Manufactured Home Regulation - 441_2003

Manufactured Home Act

MANUFACTURED HOME REGULATION

B.C. Reg. 441/2003

Deposited November 28, 2003 and effective December 8, 2003

Last amended March 11, 2021 by B.C. Reg. 64/2021

Consolidated Regulations of British Columbia

This is an unofficial consolidation.

Point in time from March 11 to July 14, 2021

B.C. Reg. 441/2003 (O.C. 1128/2003), deposited November 28, 2003 and effective

December 8, 2003, is made under the Manufactured Home Act, S.B.C. 2003, c. 75,

s. 40.

This is an unofficial consolidation provided for convenience only. This is not a copy

prepared for the purposes of the Evidence Act.

This consolidation includes any amendments deposited and in force as of the currency

date at the bottom of each page. See the end of this regulation for any amendments

deposited but not in force as of the currency date. Any amendments deposited after the

currency date are listed in the B.C. Regulations Bulletins. All amendments to this

regulation are listed in the Index of B.C. Regulations. Regulations Bulletins and the

Index are available online at www.bclaws.ca.

See the User Guide for more information about the Consolidated Regulations of

British Columbia. The User Guide and the Consolidated Regulations of British

Columbia are available online at www.bclaws.ca.

Prepared by:

Office of Legislative Counsel

Ministry of Attorney General

Victoria, B.C.

Point in time from March 11 to July 14, 2021

Manufactured Home Act

MANUFACTURED HOME REGULATION

B.C. Reg. 441/2003

Contents

1 Definitions and interpretation 1

2 Standards 1

3 Registrar may require proof 2

4 Exemptions 2

5 Registrar’s exemptions 3

6 Notices of transfer 4

7 Transmission on death 5

8 Transmission on death – surviving joint tenant 6

9 Transmission under Personal Property Security Act 6

10 Transmission under court order 7

11 Transmission other than under sections 7 to 10 7

12 Transport permits 7

13 Requirement of applicants who are individuals 8

14 Verification statement 8

15 Decals 8

16 Deposits 9

17 Receipt for deposit 9

18 Certificate must be issued 9

19 Manner of filing records with registrar 10

20 Search under section 20 of the Act 10

21 Abbreviated information 10

22 Fees 10

SCHEDULE 1 10

SCHEDULE 2 11

Point in time from March 11 to July 14, 2021

Last amended March 11, 2021 1

Manufactured Home Act

MANUFACTURED HOME REGULATION

B.C. Reg. 441/2003

Definitions and interpretation

1 (1) In this regulation:

“Act” means the Manufactured Home Act;

“bunkhouse” means a manufactured home owned or leased by an employer to

provide sleeping accommodation for 2 or more employees during the term of

their employment;

“deposit” means a deposit referred to in section 26 (1) (d) of the Act;

“floating home” means a structure designed to float and to provide residential

accommodation;

“manufacturer” means a person who manufactures or builds manufactured homes

in the ordinary course of their business;

“manufactured home park” means a manufactured home park as defined in the

Manufactured Home Tax Act;

“practising lawyer” has the meaning in the Legal Profession Act;

“practising notary” means a member in good standing under the Notaries Act;

“qualified supplier” means a person designated by the registrar as a qualified

supplier;

“transmission” means a change of ownership in a manufactured home

(a) under an order of a court,

(b) consequent on a change in the office of a personal representative or trustee,

(d) by a sheriff's sale under the Court Order Enforcement Act, or

(e) effected by the operation of any other Act or law,

but does not include an amalgamation of 2 or more corporations;

“travel or tourist trailer” means a vehicle that is capable of being towed on its own

wheels and undercarriage by a motor vehicle and is licensed or required to be

licensed as a trailer under the Motor Vehicle Act for use on a highway.

(2) For the purposes of the Act, “transfer” includes a transmission.

[am. B.C. Reg. 13/2008, s. 1.]

