plan;
"plan" means an employee pension, retirement, welfare or profit sharing fund, trust or plan created before or after the coming into force of this section.
(2) If, in accordance with the terms of a plan, an employee has designated a person to receive a benefit payable under the plan in the event of the employee's death, the following rules apply:
(a) the designation is validly executed if it is in writing and signed by the employee;
(b) the designation is not affected in any way by a will or other testamentary instrument executed by the employee after the making of the designation;
(c) the employer is discharged on paying the amount of the benefit to the person designated;
(d) the person designated may enforce payment of the benefit, but the employer is entitled to set up any defence the employer could have set up against the employee or the employee's personal representatives.
(3) An employee may alter or revoke a designation made under a plan, but only in the manner set out in the plan.
(4) This section does not apply to a designation of a beneficiary to which the Insurance Act applies.
Section 49 (1) BEFORE amended by 2008-44-21, effective November 27, 2008 (Royal Assent).
(1) In this section:
"annuitant" means an annuitant as defined in section 146 (1) of the Income Tax Act (Canada);
"registered plan" means a retirement savings plan that
(a) was created before, or is created after, this section comes into force, and
(b) is registered under the Income Tax Act (Canada).
Section 49 (2) (part) BEFORE amended by 2012-37-164, effective July 1, 2012 (BC Reg 191/2012) [as amended by 194/2012, effective July 1, 2012].
and section 50 (1) to (3) of the Insurance Act applies to that designation.
Section 49 BEFORE repealed by 2009-13-234, effective March 31, 2014 (BC Reg 148/2013).
Registered retirement savings plans
"annuitant" means,
(a) in relation to a registered plan referred to in paragraph (a) of the definition of "registered plan" in this section, an annuitant as defined in section 146 (1) of the Income Tax Act (Canada), or
(b) in relation to a registered plan referred to in paragraph (b) of the definition of "registered plan" in this section, a holder as defined in section 146.2 (1) of the Income Tax Act (Canada);
"benefit payable under the registered plan", in relation to a registered plan, includes a distribution, transfer or payment of or from the registered plan;
"registered plan" means
(a) a retirement savings plan that
(i) was created before, or is created after, January 1, 1971, and
(ii) is registered under the Income Tax Act (Canada), or
(b) a TFSA within the meaning of the Income Tax Act (Canada).
(2) If, in accordance with the terms of a registered plan, an annuitant designated a person to receive a benefit payable under the registered plan in the event of the annuitant's death,
(a) the designation is effective if it is in writing and signed by the annuitant, or if it is contained in a will or other testamentary instrument,
(b) the person designated may enforce payment of the benefit, and
(c) the benefit is not part of the estate of the annuitant,
and section 61 (1) to (3) of the Insurance Act applies to that designation.
(3) An annuitant may alter or revoke a designation made under a registered plan.
(4) This section does not apply to a designation of a beneficiary to which the Insurance Act applies.
(5) This section is retroactive and is deemed to have been in force on, from, and after January 1, 1971.
Section 50 (2) (part) BEFORE amended by 2012-37-164, effective July 1, 2012 (BC Reg 191/2012) [as amended by 194/2012, effective July 1, 2012].
and section 50 (1) to (3) of the Insurance Act applies to that designation.
Section 50 BEFORE repealed by 2009-13-234 effective March 31, 2014 (BC Reg 148/2013).
Registered home ownership savings plans
50 (1) In this section, "registered plan" means a home ownership savings plan that
(a) was created before, or is created after, this section comes into force, and
(b) is registered under the Income Tax Act (Canada).
(2) If, in accordance with the terms of a registered plan, a person designated a spouse to receive a benefit payable under the registered plan in the event of the person's death,
(a) the designation is effective if it is in writing and signed by the person, or if it is contained in a will or other testamentary instrument,
(b) the spouse may enforce payment of the benefit, and
(c) the benefit is not part of the person's estate,
and section 61 (1) to (3) of the Insurance Act applies to that designation.
(3) A person may alter or revoke a designation made under a registered plan.
(4) This section does not apply to a designation of a beneficiary to which the Insurance Act applies.
(5) This section applies to a designation made before, on, or after July 30, 1981 but, if the designation was made before that date, it only applies if the registered plan was still in existence on that date.
Section 51 (2) (part) BEFORE amended by 2012-37-164, effective July 1, 2012 (BC Reg 191/2012) [as amended by 194/2012, effective July 1, 2012].
and section 50 (1) to (3) of the Insurance Act applies to that designation.
Section 51 BEFORE repealed by 2009-13-234, effective March 31, 2014 (BC Reg 148/2013).
Registered retirement income funds
"annuitant" means an annuitant as defined in section 146.3 of the Income Tax Act (Canada);
"registered plan" means a retirement income fund that
(a) was created before, or is created after, this section comes into force, and
(b) is registered under the Income Tax Act (Canada).
