Changes to strata legislation

Last updated on December 6, 2023

Strata legislation is regularly updated. This page conveniently summarizes changes to strata legislation and related legislation since 2011, including highlighting strata-related legislative changes in progress. Users can also subscribe for occasional emailed updates to strata legislation and the Province's strata housing website.

Learn more on this page:

Changes to strata legislation since 2011

(listed from newest to oldest)

Please note it can take several weeks for legislative changes to be incorporated into the free online version of the Strata Property Act .

 

Electric Vehicle Charging and Electrical Management Regulation (December 6, 2023)

To support electric vehicle charging in strata corporations and to help strata corporations plan for additional demands on their electrical capacity, on December 6, 2023, the Electric Vehicle Charging and Electric Management Regulation has been passed by Order-in-Council, (OIC 671-23) and has brought additional changes into effect by regulation.

These regulations:

  • Require strata corporations with five or more lots to obtain an electrical planning report
  • Enable strata corporations to grant short-term exclusive use of parking stalls on common property equipped with EV charging for up to five years, in certain circumstances
  • Create a process for an owner to request the installation of EV charging and require the strata corporation to consider and respond to an owner’s request within 3 months

Learn more on the updated webpage electrical vehicle charging in strata corporations

 

Electric vehicle charging in strata corporations (May 11, 2023)

On May 11, 2023, B.C. made changes to the Strata Property Act to make it easier for strata corporations and owners to install electric vehicle (EV) charging infrastructure in strata properties.

  • Some changes came into effect on May 11, 2023, including allowing a strata corporation to approve some EV charging decisions by majority vote instead of by a ¾ vote.
  • Other changes will be brought into force at a later date by regulation. These regulations will specify criteria and requirements relating to electrical planning reports and requests for and/or approval of installation of EV charging. Learn more in strata corporations and electric vehicle charging
 

Additional exemptions to age-restriction bylaws (May 1, 2023)

Effective November 24, 2022, strata corporations in B.C. may only have an age-restriction bylaw for an age that is not less than 55 years with exemptions for some caregivers and residents previously residing. Effective May 1, 2023, additional exemptions have been made for children (including adult children), and younger spouses or partners as per OIC 276-2023. Please learn more in strata age-restriction bylaws.

 

Minimum 10% annual contribution to the contingency reserve fund (Nov 1, 2023)

Effective November 1, 2023, when approving budgets at the annual general meeting, strata corporations and sections will be legally required to contribute a minimum of 10% of the annual operating fund to the contingency reserve fund (CRF). The amount that owner developers must contribute to the contingency reserve fund for new strata developments has also increased. (The Order-in-Council 0032-2023 was deposited January 24, 2023.)

 

Form B and insurance summary (April 1, 2023)

Effective April 1, 2023, strata corporations and sections will have to provide a summary of their insurance coverage on the Form B: Information Certificate. The Form B is a provincially prescribed form and the current version must be used, learn more about Form B. (The Order-in-Council 0032-2023 was deposited January 24, 2023.)

 

No strata rental-restriction bylaws allowed (Nov 24, 2022)

As of November 24, 2022, no strata corporation or section is allowed to have a residential rental-restriction bylaw. All strata rental-restriction bylaws are invalid. (Note: no strata bylaw changes are required as provincial legislation changed). Short-term rental strata bylaws are allowed and a strata corporation or section may have, or create, a bylaw banning or limiting short-term rentals.

Reference (Nov 27, 2022): Progress of Bills, 3rd Session, 42nd Parliament (2022); Bill 44, Building and Strata Statues Amendment Act.

 

Strata age-restriction bylaws limited to age 55+ (Nov 24, 2022)

As of November 24, 2022, only strata bylaws which limit occupants to age 55+ are allowed; any strata age-restriction bylaw restricting ages to less than age 55 is invalid. Strata corporations and sections are allowed to have age-restriction bylaws that require one or more persons residing in the strata lot to have reached an age that is not less than 55 years. The legislation also exempts some live-in caregiver, including caregivers under the age of 55. These changes apply regardless of existing strata bylaws.

Reference (Nov 27, 2022): Progress of Bills, 3rd Session, 42nd Parliament (2022); Bill 44, Building and Strata Statues Amendment Act.

 

Electronic participation in general meetings (Nov 24, 2022)

Effective November 24, 2022, all strata corporations in B.C. are allowed to conduct annual and special general meetings by electronic means, or use a hybrid of in-person and electronic participation. The strata council chooses the format of the meeting and must include in the meeting notice, instructions for participating by phone or other electronic means if permitted. No strata bylaw is required. There will be a four-month transition period (to March 24, 2023) before strata corporations must comply with the new legislative requirements when holding electronic or hybrid meetings.

This legislation replaces the previous regulation which had permitted all stratas in British Columbia to conduct meetings by an electronic method until December 31, 2022.

