Squamish Nation Residential Tenancy Regulations (SOR/2023-135)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  First Nation

  First Nation, in relation to lands described in column 2 of Schedule 1, means the First Nation named in column 1 of that Schedule. (Première Nation)

  incorporated laws

  incorporated laws means the statutes and regulations of British Columbia, or the portions of them, that are set out in Schedule 2, as amended from time to time and as adapted by sections 11 to 31. (texte législatif incorporé)

  project lands

  project lands, in relation to a First Nation named in column 1 of Schedule 1, means the reserve lands described in column 2 of that Schedule. (terres du projet)

  provincial body

  provincial body has the same meaning as in section 1 of the FNCIDA Implementation Act, S.B.C. 2012, c. 21. (organisme provincial)

  provincial official

  provincial official has the same meaning as in section 1 of the FNCIDA Implementation Act, S.B.C. 2012, c. 21. (fonctionnaire provincial)

• Marginal note:Expanded meaning of undertaking

  (2) For the purposes of the First Nations Commercial and Industrial Development Act, the meaning of the expression “commercial or industrial undertaking” is enlarged to include a manufactured home park and a residential tenancy development.

Marginal note:British Columbia Interpretation Act

2 The incorporated laws are to be interpreted in accordance with the British Columbia Interpretation Act, R.S.B.C. 1996, c. 238, as amended from time to time, and, for that purpose, references to “enactment” in that Act are to be read to include the incorporated laws.

Marginal note:Adaptations

3 For greater certainty, the adaptations in sections 11 to 31 are to be interpreted to be part of the incorporated laws to which they apply.

Purpose

Marginal note:Purpose

4 The purpose of these Regulations is to implement with respect to the project lands a legal regime that is harmonized with the legal regime of British Columbia that governs the landlord and tenant relationship in relation to manufactured home parks and residential tenancy developments.

Application of Incorporated Laws

Marginal note:Power to fix date of application

5 Subject to sections 6 and 9, the Minister must, by order, fix and set out in column 3 of Schedule 1, the date on which the incorporated laws begin to apply to project lands listed in column 2 of that Schedule.

Marginal note:Restriction — incorporated laws in force

• 6 (1) A provision of an incorporated law applies only if the provision of the law of British Columbia that it incorporates is in force.

• Marginal note:Restriction — limits of authority

  (2) For greater certainty, an incorporated law applies only to the extent that it is within the limits of federal constitutional authority.

Marginal note:Offences and penalties

7 If contravention of a law of British Columbia that is incorporated in these Regulations is an offence under the laws of British Columbia, contravention of the incorporated law is also an offence and is subject to the same penalties as under the laws of British Columbia.

Marginal note:Incorporation of procedural matters

• 8 (1) Unless otherwise provided and subject to any adaptations set out in sections 11 to 31, the following are to conform to the laws of British Columbia, whether or not those laws have been set out in Schedule 2:

  • (a) the enforcement of incorporated laws;

  • (b) the prosecution of an offence, or any other proceedings, in relation to the contravention of an incorporated law;

  • (c) the review or appeal of an action or decision taken, or of a failure to take an action that could have been taken, under an incorporated law; and

  • (d) any requirements for notice or other procedures in relation to an action to be taken under an incorporated law.

• Marginal note:Related powers

  (2) For the purposes of subsection (1), a person, provincial official or provincial body that has a power, duty or function under a law of British Columbia is a person, provincial official or provincial body specified to have the same power, duty or function in respect of any actions taken under that subsection.

Notice

Marginal note:Notice to leaseholders and Indians in lawful possession

• 9 (1) Before the Minister makes an order under section 5 with respect to any project lands, the council of the First Nation must

  • (a) send notice by mail to the following persons registered as leaseholders or Indians in lawful possession, as applicable, in a register in which the project lands are registered, at the addresses that are indicated in relation to the registrations or that may be otherwise known by the First Nation, advising those leaseholders and Indians of the intention to apply the incorporated laws to the project lands:

    • (i) any leaseholder in any of the project lands, and

    • (ii) any Indian considered to be lawfully in possession of any of the lands under section 20 of the Indian Act;

  • (b) publish a notice one day per week for two consecutive weeks, in the local newspaper with the largest circulation, advising of the intention to apply the incorporated laws to the project lands; and

  • (c) provide the Minister with written notice of compliance with paragraphs (a) and (b).

