British Columbia Order in Council — Bringing into force s. 6 of the Attorney General Statutes Amendment Act (O.C. 730/2000)

O.C. 730/2000

British Columbia — Orders in Council

Order in Council No.1 730 , Approved and Ordered PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL 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, effective June 15, 2000, ( 1 )

section 6 of the Attorney General Statutes Amendment Act, 1998, S.B.C. 1998, c. 23, is brought into force, (2) the Manufactured Home Pad Assignment and Sublet Regulation as set out in the attached

Schedule 1 is made, and

(3) Appendix C of B.C. Reg. 26/81, the Residential Tenancy Regulation, is repealed and substituted by Appendix C as set out in the attached

Schedule 2. Attorney Gene I and Minister Responsible for Human Rights Presiding M ouncil (This

part is for administrant's' purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Residential Tenancy Act, R.S.B.C. 1996, c. 406, ss. 49 (2) and 90 D{C- Other (specify):- Attorney General Statutes Amendment Act, 1998. S.B.C. 1998, c. 23, s. 28 6 .5.ei4t.4,75. /2000/9/ May 9, 2000

SCHEDULE 1 Manufactured Home Pad Assignment and Sublet Regulation

Definitions 1 In this regulation: "Act" means the Residential Tenancy Act, R.S.B.C. 1996, c. 406; "assign" means to assign a home owner's interest in a manufactured home pad tenancy agreement to a purchaser under

section 17 (1) of the Act; "home owner" means an owner of a manufactured home who rents a manufactured home pad from a park owner; "park owner" means the landlord of a manufactured home park; "purchaser" means a person who has purchased or has made an offer to purchase a home owner's manufactured home; "sublet" means to sublet the manufactured home pad on which the home owner's manufactured home is situated to a subtenant under

section 17 (1) of the Act. Providing tenancy agreement and rules to purchaser 2 A home owner must provide a purchaser with a copy of (

a) any part of the tenancy agreement that is in written form, and (

b) any park rules that are in written form and apply to the tenancy of the home owner before requesting the park owner's consent to assign. Rights and obligations after assignment 3

(1) When a home owner assigns, the purchaser becomes the tenant of the park owner and assumes the rights and obligations arising under the Act and the tenancy agreement on and after the date the assignment takes effect.

(2) A tenancy agreement that has been assigned continues on the same terms as before the assignment.

(3) A former home owner, after an assignment takes effect, (

a) is not liable for any breach or obligation under the Act or the tenancy agreement relating to the period after the assignment, (

b) continues to be liable for any breach or obligation under the Act or the tenancy agreement relating to the period before the assignment, and (

c) may enforce against the park owner any of the park owner's obligations under the Act or the tenancy agreement relating to the period before the assignment. 1 of 5

Rights and responsibilities during sublet 4

(1) A home owner who sublets (

a) is the landlord of the subtenant under the subtenancy agreement, (

b) continues to be the tenant of the park owner under the tenancy agreement, and (

c) is liable to the park owner for any breach of, or obligation under, the Act or the tenancy agreement during the subtenancy.

(2) A home owner must include in the subtenancy agreement the park rules and the terms of his or her tenancy agreement that are relevant to the subtenancy and, before requesting the park owner's consent to sublet under

section 6, must inform the proposed subtenant of those rules and terms. Term of subtenancy agreement 5

(1) A subtenancy agreement for a manufactured home pad, including a manufactured home pad rented under a month to month tenancy agreement, may be for a fixed tenn or on a month to month basis.

(2) Despite subsection (1), a subtenancy agreement is subject to the continuation of the home owner's tenancy agreement. Written request for consent to assign or sublet 6

(1) Sections 7 and 8 apply to a home owner's request for consent to assign or sublet only if the home owner requests the park owner's consent to assign or sublet in writing in the form approved by the director.

(2) The home owner must serve the request on the park owner in accordance with the Act.