Learn more in voting process and preparing for a general meeting.

Reference (Nov 27, 2022): Progress of Bills, 3rd Session, 42nd Parliament (2022); Bill 44, Building and Strata Statues Amendment Act.

 

Changes to strata insurance (August 14, 2020)

Bill 14 – 2020: Municipal Affairs and Housing Statutes Amendment Act (No. 2), 2020 enacts various insurance-related amendments to the Strata Property Act and the Financial Institutions Act. Some of these changes came into effect at Royal Assent, while others will come into force at a later date by regulation.

Effective as of Royal Assent on August 14, 2020 strata corporations must inform owners as soon as feasible of any material change in the strata corporation’s insurance coverage, including increasing deductibles.

Other changes will be brought into force by regulation. More information is available on the strata housing website in the section on the cost of strata corporation insurance.

 

Meeting delays due to declared emergencies and paying for insurance (May 29, 2020)

An Order-in-Council (OIC 270 2020) has amended the Strata Property Regulation in two ways:

  1. Helps strata corporations cope with the COVID-19 pandemic by allowing them to postpone a general meeting or take additional time to develop and implement a new meeting format (e.g., an electronic or restricted proxy meeting). This change will apply to future states of emergency as well. More details in the strata housing COVID-19 webpage in the section on meetings and decision-making.
  2. Clarifies that strata corporations can pay for rising insurance costs from their contingency reserve fund, without approval from owners, if payment is required before there is time to convene a general meeting. 
 

Electronic AGMs (annual general meetings) during the COVID-19 pandemic (April 15, 2020)

During the COVID-19 pandemic all strata corporations can hold electronic general meetings whether or not they have strata bylaws explicitly enabling this. Strata councils already have the ability to hold electronic meetings. More details on electronic general meetings and other options including restricted proxy meetings can be found in the strata housing COVID-19 webpages.

 

Clarifying deposit insurance requirements (March 6, 2019) 

Strata Property Regulation 6.11 has been amended (OIC 101-2019 pdf) to clarify deposit insurance requirements for monies invested by strata corporations.

In 2014, this part of the Strata Property Regulation was amended to modernize and simplify the requirements for permitted investments for funds collected through special levy or held in a contingency reserve fund. The Regulation specified that certain investments (savings and chequing accounts, term deposits, and guaranteed investment certificates (GICs)) must be in accounts at financial institutions that are a member of the Canada Deposit Insurance Corporation (CDIC) or the Credit Union Deposit Insurance Corporation of British Columbia (CUDIC), and the deposit must be eligible for deposit insurance.

Accounts at financial institutions that are members of CUDIC have unlimited deposit insurance protection. However, as CDIC limits deposit insurance to the first $100,000 of the total amount on deposit, some strata corporations interpreted Regulation 6.11 to mean that the entire amount on deposit must be insured and believed they are required to divide their investments across many accounts to ensure no account exceeds the $100,000 limit. Many strata corporations have account balances well in excess of $100,000, and it was never intended that strata corporations administer a multitude of accounts to keep balances under the deposit insurance limit.

To reduce confusion and the perceived administrative burden on strata corporations, the language in Regulation 6.11 has been amended to clarify that that a strata corporation is compliant with the Regulation in situations where only a portion of an account is eligible for deposit insurance. The amendment takes effect immediately.

These amendments are part of ongoing efforts to reduce regulatory barriers and are expected to reduce the administrative burden on strata corporations.

 

Strata corporations must retain Civil Resolution Tribunal decisions (January 1, 2019)

Effective January 1, 2019 the Strata Property Act, requires strata corporations to also retain Civil Resolution Tribunal decisions under Section 35 which governs strata corporation records. 

Section 35 (2) (h) now reads "The strata corporation must retain copies of all of the following" . . . "any decision of an arbitrator or judge, or of the civil resolution tribunal, in a proceeding in which the strata corporation was a party, and any legal opinions obtained by the strata corporation;"

 

Increased fines for short-term rental bylaws (November 30, 2018)

On July 18, 2018, strata regulation 7.1 (OIC 418-2018 pdf) was amended to allow strata corporations to impose a fine of up to $1,000 a day for owners or residents not complying with a strata bylaw limiting or banning short-term rentals. The previous allowable fine of $200 a week was not a sufficient deterrent. This new level of fine only applies to short-term rental bylaws.

This is one of the commitments in the Province's 30-point affordable housing plan announced February 20, 2018.

This new fine level became effective November 30, 2018, allowing short-term rental hosts time to comply with strata bylaws regulating short-term rentals.

 

 Clarifying strata user fees for Common Property (March 2018)

Effective March 7, 2018, amendments to Strata Property Regulation 6.9 (OIC 36/208 pdf) clarify that variable user fees are permitted for the use of strata common property.