Standards

2 For the purposes of sections 32 and 33 of the Act a newly built manufactured home

must comply with the following standards:

(a) sections 70 and 72 of Part 1 (19th Edition) of C22.1-2002 Canadian

Electrical Code of the Canadian Standards Association:

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(b) CAN/CSA A277-01, Procedure for Certification of Factory Built Houses or

the following portions of CAN/CSA Z240, MH Series-92, Mobile Homes:

(i) CAN/CSA Z240.0.1-92, Definitions and General Requirements for

Mobile Homes;

(ii) CAN/CSA Z240.1.1-92, Vehicular Requirements for Mobile Homes;

(iii) CAN/CSA Z240.2.1-92, Structural Requirements for Mobile Homes;

(iv) CAN/CSA Z240.3.1-92, Plumbing Requirements for Mobile Homes;

(v) CAN/CSA Z240.4.1-92, Installation Requirements for Gas Burning

Appliances in Mobile Homes;

(vi) CAN/CSA Z240.5.1-92, Oil Installation Requirements for Mobile

Homes;

(vii) CAN/CSA Z240.9.1-92, Requirements for Load Calculations and

Duct Design for Heating and Cooling of Mobile Homes.

Registrar may require proof

3 The registrar may require proof in a form acceptable to the registrar of any of the

following:

(a) the authority of an agent;

(b) the name, address and occupation of a person named in any record

submitted for filing;

filing;

(d) the execution of any record submitted for filing;

(e) any information contained in a record submitted for filing.

Exemptions

4 (1) A manufactured home of any of the following classes is exempt from the

operation of the Act:

(a) a floating home;

(b) a camper;

(d) a park model trailer built to Canadian Standards Association standards in

the CAN/CSA-Z241 series, Park Model Trailers;

(e) a manufactured home being transported in or through British Columbia

(i) from a manufacturer’s place of business within British Columbia

directly to a location outside British Columbia, or

(ii) from a location outside British Columbia directly to another location

outside British Columbia.

(2) If a manufactured home is used as a bunkhouse it is exempt from the operation

of the Act during that use.

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(3) Section 25 of the Act does not apply to a manufactured home

(a) the ownership of which is registered in the name of a manufacturer and the

location of which on the register is the manufacturer’s lot or the manufac-

tured home dealer’s lot,

(b) the ownership of which is registered in the name of a manufactured home

dealer and the location of which on the register is the dealer’s lot or the

manufacturer’s lot, or

which is registered in the name of a person who, under a transport permit,

transported the manufactured home to the dealer’s lot.

Registrar’s exemptions

5 (1) For the purposes of section 21 of the Act, the registrar may exempt a manufac-

tured home from the operation of the Act or any provision of it if

(a) the manufactured home is located on and intended to be attached to land,

each lessor-owner or other secured party with a security interest in the

manufactured home who registered a financing statement in the personal

property registry under the Personal Property Security Act using the regis-

tration number assigned under the Act consents to the exemption

application and

(i) at least one registered owner of the manufactured home is registered

in the land title office as an owner of the fee simple interest in the

land, or

(ii) at least one registered owner of the manufactured home is registered

in the land title office as a tenant pursuant to a lease for a term of not

less than 3 years,

(b) the manufactured home is no longer capable of being used for residential

accommodation, or

exempt the home from the operation of some or all of the provisions of the

Act for a specified period of time.

(2) An application for an exemption under subsection (1) (a) filed electronically must

be submitted on behalf of the registered owner of the manufactured home by a

practising lawyer, a practising notary or other qualified supplier.

(3) A person who submits an application for an exemption under subsection (2) on

behalf of the registered owner of the manufactured home must retain, for a period

of 7 years, the original of or an image of the original of

(a) the application, and

(b) any supporting documents.

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(4) The records retained under subsection (3) may be kept in electronic, microfilm,

paper or other format, if the format allows copies to be made by means of a

computer terminal or other electronic technology.

(5) A person who retains records under subsection (3) must, within 7 days and on

payment of copying charges and charges for certified copies or for providing

evidence of records, provide copies of those records or evidence to any person

who requests them during normal business hours, at the address set out in the

exemption application.

(6) If an application for exemption is not filed electronically under subsection (2), the

registered owner must submit for filing the completed application, accompanied

by any other record the registrar requires.

Notices of transfer

6 (1) A notice of transfer in relation to a sale evidenced by an instrument of transfer

executed by a registered owner of the manufactured home may be filed

electronically.

