Section 1 definition of "municipality" BEFORE amended by 2003-52-450, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

"municipality" means a municipality as defined in the Local Government Act;

  Section 1 definition of "mountain resort area" BEFORE repealed by 2007-6-34, effective March 29, 2007.

"mountain resort area" means a mountain resort area established under section 2;

  Section 1 definition of "resort promotion area" was added by 2007-6-34, effective March 29, 2007.

  Section 1 definition of "resort land" BEFORE amended by 2007-6-35, effective March 29, 2007.

"resort land" means the land in a mountain resort area that is specified by the minister as resort land and includes a lot, strata lot or other parcel into which the land is subdivided.

  Section 2 (1) BEFORE amended by 2007-6-35, effective March 29, 2007.

  Section 2 (2) BEFORE repealed by 2007-6-36, effective March 29, 2007.

(2)  Before the minister makes an order under subsection (1), the minister must be satisfied that

(a) the area offers year-round recreation facilities including overnight accommodation and ski lift operations or that the ski area operator in the area has entered into a development agreement with the government with respect to recreational, residential and commercial facilities, and

(b) the council of the municipality in which the area is located, or, in the absence of a municipality, the board of the regional district in which the area is located, has approved the establishment of the mountain resort area.

  Section 3 (3) BEFORE amended by 2003-52-451, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  Sections 631 and 632 of the Local Government Act apply to a petition under this section as far as reasonably possible and, for these purposes, the minister may make orders in relation to any matters dealt with in those sections.

  Section 3 (1) BEFORE amended by 2007-6-35, effective March 29, 2007.

(1)  If the minister establishes a mountain resort area under section 2, the minister may by order specify land within that area as resort land and incorporate an association to carry out the purposes referred to in section 4 (1) within the mountain resort area.

  Section 3 (2) BEFORE amended by 2007-6-37(a), effective March 29, 2007.

(2)  Before the minister makes an order under subsection (1), the minister must be satisfied that the owners of land in the area have signed and presented to the minister a petition for the establishment of a mountain resort area.

  Section 3 (4) BEFORE amended by 2007-6-37(b), effective March 29, 2007.

(4)  The name of an association must include the words "Mountain Resort Association".

  Section 3 (5) (a) BEFORE amended by 2007-6-35, effective March 29, 2007.

(a) approved by the minister and the council of the municipality in which the mountain resort area is located or, in the absence of a municipality, by the board of the regional district in which the mountain resort area is located, and

  Section 4 (1) BEFORE amended by 2007-6-35, effective March 29, 2007.

(1)  The purposes of an association are to promote, facilitate and encourage the development, maintenance and operation of a mountain resort area.

  Section 5 (2) BEFORE amended by 2007-6-35, effective March 29, 2007.

(2)  An owner of land within a mountain resort area that is not resort land may, in accordance with the bylaws, become a member of the association and on becoming a member the owner's land is deemed to be resort land.

  Section 5 (3) (a) BEFORE amended by 2007-6-35, effective March 29, 2007.

(a) owns or carries on business in the mountain resort area,

  Section 6 (1), (3) and (4) BEFORE amended by 2003-70-223, effective March 29, 2004 (BC Reg 64/2004).

(1)  The Company Act does not apply to an association.

(3)  The minister may order that specified provisions of the Company Act and Society Act apply to an association in addition to those provisions specified in subsection (2).

(4)  An association is deemed to be a reporting society under the Society Act or a reporting company under the Company Act in respect of those provisions specified under subsections (2) and (3).

  Section 6 (2) (a) BEFORE amended by 2004-27-24(a), effective November 1, 2004 (BC Reg 471/2004).

(a) all of section 1 except for the definitions of "ordinary resolution" and "special resolution";

  Section 6 (2) (j) BEFORE repealed by 2004-27-24(b), effective November 1, 2004 (BC Reg 471/2004).

(j) Forms 4, 5, 7, 8, 9, 10 and 11 of Schedule A.

  Section 6 (2), (3) and (4) BEFORE amended by 2015-18-347, effective November 28, 2016 (BC Reg 216/2015).

(2) The following provisions of the Society Act apply to an association:

(a) all of section 1 except

(i) the definitions of "ordinary resolution" and "special resolution", and

(ii) the definition of "filed", which definition applies, in this Act, only for sections 3 (5) (b) and (6) and 9 of this Act;

(b) all of Part 1 except sections 2, 3, 6, 7, 14, 17, 18 and 19;

(c) section 23;

(d) all of Part 3 except sections 30 and 31;

(e) all of Part 4 except sections 32 (2), 35 (3) and 38;

(f) all of Part 5;

(g) all of Part 6 except section 64;

(h) all of Part 9 except section 83;

(i) all of Part 11 except section 100.

(j) [Repealed 2004-27-24.]

(3) The minister may order that specified provisions of the Business Corporations Act and Society Act apply to an association in addition to those provisions specified in subsection (2).

(4) An association is deemed to be a reporting society under the Society Act in respect of those provisions of that Act specified under subsections (2) and (3).

  Section 7 (2) BEFORE amended by 2007-6-35, effective March 29, 2007.

(2)  The bylaws may only be added to, amended or repealed in accordance with their provisions and section 23 of the Society Act and with the approval of the minister and the council of the municipality in which the resort land is located or, in the absence of a municipality, the board of the regional district in which the mountain resort area is located.

  Section 7 (2) BEFORE amended by 2015-18-348, effective November 28, 2016 (BC Reg 216/2015).

(2) The bylaws may only be added to, amended or repealed in accordance with their provisions and section 23 of the Society Act and with the approval of the minister and the council of the municipality in which the resort land is located or, in the absence of a municipality, the board of the regional district in which the resort promotion area is located.

  Section 9 (3) (a) BEFORE amended by 2004-66-160(a), effective January 20, 2005 (BC Reg 16/2005).

(a) the registrar is not liable nor is the government liable vicariously, and

  Section 9 (3) (a.1) was added by 2004-66-160(b), effective January 20, 2005 (BC Reg 16/2005).

  Section 9 (3) (b) BEFORE amended by 2004-66-160(c), effective January 20, 2005 (BC Reg 16/2005).

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act

  Section 9 (1) BEFORE amended by 2007-6-35, effective March 29, 2007.

(1)  The resort land is, on the establishment of the mountain resort area, subject to this Act and the bylaws, without special endorsement on the indefeasible title, and the registrar may, and on application of the association must, make the following notation on every indefeasible title of resort land issued on or after the establishment of the mountain resort area:

  Section 9 (1) BEFORE amended by 2007-6-38(a), effective March 29, 2007.

 "This land is subject to the Mountain Resort Associations Act and the bylaws of the .............................. Mountain Resort Association filed with the Registrar of Companies."

  Section 9 (1) BEFORE amended by 2007-6-38(b), effective March 29, 2007.

 "This land is subject to the Mountain Resort Associations Act and the bylaws of the .............................. Mountain Resort Association filed with the Registrar of Companies."

  Section 9 (3) (part) BEFORE amended by 2023-10-1015, effective March 30, 2023 (Royal Assent).

(3) In the event of any delay, omission, mistake or misfeasance by the registrar or his or her employees in relation to making a notation under subsection (1),

  Section 10 (2) (a) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(a) in respect of the Crown leases and rights of way on the resort land, file with the Ministry of Environment, Lands and Parks a certificate showing the amount owing, and

  Section 10 (4) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(4)  The association must, on satisfaction of the debt, file with the Ministry of Environment, Lands and Parks or the registrar, as the case may be, a release in a form acceptable to that ministry or the registrar.