(2) Subject to subsection (5), if, in accordance with the terms of a registered plan, an annuitant designates a person to receive a benefit payable under the registered plan in the event of the annuitant's death,
(a) the designation is effective if it is in writing and signed by the annuitant, or if it is contained in a will or other testamentary instrument,
(b) the person designated may enforce payment of the benefit, and
(c) the benefit is not part of the estate of the annuitant,
and section 61 (1) to (3) of the Insurance Act applies to that designation.
(3) An annuitant may alter or revoke a designation made under a registered plan.
(4) This section does not apply to a designation of a beneficiary to which the Insurance Act applies.
(a) was made in writing after June 29, 1978 and before June 1, 1984, and
(b) would have been valid under this section had this section been in force at the time the designation was made,
is valid if the person making the designation is living on June 1, 1984.
Section 52 (1) BEFORE amended by 2011-25-396, effective March 18, 2013 (BC Reg 131/2012).
(1) In proceedings involving the guardianship, custody, access to or maintenance of a child the court must consider the best interests of the child.
Section 60 (1) BEFORE amended by 2011-25-397, effective November 24, 2011 (Royal Assent).
(1) For all purposes of the law of British Columbia, a married man has a legal personality that is independent, separate and distinct from that of his wife and a married woman has a legal personality that is independent, separate and distinct from that of her husband.
Section 60 (1), (3) and (4) BEFORE amended by 2023-10-489, effective March 30, 2023 (Royal Assent).
(1) For all purposes of the law of British Columbia, a married person has a legal personality that is independent, separate and distinct from that of his or her spouse.
(3) Without limiting subsections (1) and (2),
(a) each of the parties to a marriage has the same right of action in tort against the other as if they were not married,
(b) a married woman is capable of acting as litigation guardian or next friend as if she were an unmarried woman, and
(c) a married woman is capable of acquiring a domicile independent from that of her husband, and the same rules must be applied to determine the domicile of a married woman as for a married man.
(4) The purpose of subsections (1) and (2) is to make the same law apply, and apply equally, to married men and married women and to remove any difference resulting from any common law rule or doctrine, and subsections (1) and (2) must be so construed.
Section 61 BEFORE repealed by 2011-25-399, effective March 18, 2013 (BC Reg 131/2012).
Child status
61 (1) Subject to the Adoption Act and the Family Relations Act, for all purposes of the law of British Columbia,
(a) a person is the child of his or her natural parents,
(b) any distinction between the status of a child born inside marriage and a child born outside marriage is abolished, and
(c) the relationship of parent and child and kindred relationships flowing from that relationship must be determined in accordance with this subsection.
(2) This section applies to an enactment enacted before, on or after April 17, 1985 and to an instrument made on or after that date, but it does not affect
(a) an instrument made before that date, or
(b) a disposition of property made before that date.
(3) For the purpose of construing an instrument or enactment, a reference to a person or a group or class of persons described in terms of relationship to another person by blood or marriage must be construed to refer to and include a person who comes within the description because of the relationship of parent and child as determined under subsection (1).
Supplement BEFORE repealed by 2006-33-1(2)(d), effective May 18, 2006 (Royal Assent).
[Supplement]
Law and Equity Act
[RSBC 1996] CHAPTER 253
1 Section 21 (2) (b) of the Law and Equity Act is amended by striking out "at any registry located in the judicial district in which the land is located," and substituting "at the nearest registry of the Supreme Court that can be conveniently reached from the land that is the subject of the proceeding,".
1989-64-9.
2 Sections 46, 49, 50 and 51 are repealed and the following substituted:
Retirement plans beneficiary designation
49 (1) In this section:
"participant" means a person on whose behalf a plan provides for the receipt by another person of a benefit in the event of the person's death;
"plan" means
(a) a pension, retirement, welfare or profit sharing fund, trust, scheme, contract or arrangement for the benefit of employees, former employees, agents or former agents of an employer or their dependants or beneficiaries,
(b) a fund, trust, scheme, contract or arrangement for the payment of an annuity for life or for a fixed or variable term,
(c) a retirement savings plan or retirement income fund registered under the Income Tax Act (Canada), or
(d) other arrangement designated by the Lieutenant Governor in Council created on, before or after this section comes into force;
"will" has the same meaning as in the Wills Act.
(2) A participant may designate by
(a) an instrument signed by the participant or signed on the participant's behalf by another person in the participant's presence and by the participant's direction, or
(b) a will
that a person is to receive a benefit payable under a plan on the participant's death, and the participant may revoke a designation, however made, by a method described in paragraph (a) or (b).
(3) A designation in a will is effective only if it relates expressly to a plan, either generally or specifically.
