Whereas the BC Government is committed to reducing greenhouse gas emissions by 16 below 2007 levels by 2025, 40 by 2030, and 80 by 2050; And whereas the Land Title Act, RSBC 1996, c 250, permits the registration of a building scheme that imposes restrictions consistent with a general scheme of development; And whereas these building schemes have been used to prohibit or restrict the installation of roof top solar panels; And whereas such prohibitions or restrictions are a barrier to the generation of renewable energy and the reduction of greenhouse gas emissions: Therefore be it resolved that UBCM urge the Ministry of Attorney General to consider amendments to the Land Title Act that would prohibit and render void any portion of building schemes that purport to prohibit or restrict the installation of roof top solar panels, or any other renewable energy systems.
Ministry of Water, Land and Resource Stewardship BC is transitioning to a low carbon future creating jobs to attract investment and generate economic growth all over the province and advance First Nations participation in the clean energy future. To maximize this opportunity, the Province is working with utilities, First Nations, local governments, and communities to build out the provinces supply of clean energy, including through the use of solar panels. The Ministry of Water, Land and Resource Stewardship is aware that the developers of some subdivisions have registered Statutory Building Schemes SBS against the titles of properties within the subdivisions which restrict some types of construction including environmentally beneficial elements such as solar panels. Ministry of Attorney General has initiated review of the full range of restrictive covenants found in provincial legislation, including and beyond the Land Title Act, to determine which might be voided by enabling legislation. The ministry understands that the review will include comments regarding whether SBS covenants that prohibit solar panels should be rendered void. The Ministry of Housing and Municipal Affairs has expressed interest in the topic of SBS restrictive covenants and is aware of the issue regarding solar panel installation for residential properties.