HONOURABLE COLIN HANSEN
MINISTER OF FINANCE AND MINISTER
RESPONSIBLE FOR THE OLYMPICS

BILL 12 — 2009

STRATA PROPERTY AMENDMENT ACT, 2009

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

SECTION 1: [Strata Property Act, section 1] adds a definition of "Provincial Court".

1 Section 1 (1) of the Strata Property Act, S.B.C. 1998, c. 43, is amended by adding the following definition:

"Provincial Court" means the Provincial Court of British Columbia; .

SECTION 2: [Strata Property Act, section 11] clarifies the manner in which resolutions requiring a 3/4 vote may be passed before the strata corporation's first annual general meeting.

2 Section 11 is repealed and the following substituted:

Passing resolutions after first conveyance

11  In the period after the first conveyance of a strata lot to a purchaser but before the first annual general meeting, the strata corporation may pass a resolution requiring a 3/4 vote as follows:

(a) for a resolution to amend the bylaws under section 127 (2) or (4) (b), the resolution may be passed in accordance with section 127 (2) or (4) (b), as applicable;

(b) for a resolution under section 139 to change a Rental Disclosure Statement, the resolution may be passed in accordance with section 139;

(c) for any other resolution requiring a 3/4 vote, the resolution must be passed by a unanimous vote at a special general meeting.

SECTION 3: [Strata Property Act, section 27] limits the strata corporation's ability to direct or restrict the council if the direction or restriction interferes with council's discretion to determine whether a person should be required to pay remedial costs or whether an owner should be exempted from a bylaw that prohibits or limits rentals.

3 Section 27 (2) (b) is amended by striking out "or" at the end of subparagraph (ii) and by adding the following subparagraphs:

(iv) whether a person should be required under section 133 (2) to pay the reasonable costs of remedying a contravention of the bylaws or rules, or

(v) whether an owner should be exempted under section 144 from a bylaw that prohibits or limits rentals.

SECTION 4: [Strata Property Act, section 32] extends the requirement for disclosure to a council member who has a direct or indirect interest in a matter and the interest could conflict with his or her duty as a council member or the matter is to be discussed by council.

4 Section 32 is repealed and the following substituted:

Disclosure of conflict of interest

32  A council member who has a direct or indirect interest in

(a) a contract or transaction with the strata corporation, or

(b) a matter that is or is to be the subject of consideration by the council, if that interest could result in the creation of a duty or interest that materially conflicts with that council member's duty or interest as a council member,

must

(c) disclose fully and promptly to the council the nature and extent of the interest,

(d) abstain from voting on the contract, transaction or matter, and

(e) leave the council meeting

(i) while the contract, transaction or matter is discussed, unless asked by council to be present to provide information, and

(ii) while the council votes on the contract, transaction or matter.

SECTION 5: [Strata Property Act, section 33] adds clarifying language.

5 Section 33 (1) is amended by striking out "section 32, the strata corporation or an owner may apply for an order under subsection (3) of this section to a court having jurisdiction" and substituting "section 32 (a), the strata corporation or an owner may apply for an order under subsection (3) of this section to the Supreme Court or the Provincial Court".

SECTION 6: [Strata Property Act, section 34.1] provides an owner or a tenant with an opportunity to request a hearing at a council meeting.

6 The following section is added:

Request for council hearing

34.1  (1) By application in writing stating the reason for the request, an owner or tenant may request a hearing at a council meeting.

(2) If a hearing is requested under subsection (1), the council must hold a council meeting to hear the applicant within 4 weeks after the request.

(3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week after the hearing.

SECTION 7: [Strata Property Act, section 35] requires a strata corporation to retain specified records.

7 Section 35 (2) is amended

(a) by repealing paragraph (i) and substituting the following:

(i) the budget and financial statement, including any related auditor's report, for the current year and for previous years; ,

(b) by repealing paragraph (n) and substituting the following:

(n) the records and documents referred to in section 20 or 23 obtained by the strata corporation; , and

(c) by adding the following paragraphs:

(n.1) any depreciation reports obtained by the strata corporation under section 94;

(n.2) any reports obtained by the strata corporation respecting repair or maintenance of major items in the strata corporation, including, without limitation, engineers' reports, risk management reports, sanitation reports and reports respecting any items for which information is, under section 94, required to be contained in a depreciation report; .