(4) A revocation in a will is effective to revoke a designation made by instrument only if the revocation relates expressly to the designation, either generally or specifically.
(5) Despite the Wills Act, a later designation, however made, revokes an earlier designation to the extent of any inconsistency.
(6) The revocation of a will is effective to revoke a designation in the will.
(7) A designation or revocation contained in an instrument purporting to be a will is not invalid merely because the instrument is invalid as a will.
(8) A designation in an instrument that purports to be, but is not, a valid will is revoked by an event that would have the effect of revoking the instrument if it had been a valid will.
(9) Revocation of a designation does not revive an earlier designation.
(10) Republication of a will by codicil is not effective to revive a revoked designation in a will unless the codicil expressly provides.
(11) Despite the Wills Act, a designation or revocation in a will is effective from the time the will is signed.
(12) After the death of a participant, if a designation is in effect at the time of the death, the person designated may enforce payment of the benefit payable to him or her under the plan, but the person against whom payment is sought to be enforced may set up any defence that he or she could have set up against the participant or the participant's personal representative.
(13) If a person is to receive a benefit in accordance with the terms of a plan in the event of the participant's death, the benefit is not part of the participant's estate.
(14) If this section is inconsistent with a plan, this section applies unless the inconsistency relates to a designation made or proposed to be made after the making of a benefit payment if the benefit payment would have been different if the designation had been made before the benefit payment, in which case the plan applies.
(15) If an administrator of a plan transfers a benefit in accordance with the plan to a beneficiary of record, the administrator is discharged in respect of that benefit even if the administrator later receives a notice of change of beneficiary.
(16) Section 49 of the Insurance Act applies for the purpose of an irrevocable designation of a beneficiary under a plan.
(17) This section does not apply to a contract or to a designation of a beneficiary to which the Insurance Act applies.
1990-34-9.
3 The following sections are added:
Order for periodic payments
65 (1) Subject to subsections (2) and (3), in an action for damages for personal injuries or under the Family Compensation Act, the court may, in respect of any amount of damages that relate to the loss of future earning capacity or the cost of future care, make a periodic payment order.
(2) Before making an order under subsection (1), the court
(a) must advise the plaintiff of the provisions of this section and sections 66 and 67 and give the plaintiff the opportunity to make submissions why an order should not be made,
(b) may direct that inquiries be made or that the report of an expert be obtained, and
(c) must give reasons to the plaintiff why the order is being made.
(3) The court may only make a periodic payment order if the court considers that the plaintiff
(a) will not, due to the plaintiff's physical or mental condition, be able to support himself or herself adequately and provide for his or her needs, and
(b) would probably be unwilling or unable to preserve a fund intended to provide for his or her future care and support.
(4) A periodic payment order must
(a) provide that the amount of damages to which the order applies be paid to the Public Guardian and Trustee to be managed in accordance with the directions that the court may give under subsection (5) and, subject to those directions, in the manner provided for in section 66, and
(b) set the remuneration of the Public Guardian and Trustee and, in determining the amount of damages payable to the plaintiff, may make provision for the remuneration of the Public Guardian and Trustee.
(5) The court may, at the time it makes the order under subsection (1), and afterwards from time to time, give the Public Guardian and Trustee directions respecting the management of the fund and the manner and amount of payments to be made out of the fund.
(6) Unless the court otherwise directs,
(a) an order under this section has priority over any assignment, garnishment, execution or charging order, whether issued or made before or after this section comes into force, and
(b) the fund is not subject to the claims of the plaintiff's creditors.
Management of the fund
66 (1) The Public Guardian and Trustee may, out of the fund and any interest earned on it, and subject to directions of the court made under section 65,
(a) make payments to the plaintiff or for the plaintiff's benefit, in amounts that the Public Guardian and Trustee considers appropriate,
(b) purchase property in the name of the Public Guardian and Trustee for the use of the plaintiff, or
(c) pay to the plaintiff's solicitor, or any other person to whom the plaintiff is under a legal obligation, costs, expenses and disbursements arising out of the conduct of the action or any other debt or obligation owed by the plaintiff.
(2) The Public Guardian and Trustee may be paid his or her remuneration and expenses out of the fund, subject to the direction of the court.
Plaintiff or Public Guardian and Trustee may apply for variation or discharge of order
67 (1) While an order under section 65 is in effect, the court may, on the application of the plaintiff or the Public Guardian and Trustee, make an order
(a) varying the directions that the court has made under that section,
(b) adding new directions, or
(c) discharging an order under that section.
(2) If the court makes an order under subsection (1) (c), the Public Guardian and Trustee must pay the balance of the money in the fund to the plaintiff or to the plaintiff's trustee, committee or personal representative.
1989-64-10; B.C. Reg. 111/00.