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"Point in Time" Regulation Content

Land, Land Survey, Land Title, Mineral Tenure, Petroleum and Natural Gas and Strata Property Acts

General Survey Instruction Regulation

B.C. Reg. 229/2001

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Regulation April 29, 2004

 Regulation BEFORE repealed by Order of the Surveyor General, effective April 29, 2004.

B.C. Reg. 229/2001
Regulation of the Surveyor General
Deposited October 2, 2001

Land, Land Survey, Land Title, Mineral Tenure, Petroleum and Natural Gas and Strata Property Acts

General Survey Instruction Regulation

Contents
 Definitions
 Duties of a British Columbia land surveyor
Part 1 — Permanent Survey Monuments and Ancillary Monumentation
 Division 1 —  Monuments
 Permanent survey monument
 Type 1 post
 Type 2 post
 Type 3 post
 Type 4 post
 Type 5 post
 Alternate type 5 post
 Division 2 —  Orientation and Marking
10  Post orientation, centering and marking
11  Post caps
 Division 3 —  Ancillary Monumentation
12  Reference posts
13  Witness posts
14  Bearing trees
15  Stone mounds
16  Cairns
Part 2 — General Survey Requirements
17  Survey accuracy standards
18  Survey methods
19  Measuring system validations
20  Survey measurements and adjustments
21  Bearings
22  Geo-referencing
23  Natural boundaries
Part 3 — General Plan Requirements
 Division 1 —  General
24  Size and material
25  Scale
26  Draughting and printing
27  General plan information
28  Submission of plans to Surveyor General
 Division 2 —  Symbols and Abbreviations
29  Standard symbols and abbreviations
Part 4 — Control Surveys in Integrated Survey Areas
 Division 1 —  General
30  Definition
31  Application of Part
 Division 2 —  Specifications for Control Surveys
32  Control survey instructions
33  Integration and datum
 Division 3 —  Control Monumentation
34  Position of monuments
35  Density of control monuments
36  Types of monuments
37  Siting of monuments
38  Referencing
39  Marking of post caps
 Division 4 —  Plan of Integrated Survey Area
40  Required information on plan
41  Appended certificate
42  Filing of plan
 Division 5 —  Correcting, Amending and Adding Coordinates of
Control Monuments to the Plan
43  New coordinates
44  Supplementary certificate
45  Plan revision
Part 5 — Legal Surveys in Integrated Survey Areas
 Division 1 —  General
46  Definition
47  Application of Part 5
48  Onus on surveyor
 Division 2 —  Rules for Surveys
49  Integration
50  Exception
51  Damaged or destroyed control monument — report
 Division 3 —  Plans within Integrated Survey Areas
52  Additional plan requirements
Part 6 — General Right of Way Surveys
 Division 1 —  General
53  Definitions
54  Commencement and completion of survey
 Division 2 —  Ties
55  Intersecting surveyed boundaries
56  Timber licence boundaries
57  Crossing of water features (unsurveyed Crown land)
58  Crossing of water features (surveyed lands)
59  Crossing roads and highways
60  Crossing mineral claims and 2 post claims
61  Crossing unsurveyed boundaries
 Division 3 —  Monumentation
62  Posting requirements
63  Type 1, 2 and 4 monuments
64  Narrow rights of way and rough country
65  Right of way adjoining an existing right of way
66  Timber licences
67  Replacement of posts at district lot or section corners
68  Railway Belt and the Peace River Block
69  Mineral claim and 2 post claim boundaries
 Division 4 —  General Right of Way Plans
70  Additional plan requirements
71  General right of way plans crossing both Crown and private land
Part 7 — Highway and Railway Surveys
 Division 1 —  General
72  Definitions
73  Instructions for railway surveys
 Division 2 —  Rules for Survey
74  Widenings
75  Substitution of curves
76  Establishing boundaries
 Division 3 —  Ties
77  Intersecting surveyed boundaries
78  Timber licence boundaries
79  Crossing of water features
80  Crossing mineral claims
81  Crossing unsurveyed roads
 Division 4 —  Monumentation
82  Monumentation systems
83  Boundary system
84  Centre line system
85  Monument substitutions
86  Intersection with superseded boundaries
87  Mineral claim and 2 post claim boundaries
88  Offset monuments
89  Replacement of posts at district lot or section corners
90  Railway Belt and the Peace River Block
91  Monument markings
 Division 5 —  Block Outline Method
92  Application
93  Block outline survey
94  Control traverse
95  Ties
96  Posting concession
97  Guarantee to post
98  Final posting
99  Monument density
 Division 6 —  Highway and Railway Plans
100  Additional highway and railway plan requirements
101  Existing roads through surveyed lands (highway plans)
102  Existing roads through Crown lands (highway plans)
103  Crossing roads and highways (railway plans)
104  Railway plans on Crown land
Part 8 — Surveys of Land in the Esquimalt and
Nanaimo Railway Grant
 Division 1 —  General
105  Definition
106  Application
107  Approval of proposal
108  Supporting data for applications
109  Plans under section 70 (1) of the Act
110  Section 70 (2) plans
111  Bearings
112  Deviations in boundaries
 Division 2 —  Block Outline Surveys of Land in the Esquimalt
and Nanaimo Railway Grant
113  Application and interpretation
114  Application for block outline survey
115  Monumentation references
116  Intervisibility
117  References to witness posts
118  Coordinate system
119  Geo-referencing
120  Density of monumentation
121  Boundaries
 Division 3 —  Plan Notations for Surveys of Land in the Esquimalt
and Nanaimo Railway Grant
122  Notations
Part 9 — Surveys under the Land Act
 Division 1 —  General
123  Definitions
124  Instructions from Surveyor General
 Division 2 —  System of Survey
125  Parcel structure
126  Rights of way adopted as boundaries
127  Lakes and rivers
128  Small holdings
129  Foreshore lots
 Division 3 —  Rules for Survey
130  Responsibility of surveyor
131  Conflicting interests
132  Running of boundaries
133  Boundary lines through timber
134  Common boundaries
135  Geo-referencing
 Division 4 —  Monumentation
136  Boundary posting and centre posts
137  Corner posts
138  Intersection with conventional boundaries
139  Foreshore lots
140  Intersection with rights of way
141  Unsurveyed roads within parcel under survey
142  Surveyed roads within parcel under survey
143  Blocks over multiple district lots, sections or quarter section/lots
144  Unsuitable sites for posting
145  Requirements of posting
146  Reference to bearing trees
147  Cairns
 Division 5 —  Land Act Plans
148  Plan Title
149  Additional plan requirements
Part 10 — Surveys under the Land Title Act
 Division 1 —  Surveys
150  Application
151  Survey of boundaries
152  Errors in original boundaries
153  Railway land grant surveys
154  Block designation
 Division 2 —  Monumentation
155  Corner posts
156  Intersections with rights of way or easements
157  Witness posts
158  District lot or section corners
159  Witness district lot or section corners
160  References to corner posts
 Division 3 —  Additional Land Title Act Plan Requirements
161  Title
162  Owners signatures
163  Blank space on plan
164  Notations on plan
165  Block outline plans
166  Air space plans
Part 11 — Surveys under the Mineral Tenure Act
 Division 1 —  General
167  Definitions
168  Instructions from the Surveyor General
 Division 2 —  System of Survey
169  System of survey
 Division 3 —  Rules for Survey
170  Responsibility of surveyor
171  Conflicting interests
172  Running of boundaries
173  Survey of location lines
174  Boundary lines through timber
175  Setting of legal posts
176  Common boundaries
177  Roads
178  Geo-referencing
 Division 4 —  Monumentation
179  Corner posts
180  Control surveys
181  Monument types
182  Mineral titles over multiple district lots, sections or quarter sections/lots
183  Unsuitable sites for posting
184  Requirements of posting
185  Reference to bearing trees
186  Cairns
 Division 5 —  Determination of Boundaries
187  Governing factors
188  Legal post data
189  Replacement of legal posts
190  Prior located mineral titles
191  Number of parcels in a claim
192  Priority for mineral titles held under common ownership
193  Placer titles with intermediate posts
194  Determination of a "fraction created"
195  Elimination of fraction where area exceeded
196  Fractional mineral titles
 Division 6 —  Mineral Tenure Act Plans
197  Title
198  Additional plan requirements
Part 12 — Surveys under the Petroleum and Natural Gas Act
 Division 1 —  General
199  Definition
 Division 2 —  Rules for Survey
200  Vertical datum
201  Ties
 Division 3 —  Monumentation
202  Posting of well sites
203  Referencing of surveys
204  Markings
205  Bearing trees
206  Tripods
 Division 4 —  Plans under the Petroleum and Natural Gas Act
207  Title
208  Additional plan requirements
Part 13 — Strata Property Act
 Division 1 —  Building Strata
209  Field procedures
210  Sheet one
211  Floor plans
212  Cross sections
213  Elevation views
 Division 2 —  Bare Land Strata
214  Monumentation
215  Alternative monumentation
216  Additional bare land strata plan requirements
 Division 3 —  Phased Strata Plans
217  Plans

 Definitions

1  In this regulation:

"Active Control Point" means a Category I GPS base station validated and categorized by the Provincial government;

"British Columbia Geo-Spatial Reference" means the horizontal and vertical datums as realized on the ground through active control points and geodetic control monuments, including their associated accuracies, defined and published by the Province;

"claim" means a claim as defined in the Mineral Tenure Act and includes a placer lease;

"combined factor" means the arithmetic product of the sea level reduction factor and the U.T.M. point scale factor;

"control monument" means a coordinate control monument as defined in section 11 of the Land Survey Act;

"disturbed" means, with respect to a monument, moved

(a) except by a British Columbia Land Surveyor in the exercise of professional duty, and

(b) in such a way that it can be proven beyond doubt that the disturbed monument was moved from its original position;

"geodetic control monument" means a final type control marker officially published on the MASCOT geodetic control database or any other geodetic control monument approved by the Surveyor General;

"geo-referencing" means determining the coordinates for a point with respect to the adopted British Columbia Geo-Spatial Reference;

"integrated cadastral survey" means a cadastral survey that has been integrated with a control survey under this regulation;

"integrated land survey" means an integrated land survey as that term is used in the Land Survey Act;

"land surveyor" means a member in good standing of the Corporation of Land Surveyors of the Province of British Columbia;

"local survey" pertains to all survey posts placed or found shown on a plan tendered for deposit;

"lost" means, with respect to a monument, that the position of the monument must be re-established, and can be re-established only by measurements from some other monument or monuments to which the lost monument was previously connected by survey;

"mineral claim" means a mineral claim as defined in section 1 of the Mineral Tenure Act;

"NAD83 (CSRS)" means North American Datum 1983 (Canadian Spatial Reference System) and is the adopted provincial horizontal datum;

"network horizontal accuracy" means the absolute accuracy of the coordinates for a point with respect to the adopted British Columbia Geo-Spatial Reference to a 95% confidence level, which is dependent on the network accuracy of the known point(s) used to derive the coordinates of the local survey and the relative accuracy of the connection(s) to the known point(s);

"obliterated" means, with respect to a monument, that the monument is no longer observable but can be restored with confidence from traces remaining on the ground of the original monument or from other physical evidence of the position of the original monument;

"original monument" means an original monument as defined in section 11 of the Land Survey Act;

"post" means a post described in sections 4 to 9;

"Provincial Specifications" means the specifications contained in the current publications regarding control surveys, produced by Geographic Data BC, Ministry of Sustainable Resource Management, Province of British Columbia;

"reference post" means a reference post described in section 13;

"timber licence" means a timber licence or a special timber licence as defined in section 1 (1) of the Forest Act;

"UTM" means Universal Transverse Mercator.

[am. B.C. Reg. 6/2004, s. 1.]

 Duties of a British Columbia land surveyor

2  Each land surveyor must ensure that a legal survey he or she performs, including the plans associated with it, conforms to the requirements of this regulation.

Part 1 - Permanent Survey Monuments and Ancillary Monumentation

Division 1 - Monuments

 Permanent survey monument

3  (1)  Subject to this regulation, a permanent survey monument must consist of a standard post of a type referred to in sections 4 to 9, together with a reference post of a type referred to in section 12 and, if prescribed, bearing trees, a stone mound or a cairn.

(2)  All permanent survey monuments must be manufactured to the design and specifications required by the Surveyor General.

 Type 1 post

4  (1)  A type 1 post, to be known as the standard concrete post, must consist of a type 2 or type 4 post set in the centre of and flush with the top of a concrete cylinder that is not less than 75 cm high and 30 cm in diameter.

(2)  The concrete may be poured into a form or directly into a shaped hole using a form for not less than the top 20 cm.

(3)  Not more than 15 cm of the monolith may project above ground level.

 Type 2 post

5  (1)  A type 2 post, to be known as the standard rock post, must consist of a bronze post cap that is approximately 7.5 cm in diameter and is cast as a unit with a shank that is approximately 6.5 cm long.

(2)  A rock post must be securely set into a hole that is drilled in rock or concrete to the full depth of the shank.

 Type 3 post

6  (1)  A type 3 post, to be known as a lead plug, must consist of lead firmly set into and flush with the top of a hole that is drilled in rock or concrete.

