British Columbia Order in Council — Order under Residential Tenancy B (O.C. 483/2001)

O.C. 483/2001

British Columbia — Orders in Council

orney Genera and Pres Member of the Executive Council Minister Responsible for Human Rights PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 483 , Approved and Ordered APR 1 1 2001 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the advice and consent of the Executive Council, orders that the Residential Tenancy Regulation, B.C. Reg. 26/81, is repealed and the attached regulation substituted. (7'his

part is for administrative 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) (c), 66, 69 (1), 90 Other (specify):- oic 111/81 January 9, 2001 1.19 /2001/22

RESIDENTIAL TENANCY REGULATION Contents 1

Definitions

PART 1 GENERAL 2 Prescribed amount per day 3 Security deposit interest 4 Designation under

section 24 (6) of the Act 5 Notice of rent increase for manufactured home pad 6 Moving expenses 7 Limits on notice to end a residential tenancy 8 Fee for designation of arbitrator 9 Fee for a review hearing 10 Mediation fee 11 Chair may refuse to appoint dispute resolution subcommittee

PART 2 — ABANDONMENT OF PERSONAL PROPERTY 12 Abandonment of personal property 13 Powers and duties of the landlord 14 Claim for abandoned property 15 Notice and search for encumbrances 16 Encumbrances 17 Disposal of personal property 18 Public Guardian and Trustee 19 Duty of care — abandoned property

PART 3 — MANUFACTURED HOME PARKS 20

Definitions 21 Notice 22 Establishment of a local park committee 23 Who sits on a local park committee? 24 Voting at meetings of tenants and landlord 25 Term of local park committee member 26 R;:moving or replacing a local park committee member 27 Annual meeting and election 28 Notice required 29 Decisions of a local park committee 30 Local park committee may put rule to a vote by landlord and tenants of park 31 Dispute resolution 32 Notice of meetings of local park committee 33 Local park committee quorum 34 Rules and minutes 35 Tenants may attend meeting APPENDIX

Definitions 1 In this regulation "Act" means the Residential Tenancy Act. 1 of 13

PART 1 — GENERAL Prescribed amount per day 2 The prescribed amount per day for the purposes of paragraph (

b) of the definition of "hotel tenant" in

section 1 of the Act is $20. Security deposit interest 3 Pursuant to

section 23 (3) of the Act, the rate of interest that under

section 22 of the Act is payable to a tenant on a security deposit is (

a) during the 11 months commencing on February 1, 1987, 4.5% below the prime lending rate of the principal banker to the Province on January 1, 1987, compounded annually, and (

b) during the one year period commencing on January 1, 1988 and during each successive one year period beginning on January 1 in each year, 4.5% below the prime lending rate of the principal banker to the Province on the first day of that one year period, compounded annually. Designation under

section 24 (6) of the Act 4 The following persons are designated for the purposes of

section 24 (6) (

b) of the Act: (

a) the Canada Mortgage and Housing Corporation; (

b) the City of Vancouver; (

c) the City of Vancouver Public Housing Corporation; (

d) the Greater Vancouver Housing Corporation; (

e) the Capital Region Housing Corporation; (1) any housing society or non-profit municipal housing corporation that has an agreement to operate residential premises, if the rent of the premises is related to the tenant's income, with (

i) the government of British Columbia, (ii) the British Columbia Housing Management Commission, or (iii) the Canada Mortgage and Housing Corporation. Notice of rent increase for manufactured home pad 5

(1) For the purpose of

section 24 (4) of the Act, a landlord must (

a) give a tenant a notice of rent increase in the form approved by the director, and (

b) within 7 days after giving the tenant the notice of rent increase, file a copy of the notice with the director.

(2) A landlord who contravenes subsection (1) (

b) commits an offence and is liable on conviction to a penalty of $500. Moving expenses 6

(1) The maximum prescribed amount under

section 32 (3) of the Act is 15 months tent.

(2) The maximum prescribed amount under

section 38 (11) of the Act is $10 000. 2°12'13

(3) The maximum prescribed amount under

section 40 (3) of the Act is 6 months rent. Limits on notice to end a residential tenancy 7

(1) Every tenancy agreement is deemed to include these terms: (

a) the landlord may give notice under

section 38 (5) of the Act only with the prior approval, by bylaw, of the municipality in which the premises are located; (

b) provisions of the tenancy agreement are inoperative insofar as they allow the landlord to give notice under

section 38 (5) of the Act except in accordance with a bylaw described in paragraph (a); (

c) the tenancy agreement is not frustrated by the inclusion or operation of the terms described in paragraphs (

a) and (b).

