Sentences with phrase «provincial manufactured home park»
The Court of Appeal determined that the provincial Manufactured Home Park Tenancy Act has no application on the Sechelt Indian Band's lands as they are lands reserved for Indians (the same as reserve lands under the Indian Act).
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The provincial law of general application at issue in Sechelt was the Manufactured Home Park Tenancy Act, SBC 2002, c. 77.
On judicial review to the British Columbia Supreme Court, the judge characterized the issue between Sechelt and the tenants as one concerning money, not Indian lands, and agreed that the DRO had jurisdiction to hear the dispute and apply the provisions of the Manufactured Home Park Tenancy Act because it is a provincial law of general application.
The Court of Appeal concluded that the provincial legislation interfered with the federal subject matter, which was not permissible, and declared that the Manufactured Home Park Tenancy Act is constitutionally inapplicable to any landlord and tenant relationship created by lease on Sechelt's lands.
They said that because Sechelt's lands now have fee simple status, the lands are not «reserve lands» and provincial laws of general application, such as the Manufactured Home Park Tenancy Act, are applicable to the tenancy agreements between Sechelt and the tenants.