(2)  A copper or brass tack must be set in the top of the lead plug to indicate its true position.

 Type 4 post

7  (1)  A type 4 post, to be known as the standard capped post, must consist of a bronze post cap fitted on a pointed length of steel reinforcing bar that is not less than 15 mm in diameter and not less than 75 cm long.

(2)  In loose ground where the surveyor considers that additional stability is required, a stainless steel anchor plate 7.5 cm square with a hole of appropriate size in the centre must be fitted to the post 8 cm above the point and the post must be dug into the ground.

 Type 5 post

8  (1)  A type 5 post, to be known as the standard iron post, must consist of a galvanized square iron bar that is not less than 1.2 cm across any face nor less than 75 cm long and that has, before galvanizing, been marked near the top with the initials "B.C.L.S.".

(2)  A standard iron post must be driven firmly into the ground with not more than 5 cm protruding above ground level.

(3) and (4)  Repealed. [B.C. Reg. 6/2004, s. 3.]

[am. B.C. Reg. 6/2004, s. 3.]

 Alternate type 5 post

9  (1)  An alternate type 5 post, to be known as a short iron post, must consist of a galvanized square iron bar not less than 1.2 cm across any face and not less than 9 cm long, firmly set in a hole drilled in concrete or rock.

(2)  The drill hole referred to in subsection (1) must be at least 6 cm deep, and the short iron pin must be securely set with a grout or equivalent compound, or pressure set with lead, and must not extend more than 3 cm above ground level.

[en. B.C. Reg. 6/2004, s. 4.]

Division 2 - Orientation and Marking

 Post orientation, centering and marking

10  (1)  Posts of types 1, 2 or 4 must be set with the crown on the cap facing north, and with the centre of the cap, as nearly as possible, at its true position.

(2)  The true position must be marked by a small hole that is punched or drilled in the cap.

(3)  The surveyor must indicate diagrammatically on the cap the directions of the boundary lines, and the designations of the district lots, sections, blocks and quarters adjoining the corner, together with the year in which the post was set and the registry number of the land surveyor's commission.

(4)  Parcel designations under the Land Title Act, other than for roads, railways or rights of way, must not be indicated.

(5)  If a post is set as a witness post, the post cap must be marked with the letters "WT" and with the distance and direction to the corner witnessed.

 Post caps

11  The following diagrams illustrate the markings for post caps and Specimen Plans 1 and 2 in Part 9 illustrate the corners represented by the post caps.

[am. B.C. Reg. 6/2004, s. 5.]

Division 3 - Ancillary Monumentation

 Reference posts

12  (1)  Each post must be accompanied by a reference post.

(2)  Triangular reference posts must comply with the following:

(a) measure not less than 8 cm on one face and 5 cm on each of the other faces;

(b) if milled, be chamfered at the top;

(c) if hand hewn, be pointed at the top to shed water;

(d) if referencing a post of type 1, 2 or 4, be at least 1 m high where the post marks a district lot corner, block corner, section corner, centre post or a quarter post and, in every other case, be painted white and be at least 30 cm high, with all posts marked with "MON" on the side facing the post;

(e) if referencing a post of type 3 or 5, be painted white, be at least 30 cm high, and be marked with LP or IP on the side facing the post and with lot or block designations carved or painted on appropriate faces.

(3)  The metal reference post must consist of an aluminum plate approximately 10 cm by 20 cm, marked "Legal survey post — Do Not Disturb", bolted to a galvanized angle iron post which, if referencing a post of type 1, 2 or 4 at a district lot corner, block corner, section corner, centre post or quarter post, must stand not less than 1 m high and, in every other case, must stand not less than 30 cm high.

(4)  Other posts must be approved by the Surveyor General.

[am. B.C. Reg. 6/2004, s. 6.]

 Witness posts

13  Where a reference post is set to mark the presence of a post of type 3 or 5 that witnesses a true corner, it must be marked with "WT" and the distance from the post to the true corner.

 Bearing trees

14  (1)  Where bearing trees are required, they must be made and recorded as follows:

(a) each bearing tree must be blazed and carved with the letters "BT" and the distance to the post;

(b) the distance to the post must be measured from the blaze to a point 1 m vertically above the post;

(c) the diameter and species of the tree and the bearing and distance from the post to the blaze must be recorded and noted on the plan.

(2)  Bearings may be magnetic or on the same origin as the plan and must be clearly noted.

 Stone mounds

15  Where posts of type 2 or 4 are placed, and the erection of a standard cairn as defined in section 16 (1) is not required, the surveyor must, if possible, surround the post with a substantial circle of rocks which must be recorded and shown on the plan as a stone mound.

 Cairns

16  (1)  At a corner post, a cairn must

(a) be pyramid shaped with the centre of the pyramid lying due south of the post,

(b) have a base with dimensions of 1.5 m and a height of 1 m, and

(c) have one corner adjoining the post.

(2)  At a witness post, a cairn must

(a) be cone shaped,

(b) have a diameter at the base of 2 m and a height of 1 m, and

(c) stand on the opposite side of the post to the witnessed corner with its centre 1 m from the witness post.

(3)  Where it is impractical to put the cairn in the place prescribed by subsections (1) and (2), the cairn's location may be varied and the variation must be recorded and shown on the plan.

Part 2 - General Survey Requirements

 Survey accuracy standards

17  (1)  For new surveys consisting of the surveyor's own work, the minimum accuracy standard expressed as a misclosure must be 1:5000.

(2)  If, due to rugged terrain, swamps or other conditions, it is impractical to obtain the minimum accuracy set out in subsection (1), the Surveyor General may, on application, accept a lower standard of accuracy.

[en. B.C. Reg. 6/2004, s. 7.]

 Survey methods

18  (1)  Surveys may be conducted using conventional, GPS, or other methods, providing the survey accuracy standards are met.

(2)  It is the responsibility of the land surveyor to assess which survey method or combination of survey methods must be used for a particular survey.

(3)  The preferred method of placing monuments and determining the length and direction of boundaries is by direct measurement along boundaries.

(4)  Survey traverses and networks must consist of closed figures or be confirmed by sufficient redundant measurements to verify the survey accuracy standards required under section 17, except that single measurements may be made when closing between corners of a previously surveyed parcel.

(5)  The misclosure to the existing survey must not exceed 1:2 500 ± 0.02 metres, otherwise, the measurements must be independently verified.

(6)  Except as permitted by the Surveyor General, measurements shown on the plan must be based on the survey and must not be derived from previously registered plans nor from surveys or plans made by a person other than the surveyor performing the current survey.

(7)  The datum for UTM coordinates must be NAD83 (CSRS).

(8)  Surveys must be carried out under the on-site supervision of the surveyor signing the plan.

[am. B.C. Reg. 6/2004, s. 8.]

 Measuring system validations

19  (1)  All measuring equipment must be kept in proper adjustment and must be periodically validated to ensure the equipment is operating to the manufacturer's specifications.

(2)  The surveyor must keep validation records and be prepared to verify the accuracy of the measuring systems used for any survey project.

 Survey measurements and adjustments

20  (1)  A land surveyor must directly assess and manage the method in which the survey measurements are processed and adjusted.

(2)  Survey measurement blunders must be detected and eliminated and all known systematic errors must be identified and corrected before adjustment.

(3)  Survey measurements must be adjusted to eliminate misclosures.

(4)  A least squares adjustment process is the preferred method of adjustment for all surveys and must be used to process redundant post mission GPS measurements.

 Bearings

21  (1)  Bearings may be derived from the following:

(a) stellar observations;

(b) solar observations, except for right of way surveys which exceed one kilometre in length;

(c) geodetic control monuments;

(d) GPS derived baselines of a minimum length of 150 metres;

(e) existing surveys for

(i)  surveys under the Land Act,

(ii)  surveys under the Land Title Act, except right of way surveys which exceed one kilometre in length, or

(iii)  surveys under the Strata Property Act;

(f) by other methods if approved by the Surveyor General.

(2)  Bearings within integrated survey areas must be grid bearings referred to the central meridian of the UTM zone specified on the plan of the appropriate integrated survey area.

(3)  Bearings derived by GPS methods or geodetic control monuments must, wherever practical, be grid bearings referred to the central meridian of the UTM zone in which the survey is situated.

(4)  Bearings for surveys under Parts 6 to 10 and 13 must be referred to a local astronomic meridian, except those identified in subsections (1) (e) and (f), (2) and (3) of this section.

(5)  Bearings for surveys under Part 11 must be referred to the local astronomic meridian.

(6)  Bearings for surveys under Part 12 must be

(a) referred to the central meridian of the township in which the survey is situated where the survey lies within the Peace River Block, or

(b) grid bearings referred to the central meridian of the UTM zone in which the survey is situated where the survey lies outside the Peace River Block.

(7)  Bearings for surveys under Parts 6, 7 and 12 greater than one kilometre in length must be derived as follows:

(a) at the origin and close of the survey;

(b) at least once

(i)  for every 40 angles of the main traverse, or

(ii)  every 8 km along the length of the survey,

whichever occurs first;

(c) the discrepancy between bearings observed under paragraph (b), after convergence has been applied, must not exceed 15 seconds for every kilometre of the extent of the survey.

(8)  Where any survey is partly within the boundary of an Integrated Survey Area, bearings must be defined according to section 21 (2).

[am. B.C. Regs. 275/2001, s. 1; 6/2004, s. 9.]

 Geo-referencing

22  (1)  Surveys located outside of integrated survey areas, that are tied to geodetic control monuments or where all or part of the local survey is completed using differential GPS including derivation of bearings, must, if practical, be geo-referenced to the British Columbia geo-spatial reference or other control approved by the Surveyor General.

(2)  The estimated network horizontal accuracy under subsection (1) must be less than 2 metres.

(3)  Surveys outside of integrated survey areas, other than surveys under subsection (1), may be geo-referenced by autonomous GPS or superior positioning methods.

 Natural boundaries

23  (1)  The position of natural boundaries may be determined by any survey method that yields an accuracy of 0.5 metres or better.

(2)  Ties to the natural boundary must be made at intervals sufficiently close to permit the accurate plotting of the natural boundary and the computation of areas.

(3)  Where the natural boundary is determined from angular and distance measurements, these ties must be made from a closed traverse line, or by radial ties from points established as part of a closed survey.

(4)  The following methods may also be used to determine the present natural boundary upon application and approval by the Surveyor General:

(a) photogrammetric methods where at least two photo points are tied in order to control scale and azimuth and those points must be identified in the photo during the course of the ground survey;

(b) existing suitable maps prepared from photographs where two points common to the map and the survey being conducted can be determined;

(c) other methods approved by the Surveyor General.

[am. B.C. Reg. 6/2004, s. 10.]

Part 3 - General Plan Requirements

Division 1 - General

 Size and material

24  (1)  The plan must be prepared on mylar film with a minimum thickness of 0.075 mm and a matte finish on both sides in one of the following standard sheet sizes:

A size — 216 mm by 280 mm

B size — 280 mm by 432 mm

C size — 432 mm by 560 mm

D size — 560 mm by 864 mm

E size — 864 mm by 1120 mm (May be used for plans prepared under the Mineral Tenure Act and the Land Act only, unless approval is given by the registrar).

(2)  Right of way plans must be prepared using the standard sheet sizes required by subsection (1) if possible but a plan must not in any case exceed 4 metres in length and 0.75 metres in width, except, with the consent of the Surveyor General.

(3)  Strata plans must be prepared using an A or B size sheet, unless the Registrar authorizes C or D size plans.

[am. B.C. Reg. 6/2004, s. 11.]

 Scale

25  (1)  The scale of the plan must be 1:100, 1:125, 1:150, 1:200, 1:250, 1:400, 1:500, 1:600, 1:750 or 1:900, or multiples of such scales by an integral power of 10.

(2)  The smallest scale that will permit all required detail and information to be shown on the plan without congestion must be used.

(3)  A scale must not be used where a parcel under survey would be represented on the plan as less than 5 cm2.

(4)  If the requirements of subsection (3) would result in the preparation of an unduly large plan, the main body of the plan may be drawn to a smaller permitted scale with necessary detail shown on inserted enlargements.

(5)  The inserted enlargements referred to in subsection (4) must conform to a scale prescribed by subsection (1) except if impracticable, in which case "not to scale" must be noted on the inserted enlargement.

[am. B.C. Reg. 6/2004, s. 12.]

 Draughting and printing

26  (1)  Plans must be draughted in permanent black ink and all words on the plan, other than signatures, must be printed.

(2)  Except in the case of a posting plan and building strata plan, the exterior boundaries of the land being dealt with by the plan must be shown as a solid black line, between 1 and 1.5 mm in width.

(3)  If a perimeter boundary is shown on an inserted enlargement, subsection (2) applies to that boundary.

(4)  Hatching may be used if it is necessary to distinguish between parcels being surveyed.

(5)  The top of the plan must, if practicable, be north and the lettering must be so arranged that it may be easily read when facing the top of the plan.

(6)  Extraneous information must not be shown on the plan, however, the name and address of the surveyor's firm may be appended.

(7)  Signatures on a plan must be original signatures in black ink.

(8)  The style and methods in specimen plans must be used where practicable.

(9)  The plan must have a border of solid straight lines.

