British Columbia Order in Council — Order under Strata Property B (O.C. 1217/2000)

O.C. 1217/2000

British Columbia — Orders in Council

Minister o Finance and Corpor e Relations Presiding Member nal PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. - 1217 , Approved and Ordered JUL 2 7 2000 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Strata Property Regulation, B.C. Reg. 43/2000, is amended as set out in the attached Schedule. (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Strata Property Act, S.B.C. 1998, c. 43, s. 293 (4) Other (specify):- @IC 13O P-Ooo Re-,;,..4) 1.2.0 4, /2000/9/ July 13, 2000

SCHEDULE 1

Section 17.1 of the Strata Property Regulation, B.C. Reg. 42/2000, is repealed and the following substituted:

Definitions 17.1 For the purposes of this Part: "Amended

Schedule of Interest on Destruction" means an Amended

Schedule of Interest on Destruction prepared in Form Z.1 for filing with the registrar; "Condominium Act" means the Condominium Act, R.S.B.C. 1996, c. 64, or other former Act; "schedule of interest on destruction" means, with respect to a strata plan, the

schedule required by

section 4 (

g) of the Condominium Act or an Amended

Schedule of Interest on Destruction, most recently filed with the registrar. 2

Part 17 is amended by adding the following sections: Plan amendments — effect on

schedule of interest on destruction 17.20

(1) If a strata corporation that is subject to a

schedule of interest on destruction applies under

section 259 of the Act to amend a strata plan to add to, consolidate or divide a strata lot, the application must be accompanied by an Amended

Schedule of Interest on Destruction which shows (

a) the same interest on destruction for each strata lot in the strata plan, except the strata lots being altered by the amendment, as is shown on the

schedule of interest on destruction, (

b) the same aggregate of interests on destruction for all strata lots in the strata plan as is shown on the

schedule of interest on destruction, and (

c) the new interests on destruction for the new strata lots created by the amendment, derived by apportioning the interest on destruction for the strata lots being altered to the new strata lots.

(2) If a strata corporation that is subject to a

schedule of interest on destruction applies under

section 262 of the Act to amend a strata plan to make land held by the strata corporation into a new strata lot, the application must be accompanied by (

a) an Amended

Schedule of Interest on Destruction which shows (

i) a new interest on destruction for each strata lot in the strata plan including the new strata lot, and (ii) the aggregate of interests on destruction for all the strata lots in the amended strata plan, and 1 of 4

(

b) a Certificate of Strata Corporation in the prescribed form stating that the Amended

Schedule of Interest on Destruction referred to in paragraph (

a) has been approved by a unanimous vote at an annual or special general meeting.

(3) The Amended

Schedule of Interest on Destruction referred to in subsection (2) must be approved by a unanimous vote at an annual or special general meeting.

(4) If a strata corporation that is subject to a

schedule of interest on destruction applies under

section 263 of the Act to amend a strata plan to add a strata lot to the common property, the application must be accompanied by an Amended

Schedule of Interest on Destruction which shows (

a) the same interest on destruction for each strata lot in the strata plan, except the strata lot being added to the common property, as is shown on the

schedule of interest on destruction, and (

b) the aggregate of interests on destruction for all the strata lots in the amended strata plan.

(5) Section 267 of the Act applies to an Amended

Schedule of Interest on Destruction referred to in subsection (1), (2) or (4) and to the Certificate of Strata Corporation referred to in subsection (2) as though those documents were listed in

section 267 (

d) of the Act. Amalgamations — effect on

schedule of interest on destruction 17.21

(1) If an application is made under

section 269 of the Act to amalgamate 2 or more strata corporations, at least one of which is subject to a

schedule of interest on destruction, the application may be accompanied by an Amended

Schedule of Interest on Destruction which must show (

a) the interest on destruction for each strata lot in the amalgamated strata plan, and (

b) the aggregate of interests on destruction for all the strata lots in the amalgamated strata plan.

