Orders in Council and Ministerial Orders
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Orders in Council, Regulations and Ministerial Orders

Updated: March 15, 2018

2018

Impact

 OIC 183

 April 16, 2018

Effective January 1, 2018, amends the Home Owner Grant Regulation by raising the threshold amount from $1,600,000 to $1,650,000.
OIC 97

March 7, 2018
Effective March 7, 2018, amends the Strata Property Regulation to clarify that strata corporations can impose variable user fees for the use of limited common property. A consumption-based rate may be charged to users to recover expenses, as long as it’s reasonable and in a bylaw or rule; e.g., water in bare land strata corporations and electricity usage for those charging electric vehicles.
OIC 89

March 6, 2018
Amends the Energy Efficiency Standards Regulation, under the Energy Efficiency Act, to add new and updated energy efficiency standards for gas fireplaces, residential heat pumps, general service lighting, windows for smaller buildings and consumer electronic products. The changes come into effect between June 2018 and January 2020.

More information.
OIC 79

March 2, 2018
Effective July 11, 2018, Shannon Salter is reappointed as the Chair of the Civil Resolution Tribunal, for a term ending on July 11, 2023.
OIC 65

February 20, 2018
Amends the Property Transfer Tax Regulation to increase the foreign buyer tax to 20% (from 15%) and apply it to the Capital Regional District, Regional District of Central Okanagan, Fraser Valley Regional District and Regional District of Nanaimo—in addition to the Greater Vancouver Regional District. Exemptions are available for residential properties affected by foreclosure, separation agreements and death. Note: the changes don’t apply to transactions with agreements signed before February 21, 2018, if applications for registration are made at land title offices on or before May 18, 2018.

More information.
OIC 53

February 19, 2018
Appoints Nicole Elaine Halbauer and David Christopher Highfield as directors of BC Assessment, effective February 21, 2018, for one-year terms.
OIC 28

February 5, 2018
Registers several heritage properties in the Provincial Heritage Register (Chinese Canadian Heritage Properties).

More information.
OIC 21

January 29, 2018
Appoints Penelope Gurstein as a member of the British Columbia Housing Management Commission for a term of three years. 
OIC 20

January 29, 2018
Appoints Catherine Doyle as member and chair of the British Columbia Housing Management Commission for a term ending July 18, 2022. 
OIC 18

January 29, 2018
Appoints members of the Property Assessment Appeal Board as follows:
  • Effective immediately, Denis Beatty is appointed for a two-year term.
  • Effective February 18, Candace Watson is reappointed for a term ending February 18, 2021.
  • Effective March 31, Simmi Sandhu is reappointed and designated chair for a term ending March 31, 2020. 
OIC 8

January 17, 2018
Authorizes a by-election in the electoral district of Kelowna West. The general voting day for the by-election is February 14, 2018. 
MO 13

January 8, 2018
Amends the BC Building Code Regulation regarding energy efficiency requirements of buildings. Exempts building permit applicants from these requirements if the application is submitted by January 31, 2018.

More information.

 

2017

Impact

OIC 603

December 18, 2017
Gives responsibility to the Attorney General for developing and implementing a regulatory framework for cannabis. 
OIC 549 

December 18, 2017
Amends the Water Sustainability Regulation to:
  • extend the groundwater licence application fee waiver period from Dec. 31, 2017, to March 1, 2019, and
  • allow mineral exploration and small-scale placer mining activities to continue to use water, subject to requirements to protect fish, aquatic ecosystems and the rights of other water users.

More information.

OIC 535 and 534

December 12, 2017
Orders water reservations from 36 tributaries such that certain quantities of water cannot be diverted or used for seven years, per the Water Sustainability Act.

Lists of bodies of water:

OIC 507

December 11, 2017
Appoints 29 individuals as members of the Civil Resolution Tribunal, for terms of two, three or four years.

Full list of appointees.