(2) A notice of transfer referred to in subsection (1) must

(a) be submitted on behalf of the registered owner of the manufactured home

by a practising lawyer, a practising notary or other qualified supplier, and

(b) set out the date of execution of the instrument of transfer.

(3) A person who submits a notice of transfer under subsection (2) on behalf of the

registered owner of the manufactured home must retain, for a period of 7 years,

the original of or an image of the original of

(a) the instrument of transfer, and

(b) the notice of transfer.

(4) The records retained under subsection (3) may be kept in electronic, microfilm,

paper or other format, if the format allows copies to be made by means of a

computer terminal or other electronic technology.

(5) A person who retains records under subsection (3) must, within 7 days and on

payment of copying charges and charges for certified copies or for providing

evidence of records, provide copies of those records or evidence to any person

who requests them during normal business hours, at the address set out in the

notice of transfer.

(6) If a notice of transfer referred to in subsection (1) is not filed electronically under

that subsection, the registered owner must submit for filing with the completed

notice of transfer the original instrument of transfer, or a certified copy of the

instrument, accompanied by any other record the registrar requires.

(7) If a notice of transfer is in relation to a transfer to a person as a co-owner with the

transferor, the notice must state whether the co-owners are tenants in common or

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MANUFACTURED HOME REGULATION

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joint tenants and, if they are tenants in common, the respective fractional interest

held by each tenant in common.

(8) If a notice of transfer is in relation to a transfer to more than one person, whether

or not as co-owners with the transferor, the notice must state whether the

transferees are, in relation to each other, tenants in common or joint tenants and,

if they are tenants in common, the respective fractional interest held by each

tenant in common.

(9) If a notice of transfer is in relation to a transfer by a co-owner as a joint tenant,

the notice must state

(a) that the transferee is a tenant in common, and

(b) the fractional interest held by each tenant in common.

(10) Subsection (9) does not apply if all of the co-owners have transferred their

interests to a single transferee or to 2 or more transferees as joint tenants.

(11) If a notice of transfer is in relation to a transfer from an owner to a lessee owner,

the name of both the owner and the lessee owner must be given on the notice.

Transmission on death

7 (1) If a transmission results from the death of a registered owner of a manufactured

home, the personal representative of the deceased registered owner may submit

for filing a notice of transfer, accompanied by a certified copy of the grant of

probate or letters of administration issued from the court that made or resealed

the grant.

(2) Despite subsection (1), if the fair market value of the estate is $25 000 or less, an

executor named in the will of the deceased registered owner may submit for filing

a notice of transfer, accompanied by

(a) an affidavit, in a form satisfactory to the registrar, from each executor

named in the will of the deceased, that

(i) the executor is named in the will attached to the affidavit, and

believes that the will is a true copy of the last will and testament of

the deceased, including any codicil to it, and that it was not revoked

by the testator during the testator’s lifetime or by operation of law

before the testator’s death,

(ii) the executor has personal knowledge of the affairs of the deceased,

has searched the deceased’s effects in order to ascertain whether there

are any debts or liabilities for which the estate may be liable, and

believes that the debts and liabilities of the deceased have been fully

paid, and

(iii) with the exception of insurance policies payable to named benefi-

ciaries and jointly held assets, the total market value of the estate,

including the manufactured home, does not exceed $25 000, and

(b) a death certificate or a certified copy of a death certificate for the deceased.

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MANUFACTURED HOME REGULATION

6 Last amended March 11, 2021

(3) If an executor submits a notice of transfer under subsection (2), at the same time

the executor must submit a notice of the transfer from the executor to the

beneficiary.

[am. B.C. Reg. 10/2005.]

Transmission on death – surviving joint tenant

8 (1) Despite section 7, if a manufactured home has been registered in the name of 2

or more persons as joint tenants and a transmission results from the death of one

of the joint tenants, a surviving joint tenant may apply to have the deceased

removed from the register as an owner by

(a) submitting electronically for filing the notice of transfer, or

(b) submitting for filing, other than electronically, the notice of transfer,

accompanied by a death certificate for the deceased joint tenant or a

certified copy of the death certificate.

(2) A notice of transfer submitted electronically under subsection (1) must be

submitted on behalf of the surviving joint tenant by a practising lawyer, a

practising notary or qualified supplier.

