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B.C. Reg. 57/98
O.C. 240/98
Deposited March 5, 1998
This consolidation is current to June 20, 2017.
Link to Point in Time

Land Tax Deferment Act

Land Tax Deferment Regulation

[includes amendments up to B.C. Reg. 109/2015, June 9, 2015]

Contents
1Definitions
1.1Person with disabilities
2Copy certified by Surveyor of Taxes to serve as agreement
3Form of agreement to defer property taxes
4Form of certification under section 2 by the Surveyor of Taxes
5Repealed
6Minimum equity required
7Form of amending agreement
8Copy certified by Surveyor of Taxes to serve as amending agreement
9Form of certification of amending agreement by the Surveyor of Taxes
10Transfer to other owner does not terminate agreement
11Registration permitted without minister's consent
Schedule

Definitions

1  In this regulation:

"Act" means the Land Tax Deferment Act;

"applicant" means a person who applies to defer property taxes.

[am. B.C. Regs. 372/2012; 109/2015, s. 1.]

Person with disabilities

1.1  (1) In this section, the "EAPD Act" means the Employment and Assistance for Persons with Disabilities Act.

(2) For the purposes of the Act, a person with disabilities is a person who

(a) is designated as a person with disabilities under section 2 of the EAPD Act, or

(b) is not designated under section 2 of the EAPD Act, but otherwise has a severe mental or physical impairment that meets the criteria set out in section 2 (2) (a) and (b) of that Act, and, for this purpose, section 2 (1) and (3) (b) of that Act apply.

(3) For the purpose of verifying that a person meets the criteria as described in subsection (2) (b), an applicant must provide to the collector of taxes a medical practitioner's written certification of the matters listed in section 2 (2) of the EAPD Act.

[en. B.C. Reg. 214/2003; am. B.C. Reg. 117/2013.]

Copy certified by Surveyor of Taxes to serve as agreement

2  For the purposes of section 7 (1) of the Act, an "agreement made under section 6" includes a copy of an agreement certified as such by the Surveyor of Taxes, whether or not that copy bears the signatures of the parties.

Form of agreement to defer property taxes

3  An agreement to defer property taxes made under section 6 of the Act must be

(a) in Form 2 of the Schedule unless paragraph (b) applies, or

(b) in Form 2A of the Schedule if the minister determines under section 6 (1) of the Act that obtaining consent to the registration of the agreement from

(i) a holder of a registered charge against the eligible property, or

(ii) a spouse, as defined in section 1 of the Land (Spouse Protection) Act, on whose behalf an entry is made under that Act

is a term of the deferral.

[en. B.C. Reg. 109/2015, s. 2.]

Form of certification under section 2 by the Surveyor of Taxes

4  Certification under section 2 by the Surveyor of Taxes must be in Form 3 of the Schedule.

[am. B.C. Reg. 325/2010, App. s. 1.]

Repealed

5  Repealed. [B.C. Reg. 176/2012, s. 1.]

Minimum equity required

6  For the purpose of section 5 (5) (a) of the Act,

(a) in respect of a deferral agreement referred to in section 5 (1) of the Act, the percentage is 75% of the deferrable value of the eligible property for the taxation year for which the application is made,

(b) in respect of a deferral agreement referred to in section 5 (2.1) of the Act, the percentage is 85% of the deferrable value of the eligible property for the taxation year for which the application is made, and

(c) in respect of a deferral agreement referred to in section 5 (2.3) of the Act, the percentage is 85% of the deferrable value of the eligible property for the taxation year for which the application is made.

[en. B.C. Reg. 79/2009, s. 2; am. B.C. Regs. 121/2010, s. 2; 176/2012, s. 2.]

Form of amending agreement

7  An amending agreement, as defined in section 7.1 (1) of the Act, must be in Form 4 of the Schedule.

[en. B.C. Reg. 325/2010, App. s. 2.]

Copy certified by Surveyor of Taxes to serve as amending agreement

8  For the purposes of section 7.2 (1) of the Act, an "amending agreement made under section 7.1" includes a copy of an amending agreement certified as such by the Surveyor of Taxes, whether or not that copy bears the signatures of the parties.

[en. B.C. Reg. 325/2010, App. s. 2.]

Form of certification of amending agreement by the Surveyor of Taxes

9  Certification under section 8 by the Surveyor of Taxes must be in Form 5 of the Schedule.

[en. B.C. Reg. 325/2010, App. s. 2.]

Transfer to other owner does not terminate agreement

10  For the purposes of section 4 (2) (b) of the Act, the prescribed circumstance is that the disposition is a transfer of a portion of an owner's interest in the eligible property described in the agreement only to one or more of the other owners of that eligible property.

