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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Land Title Act

[RSBC 1996] CHAPTER 250

Part 8 — Cancellation of Plans

Definitions and interpretation

121  (1) In this Part:

"arterial highway" has the same meaning as in section 1 of the Transportation Act;

"local authority",

(a) in relation to land in a municipality, means the municipal council,

(b) in relation to land not in a municipality, means the regional board of a regional district, and

(c) in relation to land in a local trust area, means the local trust committee;

"local trust area" and "local trust committee" have the same meanings as in the Islands Trust Act;

"party" means a person who has filed a notice of intention to appear at the hearing of a petition, in compliance with section 127, and includes the petitioner;

"plan" means a subdivision plan, reference plan or air space plan deposited in the land title office;

"public area" means an area dedicated as a highway, park or public square under this Act or the former Act;

"registrar" includes a person appointed by the director under subsection (2).

(2) The director may appoint a person other than the registrar to exercise and perform all or some of the powers and duties of the registrar under this Part.

Cancellation of plans by application to the registrar

122  (1) By order of the registrar, a plan may be cancelled

(a) in whole, on petition by the owner of all the parcels in the plan, or

(b) in part, on petition by the owner of a parcel in the plan.

(2) The registrar must not make an order cancelling or altering the boundaries of all or part of a public area

(a) unless the public area is in the plan and is adjacent to a parcel that is owned by the petitioner and is in the plan, or

(b) for which a certificate has been filed under section 132 or 133.

Petition to cancel plan

123  (1) A petition under this Part must be

(a) made by an owner referred to in section 122 (1),

(b) addressed to and filed with the registrar,

(c) signed by the owner, and

(d) verified by affidavit of a signatory to the petition.

(2) The petition must include all of the following information:

(a) the date of deposit of the plan in the land title office, the plan's number and a description of the land within the plan;

(b) the name of the regional district in which the land is located and, if the land is also located in a municipality, the name of the municipality;

(c) whether or not the land is in a local trust area and, if so, the name or identity of the local trust area;

(d) whether the petitioner seeks cancellation of the plan in whole or in part, and, if in part, a description of the public areas and parcels within the plan that are affected by the petition;

(e) the name, occupation and address of the petitioner and a description of the land owned by the petitioner;

(f) the name, occupation and address of all freehold owners of parcels within the plan and a description of the parcels owned by them;

(g) the name, occupation and address of all charge owners, a description of the charges and of the parcels charged;

(h) if the petitioner was the owner of all the parcels in the plan at the time it was deposited in the land title office, a statement to that effect together with a summary of the record verifying the statement;

(i) the facts on which the petitioner relies in support of the petition and a description of the order petitioned for.

(3) The petition must contain a notice that any person who wishes to make a submission at the hearing of the petition must file with the registrar, before the date set for the hearing, a notice of intention to appear.

(4) A print of the plan showing, to the satisfaction of the registrar, the land referred to in the petition must be annexed as a schedule to the petition.

Report of approving officer and district highways manager

124  (1) Unless the registrar otherwise orders, before the date set for the hearing of the petition, the petitioner must file with the registrar a report of the approving officer that contains all of the following information:

(a) whether any part of a public area affected by the petition is an arterial highway;

(b) the approving officer's opinion as to whether, if the petition is granted, the plan referred to in the petition will comply with

(i) the applicable subdivision and zoning bylaws, and

(ii) the requirements of section 75;

(c) other information that the approving officer considers material to the petition.

(2) If any part of a public area affected by the petition is a highway in a rural area or an arterial highway in a municipality, before the date set for the hearing of the petition, the petitioner must file with the registrar a report of the district highways manager of the Ministry of Transportation.

(3) A request for a report required under this section must be made in writing to

(a) the approving officer, in the case of a report under subsection (1), or

(b) the district highways manager of the Ministry of Transportation, in the case of a report under subsection (2),

and must be accompanied by a copy of the petition and a print of the plan annexed as a schedule to the petition.