OIC 501

December 11, 2017
Re-appoints the following individuals as members of the Civil Resolution Tribunal for terms ending December 31, 2021:
  • Maureen E. Baird, Q.C.,
  • Wendy A. Baker, Q.C.,
  • Kathryn A. Serge, Q.C.,
  • Jamie Bleay,
  • Andrew D. Gay, Q.C.,
  • Richard Mountain Lee Hoops Harrison, and
  • Kamaljit Kaur Lehal.
OIC 492

December 8, 2017
Amends the Manufactured Home Park Tenancy Regulation and the Residential Tenancy Regulation, and brings into force numerous sections of the Tenancy Statutes Amendment Act, 2017, regarding fixed-term tenancies. These amendments are a result of the changes passed in the Tenancy Statutes Amendment Act on November 30. The changes prevent landlords from inflating rents at the end of fixed-term tenancy agreements, and from raising rents above the annual allowable amount if similar rents in the geographic area are considerably higher. These changes are effective December 11, 2017.
MO 395

November 28, 2017
Re-appoints Maura Gatensby as Vice-Chair of the Building Code Appeal Board for a one-year term from November 30, 2017 to November 30, 2018. 
MO 394

November 28, 2017
Appoints Robert Douglas Vance as a member of the Building Code Appeal Board for a two-year term. 
MO 393

November 28, 2017
Re-appoints Lyle H. Kuhnert as Chair of the Building Code Appeal Board for a one-year term from January 15, 2018 to January 15, 2019. 
OIC 444

November 28, 2017
Effective January 1, 2017, amends the Home Owner Grant Regulation to specify that:
  • an application for a grant, in a form approved by the minister, must be included with the tax notice.
  • an application for a grant must in section for certain types of property must be accompanied by an eligible occupant application.
  • The deadline for municipalities to deliver final certified statements to the Minister of Finance is extended from before February 28 of each year to on or before the fifth business day in March of each year.
MO 389

November 27, 2017
Appoints 24 individuals to the Property Assessment Review Panel for terms ending November 1, 2019. 

Full list.
OIC 443

November 24, 2017
Effective December 1, 2017, appoints Susan Leah Gimse and Richard John Stuart Rainey to the board of directors of the British Columbia Assessment Authority for terms ending December 1, 2019. 
OIC 432

November 9, 2017
Amends the Agricultural Land Reserve regulations such that all alcohol producers operate under the same rules. This overrides a 2015 regulation that created different rules for wineries and cideries than other alcohol producers.

More information.
MO 366

October 26, 2017
Effective immediately, amends the Environmental Management Act to provide much greater detail about the process and standards for contaminated soil relocation. Relocating soil from a source site to a receiving site now requires a contaminated soil relocation agreement, which must include information on soil testing, soil monitoring, registering the site and registering a covenant under the Land Title Act.  

 More information. 

OIC 412

October 27, 2017
Makes the following reappointments to the Real Estate Council of BC for terms ending October 31, 2018:
  • John Lawrence Daly is reappointed as a member.
  • Robert Gialloreto is reappointed as vice chair.
  • Robert D. Holmes, Q.C. is reappointed as a member and chair.
  • Kevin Peter Lonsdale is reappointed as a member.
  • Elana Valerie Mignosa is reappointed as a member.
  • Laurie Marie Sterritt is reappointed as a member.
MO 357

October 25, 2017
Makes numerous appointments to the Property Assessment Review Panel.

See the full list.
MO 329

September 14, 2017
Creates a new Spill Reporting Regulation to accompany the new regulations under OIC 392, also effective October 30, 2017. 
MO 328

September 14, 2017
Creates a Spill Contingency Planning Regulation to accompany the new regulations under OIC 392, also effective October 30, 2017. 
OIC 392

October 13, 2017
Brings the Environmental Management Amendment Act, 2016 into force. Several regulations come into effect October 30, 2017. The regulations affect (1) Spill Preparedness, Response and Recovery Regulation, (2) Spill Reporting Regulation and (3) Spill Contingency Planning Regulation. The amendments apply to Regulated Persons, defined as rail, pipeline and highway transporters of liquid petroleum products.  