(2) For the purposes of this

section "municipality" includes (

a) the City of Vancouver, and (

b) in respect of any electoral area that is not itself a municipality, the regional district within which the electoral area is located. Fee for designation of arbitrator 8 For the purpose of

section 49 (2) of the Act, the fee payable on application to the director to designate an arbitrator is . 4,'50. Fee for a review hearing 9

(1) An applicant for a review hearing under

section 59 of the Act must pay a fee of $25 to the director with the application.

(2) The director may waive payment of the fee if the director considers that the applicant cannot reasonably afford to pay the fee. Mediation fee 10 For the purposes of

section 69 (1) of the Act, the fee for mediation of a dispute by the Manufactured Home Park Dispute Resolution Committee is $50. Chair may refuse to appoint dispute resolution subcommittee 11 Foi the purposes of

section 69 (3.1) of the Act, the chair of the dispute resolution committee may refuse to appoint a dispute resolution subcommittee if (

a) the parties have already attempted to resolve the dispute through mediation or another non-binding dispute resolution process, (

b) a decision by an arbitrator or court on the dispute would clarify an important question of legal

interpretation or public policy, or (

c) it is materially impracticable or unfair to require one or more of the parties to attend at mediation. 3 ofol•

PART 2 — ABANDONMENT OF PERSONAL PROPERTY Abandonment of personal property 12

(1) A landlord may consider that a tenant has abandoned personal property if (

a) the tenant leaves the personal property in residential premises that he or she has given up possession of or that he or she has vacated after the tenancy agreement has ended or after the term of the tenancy agreement has expired, or (

b) the tenant (

i) leaves the personal property in residential premises (

A) that, for a continuous period of one month, the tenant has not ordinarily occupied and remained in possession of, and in respect of which he or she has not paid rent, or (

B) from which the tenant has removed substantially all of his or her personal property, and (ii) either (

A) gives the landlord an express oral or written notice of the tenant's intention not to return to the residential premises, or (

B) by reason of the facts and circumstances surrounding the giving up of the residential premises, could not reasonably be expected to return to the residential premises.

(2) If a landlord considers that a tenant has abandoned any personal property, the landlord may remove the personal property from the residential premises, and on removal must deal with it in accordance with the common law or with this Part. (3) Subsection (2) does not apply if a landlord and tenant have made an express agreement to the contrary respecting the storage of personal property.

(4) For the purposes of this section, "residential premises" includes an area on the residential property where a tenant has stored personal property. Powers and duties of the landlord 13

(1) If the landlord chooses to deal with the tenant's personal property in accordance with this Part, he or she must (

a) store it in a safe place and manner for a period of not less than 3 months following the date of removal, (

b) keep an inventory of the property, and (

c) keep particulars of the disposition of the property for 2 years following the date of disposition.

(2) Despite subsection (1) (a), if a landlord is entitled to remove personal property under this

section and reasonably believes (

a) the property has no value, (

b) the cost of removing, storing and selling the property would be more than the proceeds of its sale, or (

c) the storage of the property would be unsanitary or unsafe, 4 ofeil

the landlord may dispose of the property in a commercially reasonable manner. Claim for abandoned property 14

(1) If a tenant claims his or her personal property at any time before it is disposed of under

section 13 or 17, the landlord may, before returning the property, require the tenant (

a) to reimburse the landlord for his or her reasonable costs of (

i) removing and storing the property, and (ii) making an application permitted and search required to be made under

section 15, and (

b) to satisfy any amounts payable to the landlord by the tenant under this Act or the tenancy agreement.

(2) Subject to sections 15,16 and 17, if a tenant makes a claim under subsection (1), but does not pay the landlord the amount the landlord requires, as permitted under that subsection, the landlord may dispose of the property under this Part as if the tenant had not made a claim. Notice and search for encumbrances 15

(1) For the purposes of this section: "financing statement" has the same meaning as in the Personal Property Security Act, "security interest" has the same meaning as in the Personal Property Security Act, "serial number" has the same meaning as in

section 12 (3) of the Personal Property Security Regulation made under the Personal Property Security Act.