(4) Within 60 days after receiving a request referred to in subsection (3), the approving officer or district highways manager, as applicable, must deliver the report to the petitioner.

Service of petition and other documents

125  (1) On receiving a petition under this Part, the registrar, by order, must set a date, time and place for the hearing of the petition.

(2) At least 6 weeks before the date set for the hearing, the petitioner must serve a copy of the petition and a notice of hearing on the following persons:

(a) if the land affected by the petition is in a municipality, the municipality;

(b) if the land affected by the petition is in a local trust area, the person appointed under section 17 (1) (a) of the Islands Trust Act as secretary to the Islands Trust Council;

(c) if the land affected by the petition is not in a municipality, the deputy minister to the minister charged with the administration of the Transportation Act and the regional district where the land is located;

(d) if the land affected by the petition is a part of an arterial highway, the deputy minister to the minister charged with the administration of the Transportation Act;

(e) the deputy minister to the minister charged with the administration of the Park Act;

(f) every owner of a parcel or charge on a parcel in the plan affected by the petition;

(g) every other person who, in the opinion of the registrar, might be affected by the petition.

(3) Unless the registrar orders otherwise, as soon as practicable after the report of the approving officer under section 124 (1) or the report of the district highways manager under section 124 (2) has been filed, the petitioner must serve it on the persons referred to in subsection (2) of this section.

(4) Section 315 (1) applies to the service of documents under this section.

Publication and posting

126  The registrar may order a petitioner to do one or both of the following:

(a) publish a notice of the petition and of the date, time and place of the hearing in the Gazette and in a newspaper circulating in the area of the land affected by the petition at least 2 weeks before the hearing date;

(b) post the petition and any other documents, for 4 consecutive weeks before the date set for the hearing, at one or more of the following places:

(i) a conspicuous place on the land affected by the petition;

(ii) if the land affected by the petition is in a municipality, the municipal hall;

(iii) if the land affected by the petition is not in a municipality, a nearby court house or other Provincial government building or in a nearby post office, with the permission of the person in charge.

Notice of intention to appear

127  (1) On filing with the registrar a notice of intention to appear, any person whose land might be affected by a petition under this Part may become a party to the proceeding initiated by the petition.

(2) The notice under subsection (1) must contain the following:

(a) the name of the person filing the notice and an address for service;

(b) a description of the land owned by the person and the manner in which the land is affected by the petition;

(c) a summary of the argument and evidence the person intends to submit at the hearing.

(3) A person who files a notice under this section must serve a copy of the notice on the petitioner, on any other parties and on any other persons on whom service is required under section 125.

(4) A notice under this section may be filed at any time before the date set for the hearing.

(5) The petitioner and any party is entitled to be heard, to call and examine witnesses and to submit argument and evidence at the hearing of the petition.

Place of hearing

128  The hearing of a petition is to be held in the city where the land title office is.

Powers of registrar in relation to the hearing

129  In the same manner as a judge of the Supreme Court under the Supreme Court Civil Rules, the registrar may

(a) hear the petitioner and the parties and the witnesses called by any of them,

(b) order the discovery of documents,

(c) exercise any of the powers under section 382 in connection with the proceeding initiated by the petition,

(d) inspect the land covered by the plan referred to in the petition,

(e) adjourn the hearing of the petition on terms that the registrar considers proper,

(f) award to the petitioner or a party costs the registrar considers just and order by whom the costs must be paid, and

(g) give directions that the registrar considers appropriate.

Duties of registrar on hearing the petition

130  In the same manner as a judge of the Supreme Court under the Supreme Court Civil Rules, the registrar, on hearing the petition, must

(a) consider whether or not there is sufficient cause connected with the dedication of any public area affected by the petition to continue the dedication over all or any part of the public area,

(b) as far as possible,

(i) protect existing utilities and assure anticipated utilities,

(ii) assure the rights of adjoining owners as to entry and exit, whether of a public or private nature, and

(iii) consider whether or not an easement, statutory right of way or other interest needs to be created, enlarged or extended, and

(c) permit any party to call, examine and cross examine witnesses and, without limitation, to examine or cross examine an approving officer on matters relating to the contents or sufficiency of his or her report.

