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

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.