(3) The written request under subsection (1) must be signed by the home owner and include the following information: (

a) the name and address of the home owner making the request; (

b) the name and address of the park owner or park owner's agent; (

c) the proposed effective date for the assignment or subtenancy agreement; (

d) the name of the purchaser or the proposed subtenant; (

e) the current address of the purchaser or proposed subtenant, the length of time at that address and the name and telephone number of the landlord, if any, for that address; (

f) if the length of time at the address provided under paragraph (

e) is less than 2 years, the previous address of the purchaser or proposed subtenant, the length of time at that address and the name and telephone number of the landlord, if any, for that address; (

g) the names and telephone numbers of two personal references for the purchaser or proposed subtenant; (

h) the signed consent of the purchaser or proposed subtenant authorizing the park owner to contact the landlords, if any, provided under paragraphs (

e) and (

f) and the personal references provided under paragraph (

g) for the purpose of verifying or obtaining information relevant to written request; page 2 of 5

(

i) if the manufactured home pad is in a park in which every manufactured home pad is reserved for rental to a tenant who has reached 55 years of age or to 2 or more tenants, at least one of whom has reached 55 years of age, as set out in

section 10 (2) (b) (

i) of the Human Rights Code, the date of birth of the purchaser or proposed subtenant who meets the age requirement and proof of that person's age; (

j) if the request is for consent to sublet, a statement that the home owner has complied with

section 4 (2); (

k) if the request is for consent to assign, (

i) the current monthly rent for the manufactured home pad, (ii) the effective date of the most recent lawful rent increase, (iii) the purchaser's signed consent authorizing the park owner to obtain a credit report on the purchaser. (iv) the purchaser's signed statement that he or she has been informed of and agrees to comply with (

A) the tenancy agreement, and (

B) the applicable park rules, (

v) a copy of (

A) any part of the tenancy agreement that is in written form, and (

B) any of the park rules that are in written form and that apply to the tenancy of the home owner, and (vi) a copy of any outstanding orders or notices given under the Act respecting the residential premises; (1) any additional information required by the form approved by the director under subsection (1). Response within 10 days 7

(1) A park owner must provide the home owner with a written response, in the form approved by the director, to a request under

section 6.

(2) The response under subsection (

I) must be served on the home owner in accordance with the Act promptly and in any case so that the response is received by the home owner within 10 days after the date the park owner received the request.

(3) If a park owner withholds his or her consent for the home owner to assign or sublet, the park owner's response under subsection (1) must indicate (

a) the grounds under

section 10 on which he or she is withholding consent, and (

b) the source and nature of the information that supports those grounds.

(4) A park owner and home owner may agree in writing to extend the time for response under subsection (2) to a specific date. Consent deemed if no response in 10 days 8 The park owner's consent to a request under

section 6 is conclusively deemed to have been given and the home owner may assign or sublet to the purchaser or subtenant identified in the written request page 3 of 5

(

a) if the home owner has not received the park owner's response (

i) by the end of the 10th day after the day the park owner received the home owner's request, or (ii) if the time for response has been extended under

section 7 (4) to a specific date, by that date, and (

b) if paragraph (a) (

i) applies, the home owner can demonstrate that he or she served the request on the park owner in accordance with the Act. Request to assign or sublet that does not conform to

section 6 9

(1) If a home owner's request for consent to assign or sublet does not comply with

section 6, the park owner must do one of the following: (

a) consent to the request; (

b) notify the home owner in writing that he or she is withholding consent to the request on one or more of the grounds under

section 10; (

c) advise the home owner promptly that he or she will only consider a request to assign or sublet that complies with

section 6.