• Marginal note:No invalidity or cause of action

  (2) An order made by the Minister under section 5 is not invalid by reason only of the failure of a leaseholder or Indian referred to in paragraph (1)(a) to receive notice under subsection (1) and no cause of action exists against His Majesty in right of Canada, the Minister, His Majesty in right of British Columbia, any provincial official, any provincial body, the First Nation or the council of the First Nation from such a failure.

• Marginal note:Definition of Indian

  (3) In this section, Indian has the same meaning as in subsection 2(1) of the Indian Act.

Marginal note:Notation on the register

10 Once the incorporated laws apply to the project lands, the officer in the Department of Indigenous Services responsible for the management of the register in which those project lands are registered must place a notation on the register indicating that the incorporated laws apply to those project lands.

General Adaptations to Incorporated Laws

Marginal note:Statutes and regulations of British Columbia

11 Unless otherwise indicated, the statutes and regulations referred to in sections 16 to 31 are statutes and regulations of British Columbia.

Marginal note:Reference to “person”

12 A reference to a “person” in an incorporated law is to be read to include a First Nation.

Marginal note:Interpretation of incorporated laws

• 13 (1) Incorporated laws are to be read without reference to any of the following:

  • (a) spent provisions, commencement provisions and consequential amendments;

  • (b) provisions appointing a person; and

  • (c) provisions authorizing the Lieutenant Governor in Council to make regulations of general application, except to the extent required to make the regulations set out in Schedule 2.

• Marginal note:Appointment to a position

  (2) Despite paragraph (1)(b), a person who is appointed to a position under an incorporated law is considered to have been appointed to the same position for the purposes of these Regulations for as long as that person remains in that position under the law of British Columbia.

• Marginal note:Specified persons, officials and bodies

  (3) For greater certainty, a person, provincial official or provincial body that has a power, duty or function under an incorporated law or a law of British Columbia referred to in subsection 8(1) that is not set out in Schedule 2, is a person specified to have the same power, duty or function under these Regulations, subject to the adaptations set out in sections 16 to 31.

• Marginal note:Reference to incorporated law

  (4) For greater certainty, if a law is adapted by these Regulations, a reference to that law in an incorporated law, or in any notice, form, instrument or other document issued under an incorporated law, is to be read as a reference to that law as adapted by these Regulations.

Marginal note:Exclusion

14 A provision of an incorporated law that imposes an obligation, liability or penalty on a landlord, owner, occupier, public authority, public body or unspecified person or entity does not apply to His Majesty in right of Canada or federal ministers or officials.

Marginal note:Power to seize, remove or compel production of documents

15 A power to seize or remove a document or record or to compel the production of a document or record under an incorporated law does not include a power to seize or remove a document or record that is in the possession of the federal government or to compel the production by the federal government of a document or record.

Adaptations to Incorporated Laws

Emergency Program Act

Marginal note:Adaptation to section 10.1

16 Section 10.1 of the Emergency Program Act is adapted by adding the following after subsection (8):

• (9) For the purposes of the Canadian federal Regulations entitled Squamish Nation Residential Tenancy Regulations, the Lieutenant Governor in Council may make a regulation under subsection (1) or (2) only in respect of tenancies under the Manufactured Home Park Tenancy Act and the Residential Tenancy Act.

