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"Point in Time" Regulation Content

Manufactured Home Park Tenancy Act

Manufactured Home Park Tenancy Regulation

B.C. Reg. 481/2003

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 2.1 September 11, 2023
Section 7 January 1, 2016
Section 8 January 1, 2016
July 1, 2021
Section 9 December 2, 2016
Section 20 March 11, 2021
Section 23 March 11, 2021
Section 29 March 11, 2021
Section 32 September 26, 2018
September 9, 2022
Section 32.1 September 9, 2022
Section 32.2 September 11, 2023
Section 33 December 11, 2017
Part 5.1 Section 33.1 and 33.2 June 6, 2018
Section 34 March 11, 2021
Section 36 March 11, 2021
Section 39 September 1, 2016
June 6, 2018
March 11, 2021
Section 44 March 11, 2021
Section 45 March 11, 2021
Section 46 March 11, 2021
Section 47 March 11, 2021
Section 48 March 11, 2021
Section 49 March 11, 2021
Section 51 December 11, 2017
Part 9 Section 59 and 60 March 1, 2021
Appendix September 1, 2016
Schedule Section 3 January 18, 2016
Schedule Section 5 July 1, 2021

 Section 2.1 was enacted by BC Reg 206/2023, effective September 11, 2023.

 Section 7 BEFORE (a) and (c) were amended and (b) was repealed by BC Reg 254/2015, effective January 1, 2016.

Fee for starting application for dispute resolution

7   For the purposes of section 52 (2) (c) of the Act [starting dispute resolution], an applicant for dispute resolution must pay the following fees:

(a) for an application for a rent increase above the regulated limit, $200 plus $5 for each manufactured home site, to a maximum of $500;

(b) for a monetary application if the amount sought is in excess of $5 000, $100;

(c) for any other application, $50.

[am. B.C. Reg. 234/2006, s. 1.]

 Section 8 BEFORE amended by BC Reg 254/2015, effective January 1, 2016.

Fee for application for a review hearing

8   For the purposes of section of 72 (3) (b) of the Act [application for review], an applicant for a review hearing must pay a fee of $25.

 Section 8 BEFORE amended by BC Reg 174/2021, effective July 1, 2021.

Fee for application for a review hearing

8   For the purposes of section of 72 (3) (b) of the Act [application for review], an applicant for a review hearing must pay a fee of $50.

[am. B.C. Reg. 254/2015, s. 4.]

 Section 9 (3) BEFORE repealed by BC Reg 278/2016, effective December 2, 2016.

(3) For the purposes of section 58 (3) of the Act [payment to landlord], interest is payable at the rate of 4.5% below the prime lending rate of the principal banker to the Province on the first day of each calendar year, compounded annually, on any trust account that remains open for a period longer than one year.

 Section 20 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) A member of a 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 park committee before the expiry of his or her term of office.

 Section 23 (3) (d) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

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

 Section 29 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) Prior to a person's entering into a tenancy agreement with a landlord, the landlord must disclose in writing to that person all rules in effect at the time of his or her entering into the tenancy agreement.

 Section 32 (2) BEFORE amended by BC Reg 184/2018, effective September 26, 2018.

(2) For the purposes of section 36 (1) of the Act, a landlord may impose a rent increase that is no greater than the amount calculated as follows:

inflation rate + 2 percent + proportional amount.

 Section 32 (2), (4) and (5) BEFORE repealed by BC Reg 184/2022, effective September 9, 2022.

(2) For the purposes of section 36 (1) (a) of the Act, in relation to a rent increase with an effective date on or before December 31, 2018, a landlord may impose a rent increase that is no greater than the amount calculated as follows:

inflation rate + 2% + proportional amount.

(4) If a landlord has

(a) given notice under section 35 of the Act for a rent increase with an effective date on or after January 1, 2019 before subsection (3) comes into force, and

(b) included in the notice a rent increase in an amount calculated in accordance with subsection (2) of this section,

the landlord must give a second notice, before the effective date in the notice described in paragraph (a), of the rent increase in an amount calculated in accordance with subsection (3) of this section.

(5) For certainty, the notice period in section 35 (2) of the Act does not apply to the second notice required under subsection (4) of this section.

 Section 32.1 was enacted by BC Reg 184/2022, effective September 9, 2022.