SECTION 8: [Strata Property Act, section 36] allows former owners and former tenants and persons authorized by them to review strata corporation records that relate to the period during which the former owner or tenant was an owner or tenant.

8 Section 36 is amended

(a) by adding the following subsection:

(1.1) On receiving a request from a former owner, from a former tenant referred to in subsection (1) (b) or from a person authorized in writing by the former owner or tenant, the strata corporation must, with respect to records and documents referred to in section 35 that, whenever created, relate to the period during which the former owner or tenant was an owner or tenant, make those records and documents available for inspection by, and provide copies of them to, the former owner, the former tenant or the person authorized in writing, as the case may be. , and

(b) in subsection (3) by adding ", (1.1)" after "(1)".

SECTION 9: [Strata Property Act, sections 43 and 46] reduces from 25% to 20% the number of votes required to demand a special general meeting, propose a resolution or raise a matter.

9 Sections 43 (1) and 46 (2) are amended by striking out "25%" and substituting "20%".

SECTION 10: [Strata Property Act, various sections] allows for applications under sections 52 (2), 58 (1), 59 (6), 164 (1), 165 and 173 of the Act to be made to the Provincial Court.

10 Sections 52 (2), 58 (1), 59 (6), 164 (1), 165 and 173 are amended by adding "or the Provincial Court" after "the Supreme Court".

SECTION 11: [Strata Property Act, section 53] gives the council president or, in certain circumstances, the vice president, a casting vote in the case of a tie vote, if the bylaws provide for this.

11 Section 53 is amended by adding the following subsection:

(4) Despite subsection (1), if there is a tie vote at an annual or special general meeting, the president, or, if the president is absent or unable or unwilling to vote, the vice president, may, if the bylaws so provide, break the tie by casting a second, deciding vote.

SECTION 12: [Strata Property Act, section 59] requires that an Information Certificate include information on parking stalls, storage lockers and the most recent depreciation reports.

12 Section 59 (3) is amended by adding the following paragraphs:

(l.1) which parking stalls and storage lockers, if any, have been allocated to the strata lot;

(l.2) the most recent depreciation report obtained by the strata corporation under section 94; .

SECTION 13: [Strata Property Act, section 61] allows notices to be given by email to a person who has not provided an address outside the strata plan.

13 Section 61 is amended

(a) in subsection (1) (b) by striking out "or" at the end of subparagraph (v), by adding ", or" at the end of subparagraph (vi) and by adding the following subparagraph:

(vii) by emailing it to an email address provided by the person for the purpose of receiving the notice, record or document. , and

(b) by repealing subsection (3) and substituting the following:

(3) A notice or other record or document that is given to a person under subsection (1) (a) (ii) or (b) (ii) to (vii) is conclusively deemed to have been given 4 days after it is left with an adult occupant, put under the door, mailed, put through the mail slot or in the mail box, faxed or emailed.

SECTION 14: [Strata Property Act, section 63] allows notices to be given to a strata corporation by email.

14 Section 63 is amended

(a) by repealing subsection (1) (c) and substituting the following:

(c) by faxing it or emailing it to

(i) the strata corporation using the strata corporation's fax number or email address, or

(ii) a fax number or email address provided by a council member for the purpose of receiving the notice, record or document, or , and

(b) in subsection (2) by striking out "faxed or put through the mail slot or in the mail box." and substituting "faxed, emailed or put through the mail slot or in the mail box."

SECTION 15: [Strata Property Act, section 94] requires that depreciation reports be prepared by qualified persons but allows a strata corporation to waive a requirement to obtain a particular depreciation report.

15 Section 94 is repealed and the following substituted:

Depreciation report

94  (1) In this section, "qualified person" has the meaning prescribed in the regulations.

(2) Subject to subsection (3), a strata corporation must obtain from a qualified person, on or before the following dates, a depreciation report estimating the repair and replacement cost for major items in the strata corporation and the expected life of those items:

(a) for the first time, the date that is 2 years after the coming into force of this section;

(b) if the strata corporation has, before or after the coming into force of this section, obtained a depreciation report that complies with the requirements of this section, the date that is the prescribed period after the date on which that report was obtained;

(c) if the strata corporation has, under subsection (3) (a), waived the requirement under this subsection to obtain a depreciation report, the date that is the prescribed period after the date on which the resolution waiving the requirement was passed.