(10)  Plan lettering must be in a solid black font and must not be less than 2.0 mm in height.

(11)  Plans must be capable of being reproduced or scanned so that the resulting copy shows a clear and legible image.

(12)  The original plan must be identified by adding the word "original" in the lower right hand margin of the plan.

(13)  Plans must be in compliance with any standards for electronic submission approved by the Surveyor General.

[am. B.C. Reg. 6/2004, s. 13.]

 General plan information

27  (1)  The plan must contain the following information:

(a) the scale with corresponding bar scale;

(b) a north point;

(c) the derivation of bearings;

(d) a legend giving details of the various monuments shown on the plan, subject to the following:

(i)  the monument standard abbreviations prescribed must be used;

(ii)  only monuments shown on the plan may be represented in the legend;

(e) the British Columbia Geographic System designation or designations shown immediately below the title using the 6 minute latitude by 12 minute longitude breakdown;

(f) all bearings must be shown in the full circle sexagesimal system clockwise from north;

(g) adjusted bearings and distances must be shown on the plan of survey;

(h) all linear measurements must be shown as horizontal ground level distances in metres and decimals thereof, except for distances to bearing trees and ties to geodetic control monuments or active control points, unless otherwise directed by the Surveyor General;

(i) if a plan shows both horizontal ground level distances and grid distances or only grid distances, a note is required to clearly identify the type of distance shown;

(j) details of found and made bearing trees, stone mounds, cairns or other ancillary evidence;

(k) the boundaries of existing rights of way or easements if there is a charge on title to the parcel under survey or if, in the opinion of the Registrar, there is a reasonable expectation of a charge being placed on the title to the parcel under survey or on the titles of newly created parcels, shown by broken lines;

(l) the boundaries of surveyed covenant areas shown by broken lines;

(m) if the land surveyor considers it appropriate, traverse lines, GPS baselines or radial ties shown as fine broken lines, the dimensions and bearings of which may be shown adjacent to the broken line in the body of the plan or in tabular form at a convenient location on the plan;

(n) the length of the arc and the radius of curved boundary which must be the arc of a circle;

(o) the bearings of radii to intersections with points on the curve;

(p) the bearings of radii at the beginning and end of the curve;

(q) all radii shown as fine broken lines;

(r) the designation of land adjacent to each boundary by the District Lot, lot, block or section number, the land title plan number, or as "Unsurveyed Crown Land", whichever applies;

(s) fine broken lettering to indicate the designations of parcels which will be cancelled on the deposit of the new plan;

(t) areas shown on the plan, except strata floorplans and other unique plans, to the precision given in the following table:

Up to 0.1 haquote to 0.1 m2
From 0.1 ha up to 1 haquote to 0.001 ha
From 1 ha up to 10 haquote to 0.01 ha
From 10 ha up to 100 haquote to 0.1 ha
From 100 ha and overquote to 1 ha;

(u) posts found and set;

(v) if an obliterated, lost or disturbed corner post has been reestablished, the method of reestablishment;

(w) if evidence on one side of a road is used to establish the opposite side, sufficient ties by bearing and distance from the posts found to those set on the opposite side;

(x) the perpendicular width of each road created by the survey;

(y) if the sides of the road are not parallel, the varying width clearly indicated;

(z) the names of roads and bodies of water;

(aa) the present natural boundary and the natural boundary upon which title is based, except in the case of a plan endorsed under section 94 (1) (d) of the Land Title Act in which case only the present natural boundary must be shown;

(bb) the distance along boundaries to the natural boundaries as they exist at the time of the survey;

(cc) offsets from a boundary or traverse line to natural boundaries and the distance along the boundary or traverse line to the point of offset;

(dd) radial ties to natural boundaries may be shown in tabular format indicating the observation point numbers and their corresponding bearings and distances;

(ee) small watercourses of a temporary or seasonal nature that do not have natural boundaries must not be shown on the plan;

(ff) the surveyor's certificate in the form prescribed under the Land Title Act Regulation;

(gg) the boundaries of all lots, roads and walkways shown by solid black lines, except that, where boundaries have been cancelled or where a block overlaps two or more adjacent sections or District Lots, those boundaries must be shown by broken lines;

(hh) natural boundaries shown by a sinuous line;

(ii) in a location near the certificate prescribed by paragraph (ff), the following:

This plan lies within the............................ Regional District;

(jj) where an alternate type 5 post is found or placed, either a note next to the post reading: "short iron post........ [description].........", or an abbreviation of the note in the legend;

(kk) post cap diagrams as depicted on specimen plan 1.

(2)  The plan must contain the following information if applicable:

(a) a statement or diagram of the amount and correct application of convergence between one or more points within the local survey and the central meridian of the UTM zone where grid bearings are used outside of an integrated survey area;

(b) surveys geo-referenced in accordance to section 22 (1) must indicate on the plan the following:

(i)  the datum, UTM coordinates, combined factor, zone and estimated network horizontal accuracy placed next to the geo-referenced point or in a table with a cross reference number where appropriate (the grid bearing and grid distance to geodetic control monuments or active control points may also be shown on the plan);

(ii)  the notation:

"The UTM coordinates and estimated network horizontal accuracy are derived from ...[Insert Type Of Gps Survey Method].... to ....[Insert Geodetic Control Monument(s) Number(s) And/or Insert Active Control Point(s) Number(s)].....";

(iii)  the following note, with modification as necessary:

"This plan shows horizontal ground-level distances based on a mean ellipsoidal elevation of ... [insert elevation] ... metres. To compute grid distances, multiply ground-level distances by the mean combined factor of ... [insert factor] ....";

(c) surveys geo-referenced in accordance with section 22 (3) must indicate on the plan the following:

(i)  the datum, UTM coordinates and zone placed next to the geo-referenced point or in a table with a cross reference number where appropriate;

(ii)  the notation:

"UTM coordinates are derived by autonomous GPS survey methods.";

(d) if new highways are created, they must be shown on the plan as "road" or "lane" as appropriate.

[am. B.C. Regs. 275/2001, s. 2; 6/2004, ss. 14 and 15.]

 Submission of plans to Surveyor General

28  (1)  Plans submitted to the Surveyor General for approval, confirmation, or both, must include the following:

(a) appropriate fees;

(b) field notes when requested;

(c) digital plan as specified by the Surveyor General;

(d) a covering letter explaining any deviation from the instructions or this regulation;

(d.1) the government file number beneath the Surveyor General signature block;

(e) additional requirements for Land Act surveys as follows:

(i)  Repealed. [B.C. Reg. 6/2004, s. 16 (c).]

(ii)  final submission of one original mylar and four paper prints;

(f) additional requirements for Land Title Act surveys as follows:

(i)  Repealed. [B.C. Reg. 6/2004, s. 16 (c).]

(ii)  final submission of eight paper prints, one original mylar and one duplicate mylar, except railway plans require two duplicate mylars;

(g) additional requirements for Mineral Tenure Act surveys as follows:

(i)  three preliminary paper prints;

(ii)  copies of the current records for all mineral titles being surveyed;

(iii)  copies of the records of all mineral titles which affect, or may affect, the determination of the boundaries of a mineral title being surveyed;

(iv)  printed forms, obtainable from the Surveyor General, on which the surveyor must record the serial number of each of the identification tags found by the land surveyor as well as all the information found written on the tags or legal post and on the legal corner post or identification posts;

(v)  final submission of five paper prints and one original mylar;

(h) for plans under the Petroleum and Natural Gas Act only, a final submission of one original and one paper print.

(2)  If complete posting of a survey is impractical, application may be made to the Surveyor General for modified posting.

(3)  The application must be in writing and include a detailed explanation why posting is impractical and a sketch indicating the proposed modified posting.

(4)  If an application for modified posting is approved, the following note must be shown on the plan:

The monumentation on this survey is approved ..............[Date]

................................................................................
Surveyor General

[am. B.C. Reg. 6/2004, ss. 16 and 17.]

Division 2 - Symbols and Abbreviations

 Standard symbols and abbreviations

29  (1)  The following standard symbols must be used on all survey plans:

SymbolsDescriptionDimensions
FoundPlaced(mm)
Standard Concrete Post (Type 1)3.5, 1.5
Standard Rock Post (Type 2)3.5, 2.0
Lead Plug (Type 3)2.0
Standard Capped Post (Type 4)3.0
Standard Iron Post (Type 5)2.0
Control Monument3.5, 2.5
Old Pattern Dominion Iron Post3.0, 1.5
Non-Standard Post (describe)3.0, 2.0
Angle Iron3.5, 1.0
Aluminum Post2.0, 2.5
Traverse Hub2.5
Unmarked Measured Point1.0

(2)  The following standard abbreviations may be used on all survey plans and need not be explained in the legend:

aarc
ACPActive Control Point
APaluminum post
BCGSBritish Columbia Geography System
BkBlock
bdyboundary
brgbearing
BTbearing tree
Cstandard cairn
(c)calculated
CAPold style capped aluminum post
centreline
CIPold style capped iron post
CLSRCanada Lands Surveys Records
cmcentimetre
corcorner
CPstandard capped post
DLDistrict Lot
DLSIPold style Dominion Lands Surveys iron post
EEast
Fdfound
FrFractional
GCMGeodetic Control Monument
Gpgroup
GPSGlobal Positioning System
hahectare
Hwyhighway
IPstandard or short iron post
IRIndian Reserve
KDYDKamloops Division of Yale District
Kmkilometre
LLot
Latlatitude
Longlongitude
LPstandard lead plug
LSLegal Subdivision
LTOLand Title Office
Mdirt mound or Meridian (i.e. W6M)
mmetre
m2square metre(s)
magmagnetic
MCMineral Claim
measmeasured
mkdmarked
NNorth
NAD83 (CSRS)North American datum 1983
(Canadian Spatial Reference System)
NFnothing found
nonumber
NWDNew Westminster District
OObserved
oblobliterated
ODYDOsoyoos Division of Yale District
PCpoint of curvature
PConstandard concrete post
PCCpoint of change of curvature
PIpoint of intersection of tangents
Pit4 pits
Plplaced
POTpoint on tangent, subtangent or subtangent produced
PPold style pipe post
PRDPeace River District
PRockstandard rock post
QCDQueen Charlotte District
RRange
rradius
REMremainder
RPreference post
R/Wright of way
Rlyrailway
SSouth
SecSection
SDYDSimilkameen Division of Yale District
SRWstatutory right of way
SMstone mound built around true corner
Stastation
Ttrench
THtraverse hub
TpTownship
UCLunsurveyed Crown land
UTMUniversal Transverse Mercator
WWest
Wowooden post
Wtwitness
YDYDYale Division of Yale District

[am. B.C. Reg. 6/2004, ss. 18 and 19.]

Part 4 - Control Surveys in Integrated Survey Areas

Division 1 - General

 Definition

30  In this Part, "control survey" means a survey to establish coordinates for

(a) a control monument set before constituting a portion of British Columbia as an integrated survey area, or

(b) an additional control monument or more accurate coordinates for an existing control monument in a constituted integrated survey area.

 Application of Part

31  This Part applies to all control surveys in an integrated survey area.

Division 2 - Specifications for Control Surveys

 Control survey instructions

32  (1)  The Surveyor General will issue survey instructions for integrated control surveys to a British Columbia Land Surveyor.

(2)  Control survey instructions outline specific horizontal and vertical accuracy standards and submission requirements.

 Integration and datum

33  (1)  A control survey must be integrated with the Provincial and Federal Geodetic (Survey Control) Networks.

(2)  Coordinates must be based on the North American Datum approved by the Surveyor General.

(3)  Elevations must be referred to the vertical datum approved by the Surveyor General.

Division 3 - Control Monumentation

 Position of monuments

34  (1)  A control monument may be set at a position that is arbitrary in relation to original monuments.

(2)  If an original monument complies with the requirements of sections 36 and 37, the surveyor may upgrade it to the status of a control monument.

(3)  If an original monument does not comply with the requirements of sections 36 and 37, the surveyor may replace it with a control monument.

 Density of control monuments

35  Before the constituting of an integrated survey area, control monuments must be established in or surrounding the area to a density approved by the Surveyor General.

 Types of monuments

36  A control monument must be a type 1 or type 2 post prescribed in Part 1 of this regulation, a special survey monument as defined in section 322 of the Land Title Act, or a type of monument approved by the Surveyor General.

 Siting of monuments

37  A control monument must be set in a safe location and in a useful position such that it is least likely to be subject to damage or removal or create interference.

 Referencing

38  (1)  Control monuments in rural areas must be referenced by reference posts referred to in section 12 or bearing trees referred to in section 14.

(2)  A reference post or bearing tree must not be used as a means of replacing a monument that has been damaged or removed.

 Marking of post caps

39  (1)  The post cap of a control monument must be marked with a unique identifier or other designation allotted to it by the Surveyor General.

(2)  If an original monument is upgraded to the status of control monument, the markings designated under subsection (1) must be added to the post cap.