 Section 32.2 was enacted by BC Reg 207/2023, effective September 11, 2023.

 Section 33 (1) (a) BEFORE repealed by BC Reg 225/2017, effective December 11, 2017.

(a) after the rent increase allowed under section 32 [annual rent increase], the rent for the manufactured home site is significantly lower than the rent payable for other manufactured home sites that are similar to, and in the same geographic area as, the manufactured home site;

 Part 5.1, sections 33.1 and 33.2 were enacted by BC Reg 109/2018, effective June 6, 2018.

 Section 34 (1) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) the tenant leaves the personal property on a manufactured home site that he or she has vacated after the tenancy agreement has ended, or

 Section 34 (1) (b) (i) and (ii) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

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

(ii) from which the tenant has removed substantially all of his or her personal property.

 Section 36 (1) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) If a tenant claims his or her personal property at any time before it is disposed of under section 35 or 39 [disposal of personal property], the landlord may, before returning the property, require the tenant to

 Section 36 (1) (a) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

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

 Section 39 (7) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.

(7) A landlord of a manufactured home site 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.

 Section 39 (7) BEFORE amended by BC Reg 109/2018, effective June 6, 2018.

(7) A landlord of a manufactured home site who sells an abandoned manufactured home under this Part must, on request of the purchaser, provide the purchaser with a signed statement in the form of the Appendix.

 Section 39 (2) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(c) a person claiming an interest in the property has made an application under subsection (8) or has brought an action to establish his or her interest in or right to possession of the property and the landlord has been notified of the application or action.

 Section 39 (3) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

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

 Section 39 (3) (a) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

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

 Section 44 (3) (k) (iv) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(iv) the proposed purchaser's signed statement that he or she has been informed of and agrees to comply with

 Section 45 (2) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(2) If a landlord withholds his or her consent for the home owner to assign or sublet, the landlord's response must indicate

 Section 45 (2) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) the grounds under section 48 [grounds for withholding consent] on which he or she is withholding consent, and

 Section 46 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(2) The home owner is entitled to consider that consent is deemed to have been given under paragraph (1) (a) if he or she can demonstrate that the request on the landlord was served in accordance with section 81 of the Act [service of documents].

 Section 47 (2) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) the grounds under section 48 on which he or she is withholding consent, and

 Section 48 (g) (i) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(i) promptly advised the home owner of his or her inability to contact one or more of those references, and

 Section 49 (2) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(2) After an assignment takes effect, the former homeowner

 Section 49 (2) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(c) may enforce his or her rights as a tenant under the Act or the tenancy agreement relating to the period before the assignment.

 Section 51 BEFORE repealed by BC Reg 225/2017, effective December 11, 2017.

Term of sublease

51   (1) A sublease of a manufactured home site, including a manufactured home site rented under a monthly tenancy, may be for a fixed term or on a monthly basis.

(2) Despite subsection (1), a sublease is subject to the continuation of the home owner's tenancy agreement.

 Part 9, sections 59 and 60, was enacted by BC Reg 42/2021, effective March 1, 2021.

 Appendix BEFORE repealed by BC Reg 50/2016, effective September 1, 2016.

Appendix

(Section 39(7))

Affidavit of Abandonment and Sale of a Manufactured Home

I, ................................................................................................................................., 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 site #............... 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 dealt with it pursuant to Part 6 of the Manufactured Home Park Tenancy Regulation.

4 After complying with the requirements of Part 6 of the Manufactured Home Park Tenancy Regulation, 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 in British Columbia
...................................................................
Landlord

 Schedule, section 3 (1) BEFORE amended by BC Reg 223/2015, effective January 18, 2016.

(1) Any term of this tenancy agreement that prohibits, or restricts the size of, a pet or that governs the tenant's obligations regarding the keeping of a pet on the manufactured home site is subject to the rights and restrictions under the Guide Animal Act.

 Schedule, section 5 (1) BEFORE amended by BC Reg 174/2021, effective July 1, 2021.

(1) Once a year the landlord may increase the rent for the existing tenant. The landlord may only increase the rent 12 months after the date that the existing rent was established with the tenant or 12 months after the date of the last legal rent increase for the tenant, even if there is a new landlord or a new tenant by way of an assignment. The landlord must use the approved Notice of Rent Increase form available from any Residential Tenancy office or Government Agent.