(3) A strata corporation need not comply with the requirement under subsection (2) to obtain a depreciation report on or before a certain date if

(a) the strata corporation, by a resolution passed by a 3/4 vote at an annual or special general meeting within the prescribed period, waives that requirement, or

(b) the strata corporation is a member of a prescribed class of strata corporations.

(4) A depreciation report referred to in subsection (2) must contain the information set out in the regulations.

SECTION 16: [Strata Property Act, section 103] requires that financial statements be audited by qualified persons, but allows a strata corporation to waive the requirement for an audit and allows a class of strata corporations to be exempted by regulation from this requirement.

16 Section 103 is amended

(a) in subsection (3) by adding "proposed" before "budget", and

(b) by adding the following subsections:

(5) The financial statement to be distributed with the proposed budget must be audited by a qualified person in accordance with any standards prescribed for the purposes of this subsection unless

(a) the strata corporation, by a resolution passed by a 3/4 vote at an annual or special general meeting within the prescribed period, waives the requirement for the financial statement to be audited, or

(b) the strata corporation is a member of a prescribed class of strata corporations.

(6) In subsection (5), "qualified person" has the meaning prescribed in the regulations.

SECTION 17: [Strata Property Act, section 108] requires that special levy funds be accounted for separately and be invested in permitted investments, provides for interest to be paid by an owner who is late in paying a special levy and provides for proportionate repayment of excess special levy funds to current owners.

17 Section 108 is amended

(a) by repealing subsection (4) and substituting the following:

(4) The strata corporation must

(a) account for the money collected separately from other money of the strata corporation,

(b) invest all of the money collected in one or both of the following:

(i) investments permitted by the regulations;

(ii) insured accounts with savings institutions in British Columbia,

(c) use the money collected for the purpose set out in the resolution, and

(d) inform owners about the expenditure of the money collected. ,

(b) by adding the following subsections:

(4.1) A strata corporation may, by bylaw or by a resolution approving a special levy, establish a rate of interest, not to exceed the rate set out in the regulations, to be paid if an owner is late in paying his or her strata lot's share of the special levy.

(4.2) The interest payable on a late payment of a special levy in accordance with a bylaw or resolution referred to in subsection (4.1) is not a fine, and forms part of the special levy for the purposes of section 116. ,

(c) by repealing subsection (5) and substituting the following:

(5) If the money collected exceeds the amount required, or for any other reason is not fully used for the purpose set out in the resolution, the strata corporation must pay to each owner of a strata lot the portion of the unused amount of the special levy that is proportional to the contribution made to the special levy in respect of that strata lot. , and

(d) by adding the following subsection:

(7) In subsections (4) and (5), "money collected" means the money collected on a special levy and includes any interest or income earned on that money.

SECTION 18: [Strata Property Act, section 123] expressly allows for a strata corporation to pass a bylaw that restricts the age of persons who may reside in a strata lot.

18 Section 123 is amended by adding the following subsection:

(1.1) A strata corporation may pass a bylaw that restricts the age of persons who may reside in a strata lot.

SECTION 19: [Strata Property Act, section 124] provides that use of voluntary dispute resolution processes does not preclude the use of mediation and that statements and records made solely for use of voluntary dispute resolution processes may not be used in mediation.

19 Section 124 is amended

(a) in subsection (3) by striking out "arbitration." and substituting "arbitration or mediation.", and

(b) in subsection (4) by adding ", in a mediation" after "arbitration".

SECTION 20: [Strata Property Act, section 127] provides that, without a unanimous resolution, no amendments may be made to the bylaws in relation to a bare land strata plan or a strata plan in which some or all of the strata lots are residential until after the second annual general meeting, and allows bylaws to be amended in relation to a strata plan composed only of nonresidential strata lots or for a nonresidential section at any time before the second annual general meeting of the strata corporation or section respectively.

20 Section 127 is amended

(a) in subsection (1) by striking out "before the first annual general meeting unless it is approved by a resolution passed by a unanimous vote at a special" and substituting "before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special",

(b) in subsection (2) by striking out "at a special general meeting held before the first" and substituting "at an annual or special general meeting held before the second",

(c) in subsection (3) by striking out "before the first" and substituting "before the second",

(d) in subsection (3) (a) by striking out "at a special" and substituting "at an annual or special",

(e) by repealing subsection (4) (a) and substituting the following:

(a) the residential section may not amend the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting of the section, and , and

(f) in subsection (4) (b) by striking out "at a special general meeting of the section held before the first" and substituting "at an annual or special general meeting of the section held before the second".

