BILL 44 — 2022
BUILDING AND STRATA STATUTES
AMENDMENT ACT, 2022

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

Building Officials' Association Act

1 Section 9 (1) of the Building Officials' Association Act, S.B.C. 1997, c. 16, is amended

(a) by striking out "and without limitation," and substituting "and, without limitation,", and

(b) in paragraph (d) by striking out "provide for the date of and place for holding" and substituting "set the dates and, if applicable, places of".

2 Section 10 is amended

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

(a) respecting annual general meetings, special general meetings and other meetings of members, including

(i) the timing of meetings,

(ii) meeting procedures, and

(iii) providing for attendance and voting in person or by a communications medium;

(b) respecting voting by members who are not in attendance at a meeting, including voting by mail ballot or proxy; , and

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

(3) A bylaw, amendment to a bylaw or repeal of a bylaw under this section does not take effect until approved at an annual general meeting or a special general meeting by at least 3/4 of the total votes cast by eligible members in accordance with the bylaws.

3 Section 12 (2) is amended by striking out "he or she" and substituting "the person".

4 Section 13 (5) (c) is amended by striking out "in his or her possession or control" and substituting "in the possession or control of the witness, member or former member".

5 Section 14 is amended

(a) in subsection (1) (e) by striking out "his or her ability" and substituting "the ability of the member or former member",

(b) in subsection (2) (f) by striking out "on the member resuming his or her membership" and substituting "respecting the reinstatement of the member's membership", and

(c) in subsection (3) (b) by striking out "on the former member resuming his or her membership" and substituting "respecting the reinstatement of the former member's membership".

Strata Property Act

6 Section 11 (b) of the Strata Property Act, S.B.C. 1998, c. 43, is repealed.

7 Section 20 (2) (a) (iv) is amended by striking out "or section 139 of this Act".

8 Section 27 (2) (b) is amended by adding "or" at the end of subparagraph (iii), by striking out "or" at the end of subparagraph (iv) and by repealing subparagraph (v).

9 Section 45 (3) is repealed and the following substituted:

(3) Notice of an annual or special general meeting must include the following:

(a) a description of the matters that will be voted on at the meeting, including the proposed wording of any resolution requiring a 3/4 vote, 80% vote or unanimous vote;

(b) the date, time and, if applicable, place of the meeting;

(c) if attendance by telephone or other electronic means will be permitted, instructions for attending the meeting by electronic means.

10 Section 48 (3) is amended by striking out "at the same place and time but," and substituting "at the same time and, if applicable, place, but".

11 Section 49 is repealed and the following substituted:

Electronic attendance at annual and special general meetings

49 (1) If the requirements of subsection (2) are met, a strata corporation may provide for attendance and voting by telephone or other electronic means at an annual or special general meeting of the strata corporation.

(2) The requirements for the purposes of subsection (1) are as follows:

(a) the notice given under section 45 must include instructions for attending the meeting by electronic means;

(b) the electronic means must enable all persons attending the meeting to communicate with each other;

(c) the electronic means must enable the chair of the meeting to identify whether a person attending by electronic means is an eligible voter.

(3) Despite the bylaws of a strata corporation,

(a) a voting card is not required to be issued to an eligible voter attending an annual or special general meeting by electronic means, and

(b) an eligible voter attending an annual or special general meeting by electronic means is not entitled or required to vote by secret ballot.

(4) A person who attends an annual or special general meeting as provided for under subsection (1) is deemed to be present in person at the meeting.

12 Section 59 (3) (l) and (4) (c) is repealed.

13 Sections 107 (1) and 108 (4.1) are amended by striking out "his or her" and substituting "the owner's".

14 Section 121 (2) is amended

(a) by repealing paragraph (a), and

(b) in paragraph (c) by striking out "restricting" and substituting "under section 123.1 (2) that restricts".

15 Section 123 is repealed and the following substituted:

Limits to pet bylaws

123 (1) In this section, "guide dog", "retired guide or service dog team" and "service dog" have the same meaning as in the Guide Dog and Service Dog Act.

(2) A bylaw that prohibits a pet does not apply in respect of a pet living with an owner, tenant or occupant if

(a) immediately before the bylaw was passed,

(i) the pet lived with the owner, tenant or occupant, and

(ii) by living with the pet, the owner, tenant or occupant was not contravening any bylaw prohibiting a pet, and

(b) the pet continues to live with the owner, tenant or occupant after the bylaw is passed.

