Published by the BC Real Property & Planning Group
McCarthy Tétrault VOL.2,
Real Estate MATTERS


Welcome to Volume 2, Issue 3 of Real Estate MATTERS, a periodic publication of our BC Real Property & Planning Group. This publication is intended to give you a summary of recent developments in real estate law in British Columbia and, more importantly, what they mean to you.

We hope you will find Real Estate MATTERS informative and useful. Please let us know if you have any suggestions to make this publication even more helpful, or if there are topics or issues you would like to see covered in future issues.

Title to First Nations Land in British Columbia

What are the different types of First Nations land in the Province? What kinds of interests can a third party obtain and can those interests be mortgaged? How do I obtain property information and are there assurances as to title?


Changes to Mortgage Prepayment Rights Under the Interest Act (Canada)

The Government of Canada recently enacted new regulations under the Interest Act (Canada) (Act) which expand the class of "prescribed entities" that are not entitled to the statutory prepayment rights accorded to borrowers by section 10(1) of the Act. These new regulations, which will significantly impact the practice of commercial mortgage lending throughout Canada, apply to mortgages and hypothecs granted on or after January 1, 2012.


Strata Property Act Amendments in Effect

Certain amendments to the Strata Property Act (British Columbia) that received Royal Assent on October 29, 2009, as well as certain amendments to the Strata Property Regulation (Regulation 43/2000), were brought into force on December 14, 2011 by Regulation 238/2011.