(3) A person referred to in subsection (2) who submits electronically a notice of

transfer on behalf of a surviving joint tenant must retain, for a period of 7 years,

the original of or an image of the original of

(a) the notice of transfer, and

(b) the death certificate for the deceased joint tenant or a certified copy of that

death certificate.

(4) The records retained under subsection (3) may be kept in electronic, microfilm,

paper or other format, if the format allows copies to be made by means of a

computer terminal or other electronic technology.

(5) A person who retains records under subsection (3) must, within 7 days and on

payment of copying charges and charges for certified copies or for providing

evidence of records, provide copies of those records or evidence to any person

who requests them during normal business hours at the address set out in the

notice of transfer.

[en. B.C. Reg. 13/2008, s. 2.]

Transmission under Personal Property Security Act

9 (1) If a transmission results from the sale of the manufactured home as a result of the

exercise of the rights of a secured party under section 55 (6) or 59 of the Personal

Property Security Act, the notice of transfer must be accompanied by

(a) an affidavit, in a form satisfactory to the registrar, from the secured party or

receiver who caused the sale to be made,

(i) that the secured party had, before the sale, a valid security interest in

the manufactured home given by the registered owner of the

manufactured home,

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MANUFACTURED HOME REGULATION

Last amended March 11, 2021 7

(ii) that the registered owner’s interest in the manufactured home has

been sold in compliance with section 55 (6) or section 59 of the

Personal Property Security Act, and

(iii) containing the personal property registry base registration number

that relates to the financing statement or financing change statement

filed in relation to the manufactured home,

(b) a statement from the transferee, in a form satisfactory to the registrar, that

the transferee was the purchaser at the sale and, as such, is entitled to be

registered as the owner of the manufactured home, and

(i) a notice of appointment of the receiver signed by the secured party, or

(ii) a certified copy of the court order appointing the receiver.

(2) If a transmission results from the operation of section 61 of the Personal Property

Security Act, the notice of transfer must be accompanied by an affidavit from the

transferee, in a form satisfactory to the registrar,

(a) that the transferee had, before the exercise of the transferee’s rights under

section 61 of the Personal Property Security Act, a valid security interest in

the manufactured home given by the registered owner of the manufactured

home,

(b) that the transferee is entitled to be registered as the owner of the manufac-

tured home as a result of the operation of section 61 of the Personal

Property Security Act, and

relates to the financing statement or financing change statement filed in

relation to the manufactured home.

[am. B.C. Reg. 64/2021, s. 3.]

Transmission under court order

10 If a transmission has been made under a court order, the notice of transfer must be

accompanied by a certified copy of the court order.

Transmission other than under sections 7 to 10

11 Unless a transmission is under sections 7 to 10, a person who submits a notice of

transfer in relation to a transmission effected by the operation of an Act or law must

indicate in the notice the Act or law under which the transmission occurred or which

otherwise provided for the transmission.

Transport permits

12 (1) If the registrar issues a transport permit, the registrar must enter on the register

the new location described in the permit as the location of the manufactured

home.

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MANUFACTURED HOME REGULATION

8 Last amended March 11, 2021

(2) If the manufactured home in respect of which a transport permit has been issued

is not transported to the specific location described in the permit, the owner must

submit to the registrar for filing a report, in the form established by the registrar,

specifying the new location of the manufactured home or informing the registrar

that the manufactured home was not moved.

(3) A report under subsection (2) must be submitted for filing within 3 days of the

earlier of

(a) the day the manufactured home was transported to the new location, or

(b) the day the transport permit expires.

(4) If the location of a manufactured home differs from the location on the register,

the owner must

(a) submit for filing a report with the registrar in the form established by the

registrar that discloses that fact,

(b) provide the registrar with any other information the registrar considers

necessary, and

(5) On the filing of a report under subsection (2) or (4), the registrar must

(a) enter on the register the new location of the manufactured home, and

(b) give written notice of the new location to all secured parties.

Requirement of applicants who are individuals

13 If the Act or this regulation requires that a record submitted to the registrar set out the

name of a person who is an individual, the record must provide the name as follows:

(a) the individual’s surname;

(b) the individual’s first given name if the individual has a first given name;

name.

