On April 30, 2024, the British Columbia government issued an order under the Manufactured Home Park Tenancy Act, resulting in amendments to the Manufactured Home Park Tenancy Regulation (B.C. Reg. 481/2003). Known as B.C. Reg. 91/2024. The amendments aim to clarify and improve the rules governing manufactured home parks, with a particular focus on the management of park rules and any changes to them.

One key aspect of the amendments is the change in terminology, where sections 5(2), 33(2), 34(2), 45(3), and 46(2) replace the term “paragraph” with “subsection,” ensuring consistency in the regulation’s legal language. Additionally, a new section (28.1) introduces specific definitions that clarify important terms related to rule changes within the park. The term “change to the rules” encompasses the establishment of new rules, modifications to existing rules, or the repeal of such rules. Meanwhile, “rule change notice” refers to the written notice that landlords must provide concerning any forthcoming changes to the park rules.

The revised section 29 improves disclosure requirements for landlords prior to entering into a tenancy agreement. Landlords are now mandated to provide potential tenants with written information regarding all existing rules at the time of the agreement and any pending rule change notices. After a tenant enters into a tenancy agreement, landlords must give notice of any impending changes to the rules at least three months in advance. There are exceptions regarding these notice requirements: if a tenant has already received a rule change notice under subsection (1), the landlord is not obligated to provide a duplicate notice under subsection (2). Moreover, a landlord can issue a rule change notice only if at least one year has passed since the last notice was provided, a provision intended to prevent frequent and potentially disruptive rule changes.

The regulation also establishes clear consequences for non-compliance. If a landlord fails to adhere to the notice requirements outlined in subsections (2)(b) or (4), any proposed changes to the rules will not take effect until compliance is achieved. Furthermore, section 30 has been amended to refine how and when rule changes can be enacted. A park committee is granted the authority to make changes to the rules at their discretion, while landlords are restricted to making changes only after a minimum one-year interval since their last modification. Importantly, these restrictions do not apply retroactively to changes made before this amendment.

These amendments signify a concerted effort by the British Columbia government to provide more structured governance in manufactured home parks. By establishing clear guidelines for rule changes and improving tenant protections, the changes aim to foster a more stable and predictable living environment for residents. The mandatory notice periods and clear definitions seek to empower tenants by ensuring they are adequately informed about changes that may affect their living conditions.

British Columbia (91/2024) April 30, 2024