A consumption-based rate may be charged to users to recover expenses as long as it is reasonable and in a strata bylaw or rule. For example:

  • water use in bare land strata corporations or
  • electricity usage for strata residents charging their electric vehicles.

These amendments are part of ongoing efforts to reduce regulatory barriers and are expected to promote the approval of and access to electric vehicle charging stations in strata properties.

 

 

Strata termination (winding up) legislation (July 2016)

Effective July 28, 2016, strata owners are now able to terminate the strata corporation by an 80% vote of all eligible voters instead of the previous unanimous voting requirement. The changes include court oversight to protect any minority dissenting owners and registered chargeholders (e.g. mortgage providers).

The Form B: Information Certificate was also updated to include any disclosure of a pending winding up (termination) resolution.

The Strata Property Regulation and Bare Land Strata Plan Cancellation Regulation are also amended to refer to the new 80 percent vote resolution and reflect the procedural rules that apply to the termination of a bare land strata corporation.

Learn more about termination (winding up) of a strata corporation.

Please view the Order In Council for the section references.

 

 

Civil Resolution Tribunal (July 2016)

The new Civil Resolution Tribunal (CRT) enables strata residents to resolve many common disputes outside of court. Learn more on resolving strata disputes and the CRT.

Supporting changes have been made to the Strata Property Act: 

The Civil Resolution Tribunal does not have jurisdiction over some strata disputes, including those related to the termination of strata corporations.

Please view the Order In Council for specific sections.

 

Certified guide dogs and service dogs (January 2016)

As of January 18, 2016, British Columbia’s new Guide Dog and Service Dog Act and corresponding supporting changes to the Strata Property Act are now in effect:

  • Strata owners, occupants, tenants and visitors are able to have their certified guide dog or service dog on strata premises, regardless of strata bylaws banning or limiting pets or tenancy agreements.
  • Certified retired guide dog or service dog can remain living with handlers in rental or strata properties, even if a new dog has been certified to take over its duties.
  • Certified guide dogs and service dogs are not a specific breed or size – the focus of certification is on the dog’s training to support public safety.
  • Protections under the Human Rights Code may still apply to uncertified dog and handler teams –  strata corporations may wish to seek legal advice specific to their situations.

Learn more about what this means for strata corporations in pet bylaws.

Also check out the Province of B.C. webpages on guide and service dogs with detailed information on:

  • certification for guide and service dogs, retired service dogs, and dogs-in-training
  • legislation and policy
  • fees, forms and process
  • questions and answers
 

Clarifying strata legislation (November 2015)

As of November 17, 2015 the Strata Property Act has been amended for greater clarity. Three minor strata "housekeeping" amendments in Bill 40 -2015- the Natural Gas Development Statutes Amendment Act, 2015 are in effect. These three amendments:

  • clarify the voting requirement for an application to court for a special levy, SPA Section 173,
  • remove confusion as to what the term “all the eligible voters” means, SPA Section 193 (3); and
  • clarify that regulation 6.11 for permitted investments applies to both contingency reserve funds and funds collected by special levy, SPA Section 292 (2) (l1).
 

Strata investments (July 2014)

Effective July 16, 2014, a strata corporation’s investment options have changed. In order to simplify and modernize what strata corporations may invest their contingency reserve funds and special levies in, the Province made changes to the Strata Property Regulation. The amendment clarifies the current regulation while enabling a wide range of high quality investment opportunities. Most existing accounts or investments actually used by strata corporations would qualify under this regulation. Any existing investments that do not comply with the amended regulation are "grandfathered" until they mature or are sold. View the Order In Council for the detailed information.

 

Strata repairs and more (April 2014)

On April 9, 2014 the adoption of Bill 12 (the Natural Gas Development Statutes Amendment Act) made some amendments to the Strata Property Act.

In general, the amendments make it easier for strata corporations to carry out their repair and maintenance responsibilities, clarifying requirements and refining problematic definitions.

A strata corporation may now pay for repairs from the contingency reserve fund (CRF) by majority vote (instead of a 3/4 vote) if they are specifically recommended by their depreciation report. The strata corporation may also may pay for a depreciation report from the CRF by majority vote. Or the strata corporation can pay for a depreciation report from the operating fund, also by majority vote. Other minor changes clarified the definition of purchaser and that storage locker allocations are required records. 

 

Parking and storage lockers (January 2014)

Effective January 1, 2014 strata corporations must identify how parking spaces and storage lockers are allocated to strata lots on the updated “Form B: Information Certificate”. This was passed by regulation on December 14, 2011.

 

Strata corporations can apply to the Supreme Court to require owners to pay for repairs (December 2013)

On December 12, 2013 the Province brought into force legislative amendments to allow strata corporations with majority support to apply to the BC Supreme Court to require strata owners to pay for certain repairs.