SECTION 21: [Strata Property Act, section 128] requires the filing of an Amendment to Bylaws for an amendment to a bylaw to come into effect.

21 Section 128 (2) and (3) is repealed and the following substituted:

(2) If an amendment to a bylaw is approved, an Amendment to Bylaws that sets out that amendment and is in the prescribed form must be filed in the land title office and, until that filing, the amendment has no effect.

SECTION 22: [Strata Property Act, section 142] provides that a residential strata lot rented to an owner's family member or under an exemption is not, for the purposes of a bylaw restricting strata lot rentals, to be considered as being rented.

22 Section 142 is amended by adding the following subsection:

(4) If the bylaws of a strata corporation include a bylaw referred to in section 141 (2) (b) (i), a residential strata lot that has been rented

(a) to a member of the owner's family, or

(b) under an exemption from the bylaw granted or allowed under section 144

is not to be considered, for the purposes of that bylaw, as a residential strata lot that has been rented.

SECTION 23: [Strata Property Act, section 143] clarifies that a rental restriction bylaw enacted by an owner developer when there are no other owners is effective immediately and that, if the first purchaser of a strata lot assigned his or her interest in the strata lot without a conveyance, a rental restriction bylaw does not apply to that strata lot until the lot is conveyed by that assignee.

23 Section 143 is amended

(a) in subsection (1) by striking out "A bylaw" and substituting "Subject to subsection (3), a bylaw",

(b) by repealing subsection (2) (a) and substituting the following:

(a) the date the strata lot is conveyed by the first owner of the strata lot other than the owner developer, and , and

(c) by adding the following subsection:

(3) Subsection (1) (b) does not apply to a bylaw that is passed by the owner developer under section 8.

SECTION 24: [Strata Property Act, section 144] provides that an owner is exempted from a rental restriction bylaw if the owner applies for an exemption hearing and the strata corporation does not conduct the hearing within 4 weeks after that application.

24 Section 144 is amended

(a) in subsection (3) by striking out "3 weeks" and substituting "4 weeks", and

(b) by repealing subsection (4) and substituting the following:

(4) An exemption is allowed if

(a) the strata corporation does not give its decision in writing to the owner,

(i) if a hearing is held, within one week after the hearing, or

(ii) if no hearing is requested, within 2 weeks after the application is given to the strata corporation, or

(b) the owner requests a hearing under subsection (2) (b) and the strata corporation does not hold a hearing within 4 weeks after the date the application is given to the strata corporation.

SECTION 25: [Strata Property Act, section 173] allows a strata corporation to seek court approval for a special levy if the levy has been approved by a majority, but not by 3/4, of the votes cast on the resolution proposing the levy.

25 Section 173 is amended

(a) by renumbering the section as section 173 (1), and

(b) by adding the following subsections:

(2) If, under section 108 (2) (a),

(a) a resolution is proposed to approve a special levy to raise money for the maintenance of or repair to the common property or common assets that is necessary to ensure safety or to prevent significant loss or damage, whether physical or otherwise, and

(b) the number of votes cast in favour of the resolution is more than 1/2 of the votes cast on the resolution but less than the 3/4 vote required under section 108 (2) (a),

the strata corporation may apply to the Supreme Court or the Provincial Court, on such notice as the court may require, for an order under subsection (4) of this section.

(3) An application under subsection (2) must be made within 90 days after the vote referred to in that subsection.

(4) On an application under subsection (2), the court may approve the resolution and, in that event, the strata corporation may proceed as if the resolution had been passed under section 108 (2) (a).

SECTION 26: [Strata Property Act, section 174] provides that if a strata corporation is required to obtain owner approval before taking a step, that approval must have been obtained or must be obtained before an administrator appointed for the strata corporation may take that step.

26 Section 174 is amended by adding the following subsection:

(7) Unless the court otherwise orders, if, under this Act, a strata corporation must, before exercising a power or performing a duty, obtain approval by a resolution passed by a majority vote, a 3/4 vote or a unanimous vote, an administrator appointed under this section must not exercise that power or perform that duty unless that approval has been obtained.

SECTION 27: [Strata Property Act, section 175] provides that regulations that may be made under proposed section 292.1 of the Act apply to disputes referred to in section 177 of the Act.