Division 4 - Plan of Integrated Survey Area

 Required information on plan

40  A plan of an integrated survey area must be prepared and must show all of the following:

(a) the number and other designation of the integrated survey area, a legend, the name of the regional district and the British Columbia Geographic System designation or designations;

(b) the number and year of approval of the order of the Lieutenant Governor in Council that constituted the integrated survey area;

(c) sufficient planimetric detail to indicate the location of control monuments;

(d) the boundaries of the integrated survey area;

(e) the location of control monuments by the symbol prescribed in section 29 (1), accompanied by the unique identifier or designation allotted under section 43;

(f) details of the projection used, the origin of coordinates, the datum used and the scale of the plan;

(g) the geographical graticule by fiducial marks at suitable intervals in the margin of the plan;

(h) the rectangular grid, by marking grid intersections at suitable intervals across the face of the plan.

 Appended certificate

41  A certificate, which is considered to be a part of the plan, must be appended to the plan and must show all of the following:

(a) the number and other designation of the integrated survey area;

(b) the year of approval and number that constitutes the integrated survey area;

(c) projection, origin and datum for rectangular coordinates;

(d) date of issue, consolidation or revision of the certificate;

(e) the UTM coordinates of control monuments;

(f) the point combined factor for each monument;

(g) disturbed monuments identified and listed, together with the original and revised UTM coordinates, point combined factor and the date of revision of the coordinates;

(h) destroyed monuments identified and listed, together with their U.T.M. coordinates, point combined factor and the date of their destruction, if known;

(i) the elevation of each control monument.

 Filing of plan

42  The original plan must be filed in the office of the Surveyor General and a copy is to be filed in the land title office of the district.

Division 5 - Correcting, Amending and Adding Coordinates of
Control Monuments to the Plan

 New coordinates

43  (1)  If a control monument coordinate error is brought to the attention of the Surveyor General and a survey is made under his or her direction to establish the correct coordinates, or if additional surveys to establish more accurate coordinates for control monuments are made in an integrated survey area under the direction of the Surveyor General, new coordinates may be computed.

(2)  If the Surveyor General deems it necessary, readjustment of an integrated survey may be carried out in order to maintain the integrity of the survey fabric.

 Supplementary certificate

44  If new control monuments are established or coordinates of control monuments are amended or corrected, the Surveyor General must file, in the land title office of the district, a supplementary certificate setting out the new or amended coordinates, which, on filing, become the official coordinates of the monuments concerned.

 Plan revision

45  The Surveyor General is responsible for updating and revising plans of integrated survey areas.

Part 5 - Legal Surveys in Integrated Survey Areas

Division 1 - General

 Definition

46  In this Part, "monument" means a type 1 or type 2 standard post prescribed by Part 1 of this regulation.

 Application of Part 5

47  (1)  This Part applies to all legal surveys in integrated survey areas.

(2)  If an area to be surveyed lies partially within an integrated survey area, this Part applies to the whole survey.

(3)  If there is a conflict between this Part and another Part, this Part prevails.

 Onus on surveyor

48  It is the responsibility of every land surveyor to determine whether a legal survey he or she conducts relates to land within an integrated survey area.

Division 2 - Rules for Surveys

 Integration

49  (1)  Legal surveys must be integrated with active or passive geodetic control monuments in the vicinity of the area under survey.

(2)  Integration of legal surveys means performing one of the following:

(a) a conventional closed traverse containing any two intervisible passive control monuments;

(b) a conventional traverse closing on two pairs of intervisible passive control monuments;

(c) ties to two or more passive or active control monuments;

(d) two independent ties to one active control monument.

(3)  Integration of legal surveys by conventional methods must meet or exceed the survey accuracy standards required under section 17.

(4)  Integration of legal surveys to active control points must meet or exceed an accuracy of 0.05 metres.

(5)  If a legal survey is integrated to an active control point and the survey is within 200 metres of one or more passive control monuments, a tie should be made to at least one of the nearby passive control monuments.

(6)  Conventional bearing misclosures between published geodetic control monument lines must not exceed 20 times the square root of n, where n is the number of angles in the closing traverse.

[am. B.C. Regs. 275/2001, s. 3; 6/2004, s. 20.]

 Exception

50  (1)  The Surveyor General may exempt a surveyor from any provision of this regulation, in whole or in part, if, in the opinion of the Surveyor General, strict compliance is impracticable, and the surveyor, before completion of the survey, explains in writing why the survey cannot be completed in strict compliance with this regulation.

(2)  Applications for exemption for integration under section 49 will be considered if

(a) more than three traverse hubs would be required to tie to the integrated control monuments, or

(b) a conventional traverse to the integrated control monuments will exceed 1 000 metres.

(3)  New right of way, posting, strata or reference plans wholly within a plan or plans previously integrated under section 49 do not have to comply with section 49, and a certificate issued under section 52 (4) is not required.

[am. B.C. Reg. 275/2001, s. 4.]

 Damaged or destroyed control monument — report

51  If a control monument is damaged or destroyed, the surveyor must promptly report the matter to the Surveyor General.

Division 3 - Plans within Integrated Survey Areas

 Additional plan requirements

52  (1)  Plans within integrated survey areas must contain the following information:

(a) if integration under section 49 is completed solely by conventional means, the plan must show at least two or more geodetic control monuments accompanied by connecting data to all original monuments so that the coordinates of any monument or position shown on the plan may be computed without reference to any other plan;

(b) if integration under section 49 is completed by ties to passive or active geodetic control monuments, the plan must show

(i)  the location of two or more geodetic control monuments relative to the local survey, and

(ii)  the location of the active control points relative to the local survey by indicating the grid bearing and grid distance to the active control point(s);

(c) if integration under section 49 is completed solely by ties to active control point(s), the plan must show the location of the active control point(s) relative to the local survey by indicating the grid bearing and grid distance to the active control point(s);

(d) the Integrated Survey Area number, name, datum, bearing derivation and adopted combined factor, and must contain the following notations:

Integrated Survey Area No. ..........., .........[name]..........., NAD83 (CSRS)

Grid bearings are derived from ...... [observations between geodetic control monument(s) or GPS observations]................

This plan shows horizontal ground-level distances except where otherwise noted. To compute grid distances, multiply ground-level distances by combined factor .......... .

(2)  Repealed. [B.C. Reg. 6/2004, s. 21.]

(3)  Control monuments found must be shown on the plan of survey by the symbol prescribed in section 29 (1), together with the number or designation of each control monument.

(4)  If exemption from integration is granted under section 50, the plan must contain the following notation:

Pursuant to section 50 of the General Survey Instruction Regulation, this survey need not be integrated with survey control.

................................................................................
Surveyor General
Victoria, B.C. ..................... [Date]
[am. B.C. Reg. 6/2004, s. 21.]

Part 6 - General Right of Way Surveys

Division 1 - General

 Definitions

53  In this Part:

"forest service road" means a forest service road as defined in the Forest Act;

"public road" means a highway as defined in the Highway Act or a public road as defined in the Land Act;

"right of way" includes a statutory right of way under the Land Title Act.

 Commencement and completion of survey

54  (1)  Subject to subsection (2), a survey under this Part must not be posted until clearing has been completed.

(2)  The survey of a pipeline right of way must not be posted until construction has been completed.

(3)  The survey of a right of way must be completed in accordance with section 24 of the Pipeline Act.

Division 2 - Ties

 Intersecting surveyed boundaries

55  (1)  A right of way that crosses a surveyed parcel of land, or a surveyed road or right of way, must be tied, by bearing and distance, to at least one monument of the existing survey on each side of the right of way.

(2)  If subsection (1) cannot be complied with, other ties must be made to determine the true position of the intersected boundary.

 Timber licence boundaries

56  (1)  If a right of way crosses an area covered by a timber licence, a surveyor must ascertain whether the licence is in force.

(2)  The area covered by a timber licence that is not in force need not be tied.

(3)  The area covered by a timber licence in force must be tied

(a) in the manner provided for in section 55 if the area has been assigned a district lot number and surveyed under the Land Act or an Act which that Act replaced, or

(b) in any other case, in a manner sufficient to enable the boundaries of the licence to be indicated on the plan without dimensions.

(4)  In complying with subsection (3) (b), a reference to cut lines, topography, other survey plans or a tie to one corner is sufficient.

 Crossing of water features (unsurveyed Crown land)

57  If a right of way, through unsurveyed Crown land, crosses a lake, stream, river or tidal water, the natural boundaries must be tied in accordance with section 23.

 Crossing of water features (surveyed lands)

58  If a right of way under survey, through a surveyed parcel or a parcel existing by description, crosses a lake, stream, river or tidal water, the natural boundaries must

(a) be tied in accordance with section 23, and,

(b) where the natural boundary differs with the title boundary of the upland parcel, enough survey evidence must be tied in order to resolve the discrepancy under section 118 of the Land Title Act.

 Crossing roads and highways

59  (1)  Public roads must be excluded from a right of way and, if unsurveyed, the width to be excluded must be

(a) in the case of a road established by notice in the Gazette, the width stated in the notice,

(b) in the case of a road established under section 4 of the Highway Act, the travelled width,

(c) in the case of a road established under section 79 of the Land Act, the width shown on the plan which established the road, and

(d) in the case of a road or trail referred to in section 27 (b) of the Land Act, the width required by section 13 or 57 of the Land Act, or if section 13 or 57 does not apply, the improved width or travelled width, whichever is greater.

(2)  If a right of way over Crown land crosses an unsurveyed travelled road, other than a public road, the road must be shown on the plan as part of the right of way without reference to its width.

(3)  If a right of way crosses a Forest Service Road, the road must be shown as part of the right of way.

[am. B.C. Reg. 6/2004, s. 22.]

 Crossing mineral claims and 2 post claims

60  (1)  A right of way that crosses a 2 post claim in respect of which a Crown grant of the surface has been made must be tied in accordance with section 55.

(2)  A right of way that crosses an isolated 2 post claim or an isolated mineral claim

(a) in respect of which a Crown grant of the surface has not been made, and

(b) that has been surveyed,

must be tied to 2 monuments of that survey or of another survey to which the claim has been tied, and intersections with all boundaries of the claim must be calculated and indicated on the plan using the dimensions on the existing survey.

(3)  A right of way that crosses 2 or more 2 post claims or mineral claims

(a) in respect of which a Crown grant of the surface has not been made,

(b) which have been surveyed, and

(c) which are contiguous to one another,

must be tied to any 2 monuments of the surveys of these claims, and intersections with all boundaries of the claims must be calculated and indicated on the plan using the dimensions on the existing survey.

(4)  If a right of way referred to in subsection (3) exceeds 1.5 km in length over those claims, there must be one tie in accordance with subsection (3) every 1.5 km.

(5)  The area of a right of way that crosses a mineral claim or 2 post claim must be shown on the plan.

 Crossing unsurveyed boundaries

61  Intersections of a right of way with

(a) boundaries that exist by description under the Land Title Act,

(b) lines that bound unposted aliquot parts of surveyed parcels, or

(c) unposted legal subdivision boundaries within the township system,

must be calculated and shown on the plan and need not be posted.

Division 3 - Monumentation

 Posting requirements

62  Except as provided in this Division, posts of type 1, 2, 3, 4 or 5 must be set as follows:

(a) where the right of way begins;

(b) where the right of way ends;

(c) at each angle of the right of way;

(d) where the right of way intersects with an existing surveyed boundary;

(e) on both sides of a road referred to in section 59;

(f) at or near where the right of way intersects with a natural boundary of a body of water having a width greater than 6 metres;

(g) at a point witnessing a location referred to in paragraphs (a) to (e).

 Type 1, 2 and 4 monuments

63  (1)  Posts of type 1, 2 or 4 must be set on one side of the right of way at intersections with district lot, section or quarter section boundaries and at intervals along the right of way not greater than 1 km.

(2)  If the length of a right of way crossing a body of water exceeds 500 m, a type 1, 2 or 4 post must be set on one boundary near the intersection with the natural boundary.

(3)  Posts of types 1, 2 and 4 must be numbered consecutively along the right of way and the designation of adjoining parcels must be marked on the posts.

 Narrow rights of way and rough country

64  (1)  If a right of way has a width of 6 m or less it may be posted on one boundary only.

(2)  If a right of way crosses extremely rough country, the Surveyor General may, on application, permit posting on one boundary, along the centreline or on a suitable offset.

 Right of way adjoining an existing right of way

65  If a new right of way is coincident with and parallel to an existing right of way and the owners of the right of way are the same, the surveyor may

(1)  post both sides of the new right of way, or

(2)  post the outermost boundaries of the new and the existing right of way.

[am. B.C. Reg. 275/2001, s. 5.]

 Timber licences

66  If a right of way intersects with the boundaries of an area covered by a timber licence other than an area referred to in section 56 (3) (a), posts need not be set.

 Replacement of posts at district lot or section corners

67  (1)  If, in the course of a survey, a district lot corner, section corner, centre post or quarter post is tied to, and is not found monumented with, a post of type 1, 2 or 4, or an old style Dominion iron post, it must be replaced with a post of type 1, 2 or 4.

(2)  If no evidence of an original district lot corner, section corner, centre post or quarter post is found, the position of the original post must be reestablished from other evidence in accordance with the Land Survey Act and posted with a post of type 1, 2 or 4.

 Railway Belt and the Peace River Block

68  (1)  The following applies if a right of way crosses land in the Railway Belt or the Peace River Block:

(a) a dotted line on an official township plan may be treated as a line that exists by description, and confirmation of the cadastral fabric should be obtained from the Surveyor General;

(b) if a theoretical division of a section into quarters or quarters into legal subdivisions is not shown on the official township plan, theoretical division must not be shown on the right of way plan.