(2) Not less than 30 days before disposing of an item of personal property referred to in

section 12, the landlord must (

a) give notice of disposition to any person who (

i) has registered a financing statement in the Personal Property Registry using the name of the tenant or the serial number of the property, (ii) is registered as an owner of a manufactured home in the Manufac- tured Home Registry, if the property is a manufactured home, and (iii) to the knowledge of the landlord, claims an interest in the property, and (

h) publish an advertisement in a newspaper published in the area in which the residential premises are situated.

(3) The notice referred to in subsection (2) must contain (

a) the name of the tenant, (

b) a description of the property to be sold, (

c) the address of the residential premises, (

d) the address where the property is being stored, if other than the address referred to in paragraph (b), (

e) the name and address of the landlord, and 5 ofeit 1

(0 a statement that unless the person being notified takes possession of the property, establishes a right to possession of it or makes an application to the court to establish the right within 30 days from the date the notice is given to the person, the landlord will sell the property.

(4) The notice referred to in subsection (2) may be given in accordance with

section 72 of the Personal Property Security Act or, if it is to be given to a person who has registered a financing statement in the Personal Property Registry or who is a registered owner of a manufactured home, by registered mail addressed to the address of the person to whom it is to be given as it appears on the financing statement or in the records of the Manufactured Home Registry, as the case may be.

(5) A landlord is not required to comply with subsection (2) where the apparent value of the property is less than $200.

(6) A court may, on application, determine the value of the property for the purposes of subsection (5). Encumbrances 16

(1) When a notice referred to in

section 15 (2) has been served on a person who has a security interest or other interest that secures payment or performance of an obligation, tile tenant or other person owing payment or performance of the obligation is deemed to be in default.

(2) Before taking possession of the property, a person mentioned in subsection (1) or any other person with a right to possession of the property must pay to the landlord moving and storage charges incurred by the landlord acting under

section 13. Disposal of personal property 17

(1) If a property mentioned in

section 12 is dealt with as provided in

section 13, the landlord may dispose of it in a commercially reasonable manner unless, during the 3 months referred to in

section 13, (

a) a person referred to in

section 15 who has been given a notice as provided in that

section has taken or demanded possession of the property, (

b) a person who has an interest in the property has taken or demanded possession of the property, or (

c) a person claiming an interest in the property has made an application under subsection (5) or has brought an action to establish his or her interest in or right to possession of the goods and the landlord has been notified of the application or action.

(2) If a landlord sells personal property under subsection (1), he or she may retain proceeds of the sale sufficient to (

a) reimburse the landlord for his or her reasonable costs of (

i) removing, storing, advertising and disposing of the property, and (ii) making an application permitted and search required to be made under

section 15, and 6 of Jir 13

(

b) satisfy any amounts payable to the landlord by the tenant under this Act or a tenancy agreement, and must pay the balance to the Public Guardian and Trustee who must hold it for 2 years in trust for any person with an interest in the property.

(3) If personal property is sold in accordance with this Part, the purchaser of the personal property acquires a marketable title free of all encumbrances.

(4) A landlord of a manufactured home pad who sells an abandoned manufactured home under this Part must, on request of the purchaser, provide the purchaser with an affidavit in the form of the Appendix.

(5) On the application of an interested person, a court may make an order (

a) prohibiting or postponing disposition of the property under this

section on any conditions the court considers appropriate, (

b) determining the right of a person claiming an interest in or right to possession of the property or the right of the landlord to dispose of it, or (

c) that an action be brought r.r an issue be t:ied. Public Guardian and Trustee 18

(1) If a landlord pays money tc the Public Guardian and Trustee under

section 17, the landlord must give the Public Guardian and Trustee a copy of the inventory of the personal property disposed of and written particulars of the disposition.

(2) If a tenant or other person with an interest in the property sold under

section 17 does not claim an interest in the money paid to the Public Guardian a -id Trustee within 2 years after the payment, the money is forfeited to the government. Duty of care — abandoned property 19 When dealing with a tenant's personal property under this Part, a landlord must exercise reasonable care and caution required by the nature of the property and the circumstances to ensure that the property does not deteriorate and is not damaged, lost or stolen as a result of an inappropriate method of removal or an unsuitable place of storage. PAR' . 3 — MANUFACTURED HOME PARKS

Definitions 20 In this Part: "dispute resolution committee" means the Manufactured Home Park Dispute Resolution Committee referred to in

section 67 of the Act; "local park committee" means a local park committee referred to in

section 66 of the Act; "park" means a location at which a landlord rents or offers to rent one or more manufactured home pads; 7 of/ 3

"tenant" means a tenant in a park who has entered into a tenancy agreement with the landlord of the park. Notice 21

(1) A tenant or a member of a local park committee may request that a landlord supply a list of the names and addresses of tenants if the request is for the purpose of giving a notice under this Part.

