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“Point in Time” Act Content

MANUFACTURED HOME PARK TENANCY ACT

[SBC 2002] CHAPTER 77

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to present)
SECTIONEFFECTIVE DATE
1October 1, 2006
 October 1, 2006
 October 1, 2006
 December 11, 2017
 December 11, 2017
3October 1, 2006
5.1November 30, 2017
6October 1, 2006
 December 1, 2007
9October 1, 2006
 November 30, 2017
 November 30, 2017
 November 30, 2017
9.1October 1, 2006
11October 1, 2006
13December 11, 2017
 December 11, 2017
14October 1, 2006
18January 18, 2016
23October 1, 2006
24October 1, 2006
25October 1, 2006
27October 1, 2006
28October 1, 2006
 October 1, 2006
 October 1, 2006
35December 11, 2017
36October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
37October 1, 2006
 October 1, 2006
 December 11, 2017
 December 11, 2017
38October 1, 2006
39October 1, 2006
 October 1, 2006
40October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
41October 1, 2006
 October 1, 2006
42October 1, 2006
 October 1, 2006
 June 6, 2018
43June 6, 2018
44June 6, 2018
 June 6, 2018
44.1June 6, 2018
47October 1, 2006
 October 1, 2006
48October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
 December 18, 2015
 December 11, 2017
 December 11, 2017
49October 1, 2006
 October 1, 2006
49.1October 1, 2006
50July 1, 2010
Part 6, Division 1, hdgOctober 1, 2006
51October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
 March 18, 2013
 December 18, 2015
52October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
 November 30, 2017
53October 1, 2006
54October 1, 2006
55October 1, 2006
56October 1, 2006
 October 1, 2006
57October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
 November 30, 2017
58October 1, 2006
59October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
60October 1, 2006
61October 1, 2006
62October 1, 2006
63October 1, 2006
64October 1, 2006
 October 1, 2006
 October 1, 2006
65October 1, 2006
 October 1, 2006
66October 1, 2006
67October 1, 2006
 October 1, 2006
 October 1, 2006
68October 1, 2006
69October 1, 2006
70October 1, 2006
 October 1, 2006
 October 1, 2006
 November 30, 2017
 November 30, 2017
71October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
Part 6, Division 1.1, s. 71.1October 15, 2004
Part 6, Division 1.1, hdgNovember 30, 2017
71.1October 1, 2006
 October 18, 2007
 November 30, 2017
72October 1, 2006
 October 1, 2006
73October 1, 2006
74October 1, 2006
 October 1, 2006
 October 1, 2006
 October 1, 2006
75October 1, 2006
 October 1, 2006
76October 1, 2006
Part 6, Division 3, hdgOctober 1, 2006
77October 1, 2006
 October 1, 2006
77.1October 15, 2004
 October 1, 2006
78October 1, 2006
 October 1, 2006
79February 13, 2004
79.1February 13, 2004
79.2February 13, 2004
79.3February 13, 2004
80October 15, 2004
Part 6, Division 4, ss. 79 to 80October 1, 2006
Part 6.1, ss. 80.1 and 80.2November 30, 2017
80.3November 30, 2017
80.4November 30, 2017
80.5November 30, 2017
80.6 and 80.7November 30, 2017
80.8November 30, 2017
80.9November 30, 2017
81October 1, 2006
 November 2, 2017
82October 1, 2006
 October 1, 2006
 October 1, 2006
 June 25, 2010
 November 30, 2017
83November 2, 2017
 November 30, 2017
84December 1, 2007
Part 7, Division 2.1, ss. 86.1 to 86.31March 10, 2008
Part 7, Division 2.1, hdgNovember 30, 2017
86.1November 30, 2017
86.11November 30, 2017
86.2November 30, 2017
86.21November 30, 2017
86.3November 30, 2017
86.31November 30, 2017
 November 30, 2017
87October 1, 2006
 October 1, 2006
 October 1, 2006
88.1October 1, 2006
 November 30, 2017
89October 1, 2006
 October 1, 2006
 March 10, 2008
 November 30, 2017
 December 11, 2017
 June 6, 2018
92October 1, 2006
93October 1, 2006
94February 13, 2004
 October 1, 2006
96November 23, 2007
96.1October 1, 2006
96.2December 11, 2017

  Section 1 definitions of "arbitration" and "arbitrator" BEFORE repealed by 2006-35-1(a), effective October 1, 2006 (BC Reg 234/2006).

"arbitration" means an arbitration started by application under section 52 [starting arbitration proceedings];

"arbitrator" means an arbitrator appointed under section 79 (1) [appointment of arbitrators];

  Section 1 definition of "director" BEFORE amended by 2006-35-1(a), effective October 1, 2006 (BC Reg 234/2006).

"director" means the director appointed under section 8 [appointment of director];

  Section 1 definitions of "application for dispute resolution" and "dispute resolution proceeding" were added by 2006-35-1(b), effective October 1, 2006 (BC Reg 234/2006).

  Section 1 definitions of "float home" and "sublease agreement" were added by 2017-18-1(a), effective December 11, 2017 (BC Reg 225/2017).

  Section 1 definition of "manufactured home" BEFORE amended by 2017-18-1(b), effective December 11, 2017 (BC Reg 225/2017).

"manufactured home" means a structure, whether or not ordinarily equipped with wheels, that is

(a) designed, constructed or manufactured to be moved from one place to another by being towed or carried, and

(b) used or intended to be used as living accommodation;

  Section 3 BEFORE amended by 2006-35-2, effective October 1, 2006 (BC Reg 234/2006).

3  A person who has not reached 19 years of age may enter into a tenancy agreement as a tenant, and the agreement and this Act and the regulations are enforceable by and against the person despite section 19 of the Infants Act.

  Section 5.1 was renumbered from section 71.1 by 2017-18-11, effective November 30, 2017 (Royal Assent).

  Section 6 (2) BEFORE amended by 2006-35-3, effective October 1, 2006 (BC Reg 234/2006).

(2)  A landlord or tenant may apply for arbitration if the landlord and tenant cannot resolve a dispute referred to in section 51 (1) [arbitration of disputes].

  Section 6 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  The rights, obligations and prohibitions established by or under this Act are enforceable between a landlord and tenant under a tenancy agreement.

  Section 9 BEFORE re-enacted by 2006-35-4, effective October 1, 2006 (BC Reg 234/2006).

 Director's responsibilities

9  (1)  The director is responsible for the administration and management of all matters and persons appointed under this Act.

(2)  The director may delegate any of his or her powers or duties under this Act.

(3)  The director may establish rules of procedure for the conduct of arbitrations and arbitration reviews.

(4)  The director may do one or more of the following:

(a) provide information to landlords and tenants about their rights and obligations under this Act;

(b) help landlords and tenants resolve any dispute that can be or has been referred to arbitration;

(c) publish, or otherwise make available to the public, arbitration decisions or summaries of them.

  Section 9 (3) and (4) BEFORE amended by 2017-18-2(a) and (b), effective November 30, 2017 (Royal Assent).

(3) The director may establish and publish rules of procedure for the conduct of proceedings under Part 6 [Resolving Disputes].