[en. B.C. Reg. 109/2015, s. 3.]

Registration permitted without minister's consent

11  For the purposes of section 11 (1) (c) of the Act, a registrar may register a transfer of a portion of an owner's interest in the eligible property described in the agreement from the owner only to one or more of the other owners of that eligible property without written consent of the minister.

[en. B.C. Reg. 109/2015, s. 3.]

Schedule

[am. B.C. Regs. 325/2010, App. s. 3; 109/2015, s. 4.]

Form 2

(section 3 (section 6 (2) of the Act))

Description of property: ..............................................................................................................................

I/We, as the owner/owners of the property identified in the application (the "Property"), agree with Her Majesty the Queen in right of British Columbia (the "Province"), as represented by the minister responsible for the administration of the Land Tax Deferment Act, to defer property taxes on the Property as follows:

• I/We authorize the Province:

• to obtain the Parcel Identifier (PID) Number(s), registered owner information and legal description of the Property, or the details of the manufactured home that correspond with the Property and to endorse that information on this agreement with the intent that the endorsement will form part of this agreement, and in the case of the manufactured home, endorse the information on the financing statement,

• to obtain the value of any charges registered against the title on the Property from the registered chargeholders in order to verify the minimum equity requirements for tax deferment,

• to verify the information provided by accessing relevant records held by the Insurance Corporation of British Columbia, Home Owner Grant Administration, Land Title and Survey Authority, Personal Property Registry, Manufactured Home Registry, BC Assessment and other sources as required, and

• to register this agreement as a lien and charge against my/our interest in the Property in favour of the Province, noted on every Certificate of Title pertaining to the Property, or in the case of a manufactured home, to register a financing statement at the Personal Property Registry as a lien against my/our interest in the manufactured home in favour of the Province.

• I/We hereby agree to the following Terms and Conditions:

• I/We will repay all deferred taxes, interest, administration fees and charges accrued under this agreement that are outstanding at the date of termination of this agreement.

• I/We will notify the Province in the event of the death of an owner or when the Property is sold, transferred or otherwise disposed of.

• I/We will not assign any interest in this agreement or any right or benefits under this agreement.

• The Province will pay the property taxes to the collector of the jurisdiction in which the Property is located.

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Pursuant to the Land Tax Deferment Act, this agreement is approved.

Her Majesty the Queen in right of British Columbia, as represented by the minister responsible for the administration of the Land Tax Deferment Act.

Minister/Minister's Designate signature ....................................... Date signed ........................

Agreement Number .....................

Form 2A

(section 3 (b) (section 6 (2) of the Act))

Description of property: ..............................................................................................................................

I/We, as the owner/owners of the property identified in the application (the "Property"), agree with Her Majesty the Queen in right of British Columbia (the "Province"), as represented by the minister responsible for the administration of the Land Tax Deferment Act, to defer property taxes on the Property as follows:

• I/We authorize the Province:

• to obtain the Parcel Identifier (PID) Number(s), registered owner information and legal description of the Property, or the details of the manufactured home that correspond with the Property and to endorse that information on this agreement with the intent that the endorsement will form part of this agreement, and in the case of the manufactured home, endorse the information on the financing statement,

• to obtain the value of any charges registered against the title on the Property from the registered chargeholders in order to verify the minimum equity requirements for tax deferment,

• to verify the information provided by accessing relevant records held by the Insurance Corporation of British Columbia, Home Owner Grant Administration, Land Title and Survey Authority, Personal Property Registry, Manufactured Home Registry, BC Assessment and other sources as required, and

• to register this agreement as a lien and charge against my/our interest in the Property in favour of the Province, noted on every Certificate of Title pertaining to the Property, or in the case of a manufactured home, to register a financing statement at the Personal Property Registry as a lien against my/our interest in the manufactured home in favour of the Province.

• I/We hereby agree to the following Terms and Conditions:

• I/We will repay all deferred taxes, interest, administration fees and charges accrued under this agreement that are outstanding at the date of termination of this agreement.

• I/We will notify the Province in the event of the death of an owner or when the Property is sold, transferred or otherwise disposed of.

• I/We will not assign any interest in this agreement or any right or benefits under this agreement.

• The Province will pay the property taxes to the collector of the jurisdiction in which the Property is located.

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

I/We, as the holder of charge ................................................ registered against the title on the Property, or as the spouse on whose behalf an entry is made on the register that the Property is subject to the Land (Spouse Protection) Act, consent to the Province registering this agreement as a lien and charge against the title on the Property in favour of the Province.

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Name in full ................................................ Signature ..................................... Date signed .....................

Pursuant to the Land Tax Deferment Act, this agreement is approved.

Her Majesty the Queen in right of British Columbia, as represented by the minister responsible for the administration of the Land Tax Deferment Act.