(2) If the park owner withholds consent under subsection (1) (b), the park owner must indicate (

a) the grounds under

section 10 on which he or she is withholding consent, and (

b) the source and nature of the information that supports those grounds. Grounds for withholding consent to a request 10 For the purposes of

section 17 (2) of the Act, a park owner may withhold consent to assign to a purchaser or sublet to a proposed subtenant only for one or more of the following reasons: (

a) the request is for consent to assign, and (

i) the park owner, on the basis of relevant information, has reasonable grounds to conclude that the purchaser is unlikely to comply with the tenancy agreement or applicable park rules, or (ii) the park owner, on the basis of credit information, has reasonable grounds to conclude that the purchaser is unable or unlikely to pay the rent; (

b) the request is for consent to sublet and the park owner, on the basis of relevant information, has reasonable grounds to conclude that the proposed subtenancy is likely to result in a breach of the home owner's obligations under the tenancy agreement and park rules; (

c) there is not at least one purchaser in a proposed assignment, or one subtenant in a proposed sublet, who meets the age requirement in a park where every manufactured home pad is reserved for rental to a tenant who has reached 55 years of age or to 2 or more tenants, at least one of whom has reached 55 years of age, as set out in

section 10 (2) (b) (

i) of the Human Rights Code,. (

d) the purchaser or proposed subtenant does not intend to reside in the manufactured home and (

i) intends to use the manufactured home for business purposes, or page 4 of 5

(ii) has purchased more than one manufactured home in the park owner's manufactured home park; (

e) the tenancy agreement is a month to month agreement and the manufactured home has been removed from the manufactured home pad or destroyed; (

f) the park owner, as a result of being unable to contact one or more references provided under

section 6 (3) (e), (

f) or (g), has insufficient information to make a decision about the request, if the park owner (

i) promptly advised the home owner of his or her inability to contact one or more of those references, and (ii) made every reasonable effort to contact those references and any references provided by the home owner in place of those references. page 5 of 5

I, the Applicant/Agent for the Applicant apply to the Director of the Residential Tenancy Office for arbitration of this dispute. The fi for this application, as established under the Residential Tenancy Act, may be paid in cash or by cheque (identification is required che ue must have current address encoded Che ue ispayable to Minister of Finance and Corporate Relations. Print Name: Signature: Date: (y/m/d) COLUMBIA LOLUMBIA

SCHEDULE 2 Ministry of Attorney General Residential Tenancy Office Appendix C - APPLICATI FOR ARBITRATI NOTE: This form is used to request arbitration in a dispute by either the landlord or the tenant. The information is collected under the Residential Tenancy Act. Information collected on this form may be disclosed to the public in accordance with the Freedom of InformE and Protection of Privacy Act. Residential Tenancy arbitration decisions will be published on the Residential Tenancy Office website, will be accessible to the public.

For further information on the collection, use and disclosure of this information, please phone 1-800-61 8779. (PLEASE PRINT CLEARLY AND USE A BALLPOINT PEN. YOU ARE MAKING FOUR COPIES) A Applicants: please check one box Ei Tenant 0 Landlord File No.: Home Phone: ) Full Name(s): Service Address(es): (suite or pad number, street, city, province, postal code) Business Phone: ) Fax No for service.: ) B. _ Respondents: please check one box 0 Tenant 0 Landlord Full Name(s): Home Phone: ) Service Address(es): (suite or pad number, street, city, province, postal code) Business Phone: ) Fax No. for service: ) C.

Dispute: Please check if a manufactured home tenant 0 Please check if you have been to mediation Dispute Address: (suite or pad number, street, city, BC, postal code) An arbitrator has the authority to make decisions regarding the types of disputes listed on the reverse of this form. Please provide the

section numbers and the particulars of the claim you are seeking in the space provided below. Attach a separate sheet if needed.

Section Order or Decision requested (including itemized monetary amounts where aaplicable) • Yes • No I am requesting that the arbitrator order recovery of my filing fee from the Respondent. D. Notice: (Responsibility of Applicant to notify the Respondent" The Applicant must deliver a copy of an Application for Arbitration Hearing Letter Package to each Respondent named on the application within 3 days of the processing of this application by the Residential Tenancy Office.

