Disclaimers
Please bear in mind certain disclaimers regarding the following
excerpts from statutes. First, they are current to June, 1995.
You will have to check if they have been amended. Second, these
excerpts are unofficial. Consult the statutes published by the
Queen's Printer of British Columbia for the official versions.
Third, the precise meaning of any excerpt can be determined only
in the context of the full statute, other statutes and any court
decisions bearing on the subject.
Land Title Act, section 215
The following is the text of section 215 of the BC Land
Title Act, RSBC 1979, c.219, as amended by Bill 28, Land
Title Amendment Act, 1994, SBC 1994, c.44.
Registration of covenant as to use and alienation
215. (1) A covenant described in subsection (1.1) in favour of
the Crown, a Crown corporation or agency, a municipality, a regional
district or a local trust committee under the Islands Trust
Act, as covenantee, may be registered against the title to
the land subject to the covenant and is enforceable against the
covenantor and the successors in title of the covenantor even
if the covenant is not annexed to land owned by the covenantee. (a) provisions in respect of
(i) the use of land, or
(ii) the use of a building on or to be erected on land;
(b) that land
(i) is to be built on in accordance with the covenant,
(ii) is not to be built on except in accordance with the covenant,
or
(iii) is not to be built on;
(c) that land
(i) is not to be subdivided except in accordance with the covenant,
or
(ii) is not to be subdivided;
(d) that parcels of land designated in the covenant and registered
under one or more indefeasible titles are not to be sold or otherwise
transferred separately;
(e) Repealed
(a) the Crown or a Crown corporation or agency,
(b) a municipality, regional district or local trust committee under the Islands Trust Act, or
(c) any person designated by the Minister of Environment, Lands and Parks on terms and conditions he or she thinks proper,
as covenantee, may be registered against the title to the land subject to the covenant and, subject to subsections (7) and (8), is enforceable against the covenantor and the successors in title of the covenantor even if the covenant is not annexed to land owned by the covenantee.
(a) any of the provisions under subsection (1.1);
(b) that land or a specified amenity in relation to it be protected, preserved, conserved, maintained, enhanced, restored or kept in its natural or existing state in accordance with the covenant and to the extent provided in the covenant.
(a) an indemnity of the covenantee against any matter agreed to by the covenantor and covenantee and provision for the just and equitable apportionment of the obligations under the covenant as between the owners of the land affected; and
(b) a rent charge charging the land affected and payable by the covenantor and his successors in title.
(a) modified by the holder of the charge and the owner of the land charged; or
(b) discharged by the holder of the charge
by an agreement or instrument in writing the execution of which is witnessed or proved in accordance with this Act.
(a) another covenantee named in the instrument creating the covenant, or
(b) an assignee of a covenantee if the assignment has been approved in writing by the Minister of Environment, Lands and Parks.
Property Transfer Tax Act, section
5.2
The following is the text of section 5.2 of the BC Property
Transfer Tax Act, RSBC 1979, c.15, as amended by Bill 28,
Land Title Amendment Act, 1994, SBC 1994, c.44.
Exemption for land subject to conservation covenant
5.2 (1) In this section "conservation covenant" means
a covenant in favour of the Crown that
(a) is registered under subsection (2), and
(b) includes
(i) one or more provisions described in section 215 (1.3) (b)
of the Land Title Act,
(ii) provisions that the covenant will not be amended or discharged
without the approval of the Lieutenant Governor in Council, and
(iii) any other provision prescribed by regulation for inclusion.
(a) pay out of the consolidated revenue fund a refund of the tax paid equivalent to the amount of exemption to which the transferee would have been entitled had the conservation covenant been registered at the time of the taxable transaction, or
(b) send a letter to the transferee stating the reasons for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the transferee to file a notice of objection under section 8.
(a) file a return referred to in section 2 (1), and
(b) pay to the government, as tax payable under this Act, an amount equal to the tax that would be payable at that time were the title to the land being transferred to that person as transferee in a taxable transaction referred to in paragraph (a) (i) of the definition of taxable transaction.
(a) that the Lieutenant Governor in Council has not approved the discharge,
(b) that the return required by subsection (8) has not been filed, or
(c) that the tax imposed by subsection (8) has not been paid.
(a) pay out of the consolidated revenue fund a refund of the tax paid under this Act by the transferee in relation to the taxable transaction referred to in subsection (10) equivalent to the amount of exemption to which the transferee would have been entitled had the taxable transaction been registered after May 22, 1991 and had the conservation covenant been registered at the time of the transaction, or
(b) send a letter to the transferee stating the reasons for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the transferee to file a notice of objection under section 8.
Assessment Act, section 26(3.5)
The following is the text of subsection 26 (3.5) of the BC Assessment
Act, RSBC 1979, c.21, as amended by Bill 28, Land Title
Amendment Act, 1994, SBC 1994, c.44.
26 (3.5) In determining actual value, the assessor shall give
consideration to any terms or conditions contained in a covenant
registered under section 215 of the Land Title Act.
Property Law Act, section 31
Court may modify or cancel charges
31. (1) A person interested in land may apply to the Supreme Court
for an order to modify or cancel a charge or interest against
the land, registered either before or after this section comes
into force, and being an easement, a land use contract, a statutory
right of way, a statutory building or statutory letting scheme,
a restrictive or other covenant burdening the land or the owner,
a right to take the produce of or part of the soil, or an instrument
by which minerals or timber or minerals and timber, being part
of the land, are granted, transferred, reserved or excepted. (a) by reason of changes in the character of the land, the neighbourhood
or other circumstances the court considers material, the registered
charge or interest is obsolete;
(b) the reasonable use of the land will be impeded, without practical
benefit to others, if the registered charge or interest is not
modified or cancelled;
(c) the persons who are or have been entitled to the benefit of
the registered charge or interest have expressly or impliedly
agreed to it being modified or cancelled;
(d) modification or cancellation will not injure the person entitled
to the benefit of the registered charge or interest; or
(e) the registered instrument is invalid, unenforceable or has
expired, and its registration should be cancelled.
(a) inquiries to a municipality or other public authority; and
(b) notices, by way of advertisement or otherwise, to the persons who appear entitled to the benefit of the charge or interest to be modified or canceled.