27 Section 175 is amended

(a) in subsection (1) by striking out "Division applies" and substituting "Division and the regulations under section 292.1 apply", and

(b) in subsection (2) by striking out "Division does" and substituting "Division and the regulations under section 292.1 do".

SECTION 28: [Strata Property Act, section 177] adds clarifying language.

28 Section 177 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) Subject to section 178 (1), the strata corporation may refer to arbitration a dispute with an owner or tenant if the dispute concerns a matter set out in subsection (3) of this section.

(2) Subject to section 178 (1), an owner or tenant may refer to arbitration a dispute with the strata corporation or with another owner or tenant if the dispute concerns a matter set out in subsection (3) of this section. , and

(b) in subsection (3) by adding "under subsection (1) or (2)" after "referred to arbitration".

SECTION 29: [Strata Property Act, section 178] adds clarifying language.

29 Section 178 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A dispute must not be referred to arbitration under section 177 (1) or (2) once a court proceeding has been commenced in relation to the same dispute. , and

(b) in subsection (3) by striking out "The court must" and substituting "On an application for a stay under subsection (2), the court must".

SECTION 30: [Strata Property Act, sections 179 to 186] repeals provisions rendered unnecessary by the dispute resolution provisions added as proposed section 292.1 of the Act.

30 Sections 179 to 186 are repealed.

SECTION 31: [Strata Property Act, section 187] makes language in section 187 of the Act consistent with other references in the Act.

31 Section 187 is amended by striking out "the arbitrator" and substituting "an arbitrator".

SECTION 32: [Strata Property Act, section 216] provides that restrictions filed under section 206 of the Act in relation to a leasehold strata plan cease to apply when the leasehold strata plan is converted to a freehold strata plan.

32 Section 216 (1) is amended by striking out "and" at the end of paragraph (c), by adding ", and" at the end of paragraph (d) and by adding the following paragraph:

(e) any schedule of restrictions filed under section 206 is repealed and the restrictions set out in it cease to apply.

SECTION 33: [Strata Property Act, section 292] provides that the Lieutenant Governor in Council may make regulations respecting the maximum rate of interest that may be established by bylaw under section 107 (1) or 108 (4.1) of the Act, requiring the creation of a voluntary dispute resolution process and respecting qualified persons, periods, classes of strata corporations and audit standards, and removes a regulation making authority rendered unnecessary by the regulation authorities provided in proposed sections 292.1 and 292.2 of the Act as added by this Bill.

33 Section 292 is amended

(a) in subsection (2) (l) by striking out "depreciation reports,",

(b) by repealing subsection (2) (n) and substituting the following:

(n) respecting the maximum rate of interest that may be established under a bylaw or resolution referred to in section 107 (1) or 108 (4.1); ,

(c) in subsection (2) by adding the following paragraph:

(o.1) requiring strata corporations to establish a process for the voluntary resolution of disputes among owners, tenants and the strata corporation or any combination of them, including regulations respecting when a strata corporation must establish that process, regulations respecting procedures that must or may be followed in that process and regulations applying some or all of section 124 (2) to (4) in relation to that process; ,

(d) in subsection (3) by adding the following paragraphs:

(a.1) defining "qualified person" for the purposes of section 94 (1) or 103 (6);

(a.2) prescribing a period for the purposes of section 94 (2) (b) or (c) or (3) (a) or 103 (5) (a);

(a.3) prescribing classes of strata corporations for the purposes of section 94 (3) (b) or 103 (5) (b);

(a.4) prescribing information for the purposes of section 94 (4);

(a.5) prescribing standards for the purposes of section 103 (5); , and

(e) in subsection (3) by repealing paragraph (g).

SECTION 34: [Strata Property Act, sections 292.1 and 292.2] provides authority to make regulations respecting dispute resolution processes and different regulations for different situations.

34 The following sections are added:

Regulations respecting mediation and arbitration

292.1  (1) In this section, "section 177 dispute" means a dispute referred to in section 177 (3) (a), (b), (c), (d), (e) or (f).

