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| This is part of an archived statute consolidation that is current to September 15, 2003 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 | ||
| 199 | June 21, 2002 | ||
| 223 | June 21, 2002 | ||
| 226 | June 21, 2002 | ||
| 237 | June 21, 2002 | ||
| 242 | June 21, 2002 | ||
| 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
Section72(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 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 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).
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