Manufactured Home Park Tenancy Act

Marginal note:Adaptation adding section 12.1

17 The Manufactured Home Park Tenancy Act is adapted by adding the following after section 12:

Marginal note:Notice

12.1 The landlord of a manufactured home site that exists on the day on which, under the Canadian federal Regulations entitled Squamish Nation Residential Tenancy Regulations, the incorporated laws apply to the project lands where the manufactured home site is situated must, within 15 days after that day, provide written notice to the tenant of the following:

• (a) the applicability of the Squamish Nation Residential Tenancy Regulations;

• (b) the date on which the leasehold interest in the manufactured home site granted by His Majesty ends;

• (c) if applicable, the possibility that the leasehold interest may be cancelled before the date on which it ends;

• (d) the fact that the tenancy cannot continue beyond the date on which the leasehold interest in the manufactured home site granted by His Majesty ends and, if applicable, beyond the date of an early cancellation; and

• (e) the fact that the obligations, liabilities and penalties imposed on a landlord under this Act and its regulations do not apply to His Majesty, His Ministers or any federal official.

Marginal note:Adaptation to subsection 13(1)

• 18 (1) Subsection 13(1) of the Act is to be read as follows:

  • 13 (1) A landlord must prepare in writing every tenancy agreement entered into on or after the day on which, under the Canadian federal Regulations entitled Squamish Nation Residential Tenancy Regulations, the incorporated laws apply to the project lands where the manufactured home site is situated.

• Marginal note:Adaptation to subsection 13(2)

  (2) Subsection 13(2) of that Act is adapted by adding the following after paragraph (g):

  • (h) notice of the following:

    • (i) the applicability of the Canadian federal Regulations entitled Squamish Nation Residential Tenancy Regulations;

    • (ii) the date on which the leasehold interest in the manufactured home site granted by His Majesty ends;

    • (iii) if applicable, the possibility that the leasehold interest may be cancelled before the date on it ends;

    • (iv) the fact that the tenancy cannot continue beyond the date on which the leasehold interest in the manufactured home site granted by His Majesty ends and, if applicable, beyond the date of an early cancellation; and

    • (v) the fact that the obligations, liabilities and penalties imposed on a landlord under this Act and its regulations do not apply to His Majesty, His Ministers or any federal official.

Marginal note:Adaptation to subsection 37(1)

19 Subsection 37(1) of the Act is adapted by adding the following after paragraph (g):

• (h) if His Majesty granted a leasehold interest in the manufactured home site, when the leasehold ends.

Marginal note:Adaptation adding section 37.1

20 The Act is adapted by adding the following after section 37:

Marginal note:End of term notification

37.1 If His Majesty is the lessor of the landlord’s leasehold interest in the manufactured home site, the landlord must, at least two years and again at least six months before the end date, provide written notice to the tenant

• (a) of the end date of that leasehold interest; and

• (b) of the fact that, after the end date, this Act and the regulations do not apply to His Majesty and the tenancy.

Marginal note:Adaptation to paragraph 40(1)(j)

21 Paragraph 40(1)(j) of the Act is to be read as follows:

• (j) the manufactured home site must be vacated to comply with an order of a federal, British Columbia or First Nation government authority;

Manufactured Home Park Tenancy Regulation

Marginal note:Adaptation to subsection 32(1) — definition of local government levies

• 22 (1) The definition local government levies in subsection 32(1) of the Manufactured Home Park Tenancy Regulation is to be read without reference to “and” at the end of paragraph (a), with reference to “and” at the end of paragraph (b) and with reference to the following after paragraph (b):

  • (c) fees paid to a First Nation for similar purposes to those for which fees may be payable under section 194 of the Community Charter;

• Marginal note:Adaptation to subsection 32(1) — definition of utility fees

  (2) The definition utility fees in subsection 32(1) of the Regulation is adapted by adding the following after paragraph (d):

  • (e) a First Nation.

Residential Tenancy Act

Marginal note:Reference to “January 1, 2004”

23 A reference to “January 1, 2004” in the Residential Tenancy Act is to be read as a reference to “the date on which, under the Canadian federal Regulations entitled Squamish Nation Residential Tenancy Regulations, the incorporated laws apply to the project lands where the rental unit is situated”.