Verification statement

14 (1) If a record is filed under the Act, the registrar may provide to the submitting party

confirmation of the information filed.

(2) If application is made for a transport permit by a person other than the person

recorded on the register as the registered owner of the manufactured home, the

registrar may provide confirmation of the issuance of a transport permit to the

person recorded on the register as the registered owner.

Decals

15 (1) The registered owner of a manufactured home must affix the decal issued under

section 5 or 6 of the Act to a position on the manufactured home authorized by

the registrar.

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MANUFACTURED HOME REGULATION

Last amended March 11, 2021 9

(2) If an interior or exterior decal affixed to a manufactured home is stolen, lost,

defaced, mutilated or destroyed, the registered owner of a manufactured home

must obtain from the registrar a decal of the appropriate class and must affix that

decal to the home.

Deposits

16 (1) A collector must not, as a condition of issuing a certificate under section 25 (2)

of the Act, require the applicant to pay a deposit unless the manufactured home

in respect of which the request is made has been assessed in the name of the

owner, separately from the land on which it is located, and placed on the

assessment roll of the taxing authority for the current year.

(2) The deposit must be an amount equal to the greater of

(a) the sum of $75, or

(b) the amount of taxes imposed or levied on the manufactured home, less the

Provincial home owner grant under the Home Owner Grant Act, if any,

levied on the manufactured home in the immediately preceding taxation

year.

(3) Interest on a deposit must be paid or credited by the taxing authority as follows:

(a) in a municipality other than the City of Vancouver, at the rate prescribed

under section 239 (2) of the Community Charter from the date of payment

to the first tax penalty date stated in, or established by, a bylaw under

section 234 or 235 of the Community Charter;

(b) in the City of Vancouver, at the rate stated in, or established by, a bylaw

under section 412 of the Vancouver Charter;

of the Taxation (Rural Area) Act.

(4) If it is subsequently determined that the deposit paid to the collector exceeds the

difference between the total amount of taxes levied on the manufactured home

and the grant under the Home Owner Grant Act, the taxing authority must, on

request, pay the excess to the person who paid the deposit.

[am. B.C. Reg. 215/2017, Sch. 2, s. 1.]

Receipt for deposit

17 If a deposit has been paid to a collector under section 26 (1) (d) of the Act, the collector

must issue a receipt for the payment and include with the receipt an application for a

grant under the Home Owner Grant Act in the form prescribed under that Act.

[en. B.C. Reg. 215/2017, Sch. 2, s. 2.]

Certificate must be issued

18 The collector must not decline to issue a certificate under section 25 (2) of the Act if

a manufactured home

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MANUFACTURED HOME REGULATION

Schedule 1

10 Last amended March 11, 2021

(a) has not been separately assessed and placed on the assessment roll of the

taxing authority for the current year, or

(b) has been assessed as an improvement affixed to land.

Manner of filing records with registrar

19 (1) Subject to subsection (2), unless otherwise allowed or required by the registrar, a

record that is to be filed with the registrar must be submitted for filing in paper

format.

(2) Unless otherwise allowed or required by the registrar, the following records must

be submitted for filing with the registrar in an electronic format that is compatible

with the technical requirements of the registrar:

(a) a notice of transfer in relation to a sale, submitted for filing under section 6;

(b) an application for exemption in relation to a manufactured home located on

land, submitted for filing under section 5;

(d) a transport permit application.

Search under section 20 of the Act

20 Unless otherwise allowed or required by the registrar, a search under section 20 of the

Act must be conducted in electronic format.

Abbreviated information

21 (1) For the purposes of any record submitted for filing under this regulation, an

abbreviation set out in Column 2 of Schedule 2 may be used instead of the

information set out opposite that abbreviation in Column 1.

(2) For the purposes of any information entered onto the register by registry staff, an

abbreviation set out in Column 2 of Schedule 2 may be used instead of the

information set out opposite that abbreviation in Column 1.

Fees

22 The fees in Schedule 1 are prescribed for the purposes of the Act.

SCHEDULE 1

[am. B.C. Regs. 190/2008; 112/2010, s. 13.]