(2)  If a division by description referred to in section 61 (a) has been registered in respect of land referred to in subsection (1), section 61 applies and the parcel must be shown on the plan.

 Mineral claim and 2 post claim boundaries

69  (1)  If a right of way intersects a 2 post mineral claim in respect of which a Crown grant of the surface has been made, posts must be set at all points of intersection.

(2)  If a tie has been made under section 60 (2), (3) or (4), the boundary of the mineral claims or 2 post claims must be posted where the right of way enters and exits the claims.

(3)  On application, the Surveyor General may permit modified posting.

Division 4 - General Right of Way Plans

 Additional plan requirements

70  General right of way plans must contain the following information in addition to Part 3 if appropriate:

(a) the width of the right of way at frequent intervals;

(b) the values of convergence from the origin to points on the plan at 8 kilometre intervals or less;

(c) the serial numbers that have been stamped on the monuments;

(d) a book of reference, if the plan deals with more than one parcel, near the title, listing in progressive order the legal description of all parcels crossed by the right of way and the total area of right of way within each parcel;

(e) the plan title placed at the right hand end of the plan indicating the locality and land district in which the right of way is located;

(f) if a timber licence has a licence number and a district lot number and no survey has been completed under the Land Act in respect of the land covered by the timber licence, both the licence number and district lot number must be shown with equal prominence on the plan;

(g) if a survey under the Land Act was carried out in respect of land covered by a timber licence, only the district lot number must be shown;

(h) surveyed and unsurveyed forest service roads should be included within the right of way and labelled surveyed or unsurveyed forest service road as appropriate;

(i) if a right of way is divided by a road, the plan must show ties across the road in fine broken lines and must provide a mathematical link across the road;

(j) if private lands are dealt with and the natural boundary differs from the title boundary, the surveyor must proceed under section 118 (1) of the Land Title Act.

[am. B.C. Reg. 6/2004, s. 23.]

 General right of way plans crossing both Crown and private land

71  (1)  If a right of way crosses both Crown land and private land, a separate plan must be prepared in respect of the part of the right of way that crosses Crown land.

(2)  All plans over Crown land must be submitted to the Surveyor General and must include the following:

(a) appropriate fees;

(b) cover letter explaining any deviation from the general survey instructions;

(c) two preliminary prints;

(d) final submission of eight paper prints, one original mylar and one duplicate mylar;

(e) Repealed. [B.C. Reg. 6/2004, s. 24 (b).]

(f) the following notation:

I hereby certify that this is the Official Plan of the right of way shown outlined hereon.

................................................................................
Surveyor General
Victoria, B.C. ..................................[Date]

placed in the bottom right-hand corner of the plan.

[am. B.C. Reg. 6/2004, s. 24.]

Part 7 - Highway and Railway Surveys

Division 1 - General

 Definitions

72  In this Part:

"district highways manager" means a District Highways Manager of the Ministry of Transportation;

"highway" means a highway as defined in the Highway Act or a forest service road as defined in the Forest Act;

"railway" means a railway within the meaning of the Railway Act and includes

(a) a railway established under an enactment of another jurisdiction that provides for a railway in British Columbia, and

(b) a railway right of way;

"road" means a surveyed or unsurveyed public road which is not under survey.

 Instructions for railway surveys

73  Before commencing a railway survey that crosses Crown land, the surveyor must obtain parcel designations from the Surveyor General.

[am. B.C. Reg. 6/2004, s. 25.]

Division 2 - Rules for Survey

 Widenings

74  (1)  Widenings of highways or railways on Crown land must, if practicable, be bounded by a series of straight lines.

(2)  Widenings of highways or railways on land other than Crown land must be surveyed to conform as closely as practicable to the boundaries shown on the design plans or as described in instructions provided by the appropriate authority.

(3)  Construction widths or other conditions that differ from those provided on the plans or described in the instructions must be reported to the appropriate authority, and that authority must provide further instructions.

 Substitution of curves

75  The use of the spiral-circular-spiral curve used in highway or railway construction must be replaced by one circular curve of a radius which will reduce the displacement of the centreline of the constructed road or railway from the centreline of the highway or railway under survey to a minimum, or terminal curves must be used in place of the spiral curves.

 Establishing boundaries

76  The boundaries of a highway or railway should be surveyed symmetrically with the centre line of the constructed highway or railway.

Division 3 - Ties

 Intersecting surveyed boundaries

77  (1)  A highway or railway under survey that crosses a boundary of a surveyed parcel of land or a surveyed road or right of way must be tied, by bearing and distance, to at least one monument of the existing boundary on each side of the highway or railway.

(2)  If subsection (1) cannot be complied with, other ties must be made to determine the true position of the intersected boundary.

 Timber licence boundaries

78  Timber licence boundaries must be surveyed in accordance with section 56.

 Crossing of water features

79  Ties to water features must be in accordance with sections 57 and 58.

 Crossing mineral claims

80  (1)  A highway or railway under survey that crosses a mineral claim in respect of which a Crown grant of the surface has been made must be tied in accordance with section 77.

(2)  A highway or railway under survey that crosses an isolated mineral claim in respect of which a Crown grant of the surface has not been made, and that has been surveyed, must be tied to 2 monuments of that survey or of another survey to which the mineral claim has been tied and intersections with all boundaries of the mineral claim must be calculated and indicated on the plan using the dimensions on the existing survey.

(3)  A highway or railway under survey that crosses 2 or more mineral claims in respect of which a Crown grant of the surface has not been made, which have been surveyed and which are contiguous to one another, must be tied to any 2 monuments of the surveys of these mineral claims, and intersections with all boundaries of the mineral claims must be calculated and indicated on the plan using the dimensions on the existing survey.

(4)  If a highway or railway under survey referred to in subsection (3) exceeds 1.5 km in length over those mineral claims, there must be one tie in accordance with subsection (3) every 1.5 km.

(5)  The area of a highway or railway under survey crossing a mineral claim must be shown on the plan.

 Crossing unsurveyed roads

81  If the highway or railway under survey and an unsurveyed road both cross the same surveyed lands and plans of those lands have been deposited in a land title office, the first course from a junction of the road that joins the highway or railway must be tied.

Division 4 - Monumentation

 Monumentation systems

82  (1)  Subject to subsection (2), the boundary system described in section 83 must be used in all highway or railway surveys.

(2)  If it is impracticable to use the boundary system, the centre line system described in section 84 may be used, with the prior approval of the Surveyor General.

 Boundary system

83  (1)  Type 4 posts must be set on one side of the highway or railway under survey

(a) at points of curve,

(b) at points of deflection,

(c) at intermediate points on tangent, so that the distance between the posts is no greater than 1 km, and

(d) at points of intersection with boundaries of

(i)  a district lot other than mineral claims,

(ii)  a section,

(iii)  a block, and

(iv)  a mineral claim if the surface rights have been Crown granted,

and must be the main monumentation of the boundary system of monumentation.

(2)  Type 5 posts must be set

(a) on the side of the highway or railway under survey opposite the side posted with the main monumentation, and

(b) on both sides of the highway or railway under survey at intersections

(i)  with any type of surveyed boundary not referred to in subsection (1) (d), and

(ii)  with unsurveyed described boundaries.

 Centre line system

84  (1)  Type 4 posts must be set

(a) at centre line points of intersection, or at points witnessing centre line points of intersection on subtangents or subtangents produced,

(b) at intermediate points on the boundary of the highway or railway under survey, if any tangent exceeds 1 km in length, and

(c) at points of intersection between one highway or railway boundary and boundaries of

(i)  a district lot other than mineral claims,

(ii)  a section,

(iii)  a block, and

(iv)  a mineral claim if the surface rights have been Crown granted,

and must be the main monumentation of the centre line system of monumentation.

(2)  Type 4 posts required by this section must not be set

(a) on the shoulder of the highway or railway under survey,

(b) in ditches adjacent to the highway or railway under survey, or

(c) in any place where they may be disturbed by highway or railway maintenance equipment.

(3)  Type 5 posts must be set on the boundary of the highway or railway under survey

(a) at all points of curve and deflection,

(b) on the side of the highway or railway under survey opposite the side posted with the main monumentation at intersections with the boundaries referred to in subsection (1) (c), and

(c) on both sides of the highway or railway under survey at intersections

(i)  with any type of surveyed boundary not referred to in subsection (1) (c), and

(ii)  with unsurveyed described boundaries.

 Monument substitutions

85  In the boundary system and in the centre line system

(a) type 1 or 2 posts must be substituted for type 4 posts so as to give an average density of one type 1 or 2 post every 2 km, and

(b) type 5 posts may be substituted for type 1, 2 or 4 posts so as to reduce the average density of type 1, 2 or 4 posts to 5 per kilometre.

 Intersection with superseded boundaries

86  Points of intersection of the highway or railway under survey with district lot, section and block boundaries that are no longer parcel boundaries need not be posted but must be indicated on the plan without dimensions.

 Mineral claim and 2 post claim boundaries

87  (1)  If a tie has been made under section 80 (2), (3) or (4), the boundary of the mineral claims or 2 post claims must be posted where the highway or railway enters and exits the claims.

(2)  On application, the Surveyor General may permit modified posting.

 Offset monuments

88  (1)  If, due to interference by fences and other structures, posting under this Division is impracticable, posts must be offset toward the centre of the highway or railway.

(2)  If practicable, posts that are offset must be set

(a) at a point on the production of an intersecting boundary,

(b) on the radial line at a point of curve, or

(c) on the bisector of an angle at a deflection point.

 Replacement of posts at district lot or section corners

89  (1)  If, in the course of a survey, a district lot corner, section corner, centre post or quarter post is tied to, and is not found monumented with, a post of type 1, 2 or 4 or an old style Dominion iron post, it must be replaced with a post of type 1, 2 or 4.

(2)  If no evidence of an original district lot corner, section corner, centre post or quarter post is found, the position of the original post must be reestablished from other evidence in accordance with the Land Survey Act and posted with a post of type 1, 2 or 4.

 Railway Belt and the Peace River Block

90  If a highway or railway under survey crosses land in the Railway Belt or the Peace River Block, the survey must be conducted in accordance with section 68.

[am. B.C. Reg. 6/2004, s. 26.]

 Monument markings

91  (1)  Monuments must be marked with the designation of lands adjoining the highway or railway.

(2)  Posts of types 1, 2 and 4 that are not sited to mark intersections with the boundaries of a district lot, section or block must be serially numbered.

(3)  If posts are set to mark changes in direction of highway or railway boundaries, the abbreviations in subsection (5) must be used.

(4)  If a railway under survey over Crown land has been given a district lot number or a block designation, posts must be marked accordingly.

(5)  In marking post caps, the following abbreviations apply:

(a) "PC" means the point of curve;

(b) "POT" means the point on tangent, subtangent or subtangent produced;

(c) "PI" means point of intersection;

(d) "R" means the highway under survey;

(e) "RR" means the railway under survey.

Division 5 - Block Outline Method

 Application

92  This Division applies only to the survey of a highway as defined in section 72.

 Block outline survey

93  If future construction renders a fully posted survey impractical, the highway under survey must be referenced by monuments before construction and then posted after construction has been completed in accordance with section 69 of the Land Title Act.

 Control traverse

94  (1)  A control traverse must be established in a suitable location, to be determined by the land surveyor, and must be referenced by monuments of type 1, 2 or 4.

(2)  The control traverse plan must be submitted to the Surveyor General for deposit into the Crown Land Registry.

 Ties

95  All ties, as required by section 77, and replacement of corners, as required by section 89, must be carried out, but the posting of the boundaries of the highway under survey must not be carried out until all construction has been completed.

 Posting concession

96  (1)  Plans defining the highway required must be prepared and submitted to the Surveyor General for approval.

(2)  Block outline surveys need not comply with sections 82 to 85 inclusive.

[am. B.C. Reg. 6/2004, s. 27.]

 Guarantee to post

97  At the time of submission of block outline plans to the Surveyor General for approval, the ministry submitting the plan will be required to submit a letter from the land surveyor stating that he or she will guarantee completion of posting in accordance with the terms of the order.

 Final posting

98  (1)  After construction has been completed, final posting as required by Division 4 of this Part must be carried out.

(2)  The Surveyor General may grant an extension of time in which to complete the posting.

 Monument density

99  Monuments of type 1, 2 or 4, set to reference the control traverse, may be included in the average density calculations for substitution purposes, as outlined in sections 83, 84 and 85, providing those monuments remain undisturbed.