(3) A bylaw that prohibits a pet or other animal or that restricts the access of a pet or other animal to a strata lot or common property does not apply to

(a) a guide dog or service dog, or

(b) a dog that is a member of a retired guide or service dog team if the person who is a member of the team is an owner, tenant or occupant.

16 The following sections are added:

Age restriction bylaws

123.1 (1) The strata corporation must not pass a bylaw that restricts the age of persons who may reside in a strata lot except as permitted by subsection (2).

(2) The strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years.

Limits to age restriction bylaws

123.2 A requirement in a bylaw for one or more persons residing in a strata lot to have reached a specified age does not apply to any of the following persons:

(a) a person who meets all of the following criteria:

(i) immediately before the bylaw was passed,

(A) the person resided in the strata lot, and

(B) by residing in the strata lot, the person was not contravening any bylaw restricting the age of persons who may reside in the strata lot;

(ii) the person continues to reside in the strata lot after the bylaw is passed;

(b) a caregiver who resides in the strata lot for the purpose of providing care to another person who

(i) resides in the strata lot, and

(ii) is dependent on caregivers for continuing assistance or direction because of disability, illness or frailty;

(c) a person in a prescribed class of persons.

17 Sections 139 and 140 are repealed.

18 Section 141 is repealed and the following substituted:

No restriction of rentals by strata corporation

141 The strata corporation must not screen tenants, establish screening criteria, require the approval of tenants, require the insertion of terms in tenancy agreements or otherwise restrict the rental of a strata lot.

19 Sections 142, 143, 144 and 145 are repealed.

20 Section 148 (7) is amended by striking out "his or her" and substituting "the landlord's".

21 Section 166 (3) is amended by striking out "his or her" and substituting "the owner's".

22 Section 173 (1) (a) is amended by striking out "he or she" and substituting "the owner, tenant or other person".

23 Section 179 (6) is amended by striking out "his or her" and substituting "the party's".

24 Sections 184 (4) and 185 (1) are amended by striking out "he or she" and substituting "the arbitrator".

25 Section 292 (3) is amended

(a) by adding the following paragraph:

(a.6) prescribing classes of persons for the purposes of section 123.2 (c); , and

(b) by repealing paragraph (b).

26 The Schedule of Standard Bylaws is amended in section 4 (2) by striking out "his or her" and substituting "the tenant's".

27 The Schedule of Standard Bylaws is amended by repealing section 17 (4) (b).

Transitional Provisions

Strata Property Act transition – electronic attendance at meetings

28 (1) In this section:

"strata property meeting" means an annual or special general meeting of a strata corporation;

"transition period" means the period beginning on the date this section comes into force and ending 4 months after the date this section comes into force.

(2) Despite sections 45 and 49 of the Strata Property Act and any bylaw of a strata corporation, a strata corporation may provide for attendance and voting by telephone or other electronic means at a strata property meeting held during the transition period if the electronic means enable all persons attending the meeting to communicate with each other.

(3) A person who attends a strata property meeting as provided for under subsection (2) is deemed to be present in person at the meeting.

Strata Property Act transition – notice to end tenancy agreement

29 (1) In this section:

"effective date" means the date on which section 19 of this Act comes into force;

"former provision" means section 145 of the Strata Property Act, as it read immediately before the effective date;

"notice" means notice given by a tenant under the former provision.

(2) Subject to subsection (4), if a tenant gives notice before the effective date, the tenant may revoke the notice within 30 days after the effective date.

(3) If a tenant revokes a notice, the tenancy agreement between the tenant and the landlord has the same effect as if the notice had not been given.

(4) A tenant may not revoke a notice under subsection (2) if, before the effective date,

(a) the tenant vacated the strata lot,

(b) the landlord entered into a tenancy agreement, to begin after the tenant vacates the strata lot, with a new tenant for the strata lot, or

(c) the landlord paid reasonable moving expenses to the tenant under the former provision, unless the tenant has repaid the landlord for those expenses.

(5) If a tenant gives notice before the effective date and does not revoke the notice under subsection (2), the former provision continues to apply in relation to the tenant and the tenant's landlord.

Consequential Amendment

COVID-19 Related Measures Act

30 The COVID-19 Related Measures Act, S.B.C. 2020, c. 8, is amended by repealing item 1 of Schedule 1.

Commencement

31 This Act comes into force on the date of Royal Assent.