Do not separate the copies of thii form or give the Respondent a copy until your application has been processed by the Residential Tenancy Office. E. Si nature: Re•uired to commence arbitration) Copy 1 & 3 to Residential Tenancy Office, Copy 2 to Respondent, Copy 4 to Applicant RT0:006 (Apr 00)

A • lications for Arbitration under the Residential Tenanc Act, RSBC 1996, Cha ter 406

Section Application for: 11 An order regarding the decoration and repair of the residential premises. or the provision of a service or facility as require law; or the payment of rent to be held in trust to cover needed repair, or an order authorizing the tenant to deduct up to a months rent for the cost of a repair, service or facility. 12 An order for a reduction in rent if the landlord fails to comply with a repair or other order under

section 11. 13

(4) An order regarding the reimbursement of costs for emergency repairs. 14

(1) An order permitting a landlord or tenant to alter a means of entrance or access to residential premises or residential prop 14

(4) A determination that access restrictions or extra charges imposed by a hotel landlord are unreasonable. 15 An order authorizing a tenant or landlord to change or refrain from changing the locks or access to residential premises. 16 An order regarding the landlord's entry into the residential premises. 17(4) An order that a tenant may assign or sublet a tenancy agreement, where it is determined that consent has been arbitraril unreasonably withheld. 18

(2) An order specifying the amount of and the effective date of a rent increase for a manufactured :ieme pad, where the disp has already been mediated by the Manufactured Home Park Dispute Resolution Committee. 22

(4) An order that a landlord retain or return some or all of a security deposit plus interest. 27 An order adjudicating a rent increase dispute; extending the time period under 25 (1)(

a) or 25 (2)(a), refusing, postponing or phasing in a rent increase, or imposing conditions on a rent increase. 29 An order that the charge for a service or facility or the value of the service or facility or its reduction in value is a rent inert 30

(2) An order that the landlord pay the tenant's actual and reasonable moving expenses, and compensate the tenant for additional expenses incurred, including rent (where notice of rent increase was given under

section 30(1)). 30

(5) An order setting aside a notice of rent increase on a manufactured home pad where the landlord gave notice with intent t evict. 35

(3) An extension of time to pay all the rent due under a tenancy agreement. 37 An order for the early end of the tenancy agreement and an order of possession for a landlord. 39 An order that the landlord pay the tenant's actual and reasonable moving expenses, and compensate the tenant for additional expenses incurred, including rent (where notice to end the tenancy was given under

section 38). 42

(4) An order amending a defective written notice to end the tenancy. 44 An order setting aside a notice to end a tenancy given by a landlord and/or extending the time in which the application foi such an order may be made. 46 An order of possession for a landlord. 47 An order of possession for a tenant. 72 An order that a party comply with a mediation agreement (for manufactured home park tenancies). 82 An order for the return of personal property wrongfully seized by the landlord for non payment of rent or, seized in satisfal of a claim or demand (unless the seizure is made under an order of the court or the authority of an enactment). 84 An order for a landlord or tenant to pay an amount in satisfaction of a claim for debt or damages against the other in resp of a right or obligation under the Act or a tenancy agreement. 88(2) An order for substituted service of any document required under the Act.

For more information contact the Residential Tenancy Office at: 310, 1190 Melville Street Vancouver, BC V6E 3W 1 Telephone: (604) 660-3456 400 - 5021 Kingsway Burnaby, BC V5H 4A5 Telephone: (604) 660-3456 Elsewhere in the Province call toll free: or Website: www.ag.gov.bc.ca/rto or 10009 - 136A Street Surrey, BC V3T 4G1 Telephone: (604) 660-3456 151 Floor, 1019 Wharf Street Victoria, BC V8W 9J8 Telephone: (250) 387-1602 201, 1726 Dolphin Avenue Kelowna, BC V1Y 9R9 Telephone: (250) 717-2000 2 -1351 Estevan Road Nanaimo, BC V9S 3Y3 Telephone: (250) 753-6149 1-800-661-4886 (for 24-hour recorded info line) 1-800-665-8779 (to speak to an Information Officer) Enquiry BC at 1-800-663-7867 RTO 006 (Apr 00)

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 730/2000
Type	order_in_council
Volume / chapter	arc oic 0730 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	805eef0d935cf65913375826e46bf7428fb17f33

Source file is stored in the law ingest library (pdf).