1994 Legislative Session: 3rd Session, 35th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.

Certified correct as passed Third Reading on the 5th day of July, 1994
Ian D. Izard, Law Clerk.


BILL 31 -- 1994


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The Municipal Act, R.S.B.C. 1979, c. 290, is amended by adding the following section:

Disposal of real property for non-profit uses

536.1 (1) Subject to the requirements of this Division and Division (3), nothing in this Act prohibits a council from selling or leasing the interest of the municipality in real property to a non-profit corporation at less than market value if private gain is absent from the purpose for which the property is to be used.

(2) A sale or lease referred to in subsection (1) may include any terms and conditions in favour of the municipality, including that a covenant under section 215 of the Land Title Act be registered against the land in favour of the municipality.

(3) Before selling or leasing an interest in real property as referred to in subsection (1), notice of the proposed disposition and the consideration to be received by the municipality for it

(a) must be posted on the notice board or usual place for publishing notices at the municipal hall, and

(b) in the case of real property on which there is a building or structure of any kind, must be published in a local newspaper at least one week but not more than 3 months before the disposition.

(4) Sections 535 and 538 do not apply to a sale or lease referred to in this section.

2 Section 734 (1) is amended

(a) by striking out "by bylaw" and substituting "by bylaw, do one or more of the following:",

(b) by striking out "and" at the end of paragraph (l), and

(c) by adding the following paragraph:

(n) require the maintenance of "residential premises" as defined in the Residential Tenancy Act that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the building code for the Province established by the minister under section 740.

Transitional: existing leases

3 Section 536.1 of the Municipal Act, as enacted by section 1 of this Act, only applies to sales and leases made after that section comes into force.

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