British Columbia Gazette Part II — B.C. Reg. 325/2010
B.C. Reg. 325/2010
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Volume 53, No. 23
B.C. Reg. 325/2010
The British Columbia Gazette,
Part II
November 30, 2010
B.C. Reg. 325/2010 , deposited November 19, 2010, pursuant to the FINANCE STATUTES AMENDMENT ACT (No. 2), 2010 [Section 83] and the LAND TAX DEFERMENT ACT [Section 18]. Order in Council 719/2010, approved and ordered November 18, 2010.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that
(
a) sections 62 to 64 and 68 of the Finance Statutes Amendment Act (No. 2), 2010 , S.B.C. 2010, c. 18, are brought into force, and
(
b) the Land Tax Deferment Regulation, B.C. Reg. 57/98, is amended as set out in the attached Appendix.
— C. HANSEN, Minister of Finance and Deputy Premier ; M. POLAK, Presiding Member of the Executive Council .
Appendix
Section 4 of the Land Tax Deferment Regulation, B.C. Reg. 57/98, is amended by adding " under
section 2 " after " Certification ".
2 The following sections are added:
Form of amending agreement
7 An amending agreement, as defined in
section 7.1 (1) of the Act, must be in Form 4 of the Schedule.
Copy certified by Surveyor of Taxes to serve as amending agreement
8 For the purposes of
section 7.2 (1) of the Act, an "amending agreement made under
section 7.1" includes a copy of an amending agreement certified as such by the Surveyor of Taxes, whether or not that copy bears the signatures of the parties.
Form of certification of amending agreement by the Surveyor of Taxes
9 Certification under
section 8 by the Surveyor of Taxes must be in Form 5 of the Schedule.
3 The
Schedule is amended
(
a) by repealing Form 2 and substituting the attached Form 2, and
(
b) by adding the attached Form 4 and Form 5.
Form 2
[section 3 (section 6 (2) of the Act)]
Description of property: ..............................................................................................................................
I/We, as the owner/owners of the property identified in the application (the "Property"), agree with Her Majesty the Queen in right of British Columbia (the "Province"), as represented by the minister responsible for the administration of the Land Tax Deferment Act , to defer property taxes on the Property as follows:
I/We authorize the Province:
to obtain the Parcel Identifier (PID) Number(s), registered owner information and legal description of the Property, or the details of the manufactured home that correspond with the Property and to endorse that information on this agreement with the intent that the endorsement will form part of this agreement, and in the case of the manufactured home, endorse the information on the financing statement,
to obtain the value of any charges registered against the title on the Property from the registered chargeholders in order to verify the minimum equity requirements for tax deferment,
to verify the information provided by accessing relevant records held by the Insurance Corporation of British Columbia, Home Owner Grant Administration, Land Title and Survey Authority, Personal Property Registry, Manufactured Home Registry, BC Assessment and other sources as required, and
to register this agreement as a lien and charge against my/our interest in the Property in favour of the Province, noted on every Certificate of Title pertaining to the Property, or in the case of a manufactured home, to register a financing statement at the Personal Property Registry as a lien against my/our interest in the manufactured home in favour of the Province.
I/We will repay all deferred taxes, interest, administration fees and charges accrued under this agreement that are outstanding at the date of termination of this agreement.
I/We will notify the Province in the event of the death of an owner or when the Property is sold, transferred or otherwise disposed of.
I/We will not assign any interest in this agreement or any right or benefits under this agreement.
The Province will pay the property taxes to the collector of the jurisdiction in which the Property is located.
Name in full ................................................ Signature ..................................... Date signed .....................
Name in full ................................................ Signature ..................................... Date signed .....................
Name in full ................................................ Signature ..................................... Date signed .....................
Name in full ................................................ Signature ..................................... Date signed .....................
Name in full ................................................ Signature ..................................... Date signed .....................
Name in full ................................................ Signature ..................................... Date signed .....................
