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| This is part of an archived statute consolidation that is current to February 9, 2004 and includes changes enacted and in force by that date. |
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| SECTION | EFFECTIVE DATE | ||
| 70 | June 21, 2002 | ||
| 72 | October 12, 2001 | ||
| 95 | February 28, 2003 | ||
| 137 | January 1, 2004 | ||
| 138 | January 1, 2004 | ||
| 173.1 Division 2.1 |
December 2, 2003 | ||
| 199 | June 21, 2002 | ||
| 223 | June 21, 2002 | ||
| 226 | June 21, 2002 | ||
| 237 | June 21, 2002 | ||
| 242 | June 21, 2002 | ||
| 256 | December 12, 2003 | ||
| 258 | June 21, 2002 | ||
| 259 | June 21, 2002 | ||
| 261 | June 21, 2002 | ||
| 262 | June 21, 2002 | ||
| 263 | June 21, 2002 | ||
| 264 | June 21, 2002 | ||
| 267 | June 21, 2002 | ||
| 292 | February 28, 2003 | ||
Section 70(2)(a) BEFORE amended by 2002-22-11 effective June 21, 2002 (BC Reg 149/02).
(a) fails to comply with
(i) the British Columbia Building Code referred to in the Building Regulations of British Columbia, or
(ii) any applicable municipal or regional district bylaws, or
Section 72(2)(b) enacted by 1998-43-72(remainder) effective October 12, 2001 (BC Reg 241/01).
(b) [Not in force.]
[NOTE: 1998-43-72 was amended by 2000-26-60 effective July 6, 2000 (Royal Assent).]
Section 95(2)(a) BEFORE amended by 2002-33-21 effective February 28, 2003 (BC Reg 34/03).
(a) those investments permitted to a trustee under section 15 of the Trustee Act;
Section 137 BEFORE amended by 2002-78-116 effective January 1, 2004 (BC Reg 477/03).
137 A repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant of a residential strata lot is an event that allows the landlord to give the tenant a notice terminating the tenancy agreement under section 36 (1) of the Residential Tenancy Act.
[Note: the above was amended by 2003-81-56 effective November 17, 2003 (Royal Assent).]
Section 138(1) BEFORE amended by 2002-78-116 effective January 1, 2004 (BC Reg 477/03).
(1) A repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant of a residential strata lot that seriously interferes with another person's use and enjoyment of a strata lot, the common property or the common assets is an event that allows the strata corporation to give the tenant a notice terminating the tenancy agreement under section 36 (1) of the Residential Tenancy Act.
[Note: the above was amended by 2003-81-56 effective November 17, 2003 (Royal Assent).]
Section 173.1, Division 2.1, was added by 2003-96-62 effective December 2, 2003 (Royal Assent).
Section 199 definition of "leasehold landlord" BEFORE amended by 2002-22-12 effective June 21, 2002 (BC Reg 149/02).
"leasehold landlord" means the government of British Columbia, the government of Canada, a municipality, a regional district or another public authority as defined by a regulation made under this Act;
Section 223(2)(a) and (b) BEFORE amended by 2002-22-13 effective June 21, 2002 (BC Reg 149/02).
(a) the municipality in which the land is located, or
(b) the regional district in which the land is located if the land is not located in a municipality.
Section 226(4) BEFORE amended by 2002-22-14 effective June 21, 2002 (BC Reg 149/02).
(4) If the municipality or regional district refuses to release the security, the owner developer may apply to the Supreme Court for an order that it be released.
Section 237 BEFORE amended by 2002-22-15 effective June 21, 2002 (BC Reg 149/02).
237 (1) Subject to subsection (2), if the owner developer elects not to proceed with a subsequent phase, land that would have been a part of the subsequent phase may only be developed in accordance with the applicable municipal or regional district bylaws relating to that parcel as a separate parcel.
(2) In approving the development of land referred to in subsection (1), the municipality or regional district may
(a) take into consideration the development already constructed in earlier phases, and
(b) treat the development of the subsequent phase as if it were a part of the phased development rather than a separate parcel.
Section 242(1) and (5) BEFORE amended by 2002-22-16 effective June 21, 2002 (BC Reg 149/02).