Powers of the registrar to cancel or alter a plan

131  (1) Subject to sections 132 (3) and 133 (3), the registrar, by order after hearing a petition under this Part, may do one or more of the following:

(a) cancel or alter or refuse to cancel or alter

(i) the plan referred to in the petition, or

(ii) a public area

or any part of either of them;

(b) in the circumstances described in section 135, consolidate into a single parcel

(i) land that ceases to be a public area, and

(ii) land of the petitioner;

(c) direct that any land that ceases to be a public area be consolidated into a single parcel with land of the petitioner, as a condition of registering a transfer from the Crown to the petitioner of the land that ceased to be a public area;

(d) extend any charge or encumbrance registered against a parcel in the plan affected by the petition over other land in the plan and direct that the charge or encumbrance, as extended, vest in the owner of the charge or encumbrance;

(e) register in the name of the Crown in right of British Columbia an indefeasible fee simple title to any land that ceases to be a public area and direct that the title be encumbered by any easement, statutory right of way or other interest that the registrar considers necessary to

(i) protect existing utilities and assure anticipated utilities, and

(ii) assure the rights of adjoining owners as to entry and exit, whether of a public or private nature.

(2) An order of the registrar under this section

(a) may be made on terms the registrar considers necessary, and

(b) may be made conditional on the creation, enlargement, extension, cancellation or registration of any interest that the registrar considers necessary to give effect to a term of the order.

(3) An order of the registrar that cancels or alters the boundaries of a public area extinguishes the dedication or establishment of the public area or of that part of it that ceases to be a public area as a result of the cancellation or alteration.

Opposition by local authority

132  (1) Except in the circumstances set out in section 135, a local authority by resolution declaring that a public area is required for the purpose for which it is dedicated, may oppose the cancellation or alteration under this Part of the boundaries of the public area or any part of the public area.

(2) A local authority that passes a resolution under subsection (1) must file with the registrar before the hearing date a certificate containing

(a) the name of the petitioner, the filing number of the petition and a description of the land referred to in the petition,

(b) the text of the declaration contained in the resolution, and

(c) a description, along with a print of the plan, that shows to the satisfaction of the registrar the public areas or parts of them to which the declaration applies.

(3) After a certificate is filed with the registrar under subsection (2), the registrar must not, without the written consent of the local authority, make an order under this Part that cancels or alters the boundaries of a public area to which the certificate pertains.

(4) A local authority that files a certificate under this section

(a) must, in the manner required by section 315 (1), serve a copy of the certificate on the petitioner, the parties and any other persons that the registrar considers might be affected by the certificate, and

(b) within 7 days after receiving a request from the petitioner or any party, must

(i) give written reasons for the declaration, and

(ii) deliver to the petitioner or party a copy of the reports, plans and other documents that were taken into account by the local authority in passing the resolution.

Opposition by minister

133  (1) Except in the circumstances set out in section 135, the minister charged with the administration of the Transportation Act may oppose the cancellation or alteration under this Part of the boundaries of all or part of a public area that is an arterial highway, wherever located, or of a public area that is not in a municipality, if he or she considers that the public area is required for the purpose for which it is dedicated.

(2) If the minister charged with the administration of the Transportation Act opposes the cancellation or alteration, he or she must file with the registrar before the hearing date a certificate containing

(a) the name of the petitioner, the filing number of the petition and a description of the land referred to in the certificate, and

(b) a description, along with a print of the plan, that shows to the satisfaction of the registrar the public areas or parts of them to which the certificate pertains.

(3) After a certificate is filed with the registrar under subsection (2), the registrar must not, without the written consent of the minister charged with the administration of the Transportation Act, make an order under this Part that cancels or alters the boundaries of a public area to which the certificate pertains.