Division 6 - Highway and Railway Plans

 Additional highway and railway plan requirements

100  A plan of a highway or railway must contain the following information in addition to that required by Part 3:

(a) the width of the highway or railway at frequent intervals;

(b) the values of convergence from the origin to points on the plan at 8 kilometre intervals or less;

(c) the serial numbers that have been stamped on the monuments;

(d) a book of reference, if the plan deals with more than one parcel, near the title, listing in progressive order the legal description of all parcels crossed by the highway or railway and the total area of highway or railway within each parcel;

(e) the plan title placed at the right hand end of the plan indicating the location and land district in which the highway or railway is located;

(f) both Crown and private land may be dealt with on a plan of a highway survey, however, separate plans are required for railway surveys;

(g) if a timber licence has a licence number and a district lot number and no survey has been completed under the Land Act in respect of the land covered by the timber licence, both the licence number and district lot number must be shown with equal prominence on the plan;

(h) if a survey under the Land Act was carried out in respect of land covered by a timber licence, only the district lot number must be shown;

(i) the Surveyor General should be contacted regarding appropriate notations for highway plans over Crown land;

(j) (i) the following notation is required for railway and highway plans over titled or untitled Crown land:

Official Plan

CONFIRMED UNDER SECTION 72

Land Act

_____________________________

Surveyor General

Victoria, B.C.___________________

(ii)  the following notation is also required for railway plans:

I hereby certify that this is the Official Plan of

................................................................................

............................ [Designations]...........................

................................................................................
shown outlined hereon.

................................................................................
Surveyor General

Victoria, B.C....................................... [Date]

[am. B.C. Reg. 6/2004, s. 28.]

 Existing roads through surveyed lands (highway plans)

101  If a highway under survey and an unsurveyed road both cross the same surveyed lands, and plans of those lands have been deposited in a land title office, the highway plan must show

(a) without dimensions, that part of the road contained in whole or in part within the highway boundaries,

(b) without dimensions, the first course from a junction of the road that joins the highway, and

(c) on the face of the plan, the area of existing roads made public by section 4 of the Highway Act or by notice in the Gazette, the area of the new road being acquired and the total area of the road within the highway boundaries.

[am. B.C. Reg. 6/2004, s. 29.]

 Existing roads through Crown lands (highway plans)

102  If the highway under survey and an unsurveyed road both cross unsurveyed lands or Crown lands of the district lot, section or sub-lot category, the plans of which have not been deposited in a land title office, the plan of the highway under survey must show

(a) by dotted lines, the travelled surface of the road departing from the highway, and

(b) no part of the road contained within the highway boundaries.

 Crossing roads and highways (railway plans)

103  (1)  Public roads must be excluded from a railway and, if unsurveyed, the width to be excluded must be

(a) in the case of a road established by notice in the Gazette, the width stated in the notice,

(b) in the case of a road established under section 4 of the Highway Act the travelled width,

(c) in the case of a road established under section 80 of the Land Act, the width shown on the plan which established the road, and

(d) in the case of a road or trail referred to in section 27 (b) of the Land Act, the width required by section 13 or 57 of the Land Act or, if section 13 or 57 does not apply, the travelled width.

(2)  If a railway over Crown land crosses an unsurveyed travelled road, other than a public road, the road must be shown on the plan as part of the right of way without reference to its width.

 Railway plans on Crown land

104  A railway survey crossing Crown land must be registered in accordance with the Land Title Act.

Part 8 - Surveys of Land in the Esquimalt and
Nanaimo Railway Grant

Division 1 - General

 Definition

105  In this Part, "Act" means the Land Title Act.

 Application

106  This Part applies to the conduct of surveys and the preparation of explanatory plans under section 70 of the Act.

 Approval of proposal

107  A surveyor must apply to the Surveyor General for approval of the proposed method of preparation of plans that are referred to in section 70 (1) and (2) of the Act.

 Supporting data for applications

108  (1)  The applications referred to in section 70 (1) and (2) of the Act must be accompanied by all of the following:

(a) a paper print of a cut sheet of an appropriate part of a map of the area bearing the number of the map from which it is taken;

(b) a print of the plan of each of the surveyed blocks that surround the area dealt with in the proposed plan;

(c) if the perimeter of the area dealt with by the survey is completely dimensioned, a traverse sheet or computer output sheet showing complete data of boundary courses as they appear on previously deposited plans, and the error of closure;

(d) a statement indicating ownership of surveyed and unsurveyed surrounding blocks.

(2)  The block that is to be surveyed must be outlined on the print of the cut sheet in heavy outline along previously surveyed lines and by a different line along the new boundary, and the area outlined must be the same as the area shown on the plan attached to the agreement between the Esquimalt and Nanaimo Railway Company and the purchaser.

 Plans under section 70 (1) of the Act

109  Approval of applications of plans prepared under section 70 (1) of the Act is unconditional.

 Section 70 (2) plans

110  (1)  Subject to subsection (2), the approval according to section 70 (2) of the Act is conditional on obtaining a closure with a limit of error not exceeding 1:2 500 ± 2 cm, after the unsurveyed boundaries of the area are run or traversed.

(2)  The Surveyor General may, in special circumstances, permit an error of closure that does not comply with subsection (1).

 Bearings

111  (1)  Adjustment of bearings must not be made unless the course being adjusted has been tied on the ground.

(2)  Bearings of successive boundaries of a block must not be adjusted on the basis of a tie to only one course.

(3)  An explanation must be given to the Surveyor General when any adjustment to bearings has been made.

 Deviations in boundaries

112  Deviations between a boundary set out in an application approved by the Surveyor General and the same boundary as it has been surveyed under section 70 (2) of the Act must be reported to the Surveyor General when the completed plan is submitted for approval under section 70 (3) of the Act.

Division 2 - Block Outline Surveys of Land in the Esquimalt
and Nanaimo Railway Grant

 Application and interpretation

113  This Division applies to block outline surveys of land in the Esquimalt and Nanaimo Railway Grant.

 Application for block outline survey

114  An application under section 69 (1) of the Act must be accompanied by all of the following:

(a) 2 paper prints of the proposed survey;

(b) a proposal of the plan of posting and the method of survey;

(c) a statement indicating ownership of the surrounding blocks;

(d) a statement indicating whether it will be a complete survey or a survey made under section 70 (2) of the Act.

 Monumentation references

115  A corner that cannot be marked by a post of type 3, 4 or 5 must be witnessed by a post of type 1 or 2.

 Intervisibility

116  (1)  A witness post must be set so that

(a) it is intervisible with at least one other witness post, control monument or provincial triangulation station,

(b) intervisibility is unlikely to be impaired by new timber growth, and

(c) if practicable, it will not be subject to disturbance by logging operations.

(2)  If maintenance of intervisibility may be disrupted by timber growth, additional posts must be set to achieve compliance with subsection (1) and to allow for future bearing derivation.

 References to witness posts

117  A witness post must, if possible, be referenced by at least 3 bearing trees and a cairn.

 Coordinate system

118  Every witness post and every corner being surveyed must be coordinated on a rectangular coordinate system and the plan must include the coordinates of no fewer than 2 corners of an adjoining previous survey.

 Geo-referencing

119  The survey must be geo-referenced to geodetic control monuments in the vicinity or to active control point(s) to the accuracy stated in section 22 (2).

[am. B.C. Reg. 6/2004, s. 30.]

 Density of monumentation

120  (1)  A post that witnesses a corner must not be set more than 400 m from that corner and a post or pairs of posts must not witness more than 3 corners.

(2)  Witness posts must be clearly marked with the letters "Wt" and a serial number that must be shown on the plan.

 Boundaries

121  Boundaries of the block being surveyed under the block outline method need not be run nor blazed.

Division 3 - Plan Notations for Surveys of Land in the Esquimalt
and Nanaimo Railway Grant

 Notations

122  (1)  If a plan is prepared of an unsurveyed area designated as a block in an original grant from the E & N Railway Company under section 70 (1) and (2) of the Act, it must contain the following notation:

Survey Method Approved

................................................................................
Surveyor General

Victoria, B.C. ..................................[Date]

(2)  If a block outline survey has been consented to of an unsurveyed area designated as a block in an original grant from the E & N Railway Company under section 70 (2) of the Act, it must contain the following notation:

The monumentation on this survey is approved pursuant to the authority of section 69 (1) and (2) of the Land Title Act.

................................................................................
Surveyor General

Victoria, B.C. .................................[Date]

(3)  Plans prepared under section 70 (2) of the Act must contain a note indicating the boundaries to which the surveyor's certificate, in the form prescribed under the Act, applies.

Part 9 - Surveys under the Land Act

Division 1 - General

 Definitions

123  In this Part:

"Act" means the Land Act;

"instructions" means the instructions issued by the Surveyor General under section 72 (1) of the Act;

"ministry" means the ministry responsible for administering the Act.

 Instructions from Surveyor General

124  (1)  Before beginning a survey under the Act, the surveyor must obtain parcel designations from the Surveyor General.

(2)  Instructions may be issued by the Surveyor General for complex projects.

(3)  Unless an exemption is given by the Surveyor General, each survey under the Act must comply with this Part.

[am. B.C. Reg. 6/2004, s. 31.]

Division 2 - System of Survey

 Parcel structure

125  (1)  Repealed. [B.C. Reg. 6/2004, s. 32.]

(2)  Subject to subsection (3), if the Canada Lands Township System is used, the third or fourth system as set out in the current Manual of Instructions for the Survey of Canada Lands, published by the Queen's Printer (Canada), must be used as directed by the Surveyor General.

(3)  If the third system referred to in subsection (2) is used, road allowances must be 25 m in width.

[am. B.C. Reg. 6/2004, s. 32.]

 Rights of way adopted as boundaries

126  A surveyed right of way boundary may, at the discretion of the Surveyor General, be adopted as the boundary of a lot or block.

 Lakes and rivers

127  (1)  Natural boundaries of rivers that are not readily fordable at ordinary stages of water and that have well defined and visible permanent channels will normally be adopted as part of the perimeter boundary of a district lot or block of a lot.

(2)  If a lake lies across a boundary which, but for the lake, would have been a straight line boundary, the natural boundary of the lake must be adopted as the perimeter boundary of the district lot or block of a lot or section.

(3)  The area of any river, stream, lake or other body of water, other than a small watercourse or pond of a temporary or seasonal nature not having a natural boundary, is to be excluded from the area of the disposition, but form part of the parcel.

 Small holdings

128  (1)  Small holdings fronting on a road or body of water may be surveyed on a modified district lot system and, if practicable, the sidelines must be parallel to each other and perpendicular to the general trend of the road or body of water onto which the small holding fronts.

(2)  Public access to bodies of water must be provided in suitable locations at intervals of not more than 1.2 km.

(3)  Public access to lands lying beyond the small holdings under survey must be provided in suitable locations at intervals of not more than 600 m.

(4)  Road allowances must be shown on the plan and designated as "Road".

(5)  If small holdings are being created, the depth should be controlled by an established or developing pattern so as to eliminate unnecessary jogs or bends in the back line.

 Foreshore lots

129  (1)  Lands lying below the natural boundary of a body of water must be surveyed as directed by the Surveyor General.

(2)  Sidelines of foreshore lots must, if practicable, be laid out at right angles to the general trend of the natural boundary.

(3)  Foreshore lots must be surveyed so as not to encroach on the foreshore fronting adjoining upland parcels.

(4)  The waterward boundary must be a straight line, or a series of straight lines, connecting the outer ends of side boundaries.

(5)  If the foreshore lot is located adjacent to a narrow channel, its waterward boundary must not extend into the navigable part of the channel.

(6)  If all boundaries of a foreshore lot are below the natural boundary, they must be straight line boundaries with appropriate directions and lengths.

(7)  When surveying a parcel covering filled foreshore, the waterward boundary must be labelled "limit of fill" or using another appropriate notation approved by the Surveyor General.

(8)  The limit of fill referred to in subsection (7) must be surveyed as a series of straight lines along the edge of the fill and must be fully monumented.

[am. B.C. Reg. 6/2004, s. 33.]

Division 3 - Rules for Survey

 Responsibility of surveyor

130  Surveys must be carried out under the personal on-site supervision of the surveyor signing the plan who must ensure that the spirit and intent of the Act is reflected in the survey.

 Conflicting interests

131  (1)  If, due to the existence of application posts, there is insufficient land to survey full size lots for all applicants, the surveyor must seek direction from the Surveyor General, and include in the request for direction the following information:

(a) the dates of notices attached to the posts;

(b) the location of the application posts;

(c) the intention of the applicants, if it can be ascertained.

(2)  Repealed. [B.C. Reg. 6/2004, s. 34 (b).]

[am. B.C. Reg. 6/2004, s. 34.]

 Running of boundaries

132  (1)  Boundary lines of all surveys should be cut and cleared of debris to a width of approximately one metre and blazed in accordance with section 133.

(2)  If topography or other field conditions make cutting and clearing the true boundary line impracticable, then a traverse line may be run but the true boundary line must still be blazed.

(3)  Although it is highly desirable to clear and blaze all boundary lines there are circumstances where, due to environmental or aesthetic reasons, these lines may not be run, cut or blazed.

(4)  If the surveyor considers it inappropriate to clear and blaze certain boundary lines, the surveyor must seek direction from the Surveyor General.

[am. B.C. Reg. 6/2004, s. 35.]

 Boundary lines through timber

133  (1)  Trees within 2 m of a boundary must be blazed with 2 readily distinguishable marks which quarter toward the boundary.

(2)  Trees located on the boundary line must be blazed with 3 notches on each side of the tree in the direction of the boundary, and the size and type of all boundary line trees and their distance from the last post to the centre of the tree must be recorded.