(2) The landlord may charge a maximum of $10 for the list of tenants.

(3) The landlord must supply the list within 2 weeks of receiving the request. Establishment of a local park committee 22

(1) To establish a local park committee under

section 66 of the Act, the landlord or a tenant of a park must call a meeting of the tenants and the landlord to (

a) vote on whether to establish a local park committee, and (

b) if it is decided to establish a local park committee, to vote for the elected members of the local park committee.

(2) The person who calls the meeting must give written notice of the meeting to each tenant and to the landlord at least 2 weeks before the meeting.

(3) The notice of meeting must (

a) contain a copy of

section 66 of the Act and of

Part 3 of the regulation, (

b) set out (

i) the purpose of the meeting, and (ii) the time, date and place of the meeting, and (

c) name the person who is giving the notice.

(4) The meeting may not be held unless the landlord, and tenants representing a majority of the manufactured homes in the park, are present in person or by proxy.

(5) At the meeting (

a) the person who called the meeting must hold a vote to determine who will chair the meeting and who will keep minutes of the meeting, (

b) the elected chair must hold a vote on whether to have a local park committee and, if it is decided to have a local park committee, must hold an election For the elected members of that committee, and (

c) the person who keeps the minutes must turn them over, at the end of the meeting, to a member of the local park committee, if one has been estab- lished. 8offil

(6) If either the meeting is not held because there is no quorum or the proposal for a local park committee is defeated, 60 days must elapse before another meeting may he held to consider the establishment of a local park committee. Who sits on a local park committee? 23 A local park committee must consist of (

a) the landlord of the park or an individual nominated by the landlord, and (

b) not fewer than 2 and not more than 5 tenants who ordinarily reside in the park. Voting at meetings of tenants and landlord 24 (

I) This

section applies to a vote at a meeting to establish a local park committee under

section 22 and to a vote at an annual meeting under

section 27.

(2) A person may vote in person or by proxy.

(3) Only one tenant of each manufactured home pad is eligible to vote and only one landlord is eligible to vote.

(4) A vote must be by secret ballot if a resolution in favour of a secret ballot is passed.

(5) To decide to establish a local park committee (

a) a majority of tenants who are present in person or by proxy must vote in favour of establishing the committee, and (

b) the landlord must vote in favour of establishing the committee.

(6) To elect a member of a local park committee a majority of tenants who are present in person or by proxy must vote in favour of the election and the landlord is riot eligible to vote in the election.

(7) An abstention is not counted in determining whether there is a majority. Term of local park committee member 25

(1) The term of office of an elected local park committee member ends at the end of the annual meeting at which the new local park committee is elected.

(2) A person whose term as local park committee member has ended is eligible for reelection. Removing or replacing a local park committee member 26

(1) A member of a local park committee other than the landlord or the landlord's nominated representative may be removed for cause by the unanimous agreement of all of the remaining members of the local park committee before the expiry of his or her term of office. 9 of bi

(2) If a member of a local park committee other than the landlord or the landlord's nominated representative is removed or is unwilling or unable to act for an extended period, the remaining members of the local park committee must call a meeting of tenants to elect a replacement for the remainder of the term according to the procedure set out in

section 27 (2) to (5). Annual meeting and election 27

(1) The local park committee must hold an annual meeting to discuss park issues and to elect the elected members of the committee.

(2) The local park committee must give at least 2 weeks notice of the meeting by sending a written notice to the landlord and to each tenant.

(3) The notice must set out the purpose of the meeting, and the time, date and place of the meeting.

(4) A member of the local park committee must record the minutes of the annual meeting.