More information.
OIC 334

September 11, 2017
Exempts the Real Estate Council of BC from completing a service plan under the Budget Transparency and Accountability Act for the 2017/18 fiscal year. 
OIC 323

September 1, 2017
Approves Mackenzie River Basin Bilateral Water Management Agreements between the Government of BC and the Governments of Yukon and the Northwest Territories. The Agreements bind each party to manage water resources sustainably.  
OIC 247

August 9, 2017
Designates 1st and 2nd Acting Ministers, including the following of interest to BCREA: 
  • Premier: 1st Acting Minister Carole James, 2nd Acting Minister Adrian Dix.
  • Minister of Finance and Deputy Premier: 1st Acting Minister Bruce Ralston, 2nd Acting Minister Adrian Dix.
  • Minister of Municipal Affairs and Housing: 1st Acting Minister Lisa Beare, 2nd Acting Minister Lana Popham.
  • Minister of Public Safety and Solicitor General: 1st Acting Minister David Eby, 2nd Acting Minister Rob Fleming.
  • Minister of Environment and Climate Change Strategy: 1st Acting Minister Michelle Mungall, 2nd Acting Minister Doug Donaldson.

Full list of appointees.

OIC 240

August 1, 2017
Appoints the following persons as members of the Treasury Board: 
  • Honourable Bruce Ralston (Chair);
  • Honourable Adrian Dix;
  • Honourable Rob Fleming;
  • Honourable George Heyman;
  • Honourable Michelle Mungall;
  • Honourable Selina Robinson;
  • Jagrup Brar;
  • Mitzi Dean;
  • Mable Elmore; and
  • Bowinn Ma. 
OIC 239

August 1, 2017
Appoints the following persons as members of the Environment and Land Use Committee: 
  • Honourable Scott Fraser (Chair);
  • Honourable Doug Donaldson;
  • Honourable George Heyman;
  • Honourable Michelle Mungall;
  • Honourable Lana Popham; and
  • Honourable Claire Trevena.
OIC 238

August 1, 2017
Designates several cabinet committees, including the Housing Working Group. Members include:
  • Honourable Selina Robinson (Chair);
  • Honourable Harry Bains;
  • Honourable Lisa Beare;
  • Honourable George Chow;
  • Honourable David Eby;
  • Honourable Claire Trevena;
  • Honourable Shane Simpson;
  • Spencer Chandra Herbert;
  • Ronna-Rae Leonard; and
  • Bowinn Ma. 

Full list of committees.

OIC 226

July 19, 2017
Rescinds the appointment of M. Judy Rogers as member and chair of the British Columbia Housing Management Commission, and appoints Cassie Doyle as member and chair for a term ending July 18, 2022. 
OIC 212

July 18, 2017
Rescinds all previous designations of Cabinet Ministers and parliamentary secretaries, and makes new appointees including the following of interest to BCREA:  

Ministers: 
  • Hon. John Horgan – Premier
  • Hon. Carole James – Finance and Deputy Premier
  • Hon. Selina Robinson – Municipal Affairs and Housing
  • Hon. Mike Farnworth – Public Safety and Solicitor General
Parliamentary Secretary:
  • Jennifer Rice – Parliamentary Secretary for Emergency Preparedness to the Minister of Public Safety and Solicitor General

Full list of appointees.
OIC 199

June 16, 2017
Designates First and Second Acting Ministers to act on a primary minister’s behalf when the minister is absent from the capital or is unable to perform the duties of their office. Appointees include: 
  • Rich Coleman, 1st Acting Minister for Premier
  • Shirley Bond, 1st Acting Minister for Finance
  • Rich Coleman, 1st Acting Minister for Natural Gas Development and Minister Responsible for Housing
  • Andrew Wilkinson, 1st Acting Minister for Pubic Safety and Solicitor General
  • Mary Polak, 1st Acting Minister for Transportation and Infrastructure

Full list of appointees.