 Common boundaries

134  (1)  Subject to subsection (2), if an existing surveyed boundary coincides with all or part of a boundary of the lot being surveyed, the existing boundary must be retraced between the nearest undisputed posts and new posts must, where required, be set on the boundary.

(2)  If there is no on-site evidence of gross error in the existing survey and the adjoining land is Crown land, the Surveyor General may, on application, allow new posts to be set on existing lines without retracement if

(a) the azimuth of the survey being conducted is derived from the existing survey and the new post is to be set at not more than one-quarter of the total distance along the boundary, or

(b) the survey being conducted and the survey which created the existing boundary are both on the azimuth of the local meridian and the new post is to be set at not more than one-eighth of the total distance along the boundary.

 Geo-referencing

135  (1)  Surveys that are located outside of integrated survey areas must

(a) be geo-referenced by autonomous GPS or superior positioning methods,

(b) have a type 1, 2 or 4 post set as near as practicable to a prominent topographical or structural feature shown on a published 1:20 000 or larger scale provincial map, or

(c) be tied to the nearest existing cadastral survey.

(2)  If a post is set as in subsection (1) (b), it must be stamped as a reference to the lot being surveyed.

(3)  The post must be

(a) referenced with bearing trees or a cairn and tied to the feature, and

(b) tied to the survey according to the survey accuracy standards required under section 17.

Division 4 - Monumentation

 Boundary posting and centre posts

136  (1)  If a new district lot boundary exceeds 1 200 m in length, posts must be set on the boundary line at intervals not exceeding 800 m.

(2)  For the purposes of subsection (1), it is preferable to set the intermediate post as near as possible to the midpoint.

(3)  If the boundary of a new lot is jogged, the posts referred to in subsection (1) should be set so that the posts on opposite boundaries will be parallel to the outer boundaries.

 Corner posts

137  (1)  Posts of type 1, 2 or 4 must be used at all corners except in cases where posts of type 3 or 5 are permitted by this Division.

(2)  If 3 or more small holdings have a straight line common boundary, posts of types 3 and 5 may be used to mark the corners, and posts of type 1, 2 or 4 must be used to mark the extremities.

(3)  If the common boundary over these small holdings is greater than 400 m, posts of type 1, 2 or 4 must be substituted for posts of type 3 or 5 to mark a corner at intervals of not more than 400 m.

(4)  If 2 or more smallholdings front on a body of water, a post of type 1, 2 or 4 must be used on one waterfront corner of each smallholding, and posts of type 3 or 5 may be used on other corners.

(5)  A single smallholding must be posted at opposite ends of one side boundary with posts of type 1, 2 or 4, and may be posted with posts of type 3 or 5 at other corners.

(6)  If a boundary consists of a series of short lines, corners may be posted with type 5 posts with substitute monuments of type 1, 2 or 4 at intervals of 500 metres or less.

[am. B.C. Reg. 6/2004, s. 36.]

 Intersection with conventional boundaries

138  Except in a case referred to in section 137 (3), (4) and (5), the intersection of a side boundary of a parcel with a conventional boundary must be posted with a post of type 1, 2 or 4, and the deflection points along a conventional boundary must be posted with posts of type 3 or 5.

 Foreshore lots

139  (1)  Posts marking the boundaries of a foreshore lot must be considered to be witness posts unless set on a true corner and must be type 1, 2 or 4.

(2)  Posts set to range the sideline of a foreshore lot are required and may be of type 3 or 5 unless marking the corner of a foreshore lot.

 Intersection with rights of way

140  Intersections of boundaries of the parcel under survey with boundaries of surveyed rights of way must be posted in the same manner (one boundary or both boundaries) as the intersected right of way is posted, except that if the right of way boundary is also a boundary of the parcel under survey, posts of type 1, 2 or 4 must be used.

[am. B.C. Reg. 6/2004, s. 37.]

 Unsurveyed roads within parcel under survey

141  (1)  The boundaries of unsurveyed roads which are to be excluded from the parcel under survey must be posted at points of deflection, points of curvature and where they intersect a boundary of the parcel under survey, unless otherwise allowed by the Surveyor General.

(2)  Roads, if posted, must be posted at the width specified by the Surveyor General, with widenings if necessary to contain additional cuts and fills.

[am. B.C. Reg. 6/2004, s. 38.]

 Surveyed roads within parcel under survey

142  (1)  The boundaries of surveyed roads located within the parcel under survey must be posted with posts of type 3 or 5 where they intersect a boundary of the parcel under survey, but if the road boundary is also a boundary of the parcel under survey, posts of type 1, 2 or 4 must be used.

(2)  If widenings to a surveyed road are necessary, the boundaries of the widenings must be posted at points of deflection, points of curvature and where they intersect a boundary of the surveyed road or a boundary of the parcel under survey.

 Blocks over multiple district lots, sections or quarter section/lots

143  If a block under survey lies within more than one surveyed district lot or section, or aliquot parts of either, or over a combination of these, the intersections of the boundaries of the parcel under survey with the existing surveyed boundaries must be posted with posts of type 1, 2 or 4 in order that the corners of the remainders of the previously surveyed parcels are defined on the ground.

 Unsuitable sites for posting

144  (1)  If it is impossible or inadvisable to place a post at the true corner of a parcel, one witness post of the type which would be required at the true corner must be planted at the nearest suitable location on a boundary of the parcel or production thereof.

(2)  Subject to section 139 (1), if a witness post described in subsection (1) cannot be placed within 20 m of the true corner, posts of the type which would be required at the true corner must be set on each boundary radiating from the witnessed corner and, in this case, the surveyor must not mark either post as a witness post.

(3)  Posts set on the boundary of a district lot a short distance above a natural boundary are considered to be line posts.

 Requirements of posting

145  (1)  If a parcel under survey has jogs in one or more boundaries, the posts must be consecutively numbered from "1" upwards for the purpose of identifying corners which cannot be described by cardinal directions.

(2)  If an existing post of an adjacent survey is part of the new survey, the new lot or block designation and appropriate lines must be added to the markings on the existing post.

(3)  If, in the course of a survey, a district lot corner, section corner, centre post or quarter post is tied to, and is not found monumented with, a post of type 1, 2 or 4, or an old style Dominion iron post, it must be replaced with a post of type 1, 2 or 4.

 Reference to bearing trees

146  The position of every post of type 1, 2 or 4 must, if possible, be referenced by at least 3 bearing trees.

 Cairns

147  If bearing trees are not available, and if practicable, a cairn must be built to reference the position of all posts of type 1, 2 or 4 set on lots having an area of 15 ha or greater.

[am. B.C. Reg. 6/2004, s. 39.]

Division 5 - Land Act Plans

 Plan Title

148  A Land Act plan must contain a plan title similar in form to the following:

"Survey Plan of [District Lot or Block] ............., ......................... District"

[am. B.C. Reg. 6/2004, s. 40.]

 Additional plan requirements

149  Land Act plans must contain the following information or details in addition to that required by Part 3:

(a)(i)SURVEY PLAN OF BLOCK A AND ROAD, DISTRICT LOT 100, CASSIAR DISTRICT
Area of Road = X
Area of Bk A = Y

Total Area of DL 100 = Z (= X + Y)
Note: District Lot 100 under survey
(ii)SURVEY PLAN OF BLOCK A AND ROAD, DISTRICT LOT 100, CASSIAR DISTRICT
Area of Road = A
Area of Bk A = B
Area of Waterbody = C

Total Area of DL 100 = Z (= A + B + C)
Note: Waterbody is part of the district lot, but not part of Block A. District Lot 100 under survey.
(iii)SURVEY PLAN OF DISTRICT LOT 100, YALE DIVISION OF YALE DISTRICT
Area of Bk A (above)
Present Natural Boundary = X
Area of Waterbody = Y

Total Area of DL 100=Z (= X + Y)
Note: District Lot 100 under survey.
(iv)SURVEY PLAN OF BLOCKS A to E AND ROAD, DISTRICT
LOT 100, CASSIAR DISTRICT
Area of Bk A = A
Area of Bk B = B
Area of Bk C = C
Area of Bk D = D
Area of Bk E = E
Area of Road = F
Area of Waterbody = G

Total Area of DL 100 = H (= the sum of A to G)
Note: Waterbody is part of the district lot, but not part of the blocks. District Lot 100 under survey.
(v)SURVEY PLAN OF BLOCK A, DISTRICT LOT 100, YALE DIVISION OF YALE DISTRICT
Area of Bk A (above present natural boundary) = X
Note: An expression of the area for the creek running through Block A is not required.In this example, District
Lot 100 already exists.
(vi)SURVEY PLAN OF DISTRICT LOT 200, AND BLOCK A OF DISTRICT LOTS 100 AND 200, YALE DIVISION OF YALE DISTRICT
Area of Bk A (above PNB) in DL 100=X
Area of Road in DL 100=Y
Area of Bk A (above PNB) in DL 200=A
Area of Road in DL 200=B
Area of Waterbody in DL 200=C
Total Area of DL 200=D (being A+B+C)
Total Area of Bk A (above PNB)=E (being X+A)
Note: PNB means present natural boundaryIn this example, District Lot 100 exists. Block A and District Lot 200 are being created
Note: Waterbody is part of district lots and not part of the block.

(b) the following notation must be placed in the lower right hand corner of the plan:

Official Plan

CONFIRMED UNDER SECTION 72

Land Act

____________________________________

Surveyor General

Victoria, B.C. ..........................................

(c) notation as follows for posting plans of Crown land:

The survey represented by this plan was carried out for the Ministry of Sustainable Resource Management.

................................................................................
Surveyor General

Victoria, B.C. ..................................................[Date]

(d) if appropriate, a note providing details of any boundaries not cut and cleared.

[am. B.C. Reg. 6/2004, s. 41.]

Specimen Plans 1 and 2

Exempt from publication.
These plans may be seen at the offices of the
Surveyor General, 3400 Davidson Avenue, Victoria, B.C. V8V 1X4
or at the Surveyor General's website

Part 10 - Surveys under the Land Title Act

Division 1 - Surveys

 Application

150  This Part applies to all surveys made under the Land Title Act.

 Survey of boundaries

151  (1)  The survey of the parcel created must be closed about its outer limits.

(2)  The surveyor must retrace the boundaries of the parcel being subdivided as is necessary to show the actual position of the parcels being created with respect to those boundaries.

(3)  If evidence of the boundaries has been lost, the surveyor must reestablish the position of those boundaries in accordance with principles set out in the Land Survey Act.

 Errors in original boundaries

152  If a serious discrepancy or error affecting the original boundaries shown in the Crown grant of the land being surveyed is found, the surveyor must report it to the Surveyor General.

 Railway land grant surveys

153  If a transfer of railway land is to be designated as a "block" under sections 61 and 70 of the Land Title Act, Part 8 of this regulation also applies.

 Block designation

154  If, under section 67 (n) of the Land Title Act, new parcels are grouped into blocks of lots, the blocks may be designated by one series of distinguishing numbers or letters and the lot numbers or letters in a block may comprise an independent series for that block.

Division 2 - Monumentation

 Corner posts

155  (1)  Posts of type 1, 2, 3, 4 or 5 must be used at all corners.

(2)  If an angle or corner of a parcel under survey is marked by a wooden post that was set during an earlier survey, that post must be replaced or witnessed with a post of type 1, 2, 3, 4 or 5.

(3)  Except in the case of a posting plan, if boundaries of a parcel exceed 1 200 m in length, posts must be set at intervals not exceeding 800 m.

(4)  Type 5 or better post must be set at the intersection of surveyed boundaries, except as outlined in section 156.

[am. B.C. Reg. 6/2004, s. 42.]

 Intersections with rights of way or easements

156  If a new parcel under survey has an area of 1 ha or less and the new parcel boundary intersects a right of way, easement or covenant area where

(a) there is a charge on the title to the parcel under survey, or

(b) the registrar believes that there is a reasonable expectation of a charge being placed on title to the parcel under survey or on the titles of newly created parcel(s),

if the width of the right of way, easement or covenant is

(c) less than 6.5 m, no posts need be set at the intersections with the new parcel; however, the distance to the nearest corner along the property line must be shown, or

(d) 6.5 m or more, type 1, 2, 3, 4, or 5 posts must be set at the intersections with the new parcel.

[am. B.C. Reg. 6/2004, s. 43.]

 Witness posts

157  If necessary, a surveyor may set posts on offsets from a corner.

[en. B.C. Reg. 6/2004, s. 44.]

 District lot or section corners

158  If, in the course of a survey, a district lot corner, section corner, centre post or quarter post is tied to, and is not found monumented with, a post of type 1, 2 or 4 or an old style Dominion iron post, it must be replaced with a post of type 1, 2 or 4.

 Witness district lot or section corners

159  If a district lot corner, section corner, centre post or quarter post is situated within a road, it must be witnessed by a post of type 1, 2 or 4 set in a suitable position.

 References to corner posts

160  (1)  Cairns, stone mounds or at least 3 bearing trees, when available, must be used to reference monuments

(a) at a district lot corner, section corner, centre post or quarter post that is tied to or reset in the course of a survey, and

(b) at the corners of a lot having an area of 4 ha or greater.

(2)  Subsection (1) does not apply in urban areas if it is impractical.