(4) The minister charged with the administration of the Transportation Act must, in the manner required by section 315 (1), serve a copy of a certificate filed under this section on the petitioner, the parties and any other persons that the registrar considers might be affected by the certificate.

Preparation and registration of order

134  (1) Following the conclusion of the hearing of a petition under this Part, the registrar, exercising the powers given under section 131, must decide the outcome of the petition and publish written reasons for the decision.

(2) Within 30 days after publication by the registrar of the written reasons, the petitioner must prepare and submit to the registrar for approval and signature an order giving effect to the registrar's decision.

(3) If all applications necessary to give effect to an order deciding the outcome of a petition under this Part are not submitted for registration within 3 months after the order is signed or within a further period allowed by the registrar,

(a) the order ceases to have effect, and

(b) any extinguishment previously effected by the order by the operation of section 131 (3) is deemed not to have occurred.

(4) The registrar must not register an application referred to in subsection (3) unless all duplicate indefeasible titles to the land affected by the order have been surrendered for cancellation.

(5) Within 21 days after the registrar has published the reasons for the decision under this section, the petitioner or any party may appeal the decision to the Supreme Court.

Registrar may vest an estate in fee simple

135  The registrar, by order, may vest in the petitioner an estate in fee simple to all or part of a public area adjacent to a parcel owned by the petitioner in the plan referred to in the petition if

(a) the public area or part of it, as the case may be, has been cancelled by order of the registrar under this Part,

(b) at the time the plan was deposited, the petitioner was the fee simple owner of all land in the plan, and

(c) the petitioner continues to be the owner of all the land in the plan.

Cancellation by minister of plan comprising Crown land

136  (1) Subject to subsection (1.1), the minister may

(a) order the cancellation of a plan or a portion of a plan comprising land owned by the government, including land vested in a municipality as a highway, and

(b) by that order or a subsequent order, make provisions he or she considers proper for the protection of the rights of a purchaser of a parcel shown on the plan.

(1.1) In respect to land vested in a municipality as a highway, the minister may only make an order under subsection (1) if the municipality has done all of the following:

(a) closed the highway and removed the dedication of the land as a highway in accordance with sections 40 [permanent closure and removal of highway dedication] and 41 [restrictions in relation to highway disposition, closure or alteration] of the Community Charter;

(b) disposed of the land that was a highway to the government in accordance with section 26 [notice of proposed property disposition] of the Community Charter.

(2) On receiving a certified copy of an order under subsection (1) and an explanatory plan showing the land affected, the registrar must

(a) assign one or more distinguishing letters to the new parcel created, and

(b) cancel the existing indefeasible title affected and register a new indefeasible title for the newly created parcel.

(3) If, under the Land Act, Crown land, comprising all the land included in a plan, has been removed from the operation of this Act, the minister may order the cancellation of the plan and the registrar must amend the records accordingly.

(4) The minister may delegate to the Surveyor General the minister's powers under subsections (1) and (3).

Cancellation of interior lines

137  (1) On application in the form approved by the director, accompanied by the plan, if any, that the registrar may require, the registrar may cancel the lines dividing 2 or more contiguous parcels shown on a plan, if

(a) the parcels are owned by one person, or by 2 or more persons as joint tenants or tenants in common, or by the Crown, and

(b) the parcels are free from all charges or encumbrances, or the holders of all existing charges and encumbrances consent in writing and the charges and encumbrances are extended by an appropriate instrument to cover and coincide with the boundaries of the parcel to be created as a result of the petition.

(2) If the plan showing the parcels that are the subject of an application under this section has been microfilmed, or the registrar considers that the cancellation cannot satisfactorily be shown on the plan because of its age, or for any other reason, the registrar

(a) may require the applicant to deposit an explanatory plan showing the new boundaries, and

(b) must incorporate with the description shown on the new indefeasible title a reference to the explanatory plan.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 19.1 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 24.01 | Part 24.1 | Part 24.2 | Part 25 | Schedule 1 | Schedule 2