FEES

Item Description Fee

1 Notice of ownership $50

2 Replacement decal $10

3 Transport permit application $25

4 Notice of transfer $50

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MANUFACTURED HOME ACT B.C. Reg. 441/2003

MANUFACTURED HOME REGULATION

Schedule 2

Last amended March 11, 2021 11

* In addition to a fee marked by an asterisk, a further operator fee of $1.50, plus any tax imposed under

Part IX of the Excise Tax Act (Canada) on the operator fee, may be charged for any transaction done by

electronic means from a location outside a government office or at a government office by a person who

is not a government employee.

SCHEDULE 2

5 Caution/continuation $20

6 Search of the register

(a) by persons other than government personnel

(i) if combined with a search of the Personal Property Registry and

no fee is charged under the Personal Property Security Act

$12*

(ii) in any other case $7*

(b) conducted by government personnel

(i) if combined with a search of the Personal Property Registry and

no fee is charged under the Personal Property Security Act

$15

(ii) in any other case $10

7 Certification of any record $25

8 Copies of documents (uncertified) 50¢

for each page supplied

9 Tax sale notice NC

10 Filing a record for which no other fee is charged $15

11 Exemption order, except exemption orders respecting destroyed

manufactured homes

$50

12 Fee for priority service $100

Column 1 Column 2

Name Abbreviation

Corporation CORP

Incorporated, Incorporée INC

Limited LTD

Limitée LTEE

Non Personal Liability NPL

Location Abbreviation

Block BK

District Lot DL

Fractional FR

Group GP

Indian Reserve IR

Legal Subdivision LS

Lot L

Range R

Item Description Fee

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MANUFACTURED HOME REGULATION

Schedule 2

12 Last amended March 11, 2021

Right of Way R/W

Section SEC

Statutory Right of Way SRW

Township TP

Kamloops Division of Yale District KDYD

Kootenay District KD

New Westminster District NWD

Osoyoos Division Yale District ODYD

Peace River District PRD

Queen Charlotte District QCD

Similkameen Division of Yale District SDYD

Yale Division of Yale District YDYD

North N

West W

South S

East E

North East NE

North West NW

South East SE

South West SW

Quarter QTR, 1/4

Half 1/2

Kilometre (s) KM

Mile(s) MI

Number NO

Apartment APT

Avenue AVE

Boulevard BLVD

Circle CIR

Corner COR

Court CT

Crescent CRES

Drive DR

Highway HWY

Place PL

Road RD

Rural Route RR

Street ST

Suburban Service SS

Canada CAN

Column 1 Column 2

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MANUFACTURED HOME REGULATION

Schedule 2

Last amended March 11, 2021 13

Provinces Abbreviation

Alberta AB

British Columbia BC

Manitoba MB

New Brunswick NB

Newfoundland NF

Northwest Territories NT

Nova Scotia NS

Ontario ON

Prince Edward Island PE

Quebec PQ

Saskatchewan SK

Yukon YT

States Abbreviation

Alabama AL

Alaska AK

Arkansas AR

Arizona AZ

California CA

Colorado CO

Connecticut CT

Delaware DE

District of Columbia DC

Florida FL

Georgia GA

Guam GU

Hawaii HI

Idaho ID

Illinois IL

Indiana IN

Iowa IA

Kansas KS

Kentucky KY

Louisiana LA

Maine ME

Maryland MD

Massachusetts MA

Michigan MI

Minnesota MN

Mississippi MS

Column 1 Column 2

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MANUFACTURED HOME REGULATION

Schedule 2

14 Last amended March 11, 2021

Missouri MO

Montana MT

Nebraska NE

Nevada NV

New Hampshire NH

New Jersey NJ

New Mexico NM

New York NY

North Carolina NC

North Dakota ND

Ohio OH

Oklahoma OK

Oregon OR

Pennsylvania PA

Puerto Rico PR

Rhode Island RI

South Carolina SC

South Dakota SD

Tennessee TN

Texas TX

Utah UT

Vermont VT

Virginia VA

Washington WA

West Virginia WV

Wisconsin WI

Wyoming WY

Descriptions Abbreviation

Bedroom BDRM

Living Room LR

Serial Number SN

Column 1 Column 2

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