(2) If amalgamating strata corporations submit an Amended

Schedule of Interest on Destruction with an application under

section 269 of the Act, the Certificates of Strata Corporation required by

section 269 (2) (b) (

v) of the Act must also state that the Amended

Schedule of Interest on Destruction conforms to the amalgam- ation agreement.

(3) Section 270 of the Act applies to an Amended

Schedule of Interest on Destruction referred to in subsections (1) and (2) as though that document was listed in

section 267 (

d) of the Act.

(4) If amalgamating strata corporations to which subsection (1) applies do not submit an Amended

Schedule of Interest on Destruction with the application under

section 269 of the Act, (

a) the amalgamated strata corporation is not subject to a

schedule of interest on destruction, and (b)

section 273 (1) and (2) of the Act, for the purposes of

section 272 of the Act, and

section 278 (1) and (2) of the Act, for the purposes of

section 277 of the Act, apply to the amalgamated strata corporation. page 2 of 4

Change to basis for determining interest on destruction 17.22

(1) A strata corporation that is subject to a

schedule of interest on destruction may cancel that

schedule of interest on destruction as follows: (

a) a resolution approving the cancellation must be passed by a unanimous vote at an annual or special general meeting; (

b) an application to file the resolution required under paragraph (

a) must be made to the registrar accompanied by a Certificate of Strata Corporation in the prescribed form stating that that resolution was passed by a unanimous vote at an annual or special general meeting.

(2) The resolution under subsection (1) must be filed and the notations made in the records of the registrar that the registrar considers necessary, if the registrar is satisfied that the application and accompanying documents comply with subsection (1) (

b) and the Land Title Act and regulations made under that Act.

(3) A resolution under subsection (1) (

a) has no effect until filed under subsection (2).

(4) Section 273 (1) and (2) of the Act, for the purposes of

section 272 of the Act, and

section 278 (1) and (2) of the Act, for the purposes of

section 277 of the Act, apply to a strata corporation that has cancelled a

schedule of interest on destruction in accordance with subsections (1) and (2). 3 Form E is amended by repealing everything after "Complete and file only the applicable form of certificate." and before "CERTIFICATE FOR

SECTION 269" and substituting the following: CERTIFICATE FOR

SECTION 78, 79, 80, 214, 257, 259, 261, 262, 263 OR 266 OF THE ACT OR

SECTION 17.20 OF THE REGULATION The Owners, Strata Plan Ithe registration number of the strata plan] certify that a resolution referred to in

section . [section numherJ of the Strata Property Act or

section [section numherJ of the Strata Property Regulation was passed by a unanimous vote or 3/4 vote [check appropriate rile] at an annual or special general meeting held on . [month day, year], and that the attached instrument, schedule, plan or other doc- ument conforms to the resolution. For the purposes of

section 165 (4) (

f) of the Land Title Act, execution of the attached instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act or the Strata Property Regulation, and the instrument con- forms to the resolution. Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) CERTIFICATE FOR

SECTION 100 OF THE ACT OR

SECTION 17.22 OF THE REGULATION The Owners, Strata Plan Ithe registration number of the strata plan] certify that the attached resolution was passed under

section 100 of the Strata Property Act or under

section 17.22 (1) of the Strata Property Regulation [check appropriate authority] by a unanimous vote at an annual or special general meeting held on [month day, year]. For the purposes of

section 165 (4) (

f) of the Land Title Act, execution of the attached instrument page 3 of 4

Sheet No. Interest on Destruction Strata Lot No. Aggregate has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act or the Strata Property Regulation, and the instrument con- forms to the resolution. Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) 4 The following farm is added: Strata Property Act FORM Z.1 AMENDED

SCHEDULE OF INTEREST ON DESTRUCTION (sections 17.20 and 17.21 of this regulation) page 4 of 4

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1217/2000
Type	order_in_council
Volume / chapter	arc oic 1217 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2021f1c20204e23fb2c4c41bcdd8f51171282822

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