Interpretation

1   In this regulation:

"Act" means the Strata Property Act;

"approving officer" means an approving officer as defined in the Land Title Act;

"local government" has the same meaning as in section 1 of the Schedule to the Local Government Act;

"owner" means an owner as defined in the Land Title Act.

[am. B.C. Reg. 206/2016, Sch. 2, s. 1.]

Application

2   (1) Repealed. [B.C. Reg. 206/2016, Sch. 2, s. 2 (a).]

(2) An application under section 274 of the Act to cancel a bare land strata plan must be in the form required by the registrar, and must include

(a) the date of deposit of the plan in the land title office, its number and the description of the land within the plan,

(b) a statement as to whether the land is situated in a certain municipality or in a rural area,

(c) a statement of the improvements to and the occupation of the land in the plan,

(d) a statement of the assets, other than the common property, and the debts and liabilities of the strata corporation,

(e) proposals for the vesting or other disposition of the land in the plan, including the common property and improvements, upon cancellation,

(f) proposals for the vesting or other disposition of the assets of the strata corporation, other than the common property, upon cancellation,

(g) proposals for the winding up of the affairs of the strata corporation, including the discharge of all debts and liabilities, and

(h) the name, occupation and post office address of each owner and the description of the land owned by each owner.

(3) An application to cancel a bare land strata plan must, in addition to the documents required by section 274 of the Act, be accompanied by

(a) all documents that are required to carry out the proposals for vesting or other disposition of the land in the plan, and

(b) a copy of the notice referred to in section 2.1 of this regulation.

(4) Despite section 274 of the Act, an application to cancel a bare land strata plan need not be accompanied by a court order under section 273.1 or the written consent referred to in section 274 (c) (i) if

(a) the bare land strata plan has fewer than 5 strata lots, and

(b) the registrar considers that the interests of holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, will not be affected by the cancellation.

[am. B.C. Reg. 206/2016, Sch. 2, s. 2.]

Notice to local government

2.1   (1) An application under section 274 of the Act may not be made in relation to a bare land strata plan unless written notice is given, at least 90 days before the date of the application,

(a) if any land within the strata plan is within the jurisdiction of a local government, to the local government, and

(b) if any land within the strata plan is outside the jurisdiction of a local government, to the applicable approving officer under the Land Title Act.

(2) A notice under subsection (1) must be in Form BL-A and must

(a) state whether the owners intend to apply for subdivision of the land within the strata plan, and

(b) if the owners intend to apply for subdivision of the land within the strata plan, include a list of any common property or common assets that the owners propose to dispose to a local government or the Province.

[en. B.C. Reg. 206/2016, Sch. 2, s. 3.]

Prohibition

3   (1) Subject to subsection (2), no bare land strata plan shall be cancelled unless

(a) the documents referred to in section 2 (3) (a) comply with the requirements of the Land Title Act,

(b) the debts and liabilities of the strata corporation, other than debts held by holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, have been extinguished, and

(c) all taxes, assessments and charges levied on the owners of land within the plan have been paid.

(2) Where the documents referred to in section 2 (3) (a) include a subdivision plan, the registrar may receive but not deposit the subdivision plan prior to it being approved by an approving officer.

[am. B.C. Reg. 206/2016, Sch. 2, s. 4.]

Cancellation of plans

4   (1) Subject to subsection (2), the registrar shall, upon receipt of an application that complies with the requirements of this regulation and the Land Title Act,

(a) cancel the bare land strata plan,

(b) register the documents referred to in section 2 (3) (a), issue a new certificate of title and amend the registrar's records accordingly, and

(c) declare the strata corporation dissolved.

(2) Where an application to cancel a bare land strata plan complies with the requirements of this regulation and the Land Title Act but is accompanied by a subdivision plan that has not been approved by an approving officer, the registrar shall

(a) approve the application, subject to approval of the subdivision plan by an approving officer, and

(b) upon approval of the subdivision plan by an approving officer

(i) cancel the bare land strata plan,

(ii) register the documents referred to in section 2 (3) (a), issue a new certificate of title and amend the registrar's records accordingly, and

(iii) declare the strata corporation dissolved.

[am. B.C. Regs. 206/2016, Sch. 2, s. 5; 76/2022, s. 7.]