(4) The director may not assign or delegate to the same person both the function of conducting investigations under section 88.1 [investigations] into a matter and the power to impose penalties under section 86.1 [administrative penalties] in relation to that matter.

  Section 9 (5) (c) BEFORE amended by 2017-18-2(c), effective November 30, 2017 (Royal Assent).

(c) publish, or otherwise make available to the public, decisions under Part 6 or summaries of them.

  Section 9 (5) (d) was added by 2017-18-2(d), effective November 30, 2017 (Royal Assent).

  Section 9.1 was enacted by 2006-35-4, effective October 1, 2006 (BC Reg 234/2006).

  Section 11 BEFORE amended by 2006-35-5, effective October 1, 2006 (BC Reg 234/2006).

 Director and staff must not be compelled in civil proceedings

11  The director or any other person employed by the government in the administration of this Act must not be compelled in civil proceedings arising out of a dispute or an arbitration under this Act

(a) to give evidence in respect of matters that come to his or her knowledge in the course of his or her employment, or

(b) to produce records that are in the possession of the director because of the director's powers or duties under this Act.

  Section 13 (2) (f) (iii) BEFORE amended by 2017-18-3, effective December 11, 2017 (BC Reg 225/2017).

(iii) if the tenancy is a fixed term tenancy,

(A) the date the tenancy ends, and

(B) whether the tenancy may continue as a periodic tenancy or for another fixed term after that date or whether the tenant must vacate the manufactured home site on that date;

  Section 13 (2) (f) (iii.1) was added by 2017-18-3, effective December 11, 2017 (BC Reg 225/2017).

  Section 14 (3) (d) BEFORE amended by 2006-35-6, effective October 1, 2006 (BC Reg 234/2006).

(d) a term in respect of which a landlord or tenant has obtained an arbitrator's order that the agreement of the other is not required.

  Section 18 (2) BEFORE amended by 2015-17-14, effective January 18, 2016 (BC Reg 223/2015).

(2) This section is subject to the rights and restrictions under the Guide Animal Act.

  Section 23 (c) BEFORE amended by 2006-35-6, effective October 1, 2006 (BC Reg 234/2006).

(c) the landlord has an arbitrator's order authorizing the entry;

  Section 24 (1) and (2) BEFORE amended by 2006-35-7, effective October 1, 2006 (BC Reg 234/2006).

(1)  A landlord must not restrict access to a manufactured home park by

(a) the tenant of a manufactured home site that is part of the manufactured home park, or

(b) a person permitted in the manufactured home park by that tenant.

(2)  A landlord must not restrict access to a manufactured home park by

(a) a candidate seeking election to the Parliament of Canada, the Legislative Assembly or an office in an election under the Local Government Act, the School Act or the Vancouver Charter, or

(b) the authorized representative of such a person

who is canvassing electors or distributing election material.

  Section 25 (2) BEFORE amended by 2006-35-8, effective October 1, 2006 (BC Reg 234/2006).

(2)  A tenant must not change locks or other means that give access to common areas of a manufactured home park unless the landlord consents to the change.

  Section 27 (6) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(6)  Subsection (5) does not apply to amounts claimed by a tenant for repairs about which an arbitrator, on application, finds that one or more of the following applies:

  Section 28 (1) BEFORE amended by 2006-35-10(a), effective October 1, 2006 (BC Reg 234/2006).

(1)  A tenant may assign a tenancy agreement or sublet a manufactured home site only if one of following applies:

  Section 28 (1) (b) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(b) the tenant has obtained an order of an arbitrator authorizing the assignment or sublease.

  Section 28 (1) (c) was added by 2006-35-10(b), effective October 1, 2006 (BC Reg 234/2006).

  Section 35 (1) (a) BEFORE amended by 2017-18-4, effective December 11, 2017 (BC Reg 225/2017).

(a) if the tenant's rent has not previously been increased, the date on which the tenant's rent was first established under the tenancy agreement;

  Section 36 (1) (a) and (b) BEFORE amended by 2006-35-11(a), effective October 1, 2006 (BC Reg 234/2006).

(a) calculated in accordance with the regulations, or

(b) ordered by an arbitrator on an application under subsection (3).

  Section 36 (1) (c) was added by 2006-35-11(a), effective October 1, 2006 (BC Reg 234/2006).

  Section 36 (2) BEFORE amended by 2006-35-3, effective October 1, 2006 (BC Reg 234/2006).

(2)  A tenant may not apply for arbitration to dispute a rent increase that complies with this Part.

  Section 36 (3) BEFORE amended by 2006-35-11(b), effective October 1, 2006 (BC Reg 234/2006).

(3)  In the circumstances prescribed in the regulations, a landlord may apply to an arbitrator for approval of a rent increase in an amount that is greater than the amount calculated under the regulations referred to in subsection (1) (a).

  Section 36 (4) BEFORE repealed by 2006-35-11(c), effective October 1, 2006 (BC Reg 234/2006).

(4)  An application under subsection (3) must be in the approved form.

  Section 37 (1) (f) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(f) an arbitrator orders that the tenancy is ended.

  Section 37 (1) (a) (vi) was added by 2006-35-12, effective October 1, 2006 (BC Reg 234/2006).

  Section 37 (1) (b) BEFORE amended by 2017-18-5(a), effective December 11, 2017 (BC Reg 225/2017).

(b) the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site on the date specified as the end of the tenancy;

  Section 37 (1) (g) was added by 2017-18-5(b), effective December 11, 2017 (BC Reg 225/2017).

  Section 38 (3) BEFORE amended by 2006-35-13, effective October 1, 2006 (BC Reg 234/2006).

(3)  If a landlord breaches a material term, the tenant may end the tenancy by giving the landlord notice to end the tenancy effective on a date that is after the date the landlord receives the notice.

  Section 39 (4) (b) BEFORE amended by 2006-35-14, effective October 1, 2006 (BC Reg 234/2006).

(b) dispute the notice by applying for arbitration.

  Section 39 (5) BEFORE amended by 2006-35-3, effective October 1, 2006 (BC Reg 234/2006).

(5)  If a tenant who has received a notice under this section does not pay the rent or apply for arbitration in accordance with subsection (4), the tenant

(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and

(b) must vacate the manufactured home site to which the notice relates by that date.

  Section 40 (1) (h) BEFORE amended by 2006-35-15, effective October 1, 2006 (BC Reg 234/2006).

(h) the tenant purports to assign the tenancy agreement or sublet the manufactured home site without first obtaining the landlord's written consent or the order of an arbitrator as required by section 28 [assignment and subletting];

  Section 40 (1) (k) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(k) the tenant has not complied with an order of an arbitrator within 30 days of the later of the following dates:

(i)  the date the tenant receives the order;

(ii)  the date specified in the order for the tenant to comply with the order.

  Section 40 (4) BEFORE amended by 2006-35-14, effective October 1, 2006 (BC Reg 234/2006).

(4)  A tenant may dispute a notice under this section by applying for arbitration within 10 days after the date the tenant receives the notice.

  Section 40 (5) BEFORE amended by 2006-35-3, effective October 1, 2006 (BC Reg 234/2006).

(5)  If a tenant who has received a notice under this section does not apply for arbitration in accordance with subsection (4), the tenant

(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and

(b) must vacate the manufactured home site by that date.

  Section 41 (5) BEFORE amended by 2006-35-14, effective October 1, 2006 (BC Reg 234/2006).

(5)  A tenant may dispute a notice under this section by applying for arbitration within 10 days after the date the tenant receives the notice.

  Section 41 (6) BEFORE amended by 2006-35-3, effective October 1, 2006 (BC Reg 234/2006).

(6)  If a tenant who has received a notice under this section does not apply for arbitration in accordance with subsection (5), the tenant

(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and

(b) must vacate the manufactured home site by that date.

  Section 42 (4) BEFORE amended by 2006-35-14, effective October 1, 2006 (BC Reg 234/2006).

(4)  A tenant may dispute a notice under this section by applying for arbitration within 15 days after the date the tenant receives the notice.

  Section 42 (5) BEFORE amended by 2006-35-3, effective October 1, 2006 (BC Reg 234/2006).

(5)  If a tenant who has received a notice under this section does not apply for arbitration in accordance with subsection (4), the tenant

(a) is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and

(b) must vacate the manufactured home site by that date.

  Section 42 (2) BEFORE amended by 2018-11-1, effective June 6, 2018 (BC Reg 109/2018).

(2) A notice to end a tenancy under this section must end the tenancy effective on a date that

(a) is not earlier than 12 months after the date the notice is received and is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement, and

(b) if the tenancy agreement is a fixed term tenancy agreement, is not earlier than the date specified as the end of the tenancy.

  Section 43 (1) (part) BEFORE amended by 2018-11-2, effective June 6, 2018 (BC Reg 109/2018).

(1) If a landlord gives a tenant notice to end a periodic tenancy under section 42 [landlord's use of property], the tenant may end the tenancy early by

  Section 44 (1) and (2) BEFORE amended by 2018-11-3(a) and (b), effective June 6, 2018 (BC Reg 109/2018).

(1) A landlord who gives a tenant notice to end a tenancy under section 42 [landlord's use of property] must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to 12 months' rent payable under the tenancy agreement.

(2) In addition to the amount payable under subsection (1), if steps have not been taken to accomplish the stated purpose for ending the tenancy under section 42 within a reasonable period after the effective date of the notice, the landlord must pay the tenant an amount that is the equivalent of 6 times the monthly rent payable under the tenancy agreement.

  Section 44 (3) was added by 2018-11-3(c), effective June 6, 2018 (BC Reg 109/2018).

  Section 44.1 was enacted by 2018-11-4, effective June 6, 2018 (BC Reg 109/2018).

  Section 47 (1) BEFORE amended by 2006-35-14, effective October 1, 2006 (BC Reg 234/2006).

(1)  A tenant who has entered into a tenancy agreement with a landlord may request an order of possession of the manufactured home site by applying for arbitration.

  Section 47 (2) BEFORE amended by 2006-35-16, 17 and 18, effective October 1, 2006 (BC Reg 234/2006).

(2)  An arbitrator may grant an order of possession under this section before or after the date on which the tenant is entitled to occupy the manufactured home site under the tenancy agreement, and the order is effective on the date specified by the arbitrator.

  Section 48 (1) BEFORE amended by 2006-35-18 and 19(a), effective October 1, 2006 (BC Reg 234/2006).

(1)  If a tenant applies for arbitration to dispute a landlord's notice to end a tenancy, the arbitrator must grant an order of possession of the manufactured home site if, at the time scheduled for the hearing,

  Section 48 (2) BEFORE amended by 2006-35-14, effective October 1, 2006 (BC Reg 234/2006).

(2)  A landlord may request an order of possession of a manufactured home site in any of the following circumstances by applying for arbitration:

  Section 48 (3) BEFORE amended by 2006-35-17, effective October 1, 2006 (BC Reg 234/2006).

(3)  An arbitrator may grant an order of possession before or after the date when a tenant is required to vacate a manufactured home site, and the order takes effect on the date specified in the order.

  Section 48 (4) was added by 2006-35-19(b), effective October 1, 2006 (BC Reg 234/2006).

  Section 48 (1) and (4) (part) BEFORE amended by 2015-10-119, effective December 18, 2015 (BC Reg 240/2015).

(1) If a tenant makes an application for dispute resolution to dispute a landlord's notice to end a tenancy, the director must grant an order of possession of the manufactured home site to the landlord if, at the time scheduled for the hearing,

(a) the landlord makes an oral request for an order of possession, and

(b) the director dismisses the tenant's application or upholds the landlord's notice.

(4) Despite section 54 [setting down dispute for hearing], in the circumstances described in subsection (2) (b), the director may, without holding a hearing,

  Section 48 (2) (c) BEFORE amended by 2017-18-6, effective December 11, 2017 (BC Reg 225/2017).

(c) the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site at the end of the fixed term;

  Section 48 (2) (c.1) was added by 2017-18-6, effective December 11, 2017 (BC Reg 225/2017).

  Section 49 (1) BEFORE amended by 2006-35-3, effective October 1, 2006 (BC Reg 234/2006).

(1)  A landlord may apply for arbitration to request an order

(a) ending a tenancy on a date that is earlier than the tenancy would end if notice to end the tenancy were given under section 40 [landlord's notice: cause], and

(b) granting the landlord an order of possession in respect of the manufactured home site.

  Section 49 (2) BEFORE amended by 2006-35-17, effective October 1, 2006 (BC Reg 234/2006).

(2)  An arbitrator may make an order specifying the date on which the tenancy ends and the effective date of the order of possession only if satisfied that

  Section 49.1 was enacted by 2006-35-20, effective October 1, 2006 (BC Reg 234/2006).

  Section 50 (2) BEFORE amended by 2010-6-72, effective July 1, 2010.

(2)  The landlord must not take actual possession of a manufactured home site that is occupied by an overholding tenant unless the landlord has a writ of possession issued under the Supreme Court Rules.

  Part 6, division 1 heading BEFORE amended by 2006-35-21, effective October 1, 2006 (BC Reg 234/2006).

Division 1 — Arbitration Proceedings

  Section 51 (1) BEFORE amended by 2006-35-22(a), effective October 1, 2006 (BC Reg 234/2006).

(1)  Except as restricted under this Act, a dispute between a landlord and tenant in respect of any of the following may be resolved by applying for arbitration:

  Section 51 (2) BEFORE amended by 2006-35-22(b), effective October 1, 2006 (BC Reg 234/2006).

(2)  Except as provided in subsection (4), a dispute about a right, obligation or prohibition referred to in subsection (1) that cannot be resolved between the landlord and tenant must be submitted for arbitration unless

(a) the claim is for more than the monetary limit for claims under the Small Claims Act,

(b) the application was not filed within the applicable period specified under this Act, or

(c) the dispute is linked substantially to a matter that is before the Supreme Court.

  Section 51 (3) BEFORE amended by 2006-35-22(c), effective October 1, 2006 (BC Reg 234/2006).

(3)  Except as provided in subsection (4), a court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to arbitration under this Act.

  Section 51 (4) (b) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(b) on hearing the dispute, make any order that an arbitrator may make under this Act.

  Section 51 (5) BEFORE amended by 2006-35-22(d), effective October 1, 2006 (BC Reg 234/2006).

(5)  The Commercial Arbitration Act does not apply to an arbitration under this Act.

  Section 51 (5) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

(5)  The Commercial Arbitration Act does not apply to a dispute resolution proceeding.

  Section 51 (2) (part) and (3) BEFORE amended by 2015-10-120, effective December 18, 2015 (BC Reg 240/2015).

(2) Except as provided in subsection (4), if the director receives an application under subsection (1), the director must determine the dispute unless

(3) Except as provided in subsection (4), a court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted for determination by the director under this Act.

  Section 52 (1) BEFORE amended by 2006-35-23(a), effective October 1, 2006 (BC Reg 234/2006).

(1)  An arbitration is started by a landlord or a tenant filing an application for arbitration with the director.

  Section 52 (2) BEFORE amended by 2006-35-23(b), (c) and (d), effective October 1, 2006 (BC Reg 234/2006).

(2)  An application for arbitration must

(a) be in the approved form,

(b) include full particulars of the dispute that is to be the subject of the arbitration, and

(c) be accompanied by the fee prescribed in the regulations.

  Section 52 (3) BEFORE amended by 2006-35-23(e), effective October 1, 2006 (BC Reg 234/2006).

(3)  A person who applies for arbitration under this section must give a copy of the application to the other party within 3 days of filing the application or within a different period specified by the arbitrator.

  Section 52 (5) BEFORE amended by 2006-35-23(f) and (g), effective October 1, 2006 (BC Reg 234/2006).

(5)  The director may refuse to accept an application for arbitration if

(a) in the director's opinion, the application does not disclose a dispute that may be arbitrated under this Act,

(b) the applicant owes outstanding fees under this Act to the government, or

(c) the application does not comply with subsection (2).

  Section 52 (5) (b) BEFORE amended by 2017-18-7, effective November 30, 2017 (Royal Assent).

(b) the applicant owes outstanding fees under this Act to the government, or

  Section 53 (1), (2) and (3) BEFORE amended by 2006-35-24, effective October 1, 2006 (BC Reg 234/2006).

(1)  If this Act does not state a time by which an application for arbitration must be filed, it must be filed within 2 years of the date that the tenancy to which the matter relates ends or is assigned.

(2)  Despite the Limitation Act, if an application for arbitration is not filed within the 2 year period, a claim arising under this Act or the tenancy agreement in relation to the tenancy ceases to exist for all purposes except as provided in subsection (3).

(3)  If an application for arbitration is filed by a landlord or tenant within the applicable limitation period under this Act, the other party to the arbitration may file an application for arbitration in respect of a different dispute between the same parties after the applicable limitation period but before the arbitration in respect of the first application is concluded.

  Section 54 BEFORE re-enacted by 2006-35-25, effective October 1, 2006 (BC Reg 234/2006).

 Designation of arbitrator

54  (1)  If an application for arbitration is properly completed and is accepted by the director, the director must

(a) designate an arbitrator,

(b) refer the dispute to the arbitrator, and

(c) specify the date, time and place of the arbitration hearing.

(2)  If the director considers it appropriate, he or she may designate a different arbitrator under subsection (1) to arbitrate a dispute that was previously referred to an arbitrator.

  Section 55 (1) to (5) BEFORE amended by 2006-35-17 and 26, effective October 1, 2006 (BC Reg 234/2006).

(1)  An arbitrator has authority to arbitrate

(a) a dispute referred by the director to the arbitrator, and

(b) any matters related to that dispute that arise under this Act or a tenancy agreement.

(2)  An arbitrator may make any finding of fact or law that is necessary or incidental to making a decision or an order under this Act.

(3)  An arbitrator may make any order necessary to give effect to the rights, obligations and prohibitions under this Act, including an order that a landlord or tenant comply with this Act, the regulations or a tenancy agreement.

(4)  An arbitrator may dismiss all or a part of an application if

(a) there are no reasonable grounds for the application or the part,

(b) the application or part does not disclose a dispute that may be arbitrated under this Act, or

(c) the application or part is frivolous or an abuse of the arbitration process.

(5)  If the director designates a different arbitrator under section 54 (2) [change in arbitrator] to arbitrate a dispute, the arbitrator to whom the dispute was previously referred ceases to have authority in relation to the matter.

  Section 56 (1) BEFORE amended by 2006-35-17, effective October 1, 2006 (BC Reg 234/2006).

(1)  An arbitrator may assist the parties, or offer the parties an opportunity, to settle their dispute.

  Section 56 (2) BEFORE amended by 2006-35-18 and 27, effective October 1, 2006 (BC Reg 234/2006).

(2)  If the parties settle their dispute during arbitration proceedings, the arbitrator may record the settlement in the form of a decision or an order.

  Section 57 (1) BEFORE amended by 2006-35-28(a), effective October 1, 2006 (BC Reg 234/2006).

(1)  Before making a decision or an order, an arbitrator must consider any applicable policy guidelines established by the director for the purposes of assisting arbitrators in applying this Act and encouraging consistency of decision making.

  Section 57 (2) BEFORE amended by 2006-35-17 and 28(b), effective October 1, 2006 (BC Reg 234/2006).

(2)  An arbitrator must make each decision or order on the merits of the case as disclosed by the evidence admitted and is not bound to follow other arbitration decisions under this Act.

  Section 57 (3) BEFORE amended by 2006-35-9 and 28(c), effective October 1, 2006 (BC Reg 234/2006).

(3)  Subject to the rules of procedure established under section 9 (3) [director's responsibilities], an arbitrator may

(a) deal with any procedural issue that arises,

(b) make interim or temporary orders, and

(c) amend, or permit to be amended, an application for arbitration.

  Section 57 (4) BEFORE amended by 2006-35-28(d), effective October 1, 2006 (BC Reg 234/2006).

(4)  If, in an arbitrator's opinion, another tenant of a landlord who is a party to an arbitration will be or is likely to be materially affected by the outcome of the arbitration, the arbitrator may

(a) order that the other tenant be given notice of the arbitration, and

(b) provide that other tenant with an opportunity to be heard in the arbitration.

  Section 57 (5) was added by 2017-18-8, effective November 30, 2017 (Royal Assent).

  Section 58 (1) BEFORE amended by 2006-35-9 and 18, effective October 1, 2006 (BC Reg 234/2006).

(1)  Without limiting the general authority in section 55 (3) [arbitrator's authority], if an arbitrator finds that a landlord or tenant has not complied with the Act, the regulations or a tenancy agreement, the arbitrator may make any of the following orders:

  Section 59 (1) BEFORE amended by 2006-35-17, effective October 1, 2006 (BC Reg 234/2006).

(1)  An arbitrator may extend a time limit established by this Act only in exceptional circumstances, other than as provided by section 52 (3) [starting arbitration proceedings] or 74 (4) [decision on application for review].

  Section 59 (2) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(2)  Despite subsection (1), an arbitrator may extend the time limit established by section 39 (4) (a) [landlord's notice: non-payment of rent] for a tenant to pay overdue rent only in one of the following circumstances:

  Section 59 (2) (b) BEFORE amended by 2006-35-6, effective October 1, 2006 (BC Reg 234/2006).

(b) the tenant has deducted the unpaid amount because the tenant believed that the deduction was allowed for emergency repairs or under an arbitrator's order.

  Section 59 (3) BEFORE amended by 2006-35-3 and 17, effective October 1, 2006 (BC Reg 234/2006).

(3)  An arbitrator must not extend the time limit to apply for arbitration to dispute a notice to end a tenancy beyond the effective date of the notice.

  Section 60 BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

60  Without limiting the general authority in section 55 (3) [arbitrator's authority], if damage or loss results from a party not complying with this Act, the regulations or a tenancy agreement, an arbitrator may determine the amount of, and order that party to pay, compensation to the other party.

  Section 61 (1) and (2) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(1)  If a notice to end a tenancy does not comply with section 45 [form and content of notice to end tenancy], an arbitrator may amend the notice if satisfied that

(2)  Without limiting section 55 (3) [arbitrator's authority], an arbitrator may, in accordance with this Act,

  Section 62 BEFORE amended by 2006-35-9 and 18, effective October 1, 2006 (BC Reg 234/2006).

62  If an arbitrator is satisfied that circumstances prescribed for the purposes of section 36 (3) [amount of rent increase] apply, the arbitrator may order that a landlord is permitted to increase rent by an amount that is

  Section 63 BEFORE amended by 2006-35-9 and 18, effective October 1, 2006 (BC Reg 234/2006).

63  If an arbitrator is satisfied that a landlord is likely to enter a manufactured home site other than as authorized under section 23 [landlord's right to enter a manufactured home site restricted], the arbitrator may suspend or set conditions on the landlord's right to enter the manufactured home site.

  Section 64 (1) BEFORE amended by 2006-35-17, effective October 1, 2006 (BC Reg 234/2006).

(1)  An arbitrator may order that a notice, order, process or other document may be served by substituted service in accordance with the order.

  Section 64 (2) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(2)  In addition to the authority under subsection (1), an arbitrator may make any of the following orders:

  Section 64 (2) (a) and (b) BEFORE amended by 2006-35-18, effective October 1, 2006 (BC Reg 234/2006).

(a) that a document must be served in a manner the arbitrator considers necessary, despite sections 81 [how to give or serve documents generally] and 82 [special rules for certain documents];

(b) that a document has been sufficiently served for the purposes of this Act on a date the arbitrator specifies;

  Section 65 (1) BEFORE amended by 2006-35-17 and 29, effective October 1, 2006 (BC Reg 234/2006).

(1)  An arbitrator may order payment or repayment of a fee under section 52 (2) (c) [starting arbitration proceedings] or 72 (3) (b) [application for review of arbitrator's decision] by one party to an arbitration to another party or to the director.

  Section 65 (2) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(2)  If an arbitrator orders a landlord to pay an amount to a tenant, including an amount under subsection (1), the amount may be deducted from any rent due to the landlord.

  Section 66 (1) and (2) BEFORE amended by 2006-35-30, effective October 1, 2006 (BC Reg 234/2006).

(1)  If 2 or more applications for arbitration are accepted in respect of related disputes with the same landlord, the director may schedule the arbitrations to be heard by a single arbitrator at the same time.

(2)  If 2 or more applications for arbitration are accepted in respect of disputes between the same landlord and tenant, the director may schedule the arbitrations to be heard by a single arbitrator.

  Section 67 (1) BEFORE amended by 2006-35-9 and 31(a), effective October 1, 2006 (BC Reg 234/2006).

(1)  Subject to the rules of procedure established under section 9 (3) [director's responsibilities], an arbitrator may conduct an arbitration hearing in the manner he or she considers appropriate.

  Section 67 (2) and (3) BEFORE amended by 2006-35-17, effective October 1, 2006 (BC Reg 234/2006).

(2)  An arbitrator may hold a hearing

(a) in person,

(b) in writing,

(c) by telephone, video conference or other electronic means, or

(d) by any combination of the methods under paragraphs (a) to (c).

(3)  An arbitrator may administer oaths for the purposes of this Act.

  Section 67 (4) BEFORE amended by 2006-35-31(b), effective October 1, 2006 (BC Reg 234/2006).

(4)  A party to an arbitration may be represented by an agent or a lawyer.

  Section 68 BEFORE amended by 2006-35-17, 18 and 32, effective October 1, 2006 (BC Reg 234/2006).

68  An arbitrator may admit as evidence, whether or not it would be admissible under the laws of evidence, any oral or written testimony or any record or thing that the arbitrator considers to be

(a) necessary and appropriate, and

(b) relevant to the arbitration.

  Section 69 (1) BEFORE amended by 2006-35-9, 18 and 33, effective October 1, 2006 (BC Reg 234/2006).

(1)  On the request of a party or on the arbitrator's own initiative, an arbitrator may issue a summons requiring a person

(a) to attend an arbitration hearing or proceeding and give evidence, or

(b) to produce before the arbitrator documents or any other thing relating to the subject matter of the arbitration.

  Section 70 (1) and (3) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(1)  A decision of an arbitrator must

(3)  Except as otherwise provided in this Act, a decision or an order of an arbitrator is final and binding on the parties.

  Section 70 (2) BEFORE amended by 2006-35-17 and 34, effective October 1, 2006 (BC Reg 234/2006).

(2)  An arbitrator does not lose authority in an arbitration, nor is the validity of a decision affected, if a decision is given after the 30 day period in subsection (1) (d).

  Section 70 (1) (b) BEFORE amended by 2006-35-18, effective October 1, 2006 (BC Reg 234/2006).

(b) be signed and dated by the arbitrator,

  Section 70 (1) (part) BEFORE amended by 2017-18-9(a), effective November 30, 2017 (Royal Assent).

(1) A decision of the director must

  Section 70 (3) BEFORE amended by 2017-18-9(b), effective November 30, 2017 (Royal Assent).

(3) Except as otherwise provided in this Act, a decision or an order of the director is final and binding on the parties.

  Section 71 (1) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(1)  Subject to subsection (2), an arbitrator may, with or without a hearing,

  Section 71 (1.1) BEFORE amended by 2006-35-17 and 35, effective October 1, 2006 (BC Reg 234/2006).

(1.1)  An arbitrator may take the steps described in subsection (1)

(a) on the arbitrator's own initiative, or

(b) at the request of a party, which request, for subsection (1) (b) and (c), must be made within 15 days after the decision or order is received.

  Section 71 (2) BEFORE amended by 2006-35-18, effective October 1, 2006 (BC Reg 234/2006).

(2)  A request referred to in subsection (1.1) (b) may be made without notice to another party, but the arbitrator may order that another party be given notice.

  Section 71 (3) BEFORE amended by 2006-35-17 and 18, effective October 1, 2006 (BC Reg 234/2006).

(3)  An arbitrator must not act under this section unless the arbitrator considers it just and reasonable to do so in all the circumstances.

  Part 6, Division 1.1, section 71.1 was enacted by 2004-45-112, effective October 15, 2004 (BC Reg 425/2004).

  Part 6, Division 1.1, heading BEFORE repealed by 2017-18-10, effective November 30, 2017 (Royal Assent).

Division 1.1 — Application of Administrative Tribunals Act

  Section 71.1 BEFORE amended by 2006-35-36, effective October 1, 2006 (BC Reg 234/2006).

 Application of Administrative Tribunals Act

71.1  Sections 1, 30, 44, 48, 56 to 58 and 61 of the Administrative Tribunals Act apply to an arbitration and an arbitrator.

  Section 71.1 BEFORE amended by 2007-14-45, effective October 18, 2007 (BC Reg 311/2007).

71.1  Sections 1, 44, 48, 56 to 58 and 61 of the Administrative Tribunals Act apply to the director as if the director were a tribunal and to dispute resolution proceedings under Division 1 of this Part and reviews under Division 2 of this Part.

  Section 71.1 BEFORE renumbered as section 5.1 and BEFORE amended by 2017-18-11, effective November 30, 2017 (Royal Assent).

Application of Administrative Tribunals Act

71.1   Sections 1, 44, 46.3, 48, 56 to 58 and 61 of the Administrative Tribunals Act apply to the director as if the director were a tribunal and to dispute resolution proceedings under Division 1 of this Part and reviews under Division 2 of this Part.

  Section 72 BEFORE amended by 2006-35-9, 29, 37 and 38, effective October 1, 2006 (BC Reg 234/2006).

(1)  A party to an arbitration may apply to the director for a review of the arbitrator's decision or order.

(2)  A decision or an order of an arbitrator may be reviewed only on one or more of the following grounds:

(a) a party was unable to attend the original hearing because of circumstances that could not be anticipated and that were beyond the party's control;

(b) a party has new and relevant evidence that was not available at the time of the original hearing;

(c) a party has evidence that the arbitrator's decision or order was obtained by fraud.

(3)  An application for review of an arbitrator's decision or order

(a) must be made in the approved form and in the manner approved by the director,

(b) must be accompanied by the fee prescribed in the regulations,

(c) must be accompanied by full particulars of the grounds for review and the evidence on which the applicant intends to rely, and

(d) may be made without notice to any other party.

(4)  The director may waive or reduce the fee if satisfied that

(a) the applicant cannot reasonably afford to pay the fee, or

(b) the circumstances do not warrant the fee being collected.

(5)  The director may refuse to accept an application for review of an arbitrator's decision or order if the application does not comply with subsection (3).

(6)  If the director accepts an application for review of an arbitrator's decision or order, the director must designate the original arbitrator to consider the application unless the original arbitrator is not available or the director considers it appropriate to designate a different arbitrator.

(7)  A party to an arbitration may make an application under this section only once in respect of the arbitration.

  Section 72 (6) BEFORE repealed by 2006-35-37(b), effective October 1, 2006 (BC Reg 234/2006).

(6)  If the director accepts an application for review of an arbitrator's decision or order, the director must designate the original arbitrator to consider the application unless the original arbitrator is not available or the director considers it appropriate to designate a different arbitrator.

  Section 73 BEFORE amended by 2006-35-38 and 39, effective October 1, 2006 (BC Reg 234/2006).

 Time limit to apply for a review

73  A party must make an application for review of an arbitrator's decision or order within whichever of the following periods applies:

(a) within 2 days after a copy of the decision or order is received by the party, if the decision or order relates to

(i)  the withholding of consent, contrary to section 28 (2) [assignment and subletting], by a landlord to an assignment or subletting,

(ii)  a notice to end a tenancy under section 39 [landlord's notice: non-payment of rent], or

(iii)  an order of possession under section 47 [order of possession for the tenant], 48 [order of possession for the landlord] or 49 [landlord's application for order ending tenancy early];

(b) within 5 days after a copy of the decision or order is received by the party, if the decision or order relates to

(i)  repairs or maintenance under section 26 [obligations to repair and maintain],

(ii)  services or facilities under section 21 [terminating or restricting services or facilities], or

(iii)  a notice to end a tenancy agreement other than under section 39 [landlord's notice: non-payment of rent];

(c) within 15 days after a copy of the decision or order is received by the party, for a matter not referred to in paragraph (a) or (b).

  Section 74 (1) (b) (iii) BEFORE amended by 2006-35-18, effective October 1, 2006 (BC Reg 234/2006).

(iii)  discloses no basis on which, even if the submissions in the application were accepted, the decision or order of the arbitrator should be set aside or varied, or

  Section 74 (4) BEFORE amended by 2006-35-18, effective October 1, 2006 (BC Reg 234/2006).

(4)  Within 3 days of receiving a decision to proceed with a review, or within a different period specified by the arbitrator, the applicant must give the other party a copy of the decision and of any order giving effect to the decision.

  Section 74 (1) BEFORE amended by 2006-35-38 and 40(a), effective October 1, 2006 (BC Reg 234/2006).

(1)  At any time after an application for review of an arbitrator's decision or order is made, the arbitrator designated to conduct the review may dismiss or refuse to consider the application for one or more of the following reasons:

  Section 74 (3) BEFORE amended by 2006-35-40(b), effective October 1, 2006 (BC Reg 234/2006).

(3)  The arbitrator designated to review a decision or an order may order that the decision or order be suspended, with or without conditions, until the review has been completed and a decision given to the parties.

  Section 75 (3) BEFORE amended by 2006-35-18, effective October 1, 2006 (BC Reg 234/2006).

(3)  Following the review, the arbitrator may confirm, vary or set aside the original decision or order.

  Section 75 (1) and (2) BEFORE amended by 2006-35-41, effective October 1, 2006 (BC Reg 234/2006).

(1)  If the arbitrator designated to review a decision or an order decides that there are sufficient grounds to review the decision or order, the arbitrator must review the decision or order.

(2)  The arbitrator designated to review the decision or order may conduct the review

(a) based solely on the record of the original arbitration and any written submissions of the parties,

(b) by reconvening the arbitration, or

(c) by conducting a new arbitration.

  Section 76 BEFORE repealed by 2006-35-42, effective October 1, 2006 (BC Reg 234/2006).

 Powers of the arbitrator who conducts a review

76  An arbitrator who conducts a review has all the powers and duties of an arbitrator in an original arbitration.

  Part 6, division 3, heading BEFORE amended by 2006-35-43, effective October 1, 2006 (BC Reg 234/2006).

Division 3 — Enforcement of Arbitration Orders

  Section 77 (1) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(1)  A decision or an order of an arbitrator may be filed in the Supreme Court and enforced as a judgment or an order of that court after

  Section 77 (1) (a) BEFORE amended by 2006-35-44, effective October 1, 2006 (BC Reg 234/2006).

(a) a review of the arbitrator's decision or order has been

  Section 77.1 was enacted by 2004-45-113, effective October 15, 2004 (BC Reg 425/2004).

  Section 77.1 (1) and (2) BEFORE amended by 2006-35-9, 17, 18 and 45, effective October 1, 2006 (BC Reg 234/2006).

(1)  An arbitrator has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an arbitration proceeding under Division 1 of this Part or a review under Division 2 of this Part and to make any order permitted to be made.

(2)  A decision or order of an arbitrator under this Act on a matter in respect of which the arbitrator has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

  Section 78 (1) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(1)  This section applies to a decision or an order of an arbitrator if

  Section 78 (2) (a) BEFORE amended by 2006-35-46, effective October 1, 2006 (BC Reg 234/2006).

(a) a review of the arbitrator's decision or order has been

  Section 79 (2) and (3) BEFORE amended by 2003-47-40, effective February 13, 2004 (BC Reg 45/2004).

(2)  An arbitrator may be appointed for a term of up to 5 years and may be reappointed.

(3)  An individual is not eligible for appointment as an arbitrator unless

(a) he or she has successfully completed a competency based selection process established or approved by the director, or

(b) he or she has previously been appointed as an arbitrator under this Act.

  Section 79.1 was enacted by 2003-47-41, effective February 13, 2004 (BC Reg 45/2004).

  Section 79.2 was enacted by 2003-47-41, effective February 13, 2004 (BC Reg 45/2004).

  Section 79.3 was enacted by 2003-47-41, effective February 13, 2004 (BC Reg 45/2004).

  Section 80 BEFORE amended by 2004-45-114, effective October 15, 2004 (BC Reg 425/2004).

 Arbitrator must not be compelled in civil proceeding

80  An arbitrator must not be compelled in civil proceedings

(a) to give evidence in respect of matters that come to his or her knowledge in the course of exercising powers or performing duties under this Act, or

(b) to produce records that are in the possession of the arbitrator because of his or her duties or powers under this Act.

  Part 6, Division 4, sections 79, 79.1, 79.2, 79.3 and 80 BEFORE repealed by 2006-35-47, effective October 1, 2006 (BC Reg 234/2006).

Division 4 — Administration of the Arbitration System

 Appointment of arbitrators

79  (1)  The minister may appoint individuals as arbitrators for the purposes of this Act.

(2)  An arbitrator may be appointed to hold office for an initial term of 2 to 4 years and may be reappointed for additional terms of up to 5 years.

(3)  An individual is not eligible for appointment as an arbitrator unless

(a) he or she has successfully completed a merit based process established or approved by the director, or

(b) he or she has previously been appointed as an arbitrator under this Act.

(4)  An arbitrator must be

(a) paid fees in the amount and manner specified by the director, and

(b) reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the performance of duties or exercise of powers under this Act.

(5)  An arbitrator is not an employee of the government.

(6)  After an arbitrator resigns his or her appointment or after his or her term of office expires, the arbitrator may

(a) make a decision or an order in an arbitration to which he or she was designated while holding office,

(b) continue with the hearing of any matter referred to in paragraph (a),

(c) exercise the jurisdiction to correct or clarify a decision or an order under section 71 [correction or clarification of decisions or orders], and

(d) if designated by the director, consider an application for review of his or her own decision or order or conduct the review.

(7)  If a former arbitrator makes a decision or an order, or exercises a jurisdiction, under subsection (6), the decision, order or exercise of jurisdiction is valid and effective as though the arbitrator still held office.

(8)  Despite subsections (1) to (3), if the director considers it necessary because of special circumstances in relation to a specific arbitration, the director may appoint an individual whom the director considers qualified as an arbitrator for the purposes of the specific arbitration.

 Arbitrator's absence or incapacitation

79.1  If an arbitrator is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the minister, after consultation with the director, may appoint another person, who would otherwise be qualified for appointment as an arbitrator, to replace the arbitrator until the arbitrator returns to duty or the arbitrator's term expires, whichever comes first.

 Temporary, non-renewable appointments

79.2  (1)  The director may appoint an individual, who would otherwise be qualified for appointment as an arbitrator, to be an arbitrator for up to 6 months.

(2)  Under subsection (1), an individual may be appointed to be an arbitrator only once in any 2 year period. (3) The minister may establish conditions and qualifications for appointments under subsection (1).

 Termination for cause

79.3  The minister may terminate the appointment of an arbitrator for cause.

 Compulsion protection

80  (1)  An arbitrator not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about records or information obtained in the discharge of duties under this Act.

(2)  Despite subsection (1), the court may require the director to produce the record of a proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.

  Part 6.1, sections 80.1 and 80.2 were enacted by 2017-18-12, effective November 30, 2017 (Royal Assent).

  Section 80.3 was renumbered from section 86.1 by 2017-18-16, effective November 30, 2017 (Royal Assent).

  Section 80.4 was renumbered from section 86.2 by 2017-18-18, effective November 30, 2017 (Royal Assent).

  Section 80.5 was renumbered from section 86.21 by 2017-18-19, effective November 30, 2017 (Royal Assent).

  Sections 80.6 and 80.7 were enacted by 2017-18-12, effective November 30, 2017 (Royal Assent).

  Section 80.8 was renumbered from section 86.3 by 2017-18-20, effective November 30, 2017 (Royal Assent).

  Section 80.9 was renumbered from section 86.31 by 2017-18-21, effective November 30, 2017 (Royal Assent).

  Section 81 (i) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(i) as ordered by an arbitrator under section 64 (1) [arbitrator orders: delivery and service of documents];

  Section 81 (f) BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).

(f) by leaving a copy in a mail box or mail slot for the address at which the person resides or, if the person is a landlord, for the address at which the person carries on business as a landlord;

  Section 82 (1) (e) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(e) as ordered by an arbitrator under section 64 (1) [arbitrator orders: delivery and service of documents].

  Section 82 (2) (e) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(e) as ordered by an arbitrator under section 64 (1) [arbitrator orders: delivery and service of documents].

  Section 82 (1) and (2) BEFORE amended by 2006-35-48(a) and (b), effective October 1, 2006 (BC Reg 234/2006).

(1)  An application for arbitration or an arbitrator's decision to proceed with a review of an arbitrator's decision, when required to be given to one party by another, must be given in one of the following ways:

(2)  An application by a landlord under section 48 [order of possession for the landlord] or 49 [landlord's application for order ending tenancy early] must be given to the tenant in one of the following ways:

  Section 82 (3) was added by 2006-35-48(c), effective June 25, 2010 (BC Reg 204/2010).

  Section 82 (3) BEFORE amended by 2017-18-13, effective November 30, 2017 (Royal Assent).

(3) A notice under section 86.21 [notice of administrative penalty] must be given in a manner referred to in subsection (1).

  Section 83 (d) BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).

(d) if given or served by leaving a copy of the document in a mail box or mail slot, on the 3rd day after it is left.

  Section 83 (part) BEFORE amended by 2017-18-14, effective November 30, 2017 (Royal Assent).

When documents are considered to have been received

83   A document given or served in accordance with section 81 [how to give or serve documents generally] or 82 [special rules for certain documents] is deemed to be received as follows:

  Section 84 BEFORE amended by 2007-14-204,Sch, effective December 1, 2007 (BC Reg 354/2007).

 Common law applies

84  Except as modified or varied by this Act or the regulations, the common law respecting landlords and tenants applies in British Columbia.

  Part 7, Division 2.1, sections 86.1 to 86.31 were enacted by 2006-35-49, effective March 10, 2008 (BC Reg 60/2008).

  Part 7, Division 2.1, heading BEFORE repealed by 2017-18-15, effective November 30, 2017 (Royal Assent).

Division 2.1 — Administrative Penalties

  Section 86.1 was renumbered as section 80.3 by 2017-18-16, effective November 30, 2017 (Royal Assent).

  Section 86.11 BEFORE repealed by 2017-18-17, effective November 30, 2017 (Royal Assent).

Charging offence or imposing administrative penalty as alternatives

86.11   (1) A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.

(2) If the director imposes an administrative penalty on or enters into an agreement with a person, a prosecution for an offence under this Act in respect of the contravention or failure may not be brought against the person.

  Section 86.2 BEFORE renumbered as section 80.4 and BEFORE amended by 2017-18-18, effective November 30, 2017 (Royal Assent).

Amount of penalty

86.2   (1) A monetary penalty imposed under section 86.1 (1) may not exceed $5 000.

(2) If a contravention or failure referred to in section 86.1 (1) occurs over more than one day or continues for more than one day, separate monetary penalties, each not exceeding the maximum under subsection (1) of this section, may be imposed for each day the contravention or failure continues.

  Section 86.21 was renumbered as section 80.5 by 2017-18-19, effective November 30, 2017 (Royal Assent).

  Section 86.3 BEFORE renumbered as section 80.8 and BEFORE amended by 2017-18-20, effective November 30, 2017 (Royal Assent).

Review of administrative penalty

86.3   (1) A person who receives a notice under section 86.21 may apply to the director for a review of the matters set out in the notice.

(2) Division 2 [Review of Decisions and Orders] of Part 6 applies to a review referred to in subsection (1).

  Section 86.31 (2) BEFORE amended by 2017-18-21, effective November 30, 2017 (Royal Assent).

(2) If a person fails to pay an administrative penalty as required by a notice under section 86.21 and the time for requesting a review under section 86.3 has expired, the director may file a certificate in a court that has jurisdiction and, upon filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

  Section 86.31 was renumbered as section 80.9 by 2017-18-21, effective November 30, 2017 (Royal Assent).

  Section 87 (3) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(3)  A person who contravenes or fails to comply with a decision or an order made by an arbitrator commits an offence and is liable on conviction to a fine of not more than $5 000.

  Section 87 (1) (a) BEFORE renumbered to (a.1) amended by 2006-35-50(a), effective October 1, 2006 (BC Reg 234/2006).

(a) section 15 [no application or processing fees];

  Section 87 (1) (a) was added by 2006-35-50(b), effective October 1, 2006 (BC Reg 234/2006).

  Section 88.1 was enacted by 2006-35-51, effective October 1, 2006 (BC Reg 234/2006).

  Section 88.1 BEFORE repealed by 2017-18-22, effective November 30, 2017 (Royal Assent).

Investigations

88.1   (1) The director may conduct investigations to ensure compliance with this Act and the regulations whether or not the director has accepted an application for dispute resolution in relation to the matter.

(2) If an investigation is conducted, the director must make reasonable efforts to give the person under investigation an opportunity to respond.

  Section 89 (2) (q) BEFORE amended by 2006-35-9, effective October 1, 2006 (BC Reg 234/2006).

(q) governing rent increases that may be approved by an arbitrator under section 62 [arbitrator orders: rent increases] on application under section 36 (3) [amount of rent increase], including

  Section 89 (2) (j) BEFORE amended by 2006-35-52(a), effective October 1, 2006 (BC Reg 234/2006).

(j) respecting matters related to a review of arbitration decisions;

  Section 89 (2) (r.1) was added by 2006-35-52(b), effective March 10, 2008 (BC Reg 60/2008).

  Section 89 (2) (r.1) (i) and (vi) BEFORE amended by 2017-18-24, effective November 30, 2017 (Royal Assent).

(i) establishing procedures for providing an opportunity to be heard for the purposes of section 86.1 (2) (a), which need not entail an oral hearing,

(vi) respecting agreements, including prescribing terms and conditions that must be included in an agreement under section 86.1 (4), and

  Section 89 (2) (a.1) was added by 2017-18-23, effective December 11, 2017 (BC Reg 225/2017).

  Section 89 (2) (f.1), (q.1) and (q.2) were added by 2018-11-5, effective June 6, 2018 (BC Reg 109/2018).

  Section 92 BEFORE repealed by 2006-35-53, effective October 1, 2006 (BC Reg 234/2006).

 Transitional: rent increases

92  (1)  Despite the repeal of the former Act, if, before January 1, 2004, a notice of a rent increase is given under section 24 (3) of the former Act, the former Act and the regulations under the former Act apply in respect of the increase and that Act is deemed to continue in force for that purpose.

(2)  For the purposes of section 35 (1) (b) [timing and notice of rent increases] of this Act, a rent increase made in accordance with this Act includes a rent increase made in accordance with the former Act.

  Section 93 BEFORE repealed by 2006-35-53, effective October 1, 2006 (BC Reg 234/2006).

 Transitional: arbitrations started under former Act

93  (1)  Despite the repeal of the former Act, if, before January 1, 2004, a landlord and tenant have designated an arbitrator under section 48 (1) of the former Act or have applied to the director to designate an arbitrator under section 49 (1) of that Act, the arbitration must be conducted under the former Act and that Act is deemed to continue in force for that purpose.

(2)  An order of an arbitrator made under the former Act is deemed to be an order of an arbitrator under this Act.

  Section 94 (2) BEFORE amended by 2003-47-42, effective February 13, 2004 (BC Reg 45/2004).

(2)  For the purposes of section 79 (3) [appointment of arbitrators] of this Act, an arbitrator appointed under the former Act is deemed to have been previously appointed under this Act.

  Section 94 BEFORE repealed by 2006-35-53, effective October 1, 2006 (BC Reg 234/2006).

 Transitional: arbitrators appointed under former Act

94  (1)  On January 1, 2004, the appointment of each arbitrator appointed under the former Act is rescinded.

(2)  For the purposes of section 79 (2) and (3) (b) [appointment of arbitrators] of this Act, an arbitrator appointed under the former Act is deemed to have been previously appointed under this Act.

(3)  An arbitrator whose appointment is rescinded under subsection (1) may, on and after the date of the rescission,

(a) make a decision or an order in an arbitration to which he or she was designated while holding office,

(b) continue with the hearing of any matter referred to in paragraph (a),

(c) exercise jurisdiction under section 57.1 [error or omission in decision] of the former Act, and

(d) if designated by the director, consider an application for review of his or her own decision or order or conduct the review.

  Section 96 (2) (c), (d) and (e) BEFORE repealed by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).

(c) section 92 (1) [transitional: rent increases];

(d) section 93 (1) [transitional: arbitrations started under former Act];

(e) section 94 (1) [transitional: arbitrators appointed under former Act].

  Section 96.1 was enacted by 2006-35-54, effective October 1, 2006 (BC Reg 234/2006).

  Section 96.2 was enacted by 2017-18-25, effective December 11, 2017 (BC Reg 225/2017).