Definitions

1   For the purpose of this order, unless the context otherwise requires:

"Board of Commissioners" or "commissioners" mean the incumbent members of the commission appointed by the Lieutenant Governor in Council pursuant to section 2 of this order;

"minister" means the minister responsible for sections 5 (c), 8.1 and 10 of the Ministry of Lands, Parks and Housing Act;

"housing" includes any structures, buildings, lands, improvements and space suitable or capable of being made suitable for human habitation or accommodation, and also includes public housing referred to in section 11 of the Housing Act.

[am. B.C. Reg. 156/2008, s. 2.]

Members of commission

2   (1) The members of the commission shall be such number of persons as are appointed for that purpose by the Lieutenant Governor in Council upon the recommendation of the minister.

(2) The members of the commission appointed under subsection (1) shall be appointed during pleasure.

(3) The Lieutenant Governor in Council may appoint a member of the commission as chair.

(4) to (6) Repealed. [B.C. Reg. 478/83.]

[am. B.C. Regs. 478/83; 156/2008, s. 3.]

Powers of commission

3   For the purposes of the Housing Act, any enactment and any Act of Canada, the commission may, in its own name,

(a) manage housing and developments that include housing made available to it under agreements with the minister or under agreements between the Government of Canada and the Government of British Columbia or their agents,

(b) acquire, construct, repair, manage, renovate and maintain housing and developments that include housing,

(b.1) acquire, develop, manage and dispose of land and improvements that include housing or are intended to be used for housing,

(c) acquire supplies and equipment and maintain and repair the supplies and equipment necessary to the management of housing and developments that include housing administered by it,

(d) purchase or otherwise acquire, lease, sublease and dispose of real property and premises as may be necessary for its administration and operations,

(e) enter into collective bargaining and conclude collective agreements with its employees,

(f) administer rent supplement and other housing assistance programs under the direction and with the approval of the minister,

(f.1) borrow money from Her Majesty the Queen in Right of the Province represented by the Minister of Finance on the terms agreed to by the commission and that minister,

(f.2) make loans and grants of money to societies, first nations or entities controlled by first nations, public housing corporations or housing co-operatives incorporated under the laws of British Columbia or of Canada for the purpose of facilitating projects to build or to repair housing and developments that include housing intended for sale or rent to low, moderate and middle income households,

(f.3) make a loan of money to a person, other than a person referred to in paragraph (f.2), for the purpose of facilitating a project, or a portion of a project, that is dedicated exclusively to building or repairing housing or developments that include housing intended for sale or rent to low, moderate or middle income households on the conditions that

(i) it is a term of the loan that the money be used only for that project or portion, and

(ii) a mortgage securing the amount of the loan

(A) is registered in the land title office as a charge against the title to the land on which the housing or developments that include housing are or will be located, and

(B) has a priority equal to or greater than the registered interest of any other lender to the project,

(f.4) provide social or other services to a person for the purposes set out in section 10 (3) (b) (i) of the Act, including, without limitation, the following services:

(i) assisting persons to access social programs, including income assistance, disability benefits, housing resources, health services and counselling and addiction services;

(ii) assisting persons with financial, medication and household management;

(iii) personal services, including laundry, storage and food services;

(iv) providing and assisting persons to access education and employment-related training,

(f.5) make a loan or grant of money to an individual for the purpose of assisting the individual to purchase, for the first time, a principal residence, the loan or grant being made on terms and conditions established by the commission, which must include the following conditions:

(i) it is a term of the loan or grant that the money may be used only for the purchase of that residence or costs related to the purchase as identified by the commission;

(ii) for a loan of more than $10 000, a mortgage securing the amount of the loan

(A) is registered in the land title office as a charge against the fee simple or leasehold interest of the individual in the land on which the residence is or will be located, and

(B) is no less than second in priority to any other financial charge against the interest of the individual in the land,

(f.6) make a loan or grant of money to a person for the purpose of modifying or adapting a residence to improve accessibility or to assist an occupant of the residence to live independently,

(f.7) make a loan or grant of money to an individual for the purpose of assisting the individual to build or repair one or more affordable long-term rental housing units situated on land on which the individual's primary residence is located, the loan or grant being made on terms and conditions established by the commission, including, in the case of a loan, a condition that a mortgage securing the amount of the loan be registered as a charge against the fee simple or leasehold interest of the individual in the land on which the residence is located,

(g) do such other things not inconsistent with this order as it considers necessary or advisable for carrying out its purpose and powers, and

(h) without restricting the generality of the foregoing, carry on all activities under this section hitherto carried on by the commission prior to the coming into force of this order.

[am. B.C. Regs. 331/89; 426/95; 368/2000; 156/2008, s. 4; 160/2008; 323/2016, Sch.; 30/2024.]

Powers and duties of Board

4   (1) The Board of Commissioners shall manage the affairs of the commission or supervise the management of those affairs and may

(a) exercise the powers conferred upon it by and under this order,

(b) exercise the powers of the commission on behalf of the commission, and

(c) delegate the exercise or performance of any power or duty conferred or imposed upon it to any person employed by the commission.

(2) The Board of Commissioners may pass such resolutions as it considers necessary or advisable for the management and conduct of the affairs of the commission and the exercise of it powers or duties including, without limiting the generality of the foregoing, resolutions respecting the calling and holding of meetings of the Board of Commissioners and the procedure to be followed at the meetings.