(5) The meeting may not be held unless (

a) the landlord is present in person or by proxy, and (

b) tenants of at least one third of the manufactured home pads in the park are present in person or by proxy. Notice required 28 A local park committee must give written notice to the dispute resolution committee of the names of the members of the local park committee within 30 days of their becoming members. Decisions of a local park committee 29 A local park committee must make its decisions by unanimous agreement of all members of the committee subject to

section 30 (8). Local park committee may put rule to a vote by landlord and tenants of park 30

(1) If the members of the local park committee do not agree on a proposal to make, change, repeal or replace a rule they may, by unanimous agreement, refer the proposal to a vote of the landlord and the tenants of the park.

(2) To refer the proposal to a vote of the landlord and the tenants of the park, the local park committee must deliver a written notice of the proposal to the landlord and each tenant.

(3) The notice of the proposal must (

a) advise that only one landlord may vote and only one tenant from each manufactured home pad may vote, 10 of 61

(

b) set out the proposal, (

c) include a ballot, (

d) advise that the landlord or tenant may vote by returning the enclosed ballot to the local park committee indicating whether he or she is in favour of or against the proposal, (

e) advise that a failure to vote will count as a vote in favour of the proposal, (

f) set out the address where the landlord or tenant should deliver the vote, and (

g) set out the date by which the vote must be received by the local park committee, which date must be at least 2 weeks after the notice is delivered to the tenant.

(4) The proposal passes by majority vote.

(5) An eligible voter who does not vote must be counted as voting in favour of the proposal.

(6) Only one landlord is eligible to vote and only one tenant for each manufactured home pad is eligible to vote.

(7) A person may vote in person or by proxy.

(8) A vote under this

section must be by secret ballot if a resolution in favour of a secret ballot is passed at a meeting of the local park committee by a majority vote of the members of the local park committee.

(9) The local park committee must make, change, repeal or replace a rule in accordance with a proposal that receives a majority vote under this section. Dispute resolution 31

(1) To assist in the resolution of disputes under

section 66 of the Act, the local park committee may canvass tenants for their opinions. (2) ln canvassing for opinions under subsection (1), the local park committee may not release any information concerning a particular dispute unless all the parties to the dispute agree.

(3) If a local park committee is assisting in the resolution of a dispute under

section 66 (8) of the Act and the dispute remains unresolved after being discussed at one meeting of the local park committee, the local park committee must advise the parties in dispute of the availability of mediation services provided by the dispute resolution committee. Notice of meetings of local park committee 32

(1) Any member of the local park committee may call a meeting by giving the other members at least one week's notice of the meeting.

(2) The notice does not have to be in writing. 11 of 63

(3) The meeting may be held on less than one week's notice if all members consent. Local park committee quorum 33 No business may be conducted at a meeting of a local park committee unless the following members are present: (

a) the landlord or the individual nominated by the landlord; (

b) at least 2 elected members who are tenants. Rules and minutes 34

(1) The local park committee must (

a) keep minutes of local park committee meetings and of annual meetings, and (

b) make a copy of a rule made by the local park committee and the minutes of any meeting, including the meeting establishing the local park committee, available to a landlord or tenant on request.

(2) The local park committee may charge 25 cents per page for a copy of the minutes. Tenants may attend meeting 35 Tenants may attend a meeting of the local park committee unless a member of the committee objects. 12 of 1/ii3

APPENDIX (Section 17 (4)) AFFIDAVIT OF ABANDONMENT AND SALE OF A MANUFACTURED HOME , residing at in the Province of British Columbia, MAKE OATH AND SAY AS FOLLOWS: 1 I am the landlord of manufactured home park, hereinafter referred to as "the Park". 2 A manufactured home registered in the Manufactured Home Registry under #...... ....... hereinafter referred to as "the manufactured home" and located on pad # in the Park, was left in the Park by and , tenants of the Park, in circumstances amounting to abandonment. 3 On determining that the manufactured home had been abandoned I chose to deal with it pursuant to

Part 2 of the Residential Tenancy Regulation, B.C. Reg. xxx/2000. 4 After complying with the requirements of

Part 2 of the Residential Tenancy Regulation, B.C. Reg. xxx/2000, I sold the manufactured home to and on , 20 5 This affidavit is made for the purpose of establishing that and has/have acquired a marketable title to the manufactured home, free of all encumbrances. SWORN BEFORE ME AT British Columbia this day of ,20 A Commissioner for Taking Affidavits Landlord in British Columbia 13 of 13

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 483/2001
Type	order_in_council
Volume / chapter	arc oic 0483 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	d884fd475ec4d4e21726c39bbff9a0357ebada1b

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