Pursuant to the Land Tax Deferment Act , this agreement is approved.
Her Majesty the Queen in right of British Columbia, as represented by the minister responsible for the administration of the Land Tax Deferment Act .
Minister/Minister's Designate signature ....................................... Date signed ........................
Agreement Number .....................
Form 4
[section 7 (section 7.1 (1) of the Act)]
Description of property: ..............................................................................................................................
We, the undersigned owner/owners (the "Owner") of the property identified in the application (the "Property") and the undersigned spouse (the "Spouse") of the/an Owner, acknowledge that:
the Owner made an agreement (the "Deferment Agreement") under the Land Tax Deferment Act (the "Act"), with Her Majesty the Queen in right of British Columbia (the "Province"), as represented by the minister responsible for the administration of the Act, permitting the Owner to defer property taxes on the Property;
the Deferment Agreement has been deposited at the Tax Deferment Office and bears Agreement Number ....................., as assigned to it by the Province;
the Spouse is married to the Owner, ......................... [name of applicable owner] , or is and, for a continuous period of at least two years, has been living and cohabiting with that Owner in a marriage-like relationship;
the Spouse has read both the entire Deferment Agreement and the most recent statement of account setting out the amount outstanding under it;
we have requested the minister responsible for the administration of the Act to enter into this Amending Agreement and wish to amend the Deferment Agreement to add the Spouse as a party to it.
Therefore, we agree with the Province as follows:
The Deferment Agreement is amended to add the Spouse as a signatory to it, by adding the name of the Spouse in one of the spaces provided for an owner's name.
The Spouse agrees to be bound by and to perform, satisfy and discharge all of the obligations, liabilities and duties under the Deferment Agreement, as hereby amended, as if he/she were an original signatory to it. Without limiting the generality of the foregoing, the Spouse, together with the Owner, shall be liable for all taxes, interest, administration fees and charges that, at any time prior to the time at which this Amending Agreement takes effect, have been or May be deferred under the Deferment Agreement.
This Amending Agreement will take effect when a transfer, to the Spouse, of a portion of the interest of the Owner, ............................... [name of applicable owner] , is registered in the land title office or given effect by the filing of a notice of transfer under the Manufactured Home Act .
We authorize the Province to:
obtain the Parcel Identifier (PID) Number(s), registered owner information and legal description of the Property, or the details of the manufactured home that correspond with the Property and to endorse that information on this Amending Agreement with the intent that the endorsement will form part of this Amending Agreement, and, in the case of the manufactured home, endorse the information on the financing change statement;
register this Amending Agreement as a modification to the registered charge created when the Deferment Agreement was registered in the land title office, or, in the case of a manufactured home, to register a financing change statement amending the financing statement registered at the Personal Property Registry when the Deferment Agreement was originally made.
Owner's name in full ............................... Signature ............................ Date signed .....................
Spouse's name in full ............................... Signature ............................ Date signed .....................
Owner's Name in full (if more than one owner) ........................................ Signature ............................
Date signed .....................
Owner's Name in full (if more than one owner) ........................................ Signature ............................
Date signed .....................
Pursuant to the Land Tax Deferment Act , this Amending Agreement is approved, amending the Deferment Agreement with Agreement Number ........................
Her Majesty the Queen in right of British Columbia, as represented by the minister responsible for the administration of the Land Tax Deferment Act .
Minister/Minister's Designate signature ............................ Date signed .....................
Form 5
[section 8]
I, THE SURVEYOR OF TAXES, CERTIFY THAT
this is a copy of amending agreement, as that term is referred to in the Land Tax Deferment Regulation, made on ............................. [date] and duly executed by the Crown in right of British Columbia as represented by the Minister of Finance and by the applicants, and
the amending agreement amends the original agreement deposited at the Tax Deferment Office that bears Agreement No. .............. and registered in the applicable land title office as charge number................. in favour of the Crown.
SURVEYOR OF TAXES ....................................................................................
DATE SIGNED .........................................................
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