Electric vehicle charging in strata corporations

There is increasing demand for electric vehicle (EV) charging in British Columbia. Effective December 6, 2023, strata corporations can more easily install EV charging. There is a required process for owners and strata corporations to follow when an owner's request for EV charging is considered.  

 Learn more on this page:

• Some lower voting thresholds to approve EV charging
• The required process to approve an owner's request for EV charging
• Exclusive use of a parking stall
• Permanent records
• Low carbon fuel credits

Some lower voting thresholds to approve EV charging

To meet owner demand for electric vehicle (EV) parking, some strata corporations are making some or all strata parking EV ready.

Strata corporations can now approve some EV charging decisions by a majority vote instead of by a ¾ vote. Lower voting thresholds make it easier for strata corporations to approve and install electric vehicle charging as a strata corporation expense.

Please note, a ¾ vote continues to be required to approve special levies, including special levies for EV charging infrastructure.

• The Strata Property Act, section 96, now allows for a majority vote of approval for spending from the contingency reserve fund, if the expense is:
  • related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure.
  • necessary to obtain a report about the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure—this could include an EV Ready Plan or an electrical planning report.
• The Strata Property Act, section 71, now allows a majority vote of approval for a significant change in use or appearance of common property if the change is related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure.
• The Strata Property Act, Section 82, now allows a majority vote of approval for the strata corporation to acquire or dispose of personal property related to the installation, operation, maintenance or repair of EV charging infrastructure, or the management of electricity used by EV charging. (An example of personal property would be an EV charging station owned by the strata corporation).

The required process to approve an owner's request for EV charging

It is now easier for individual owners to install electric vehicle (EV) charging. There is a required process for both the owner and the strata council to follow. The strata council can require the owner to pay the costs of installing EV charging.

The Strata Property Act and Regulation specify:

• the process and details that must be included in an owner’s request to install an EV charger, or other EV charging infrastructure (as detailed below) and
• the conditions and criteria that a strata council may consider when reviewing an owner’s request (as detailed below)

Key dates

The required process to approve an owner’s request for EV charging comes into effect when:

• a strata corporation with five or more lots has either obtained an electrical planning report (EPR) or when the deadline to obtain an electrical planning report has passed. The deadline to obtain an EPR is either December 31, 2026 or December 31, 2028; depending on where in British Columbia the strata corporation is located.
• If a strata corporation is not required to obtain an electrical planning report (for example strata corporations with fewer than five strata lots), the process to approve EV charging is required as of December 31, 2026.

An electrical planning report helps strata corporations to understand their current electrical capacity and their ability to meet new demands for electricity including electric vehicle charging and other demands such as heat pumps.

EV approval process for strata corporation

When reviewing an owner’s request to install EV charging, the strata corporation may consider the capacity of, and current and anticipated demands on, the strata corporation's electrical system. An electric planning report (EPR) will help to inform the strata on electrical capacity and the strata corporation’s decision to approve EV charging.

If the conditions are met, the strata corporation cannot unreasonably refuse the owner’s request to install EV charging. The strata corporation can require the owner to agree, in writing, to certain conditions.

The required process for a strata council to approve an owner’s request for EV charging is outlined below. The strata council can require the owner to pay the costs.

• The strata corporation cannot unreasonably refuse to approve an owner's request, if the owner's request was properly made as per the process in the Strata Property Act section 90.1. However, there can be situations when a request is denied (for example, if the strata corporation does not have sufficient electrical capacity to support the request).
• The strata council must decide whether to approve an owner's request within 3 months of receiving the request.
• If a request is approved, the strata council may require the owner to agree, in writing, to reasonable conditions. Examples of conditions that a strata corporation may require when agreeing to an owner’s installation of EV charging include the strata corporation’s approval of:
  • infrastructure 
  • contractors 
  • materials and/or
  • paying for the costs of the installation in advance
  • a requirement to modify or replace the alteration in the event that the strata corporation installs other EV charging infrastructure for the benefit of additional owners (section 90.2).
•  If the owner’s request is approved, the strata council can allow the owner to make the alteration, or the strata corporation may make the alteration (section 90.3).

The owner's request for EV charging

An owner’s request to install EV charging must include:

• owner contact information and strata lot number
• a description of the proposed EV charging infrastructure
• the location at which the EV charging infrastructure would be used 
• the name and contact information of a qualified contractor 
• a description prepared by a qualified contractor of the work required to make the proposed alterations; and
• an estimate prepared by the contractor of the cost and the time necessary to complete the proposed alterations.

Exclusive use of a parking stall

To support EV charging, strata corporations can grant permission to an owner installing EV charging to exclusive use of a parking stall that is common property.

This exclusive use of the parking stall can be granted for up to 5 years, if the EV charging has been installed in the parking stall and the installation was paid for by the owner.

Permanent records

A strata corporation must permanently keep some records including any reports obtained by the strata corporation with respect to:

• the installation or operation of EV charging infrastructure
• the management of electricity used by EV charging infrastructure

Low carbon fuel credits and strata corporations

If a strata corporation in B.C., with five or more attached units, supplies electricity to EV charging stations, it may be eligible to earn and sell low carbon fuel credits and generate income for the strata corporation. The legislative framework for reporting and trading (selling) low carbon credits is set out under B.C.’s Low Carbon Fuels Act and regulations. Learn more at the BC Government website: Renewable and low carbon fuels – electricity.

Large entities (usually commercial or industrial) which supply 15,000 kilowatts or more of electricity to EV charging stations annually, can receive and sell their low carbon fuel credits directly. In order to receive credits, organizations must report the amount of electricity to the B.C. Ministry of Energy and Climate Solutions using the required process.

Almost all strata corporations will supply much less than 15,000 kilowatts to EV charging stations and are not required to report. However, if strata corporations choose to report, they can receive and sell their low carbon fuel credits by using an allocator (previously referred to as an aggregator). Low carbon fuel credits can be accumulated and sold periodically. The price for low carbon fuel credits is determined by the market and fluctuates.

To be eligible to receive low carbon fuel credits the strata corporation must pass 3 tests:

1. Charging takes place at a building that has 5 or more attached dwelling units.
2. Supply and pay for the electricity to final supply equipment (FSE). Charging stations are FSE because the stations are the final equipment through which electricity is provided to an electric vehicle).
3. Electricity can be measured accurately (such as reading a dedicated BC Hydro meter, getting data from charging stations, or getting data from a networked system)

References:

Strata Property Act:

• Section 35 (2) (n.4) 
• Section 71
• Section 82
• Division 6: Alterations to Common Property to Install EV Charging Infrastructure for Owners
  • Sections 90.1, 90.2 and 90.3.
  • Section 96

Strata Property Regulation:

• Part 5.1 --- Alterations to Common Property to Install EV Charging Infrastructure for Owner

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