Minister/Minister's Designate signature ......................................... Date signed .........................

Agreement Number .....................

Form 3

(section 7(1) of the Act)

I, THE SURVEYOR OF TAXES, CERTIFY THAT

• this is a copy of agreement, as that term is referred to in the Land Tax Deferment Regulation, made on .............................[date] and duly executed by the Crown in right of British Columbia as represented by the Minister of Finance and by the applicant(s), and

• the original agreement is deposited at the Tax Deferment Office and bears Agreement No. ........

SURVEYOR OF TAXESDATE SIGNED

.........................................................................................................................................................................................

Form 4

(section 7 (section 7.1 (1) of the Act))

Description of property: ..............................................................................................................................

We, the undersigned owner/owners (the "Owner") of the property identified in the application (the "Property") and the undersigned spouse (the "Spouse") of the/an Owner, acknowledge that:

• the Owner made an agreement (the "Deferment Agreement") under the Land Tax Deferment Act (the "Act"), with Her Majesty the Queen in right of British Columbia (the "Province"), as represented by the minister responsible for the administration of the Act, permitting the Owner to defer property taxes on the Property;

• the Deferment Agreement has been deposited at the Tax Deferment Office and bears Agreement Number ....................., as assigned to it by the Province;

• the Spouse is married to the Owner, .........................[name of applicable owner], or is living with that Owner in a marriage-like relationship, and has been living in that relationship for a continuous period of at least 2 years;

• the Spouse has read both the entire Deferment Agreement and the most recent statement of account setting out the amount outstanding under it;

• we have requested the minister responsible for the administration of the Act to enter into this Amending Agreement and wish to amend the Deferment Agreement to add the Spouse as a party to it.

Therefore, we agree with the Province as follows:

• The Deferment Agreement is amended to add the Spouse as a signatory to it, by adding the name of the Spouse in one of the spaces provided for an owner's name.

• The Spouse agrees to be bound by and to perform, satisfy and discharge all of the obligations, liabilities and duties under the Deferment Agreement, as hereby amended, as if he/she were an original signatory to it. Without limiting the generality of the foregoing, the Spouse, together with the Owner, shall be liable for all taxes, interest, administration fees and charges that, at any time prior to the time at which this Amending Agreement takes effect, have been or may be deferred under the Deferment Agreement.

• This Amending Agreement shall be read together with the Deferment Agreement, and we confirm that, except as modified by this Amending Agreement, all covenants, terms and conditions in the Deferment Agreement shall remain unchanged, unmodified and in full force and effect.

• This Amending Agreement will take effect when a transfer, to the Spouse, of a portion of the interest of the Owner, ........................................[name of applicable owner], is registered in the land title office or given effect by the filing of a notice of transfer under the Manufactured Home Act.

We authorize the Province to:

• obtain the Parcel Identifier (PID) Number(s), registered owner information and legal description of the Property, or the details of the manufactured home that correspond with the Property and to endorse that information on this Amending Agreement with the intent that the endorsement will form part of this Amending Agreement, and, in the case of the manufactured home, endorse the information on the financing change statement;

• register this Amending Agreement as a modification to the registered charge created when the Deferment Agreement was registered in the land title office, or, in the case of a manufactured home, to register a financing change statement amending the financing statement registered at the Personal Property Registry when the Deferment Agreement was originally made.

Owner's name in full ............................... Signature ............................ Date signed .....................

Spouse's name in full ............................... Signature ............................ Date signed .....................

Owner's Name in full (if more than one owner) ........................................ Signature ............................ Date signed .....................

Owner's Name in full (if more than one owner) ........................................ Signature ............................ Date signed .....................

Pursuant to the Land Tax Deferment Act, this Amending Agreement is approved, amending the Deferment Agreement with Agreement Number ........................

Her Majesty the Queen in right of British Columbia, as represented by the minister responsible for the administration of the Land Tax Deferment Act.

Minister/Minister's Designate signature ............................ Date signed .....................

Form 5

(section 8)

I, THE SURVEYOR OF TAXES, CERTIFY THAT

• this is a copy of amending agreement, as that term is referred to in the Land Tax Deferment Regulation, made on .............................[date] and duly executed by the Crown in right of British Columbia as represented by the Minister of Finance and by the applicants, and

• the amending agreement amends the original agreement deposited at the Tax Deferment Office that bears Agreement No. .............. and registered in the applicable land title office as charge number................. in favour of the Crown.

SURVEYOR OF TAXESDATE SIGNED
.............................................................................................................................................

[Provisions relevant to the enactment of this regulation: Land Tax Deferment Act, R.S.B.C. 1996, c. 249, sections 6, 11 and 18]