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 28 -- 1994


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

1 Section 215 of the Land Title Act, R.S.B.C. 1979, c. 219, is amended

(a) by repealing subsection (1.1) (e),

(b) by adding the following subsections:

(1.2) A covenant described in subsection (1.3) in favour of

(a) the Crown or a Crown corporation or agency,

(b) a municipality, regional district or local trust committee under the Islands Trust Act, or

(c) any person designated by the Minister of Environment, Lands and Parks on terms and conditions he or she thinks proper, as covenantee, may be registered against the title to the land subject to the covenant and, subject to subsections (7) and (8), is enforceable against the covenantor and the successors in title of the covenantor even if the covenant is not annexed to land owned by the covenantee.

(1.3) A covenant registrable under subsection (1.2) may be of a negative or positive nature and may include one or more of the following provisions:

(a) any of the provisions under subsection (1.1);

(b) that land or a specified amenity in relation to it be protected, preserved, conserved, maintained, enhanced, restored or kept in its natural or existing state in accordance with the covenant and to the extent provided in the covenant.

(1.4) For the purpose of subsection (1.3) (b), "amenity" includes any natural, historical, heritage, cultural, scientific, architectural, environmental, wildlife or plant life value relating to the land that is subject to the covenant. ,

(c) in subsection (2) by striking out "under subsection (1)" and substituting "under this section",

(d) in subsection (5) by striking out "A charge registered under subsection (1) may be" and substituting "A covenant registrable under this section may be",

(e) in subsection (6) by striking out "under subsection (1)" and substituting "under this section", and

(f) by adding the following subsections:

(7) On the death or dissolution of an owner of a covenant registrable under subsection (1.2) (c), the covenant ceases to be enforceable by any person, including the Crown, other than

(a) another covenantee named in the instrument creating the covenant, or

(b) an assignee of a covenantee if the assignment has been approved in writing by the Minister of Environment, Lands and Parks.

(8) If a covenantee or assignee referred to in subsection (7) is a corporation that has been dissolved and subsequently restored into existence under an enactment of British Columbia, the covenant continues to be enforceable by the restored corporation from the date of its restoration.

(9) A recital in a covenant that a person "has been designated by the Minister of Environment, Lands and Parks under section 215 (1.2) (c) of the Land Title Act", or a statement to that effect in the application to register the covenant, is sufficient proof to a registrar of that fact.

Transitional: covenants

2 Every covenant entered into by the Crown, the British Columbia Heritage Trust or a council under the Heritage Conservation Act that has been registered in the land title office is hereby continued as if it were entered into under section 215 of the Land Title Act, as amended by section 1 of this Act.

Consequential Amendments

Assessment Act

3 Section 26 of the Assessment Act, R.S.B.C. 1979, c. 21, is amended by adding the following subsection:

(3.5) In determining actual value, the assessor shall give consideration to any terms or conditions contained in a covenant registered under section 215 of the Land Title Act.

Heritage Conservation Act

4 Section 27 of the Heritage Conservation Act, R.S.B.C. 1979, c. 165, is repealed.

Property Transfer Tax Act

5 Section 5.2 (1) (b) (i) of the Property Transfer Tax Act, S.B.C. 1987, c. 15, is amended by striking out "described in section 215 (1.1) (e)" and substituting "described in section 215 (1.3) (b)".


6 This Act comes into force by regulation of the Lieutenant Governor in Council.

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