(2) The Lieutenant Governor in Council may make regulations respecting the mediation or arbitration under this Act of section 177 disputes, including, without limitation, the following:

(a) providing when a mediation or an arbitration must, may or must not occur;

(b) respecting who must, may or must not participate in a mediation or an arbitration;

(c) without limiting paragraph (a) or (b) of this subsection, providing to a party to a section 177 dispute the ability to require the other parties to the section 177 dispute to engage in mediation or arbitration, including regulations setting out when and how that ability may be exercised and the remedies available after its exercise;

(d) respecting the qualifications required for individuals who may act as mediators or arbitrators;

(e) respecting the selection and appointment of mediators or arbitrators, including regulations respecting the involvement of organizations in that selection and appointment process and regulations authorizing a court to appoint the mediator or arbitrator;

(f) respecting the rights, powers and duties of the mediator or arbitrator and the parties to a mediation or an arbitration, including regulations respecting the orders that must or may be made by the arbitrator;

(g) respecting the fees and disbursements of the mediator or arbitrator, including regulations respecting when, by whom and on what basis those amounts are to be paid and regulations respecting the maximum amount or rate of fees and disbursements that may be charged;

(h) respecting procedures that must or may be followed before, during and after a mediation or an arbitration, including regulations respecting the time within which a person must perform a step in a procedure and regulations respecting when, to what extent and how evidence must or may be given in an arbitration by a party to a section 177 dispute or by any person who is not a party to a section 177 dispute;

(i) respecting forms that must or may be used before, during and after a mediation or an arbitration;

(j) respecting information that must, may or must not be disclosed for the purposes of a mediation or an arbitration;

(k) respecting confidentiality of information disclosed for the purposes of a mediation or an arbitration, including regulations requiring that that information be kept confidential and regulations setting out the circumstances in which that information may be further disclosed;

(l) respecting the costs and other sanctions that may be imposed or the other orders that may be made by a court in relation to a mediation or an arbitration, including regulations respecting costs, sanctions and orders in relation to any failure to

(i) participate in a mediation or an arbitration when and as required, or

(ii) otherwise comply with the regulations;

(m) respecting exemptions from mediation or arbitration, including regulations;

(i) authorizing a court to grant exemptions from participation in one or more procedures that must or may be followed before, during and after a mediation or an arbitration, and

(ii) respecting the circumstances, if any, and the manner in which a party to a section 177 dispute may be exempted from participation in one or more procedures that must or may be followed before, during and after a mediation or an arbitration;

(n) respecting the review by a registrar of a court or by any other person of the fees and disbursements of the mediator or arbitrator, including regulations respecting the powers and duties of the registrar or other person on that review and regulations respecting appeals to a court of any order, decision or direction made by the registrar or other person on that review;

(o) respecting any consents or approvals required in relation to

(i) the strata corporation's ability to initiate mediation, or

(ii) any settlement of a section 177 dispute to which the strata corporation may agree in mediation;

(p) respecting by whom and on what basis the following are to be paid:

(i) the strata corporation's mediation-related expenses;

(ii) any amount the strata corporation agrees in mediation to pay to settle a section 177 dispute;

(q) respecting the notice, records and information relating to a mediation of a section 177 dispute that must, may, need not or must not be given by a strata corporation;

(r) restricting the rights otherwise available to an owner or tenant under this Act or the bylaws to attend an annual general meeting, a special general meeting or a council meeting if mediation between the owner or tenant and the strata corporation has been initiated and has not been completed;

(s) respecting arbitrators' orders for costs, including regulations providing for references to the registrar of a court or any other person in relation to costs, regulations respecting the powers and duties of the registrar or other person on that reference and regulations respecting appeals to a court of any order, decision or direction made by the registrar or other person on that reference.

(3) A regulation made under this section may adopt by reference in whole or in part, and with any changes the Lieutenant Governor in Council considers necessary, any code, standard or rule respecting mediation or arbitration, as amended before or after the making of the regulation, whether the code, standard or rule is promulgated by any governmental authority or by any association or other body of persons.

(4) If all or part of a code, standard or rule is adopted by regulation, publication in the Gazette of a notice of the adoption referring to the code, standard or rule and stating the extent of its adoption and setting out any variations to which the adoption is subject, is deemed sufficient publication without publishing in the Gazette the text of the code, standard or rule or part of it adopted.

(5) The Lieutenant Governor in Council may make different regulations under this section for one or more of the following:

(a) different classes of section 177 disputes;

(b) different classes of persons.

(6) For the purposes of subsection (2) (o) to (r), the Lieutenant Governor in Council may make regulations providing that a provision of this Act does not apply to one or more of the parties to a mediation under this Act and prescribing circumstances in which or conditions on which the provision of this Act is disapplied under this subsection.