OIC 195

June 12, 2017
Appoints parliamentary secretaries, including the following: 
  • Doug Clovechok, Parliamentary Secretary to the Premier
  • Dan Ashton, Parliamentary Secretary to the Minister of Finance
  • Michael Lee, Parliamentary Secretary for Housing Affordability to the Minister of Natural Gas Development and Minister Responsible for Housing 
  • Laurie Throness, Parliamentary Secretary for Corrections to the Minister of Public Safety and Solicitor General 

Full list of appointees.

OIC 192 

June 12, 2017
Designates Cabinet Ministers, including the following: 
  • The Hon. Christy Clark, Premier
  • The Hon. Michael de Jong, Finance
  • The Hon. Ellis Ross, Natural Gas Development and Minister Responsible for Housing
  • The Hon. Michael Morris, Public Safety and Solicitor General
  • The Hon. Todd Stone, Transportation and Infrastructure

The following person is designated as an official without a portfolio:

  • The Hon. Donna Barnett, Minister of State for Rural Economic Development 

Full list of appointees.

OIC 188

April 7, 2017
Amends the Taxation (Rural Area) Act Regulation, under the Taxation (Rural Area) Act, setting the tax rates for 2017 and subsequent tax years for all property classes. Rates are marginally higher for some classes. 

More information.
OIC 185

April 7, 2017
Determines the rates for the net taxable value of all property classes in each school district in the province, applied for the 2017 calendar year, as follows:
  • Utilities: 13.4%
  • Supportive housing: 0.1%
  • Major industry: 4.8%
  • Light industry: 4.8%
  • Business and other: 4.8%
  • Managed forest land: 1.9%
  • Recreational property/Non-profit organization: 2.7%
  • Farm: 6.9%
MO 158 

April 6, 2017
Effective immediately, amends the Building Code General Regulation to introduce the BC Energy Step Code, a voluntary compliance path that establishes progressive performance targets that support transition from the current energy-efficiency requirements in the BC Building Code to net zero energy ready buildings by 2032.

The BC Energy Step Code applies immediately, but only to new construction of the following building types:

  • Residential (Part 9) – Province-wide.
  • Multi-unit residential and commercial (business and personal services and mercantile) – only in climate zone 4 (i.e., Lower Mainland, southern Vancouver Island, southern Okanagan).

More information (Ministerial Order 158).
Government guide to the Energy Step Code.

MO 157

April 6, 2017
Amends the Building Act General Regulation to specify unrestricted matters related to energy conservation and greenhouse gas emissions reduction, to support local government use of the BC Energy Step Code. These two matters are unrestricted with two conditions: 
  • local governments may not require buildings to be constructed except in conformance to a step in sections 9.36.6.3. or 10.2.3.3. of Division B of the British Columbia Building Code, and
  • local governments may not modify the requirements or impose requirements in addition to those in sections 9.36.6. or 10.2.3. of Division B of the British Columbia Building Code.

More information.
OIC 174

March 31, 2017
Amends the Water Sustainability Regulation to state that a fire department may divert and use water without holding an authorization for the diversion and use if the diversion and use is for activities related to preparation for firefighting.
MO 137

March 23, 2017
Appoints Donald C. Peddle as a member of the Executive Committee of the Building Officials’ Association of British Columbia, for a term ending September 30, 2017.

MO 136

March 23, 2017
Establishes that the fee-setting process for the Building Act must be in accordance with the following:
  • Before setting a new fee or changing a fee, the administrative authority must consult with representatives of stakeholders (qualified building officials, local authorities and persons who employ qualified building professionals) and the Union of British Columbia Municipalities.
  • The administrative authority must notify stakeholders and the UBCM of any new fee or change in a fee at least 90 days in advance of the fee taking effect.
  • The administrative authority must post the notification on a publicly accessible website maintained by, or on behalf of, the administrative authority. 
OIC 152 

March 15, 2017
Exempts foreign buyers who are in the BC Provincial Nominee Program and purchase a primary residence in the Metro Vancouver region from paying the additional 15% Property Transfer Tax for foreign buyers. Provincial nominees can apply for the exemption beginning March 17, 2017.

