The BC Financial Services Authority ("BCFSA") has
issued a notice to its stakeholders, including developers, advising
that the Superintendent of Real Estate's Policy Statements 5
and 6 have been amended, effective March 8, 2023.
Together, Policy Statements 5 and 6 allow developers to engage
in the early marketing of development projects before obtaining a
building permit (Policy Statement 5) and a satisfactory financing
commitment (Policy Statement 6), provided certain requirements are
met. The amendments to Policy Statements 5 and 6 are intended to
create clear and consistent guidelines governing early marketing
requirements in British Columbia.
Policy Statement 5
Policy Statement 5 provides that a developer may engage in the
early marketing of a development project even though it has not yet
obtained certain approvals for its project, including a building
permit, so long as the developer has obtained "approval in
principle" to construct the development