Marginal note:Adaptation adding section 12.1

24 The Act is adapted by adding the following after section 12:

Marginal note:Notice

12.1 The landlord of a rental unit that exists on the day on which, under the Canadian federal Regulations entitled Squamish Nation Residential Tenancy Regulations, the incorporated laws apply to the project lands where the rental unit is situated must, within 15 days after that day, provide written notice to the tenant of the following:

• (a) the applicability of the Squamish Nation Residential Tenancy Regulations;

• (b) the date on which the leasehold interest in the rental unit granted by His Majesty ends;

• (c) if applicable, the possibility that the leasehold interest may be cancelled before the date on which it ends;

• (d) the fact that the tenancy cannot continue beyond the date on which the leasehold interest in the rental unit granted by His Majesty ends and, if applicable, beyond the date of an early cancellation; and

• (e) the fact that the obligations, liabilities and penalties imposed on a landlord under this Act and its regulations do not apply to His Majesty, His Ministers or any federal official.

Marginal note:Adaptation to subsection 13(2)

25 Subsection 13(2) of the Act is adapted by adding the following after paragraph (f):

• (g) notice of the following:

  • (i) the applicability of the Canadian federal Regulations entitled Squamish Nation Residential Tenancy Regulations;

  • (ii) the date on which the leasehold interest in the rental unit granted by His Majesty ends;

  • (iii) if applicable, the possibility that the leasehold interest may be cancelled before it ends;

  • (iv) the fact that the tenancy cannot continue beyond the date on which the leasehold interest in the rental unit granted by His Majesty ends and, if applicable, beyond the date of an early cancellation; and

  • (v) the fact that the obligations, liabilities and penalties imposed on a landlord under this Act and its regulations do not apply to His Majesty, His Ministers or any federal official.

Marginal note:Adaptation to subsection 44(1)

26 Subsection 44(1) of the Act is adapted by adding the following after paragraph (g):

• (h) His Majesty granted a leasehold interest in the rental unit, when the leasehold ends.

Marginal note:Adaptation adding section 44.1

27 The Act is adapted by adding the following after section 44:

Marginal note:End of term notification

44.1 If His Majesty is the lessor of the landlord’s leasehold interest in the rental unit, the landlord must, at least two years and again at least six months before the end date, provide written notice to the tenant

• (a) of the end date of that leasehold interest; and

• (b) of the fact that, after the end date, this Act and the regulations do not apply to His Majesty and the tenancy.

Marginal note:Adaptation to paragraph 47(1)(k)

28 Paragraph 47(1)(k) of the Act is to be read as follows:

• (k) the rental unit must be vacated to comply with an order of a federal, British Columbia or First Nation government authority;

Residential Tenancy Regulation

Marginal note:Adaptation to paragraph 1(2)(b)

29 Paragraph 1(2)(b) of the Residential Tenancy Regulation is to be read as follows:

• (b) by a person or organization that receives funding from a First Nation, a local government or the government of British Columbia or of Canada for the purpose of providing that accommodation, and

Marginal note:Adaptation to paragraph 2(g)

• 30 (1) The portion of paragraph 2(g) of the Regulation before subparagraph (i) is to be read as follows:

  • (g) any housing society or non-profit municipal or First Nation housing corporation that has an agreement regarding the operation of residential property with the following:

• Marginal note:Adaptation to subparagraph 2(g)(iv)

  (2) Subparagraph 2(g)(iv) of the Regulation is to be read as follows:

  • (iv) a municipality or a First Nation;

• Marginal note:Adaptation to paragraph 2(h)

  (3) Paragraph 2(h) of the Regulation is to be read as follows:

  • (h) any housing society or non-profit municipal or First Nation housing corporation that previously had an agreement regarding the operation of residential property with a person or body listed in paragraph (g), if the agreement expired and was not renewed.

Marginal note:Adaptation to paragraph 39(c)

31 Paragraph 39(c) of the Regulation is to be read as follows:

• (c) a member of the provincial police force or a municipal or First Nation police department in British Columbia;

Amendments to Schedule 1

Marginal note:Amendment by Minister

32 The Minister may, at the request of the council of the First Nation named in column 1 of Schedule 1, amend by order column 2 of that Schedule to add or delete project lands or to modify the description of project lands.

Coming into Force

Marginal note:Registration

33 These Regulations come into force on the day on which they are registered.