Under the amendment the court can issue an order to proceed with certain critical repairs necessary to ensure safety and prevent significant loss or damage as if the strata owners have passed a resolution endorsing a special levy. Prior to this amendment the Strata Property Act had required a 3/4 vote to impose a special levy to raise money for needed repairs to common property. Without this amendment, a number of strata corporations would have remained deadlocked and deteriorating. View the revised Section 173 of the Strata Property Act for the above changes.

 

Retaining depreciation reports and related material; and obtaining depreciation reports by the second annual general meeting (February 2013)

On February 28, 2013, the Province passed Order-in-Council Number 090, containing amendments to the Strata Property Regulation on the retention of depreciation and repair/maintenance reports as well as when a new strata corporation must obtain its first depreciation report. Any strata corporation formed after December 14, 2011, must obtain its first depreciation report within six months of the date of the strata corporation's second annual general meeting (or, if holding the second AGM was waived, the last date by which the strata corporation would otherwise have held this meeting). A strata corporation must permanently retain any depreciation report that it obtains. In addition, any reports obtained by a strata corporation respecting repair or maintenance of major items, including those commissioned for completing a depreciation report, must be retained until the items are disposed of or replaced.

 

"Form B: Information Certificate" revised (March 2012)

Effective March 1, 2012 (passed by regulation on December 14, 2011) the "Form B: Information Certificate" was revised to disclose the following information for prospective purchasers: any rules for the strata corporation; the "Form J: Rental Disclosure Statement" for the strata lot; the current budget and the most recent depreciation report, if any.

 

Depreciation report requirements (December 2011)

On December 14, 2011 the provincial government brought into effect regulations requiring most strata corporations to obtain depreciation reports by December 12, 2013 and update the reports every three years. Strata corporations can waive the requirement for depreciation reports by an annual 3/4 vote. Strata corporations with four, or fewer, strata lots are not required to obtain depreciation reports.

 

Contributions to the contingency reserve fund (CRF) (December 2011)

On December 14, 2011 the provincial government brought into effect regulations allowing strata corporations to make contributions to the contingency reserve fund (CRF), above the 25% minimum, by majority vote as part of the budgeting process at the annual general meeting (AGM). Previously an annual 3/4 vote had been required to make contributions to the CRF if the CRF was more than 100% of annual operating expenses. 

 

Subscribing for updates

Users can subscribe for updates to strata legislation and the Province's strata housing website. Updates are emailed about three to four times a year.

Related legislative changes

Limitation period: On June 1, 2013, the basic limitation period under the BC Limitation Act for debt collection changed to two years. For strata corporations this means that some debts - such as special levies and strata fees - that become due and owing are generally not collectable after a two-year period.

Since the Limitation Act was changed in 2013, subsequent court cases and Civil Resolution Tribunal (CRT) decisions have indicated that the two-year limitation period does not apply to the collection of strata fines.

Non-medical use of cannabis: effective October 17, 2018 Canadians now have legal access for non-medical use of cannabis subject to provincial regulations; medical use of cannabis has been legal since 2001, subject to federal requirements. For more information please read the Province's strata housing webpage "Non-smoking bylaws in stratas" with links to other resources.

BC Electrical Code changes for Electric Vehicle Energy Management Systems: amendments to the BC Electrical Safety Regulation came into effect on January 1, 2020. The amendments mean that building owners and managers using an Electric Vehicle Energy Management System, including strata corporations, may not be required to calculate electrical load based on 100% of the demand of the electric vehicle supply equipment installed. Please consult a qualified field safety representative electrician, technologist, or engineer for questions or information about this change.

Legislative changes in progress

August 14, 2020: the Province has brought in some legislative changes with respect to strata insurance; other changes may happen after further consultation. More information is available on the strata housing website in the section on the cost of strata corporation insurance.

Review of strata legislation

To ensure the legislation meets the needs of the strata community and stakeholders and is working as intended, the Province regularly reviews the Strata Property Act and regulations.

With support from the Province of British Columbia, the BC Law Institute (BCLI) has concluded a five year review of the Strata Property Act and regulations which had many opportunities for public review and comment.

Suggestions and concerns with respect to strata legislation can also be made at any time to Housing Policy Branch in the Ministry of Housing.

Strata policy decisions

Audited financial statements are not legally required. After consultation with strata owners and the strata community in 2011, the provincial government decided not to require strata corporations to obtain audited financial statements. Strata corporations may still choose to have their financial statements audited.


Find it fast: a convenient site map listing all the webpages on the Province's strata housing website.

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Disclaimer: The information on this strata housing website is provided for the user’s convenience as a basic starting point; it is not a substitute for getting legal advice. Please learn more about the site’s purpose and limits.

The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: December 6, 2023.