The exemption is also retroactive. Nominees who purchased a principal residence on or after August 2, 2016 can apply for retroactive exemption. Qualifying individuals who have become permanent residents or Canadian citizens will be able to apply for a refund beginning August 2, 2017.

News release.
Exemption and refund forms and information.
OIC 114

March 6, 2017
Authorizes the British Columbia Assessment Authority to introduce the 2017 Assessment Authority Bylaw, which sets out the rate of tax applied against each classification of land and improvements.

More information.
OIC 111

March 6, 2017
Introduces the North American Gypsy Moth Eradication Regulation in order to implement eradication of this invasive species. 
MO 81

February 28, 2017
Effective February 28, 2017, specifies examination requirements and continuing professional development requirements for qualified building officials. 

MO 80

February 28, 2017
Designates Derek Townson as the Registrar of Qualified Building Officials for a five-year term effective February 28, 2017 and ending February 28, 2022. 
OIC 86

February 28, 2017
Repeals fifteen regulations related to the Property Transfer Tax Exemption Regulation. These regulations were repealed because the transfers had been completed; therefore, the regulations were no longer needed. OIC 86 was passed as part of the government’s red-tape reduction initiative.
OIC 80

February 28, 2017
Effective January 1, 2017, the Home Owner Grant Regulation is amended to include new definitions regarding persons with disabilities and assistive modifications in homes. 

More information.
MO 79 

February 27, 2017
Effective February 28, 2017, makes the following amendments to the Building Act General Regulation:
  • Prescribes additional undefined matters as being under local authority jurisdiction, including: water supply for firefighting, any structural support needed to elevate a floor system above the specified flood level, and matters relating to heritage values or characters of a building.
  • Prescribes time-limited unrestricted matters as being under local authority jurisdiction, including: fire sprinklers and matters related to the accessibility of a building to a person with disabilities.
  • Adds definitions for qualified building professionals prescribed under the Act, as well as professionals exempt from the Act. 

More information.

OIC 71

February 22, 2017
Appoints James Emerson Howell as member and vice-chair of the Property Assessment Appeal Board for a term of 3 years.
MO 66

February 20, 2017
Effective July 20, 2017, the British Columbia Building Code Regulation is amended to include new language with respect to installing sprinkler systems in low-rise residential occupancies.

An applicant for a building permit is exempt from the amendments for building permit applications submitted before July 20, 2017 if:
  •  the permit applied for is issued and work commences and finished without interruption (other than work stoppages considered reasonable in the building industry), and
  • all work is carried out in conformity with the BC Building Code Regulation.
MO 54

February 14, 2017
Appoints Heather Christine Banham of West Kelowna and Arthur Stewart Hoehn of Abbotsford to the Property Assessment Review Panel to serve as members for a term ending November 1, 2018.

States that members of a Property Assessment Review Panel shall be paid with respect to duties performed, as follows:
  • Chair:  $375.00 for each day or $187.50 for each half day
  • Member:  $300.00 for each day or $150.00 for each half day
OIC 27

January 30, 2017
Effective January 1, 2017, the threshold amount for the Home Owner Grant has increased to $1,600,000 from $1,200,000. Homes valued at up to $1.6 million may now be eligible for the full Home Owner Grant.
OIC 9

January 19, 2017
Effective April 1, 2017, under the Real Estate Services Regulation, the fee paid by the applicant for, or holder of, a license will increase from $50 to $150 for the following services:
(a) new licence,
(b) licence renewal,
(c) licence amendment, other than a change of name or address, or
(d) licence reinstatement.

Fees will be paid to the real estate council who will remit the amounts to the superintendent.
MO 8

January 10, 2017

Reappoints Lyle H. Kuhnert as Chair of the Building Code Appeal Board, for a one-year term ending January 15, 2018.