(7) If and to the extent that there is any conflict between a regulation made under this section and any other enactment, including, without limitation, the Law and Equity Act and the rules of any court, the regulation made under this section prevails.

Regulations may differ

292.2  Without limiting section 292 or 292.1, in making regulations under this Act, the Lieutenant Governor in Council may

(a) make different regulations for different classes of strata lots or strata corporations, and

(b) in the case of regulations that may be made respecting definitions, periods, information, standards or other matters referenced in 2 or more provisions, make different regulations for the definitions, periods, information, standards or other matters referenced in the different provisions.

SECTION 35: [Strata Property Act, Schedule of Standard Bylaws] removes from the Standard Bylaws a provision that is proposed to be added to the Act by this Bill.

35 The Schedule of Standard Bylaws is amended by repealing section 15.

SECTION 36: [Transition — bylaws] provides for situations under which, despite section 127 (1), (3) and (4) (a) of the Act as amended or substituted by this Bill, an amendment may be made to the bylaws of a strata corporation before the second annual general meeting.

Transition — bylaws

36  (1) In this section, "bylaw" and "strata corporation" have the same meanings as in the Strata Property Act.

(2) Despite section 127 (1), (3) and (4) (a) of the Strata Property Act as amended by this Act, an amendment may be made to the bylaws of a strata corporation before the second annual general meeting of the strata corporation if

(a) one of the following situations applies:

(i) the amendment to the bylaws was approved by a resolution that was passed before the coming into force of this section but the amendment had not come into effect before the coming into force of this section;

(ii) the amendment to the bylaws was proposed for an annual general meeting or a special general meeting of the strata corporation held before the second annual general meeting, notice of that meeting was given in accordance with the Strata Property Act before the coming into force of this section, the meeting is held after the coming into force of this section and the resolution approving the amendment to the bylaws is passed at that meeting, and

(b) an Amendment to Bylaws that sets out the amendment and is in the form prescribed under the Strata Property Act is filed in the land title office within one year after the coming into force of this section.

Commencement

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

 
Explanatory Notes

SECTION 1: [Strata Property Act, section 1] adds a definition of "Provincial Court".

SECTION 2: [Strata Property Act, section 11] clarifies the manner in which resolutions requiring a 3/4 vote may be passed before the strata corporation's first annual general meeting.

SECTION 3: [Strata Property Act, section 27] limits the strata corporation's ability to direct or restrict the council if the direction or restriction interferes with council's discretion to determine whether a person should be required to pay remedial costs or whether an owner should be exempted from a bylaw that prohibits or limits rentals.

SECTION 4: [Strata Property Act, section 32] extends the requirement for disclosure to a council member who has a direct or indirect interest in a matter and the interest could conflict with his or her duty as a council member or the matter is to be discussed by council.

SECTION 5: [Strata Property Act, section 33] adds clarifying language.

SECTION 6: [Strata Property Act, section 34.1] provides an owner or a tenant with an opportunity to request a hearing at a council meeting.

SECTION 7: [Strata Property Act, section 35] requires a strata corporation to retain specified records.

SECTION 8: [Strata Property Act, section 36] allows former owners and former tenants and persons authorized by them to review strata corporation records that relate to the period during which the former owner or tenant was an owner or tenant.

SECTION 9: [Strata Property Act, sections 43 and 46] reduces from 25% to 20% the number of votes required to demand a special general meeting, propose a resolution or raise a matter.

SECTION 10: [Strata Property Act, various sections] allows for applications under sections 52 (2), 58 (1), 59 (6), 164 (1), 165 and 173 of the Act to be made to the Provincial Court.

SECTION 11: [Strata Property Act, section 53] gives the council president or, in certain circumstances, the vice president, a casting vote in the case of a tie vote, if the bylaws provide for this.

SECTION 12: [Strata Property Act, section 59] requires that an Information Certificate include information on parking stalls, storage lockers and the most recent depreciation reports.

SECTION 13: [Strata Property Act, section 61] allows notices to be given by email to a person who has not provided an address outside the strata plan.

SECTION 14: [Strata Property Act, section 63] allows notices to be given to a strata corporation by email.

SECTION 15: [Strata Property Act, section 94] requires that depreciation reports be prepared by qualified persons but allows a strata corporation to waive a requirement to obtain a particular depreciation report.