(3) A majority of the Board of Commissioners for the time being holding office constitutes a quorum at meetings of the Board of Commissioners, and the affirmative votes of the majority of the Board of Commissioners present at a meeting at which a quorum is present are sufficient to pass any bylaw or resolution.

(4) A resolution in writing, signed by all the commissioners, is as valid and effective as if it had been passed at a meeting of the Board of Commissioners duly called and constituted.

(5) The chair shall be the convener of and preside at all meetings of the Board of Commissioners and shall have such further powers and duties as may be provided by bylaw or resolution.

(6) The chair may appoint, from among the Board of Commissioners, a vice-chair who, in the absence of the chair, shall have the chair's rights, powers and duties.

[am. B.C. Reg. 156/2008, s. 5.]

Chief executive officer, officers and employees

5   (1) The Board of Commissioners shall appoint a chief executive officer to hold office during pleasure.

(2) The Board of Commissioners shall define the duties of the chief executive officer.

(3) The Board of Commissioners, or, if authorized by the Board of Commissioners, the chief executive officer, may appoint such officers, employees and agents as it or the chief executive officer considers necessary to carry on the business and operations of the commission, and may fix their term of office or employment, terminate appointments or remove or suspend them, reappoint or reinstate them, fix their remuneration and vary or terminate it, appoint others in their place and stead or to act in their place and stead, appoint others as their deputies, define their duties and provide a system of organization to fix responsibility and promote efficiency.

(4) The Public Service Act does not apply to the officers and employees of the corporation.

[am. B.C. Regs. 156/2008, s. 6; 76/2022, s. 6.]

Home office

6   The home office of the commission shall be located in the Province of British Columbia.

[am. B.C. Reg. 156/2008, s. 7.]

Financial records

7   (1) The commission shall establish and maintain an accounting system satisfactory to the minister, and shall, whenever required by the minister, render detailed accounts of its revenues and expenditures for such period or to such day as the minister may designate.

(2) All books or records of accounts, documents and other financial records shall at all times be open for inspection by the minister or such other person as the minister may designate.

(3) The fiscal year end of the commission shall be March 31 in each year unless altered by resolution of the Board of Commissioners and approved by the minister.

(4) Repealed. [B.C. Reg. 156/2008, s. 8 (b).]

(5) Not later than 120 days from the last day of the fiscal year end of the commission, the chair shall present to the minister a financial statement for such fiscal year, duly audited by an independent auditor, together with a report of the operation of the commission for such fiscal year.

(6) The commission shall maintain such records on program activities as deemed necessary by the minister or a person designated by the minister, and shall present such records to the minister or the minister's designee as requested.

[am. B.C. Regs. 156/2008, s. 8; 76/2022, ss. 6 to 8.]

Investment powers

8   The commission may invest or loan the funds not otherwise required for the purposes of the commission or any portion thereof in those investments or loans in which trustees may by law invest trust funds and in such other securities as are authorized by the Lieutenant Governor in Council.

Additional borrowing powers

9   (1) In addition to any borrowing power under section 3 (f.1) or any other enactment of the Province or of Canada, but subject to the approval of the minister, the commission may, to a maximum aggregate at any time of a net sum of $10 000 000, after payment of discount, commission brokerage and all other expenses on all loans, borrow such sums of money as it may consider necessary or advisable for the purpose of carrying out any of its purposes or for the exercise of any power, right, function or duty conferred or imposed on it under this or any other enactment or Act of Canada, and may issue notes bearing interest at such rates and payable as to principal and interest in such currencies and at such places and at such times and in such manner as the commission may determine.

(2) The commission may borrow funds under this section only from a bank, trust company or credit union incorporated under the laws of Canada or a province or territory thereof.

[am. B.C. Regs. 331/82; 206/92, s. 1; 156/2008, s. 9.]

Repealed

9.1   Repealed. [B.C. Reg. 156/2008, s. 10.]

Bond may be required

10   The commission may require a bond under the Bonding Act from such of its officers and employees as it may designate.

Application of Business Corporations Act

11   Sections 31, 142 (3), 143 to 145, 147 to 153 and 193 of the Business Corporations Act are incorporated by reference into this order as if set out in full and shall apply mutatis mutandis to the commission and the Board of Commissioners, except in so far as any of them are varied by or inconsistent with or repugnant to the provisions of this order, in which case the provisions of this order shall prevail to the extent of such variation, inconsistency or repugnancy.

[am. B.C. Reg. 156/2008, s. 11.]

Liability of Board limited

12   No commissioner and no person acting under the authority of the Board of Commissioners is personally liable for loss or damage suffered by a person by reason of anything in good faith done or omitted to be done in the exercise of a power given hereunder, or under any enactment or Act of Canada.

Commission's assets and liabilities continued

13   All the property, real and personal, and whether in possession or in action, including the benefit under any contract, lease or agreement whatsoever, of the commission prior to the coming into force of this order shall continue to be the property of the commission continued by this order, and all the debts, liabilities, obligations and covenants of the commission made prior to the coming into force of this order shall be assumed, paid, discharged or performed by the commission continued by this order.