(1) For the purposes of this section, "approving authority" means
(a) the municipal council of the municipality in which the land is located, or
(b) if the land is not located in a municipality, the regional board of the regional district in which the land is located.
(5) The approving authority must not approve the strata plan unless the building substantially complies with
(a) the bylaws of the municipality or regional district, and
(b) the British Columbia Building Code referred to in the Building Regulations of British Columbia.
Section 256(1) BEFORE amended by 2003-96-63 effective December 12, 2003 (BC Reg 471/03).
(1) The registrar must not accept any of the following for registration unless it is accompanied by a current Certificate of Payment in the prescribed form referred to in section 115:
Section 258(4)(a) and (b) BEFORE amended by 2002-22-17 effective June 21, 2002 (BC Reg 149/02).
(a) one stall per strata lot, or any greater number of stalls required by municipal bylaw or other enactment, plus
(b) one stall per 10 strata lots for visitor parking or any greater number of visitor parking stalls required by municipal bylaw or other enactment.
Section 259(3)(b)(ii) BEFORE amended by 2002-22-18 effective June 21, 2002 (BC Reg 149/02).
(ii) if a strata lot is being divided, a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws,
Section 259(3)(b)(iii) and (iv) BEFORE amended by 2002-22-19 effective June 21, 2002 (BC Reg 149/02).
(iii) if the amendment changes the unit entitlement of any strata lot, a new Schedule of Unit Entitlement that meets the requirements of section 264, together with evidence of the superintendent's approval if the approval is required,
(iv) if the amendment changes the voting rights of any strata lot, a Schedule of Voting Rights that meets the requirements of section 264, together with evidence of the superintendent's approval if the approval is required,
Section 261(1)(b)(i) BEFORE amended by 2002-22-19 effective June 21, 2002 (BC Reg 149/02).
(i) a new Schedule of Unit Entitlement that meets the requirements of section 246, together with evidence of the superintendent's approval if the approval is required, and
Section 262(3)(c)(ii) BEFORE amended by 2002-22-20 effective June 21, 2002 (BC Reg 149/02).
(ii) a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws,
Section 262(3)(c)(iii) and (iv) BEFORE amended by 2002-22-19 effective June 21, 2002 (BC Reg 149/02).
(iii) if the amendment changes the unit entitlement of any strata lot, a new Schedule of Unit Entitlement that meets the requirements of section 264, together with evidence of the superintendent's approval if the approval is required,
(iv) if the amendment changes the voting rights of any strata lot, a Schedule of Voting Rights that meets the requirements of section 264, together with evidence of the superintendent's approval if the approval is required,
Section 263(2)(b)(ii) and (iii) BEFORE amended by 2002-22-19 effective June 21, 2002 (BC Reg 149/02).
(ii) if the amendment changes the unit entitlement of any strata lot, a new Schedule of Unit Entitlement that meets the requirements of section 264, together with evidence of the superintendent's approval if the approval is required,
(iii) if the amendment changes the voting rights of any strata lot, a Schedule of Voting Rights that meets the requirements of section 264, together with evidence of the superintendent's approval if the approval is required,
Section 264(1) and (2) BEFORE amended by 2002-22-21(a) effective June 21, 2002 (BC Reg 149/02).
(1) If a strata plan amendment under section 259, 262 or 263 changes unit entitlement, a new Schedule of Unit Entitlement must be established, in accordance with section 246, subject to the approvals required by that section and using the same formula for calculations that was used to establish the Schedule of Unit Entitlement that is being replaced.
(2) If a strata plan amendment under section 259, 262 or 263 changes voting rights, a Schedule of Voting Rights must be established in accordance with section 247 or 248, subject to the approvals required by those sections and using the same formula for calculations that was used to establish any Schedule of Voting Rights that is being replaced.
Section 264(5) and (6) were added by 2002-22-21(b) effective June 21, 2002 (BC Reg 149/02).
Section 267(d) BEFORE amended by 2002-22-22 effective June 21, 2002 (BC Reg 149/02).
(d) file the Certificate of Strata Corporation, any certificate of compliance respecting conformity with municipal or regional district bylaws and any Schedule of Unit Entitlement or Schedule of Voting Rights,
Section 292(2)(l.1) was added by 2002-33-22 effective February 28, 2003 (BC Reg 34/03).
Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada