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"Point in Time" Regulation Content

Manufactured Home Park Tenancy Act

Manufactured Home Park Tenancy Regulation

B.C. Reg. 481/2003

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 7 January 1, 2016
Section 8 January 1, 2016
Section 9 December 2, 2016
Section 33 December 11, 2017
Part 5.1 Section 33.1 and 33.2 June 6, 2018
Section 39 September 1, 2016
June 6, 2018
Section 51 December 11, 2017
Schedule Section 3 January 18, 2016
Appendix September 1, 2016

 Section 7 BEFORE (a) and (c) were amended and (b) was repealed by BC Reg 254/2015, effective January 1, 2016.

Fee for starting application for dispute resolution

7   For the purposes of section 52 (2) (c) of the Act [starting dispute resolution], an applicant for dispute resolution must pay the following fees:

(a) for an application for a rent increase above the regulated limit, $200 plus $5 for each manufactured home site, to a maximum of $500;

(b) for a monetary application if the amount sought is in excess of $5 000, $100;

(c) for any other application, $50.

[am. B.C. Reg. 234/2006, s. 1.]

 Section 8 BEFORE amended by BC Reg 254/2015, effective January 1, 2016.

Fee for application for a review hearing

8   For the purposes of section of 72 (3) (b) of the Act [application for review], an applicant for a review hearing must pay a fee of $25.

 Section 9 (3) BEFORE repealed by BC Reg 278/2016, effective December 2, 2016.

(3) For the purposes of section 58 (3) of the Act [payment to landlord], interest is payable at the rate of 4.5% below the prime lending rate of the principal banker to the Province on the first day of each calendar year, compounded annually, on any trust account that remains open for a period longer than one year.

 Section 33 (1) (a) BEFORE repealed by BC Reg 225/2017, effective December 11, 2017.

(a) after the rent increase allowed under section 32 [annual rent increase], the rent for the manufactured home site is significantly lower than the rent payable for other manufactured home sites that are similar to, and in the same geographic area as, the manufactured home site;

 Part 5.1, sections 33.1 and 33.2 were enacted by BC Reg 109/2018, effective June 6, 2018.

 Section 39 (7) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.

(7) A landlord of a manufactured home site who sells an abandoned manufactured home under this Part must, on request of the purchaser, provide the purchaser with an affidavit in the form of the Appendix.

 Section 39 (7) BEFORE amended by BC Reg 109/2018, effective June 6, 2018.

(7) A landlord of a manufactured home site who sells an abandoned manufactured home under this Part must, on request of the purchaser, provide the purchaser with a signed statement in the form of the Appendix.

 Section 51 BEFORE repealed by BC Reg 225/2017, effective December 11, 2017.

Term of sublease

51   (1) A sublease of a manufactured home site, including a manufactured home site rented under a monthly tenancy, may be for a fixed term or on a monthly basis.

(2) Despite subsection (1), a sublease is subject to the continuation of the home owner's tenancy agreement.

 Schedule, section 3 (1) BEFORE amended by BC Reg 223/2015, effective January 18, 2016.

(1) Any term of this tenancy agreement that prohibits, or restricts the size of, a pet or that governs the tenant's obligations regarding the keeping of a pet on the manufactured home site is subject to the rights and restrictions under the Guide Animal Act.

 Appendix BEFORE repealed by BC Reg 50/2016, effective September 1, 2016.

Appendix

(Section 39(7))

Affidavit of Abandonment and Sale of a Manufactured Home

I, ................................................................................................................................., residing at .................................................................................................................................................................... in the Province of British Columbia, MAKE OATH AND SAY AS FOLLOWS:

1 I am the landlord of ........................................................................................ manufactured home park, hereinafter referred to as "the Park".

2 A manufactured home registered in the Manufactured Home Registry under #.............., hereinafter referred to as "the manufactured home" and located on site #............... in the Park, was left in the Park by ............................................... and ............................................................, tenants of the Park, in circumstances amounting to abandonment.

3 On determining that the manufactured home had been abandoned I dealt with it pursuant to Part 6 of the Manufactured Home Park Tenancy Regulation.

4 After complying with the requirements of Part 6 of the Manufactured Home Park Tenancy Regulation, I sold the manufactured home to ......................................................... and .......................................................... on ............................., 20.......

5 This affidavit is made for the purpose of establishing that .................................................... and ...................................................... has/have acquired a marketable title to the manufactured home, free of all encumbrances.

SWORN BEFORE ME AT.......................
British Columbia this..................... day of
..................................................., 20.........

...................................................................
A Commissioner for Taking Affidavits in British Columbia
...................................................................
Landlord