SECTION 16: [Strata Property Act, section 103] requires that financial statements be audited by qualified persons, but allows a strata corporation to waive the requirement for an audit and allows a class of strata corporations to be exempted by regulation from this requirement.

SECTION 17: [Strata Property Act, section 108] requires that special levy funds be accounted for separately and be invested in permitted investments, provides for interest to be paid by an owner who is late in paying a special levy and provides for proportionate repayment of excess special levy funds to current owners.

SECTION 18: [Strata Property Act, section 123] expressly allows for a strata corporation to pass a bylaw that restricts the age of persons who may reside in a strata lot.

SECTION 19: [Strata Property Act, section 124] provides that use of voluntary dispute resolution processes does not preclude the use of mediation and that statements and records made solely for use of voluntary dispute resolution processes may not be used in mediation.

SECTION 20: [Strata Property Act, section 127] provides that, without a unanimous resolution, no amendments may be made to the bylaws in relation to a bare land strata plan or a strata plan in which some or all of the strata lots are residential until after the second annual general meeting, and allows bylaws to be amended in relation to a strata plan composed only of nonresidential strata lots or for a nonresidential section at any time before the second annual general meeting of the strata corporation or section respectively.

SECTION 21: [Strata Property Act, section 128] requires the filing of an Amendment to Bylaws for an amendment to a bylaw to come into effect.

SECTION 22: [Strata Property Act, section 142] provides that a residential strata lot rented to an owner's family member or under an exemption is not, for the purposes of a bylaw restricting strata lot rentals, to be considered as being rented.

SECTION 23: [Strata Property Act, section 143] clarifies that a rental restriction bylaw enacted by an owner developer when there are no other owners is effective immediately and that, if the first purchaser of a strata lot assigned his or her interest in the strata lot without a conveyance, a rental restriction bylaw does not apply to that strata lot until the lot is conveyed by that assignee.

SECTION 24: [Strata Property Act, section 144] provides that an owner is exempted from a rental restriction bylaw if the owner applies for an exemption hearing and the strata corporation does not conduct the hearing within 4 weeks after that application.

SECTION 25: [Strata Property Act, section 173] allows a strata corporation to seek court approval for a special levy if the levy has been approved by a majority, but not by 3/4, of the votes cast on the resolution proposing the levy.

SECTION 26: [Strata Property Act, section 174] provides that if a strata corporation is required to obtain owner approval before taking a step, that approval must have been obtained or must be obtained before an administrator appointed for the strata corporation may take that step.

SECTION 27: [Strata Property Act, section 175] provides that regulations that may be made under proposed section 292.1 of the Act apply to disputes referred to in section 177 of the Act.

SECTION 28: [Strata Property Act, section 177] adds clarifying language.

SECTION 29: [Strata Property Act, section 178] adds clarifying language.

SECTION 30: [Strata Property Act, sections 179 to 186] repeals provisions rendered unnecessary by the dispute resolution provisions added as proposed section 292.1 of the Act.

SECTION 31: [Strata Property Act, section 187] makes language in section 187 of the Act consistent with other references in the Act.

SECTION 32: [Strata Property Act, section 216] provides that restrictions filed under section 206 of the Act in relation to a leasehold strata plan cease to apply when the leasehold strata plan is converted to a freehold strata plan.

SECTION 33: [Strata Property Act, section 292] provides that the Lieutenant Governor in Council may make regulations respecting the maximum rate of interest that may be established by bylaw under section 107 (1) or 108 (4.1) of the Act, requiring the creation of a voluntary dispute resolution process and respecting qualified persons, periods, classes of strata corporations and audit standards, and removes a regulation making authority rendered unnecessary by the regulation authorities provided in proposed sections 292.1 and 292.2 of the Act as added by this Bill.

SECTION 34: [Strata Property Act, sections 292.1 and 292.2] provides authority to make regulations respecting dispute resolution processes and different regulations for different situations.

SECTION 35: [Strata Property Act, Schedule of Standard Bylaws] removes from the Standard Bylaws a provision that is proposed to be added to the Act by this Bill.

SECTION 36: [Transition — bylaws] provides for situations under which, despite section 127 (1), (3) and (4) (a) of the Act as amended or substituted by this Bill, an amendment may be made to the bylaws of a strata corporation before the second annual general meeting.