Division 3 - Additional Land Title Act Plan Requirements

 Title

161  A Land Title Act plan must bear a plan title indicating clearly and concisely the purpose of the plan and the legal description, including the registered plan number, if there is one, of the parcel or parcels being dealt with.

[am. B.C. Reg. 6/2004, s. 45.]

 Owners signatures

162  On a blank space outside the plotted boundaries, a space must be provided if required for the signatures of owners as defined in the Land Title Act and for witnesses, their occupations and addresses.

 Blank space on plan

163  Plans must have a rectangle that has an area of not less than 150 cm2, preferably in the top right corner of the plan, which will contain notations required under section 164 (a) and (b) with the remaining area left blank for the use of the registrar.

[am. B.C. Reg. 6/2004, s. 46.]

 Notations on plan

164  The following notes, with modification as necessary, must be shown on plans if applicable:

(a) in the top right corner of the plan, immediately below the top margin:

Plan ........... ;

(b) in the top right corner of the plan, not less than 3 cm below the top margin:

Deposited in the Land Title Office at ................................., B.C.,
...............................[Date].

........................................................................................
Registrar

(c) in a blank space outside the plotted boundaries:

Approved pursuant to the Land Title Act ................................[Date].

..........................................................................................
[Approving Officer's Title and Jurisdiction]

(d) Repealed. [B.C. Reg 6/2004, s. 47 (a).]

(e) if relief from compliance with section 75 (1) (c) or (d) of the Land Title Act is obtained:

This plan need not comply with section 75 (1) (.......) of the

Land Title Act. Dated ...................................[Date]

...................................................................................... .
for Minister of Transportation;

(f) if a covenant in favour of the Crown, a Crown corporation or agency, a municipality or a regional district is a condition of approval:

The registered owner designated hereon declares that he/she has entered into a covenant in favour of ................................... [Name of Covenantee] under section 219 of the Land Title Act.;

(g) if an application to include accreted land has been consented to:

(i)  Certificate under the Land Title Act, section 94 (1) (c)

The unregistered land included within this plan is deemed to be lawfully accreted land adjoining Crown land.

..........................................................................
for Minister of Sustainable Resource Management

Victoria, B.C. ..................................[Date]

or in the case of a statutory right of way:

(ii)  Certificate under the Land Title Act, section 118 (1) (b)

The unregistered land adjoining Lot ............................[Complete Legal Description] is deemed to be lawfully accreted land adjoining Crown land.

...........................................................................
for Minister of Sustainable Resource Management

Victoria, B.C. ..................................[Date]

(h) if an application to adjust a natural boundary has been consented to:

(i)  Certificate under the Land Title Act, section 94 (1) (d)

The water boundary shown hereon is deemed to be the natural boundary as defined in the Land Act.

...........................................................................
for Minister of Sustainable Resource Management

Victoria, B.C. ..................................[Date]

or in the case of a statutory right of way plan:

(ii)  Certificate under the Land Title Act, section 118 (1) (a)

The water boundary of Lot ...........................................[CompleteLegal Description] shown hereon is deemed to be the natural boundary as defined in the Land Act.

...........................................................................
for Minister of Sustainable Resource Management

Victoria, B.C. ..................................[Date]

(i) if an application to include unregistered land within a subdivision plan has been consented to:

Certificate under the Land Act, section 58

The unregistered land included within this plan, which was not included in a grant from the Crown, need not be retained by the Crown.

...........................................................................
for Minister of Sustainable Resource Management

Victoria, B.C. ..................................[Date]

(j) if a public road allowance is being established over Crown land, as access to a subdivision:

Certificate under the Land Act, section 80

The public road through Crown land shown hereon is authorized under the Land Act, section 80.

...................................................................
Surveyor General

Victoria, B.C. ..................................[Date]

(k) if tentative approval has been obtained to access a subdivision by a Forest Service Road:

Road established under the Forest Act

Pursuant to section 15 (2) of B.C. Reg. 334/79, consent is given to this plan of subdivision. The giving of this consent shall not imply an obligation of the Crown in right of the Province to improve, maintain or repair the forest service road shown on this plan.

................................[Date].

.............................................................
Regional Engineering Officer, Ministry of Forests;

(l) if exemption under section 108 (3) of the Land Title Act has been granted by order in council:

Pursuant to section 108 (3) of the Land Title Act, land dealt with hereon, shown covered by water and not designated "Returned to Crown in right of the Province", is not deemed to be transferred to the Crown by virtue of an exemption, by order in council, to the action of section 108 (2) of the Land Title Act. See DF [Insert L.T.O. Filing No.]. ;

(m) for posting plans of titled Crown land:

The survey represented by this plan was carried out for the Ministry of Sustainable Resource Management.

......................................................
Surveyor General

Victoria, B.C. ..................................[Date]

(n) for plans establishing a highway over both titled land and untitled Crown land under section 9 (1) of the Ministry of Lands, Parks and Housing Act:

The public highway through Crown land shown hereon is approved and established under section 9 (1) of the Ministry of Lands, Parks and Housing Act.

..........................................................................
for Minister of Sustainable Resource Management

Victoria, B.C. ...................................[Date]

(o) for plans establishing a forest service road over both titled land and untitled Crown land under section 9 (1) of the Ministry of Lands, Parks and Housing Act:

The forest road through Crown land shown hereon is approved and established under section 9 (1) of the Ministry of Lands, Parks and Housing Act.

..........................................................................
for Minister of Sustainable Resource Management

Victoria, B.C. ....................................[Date]

(p) for explanatory plans:

This plan was completed and checked, and the checklist filed under #............, on the.......... day of.........................., ........... and is hereby certified correct in accordance with Land Title Office records.

........................................................
[Name] B.C.L.S.

(q) for subdivision, reference and explanatory plan of titled Crown land:

I hereby certify that this is the Official Plan of the lands shown outlined hereon.

................................................................................
Surveyor General

Victoria, B.C....................................... [Date]

[am. B.C. Reg. 6/2004, s. 47.]

 Block outline plans

165  (1)  Block outline plans must clearly show the mathematical relationship of the lands being surveyed and the controlling monuments.

(2)  If approval has been obtained for a block outline survey under section 69 (3) and (4) of the Land Title Act, append the following note to the subdivision or reference plan:

Pursuant to my Order dated ......................, the monumentation on this block outline survey is hereby approved.

................................................................................
Surveyor General

The conditions of the above mentioned Order are accepted:

Owner(s) ......................................................................

.................................................................

The Order of the Surveyor General dated ...................... has been filed in the Land Title Office in ......................, B.C., as number .......... .

..........................................................................
Registrar

Note: For a block outline survey of highways as defined in the Highway Act or a forest service road as defined in the Forest Act, "Ministry of" must be substituted for "Owner(s)".

(3)  On posting plans of block outline surveys, the following certificate must be appended:

Posting of Block Outline Survey is hereby approved ................................[Date].

...................................................................................
Surveyor General

(4)  For a block outline survey of highways as defined in the Highway Act or a forest service road as defined in the Forest Act, if it is necessary to deal with individual parcels using separate block outline plans instead of a single block outline plan, then

(a) a plan of a control traverse must be prepared and filed in the Office of the Surveyor General and must contain the following information:

(i)  show the relation of type 4 (or better) posts set as control monuments;

(ii)  sufficient cadastral detail to locate the traverse on the ground;

(iii)  the following note:

The monumentation of the control traverse shown on this plan is hereby approved.......................... [Date].

................................................................................
Surveyor General

(b) a reference plan must be completed for each owner defining the land to be acquired for the road, and

(c) a final posting plan must be completed in accordance with the block outline orders.

(5)  There should be a single posting plan for the length of the survey.

 Air space plans

166  Air space plans must be prepared in accordance with the Land Title Act and must, where appropriate, contain the following information in addition to the requirements of Part 3:

(a) plan view showing the relationship of the air space parcel to the boundaries of the parcel upon which it is based;

(b) in addition to a plan view of the air space parcel, an isometric view that is a three-dimensional para-line drawing in isometric format as follows:

(i)  isometric views may be shaded in a manner compatible with image scanning to further illustrate the three dimensional character;

(ii)  isometric views may be exploded to illustrate shapes or jogs that might be obscured in any particular three dimensional view, and the exploded isometric view may include

(A)  construction lines to illustrate break lines and tie points, and

(B)  point numbers or letters to identify individual points or corners;

(iii)  plan, vertical or other orientation cross sectional views may be provided to better illustrate inflections or corners which may be obscured in any particular three dimensional view; and cross sections must include

(A)  point numbers or letters to identify individual points or corners, and

(B)  geodetic elevations clearly noted;

(c) the side boundaries of the air space parcel shown, in both plan view and isometric view, as a bold outline;

(d) the bearings and dimensions of the perimeter of the air space parcel in a manner which clearly relates the plan view to the isometric view without causing confusion;

(e) a number or letter, assigned to every corner of the air space parcel, which must be shown on both the plan view and the isometric view;

(f) coordinates and elevation of each air space parcel corner and one or more of the corners of the parent parcel;

(g) dimensions of the boundaries of the air space parcel on the plan view and on the isometric view in a manner which clearly shows the size, shape and configuration of the air space parcel, and relates the plan view to the isometric view;

(h) an arrow on the plan view which shows the direction of the isometric view and it must be noted "Isometric View";

(i) a notation that the elevations are to geodetic datum and the number, description, elevation and location of the bench marks used to derive the elevations;

(j) the description, elevation and location of the local bench mark established in the immediate vicinity of the air space parcel;

(k) the elevation of the ground at one or more corners of the air space parcel;

(l) the scale of the plan view;

(m) a book of reference, when the air space plan creates more than one air space parcel, which shows the air space parcel number, the assigned numbers, or letters, for the corners which define the limits of the air space parcel, and the volume of each air space parcel in cubic metres expressed to four significant figures;

(n) for the purpose of clarification of an air space plan, the registrar may accept a machine made, mylar copy of the plan, that has planes of the isometric view shaded or stippled in varying densities;

(o) a note in the upper right hand corner "Air Space Plan........................".

Part 11 - Surveys under the Mineral Tenure Act

Division 1 - General

 Definitions

167  In this Part:

"Act" means the Mineral Tenure Act;

"records" include the record of the claim, the statement and the sketch plan of the location and notices regarding validity of title (which include notices of inclusion, reduction and abandonment) as required under the Mineral Tenure Act or its predecessor Acts;

"1 post claim", "2 post claim", "4 post claim" and "fractional mineral claim"" have the meanings given in the Mineral Tenure Act Regulation, B.C. Reg. 297/88;

"mineral title" means a claim or a lease as defined in the Mineral Tenure Act or its predecessor Acts;

"placer claim" has the meaning given in the Mineral Tenure Act.

[am. B.C. Reg. 6/2004, s. 48.]

 Instructions from the Surveyor General

168  (1)  A survey under this Part consists of the delineation on the ground of the area to which the recorded holder of a mineral title is entitled under the provisions of the Act.

(2)  This Part applies to mineral titles located on or after May 15, 1893.

(3)  On application by a surveyor to the Surveyor General parcel designations will be provided.

(3.1)  The material to be mined and the method of mining must be identified by the surveyor.

(4)  The surveyor must provide information as to the land district in which the mineral title to be surveyed is situated.

(4.1)  If, during the survey process, the recorded holder of the mineral title wishes to amend the area of interest being surveyed, all prior title locations must be demonstrated and any abandonment, inclusion or reduction documents supplied.

(5)  If, subsequent to the acceptance by the Surveyor General of a mineral title survey consisting of more than one unit, the recorded holder of the mineral title wishes to amend the perimeter boundaries in accordance with section 44 of the Act by deleting part of the land from the survey, the surveyor must request instructions from the Surveyor General.

[am. B.C. Reg. 6/2004, s. 49.]

Division 2 - System of Survey

 System of survey

169  (1)  Subject to subsections (2) and (3), one district lot number will be required for each mineral title being surveyed.

(2)  If there is to be a survey of 2 post claims, held under common ownership, and there is no open ground between the 2 post claims, a perimeter survey is permissible, with one district lot number to be given to the survey.

(3)  If there is to be a survey of placer claims and placer leases issued under a former Act, held under common ownership, and there is no open ground between the placer claims and placer leases issued under a former Act, a perimeter survey is permissible, with one District Lot number to be given to the survey.

(4)  It is permissible to create "inner perimeters" within a mineral title or perimeter survey in order to exclude mineral titles held under different ownership and, if this is done, the boundaries of all inner perimeters must be fully monumented except for intersections with unit boundaries.

(5)  If surface stripping would cross claim boundaries and destroy monuments which normally would be set in a conventional survey of mineral titles, the Surveyor General may, on application, authorize the use of alternate or limited monumentation similar to that of a block outline survey as allowed by the Land Title Act, and for the purposes of this Part such a survey will be known as a "control survey".

(6)  When a surveyor applies under subsection (5), a written request for control survey instructions must be forwarded by the surveyor to the Surveyor General and must include a written statement from the mining company indicating the company's intention to operate a surface mine.

[am. B.C. Reg. 6/2004, s. 50.]

Division 3 - Rules for Survey

 Responsibility of surveyor

170  Surveys must be carried out under the personal on-site supervision of the surveyor signing the plan, who must ensure that the spirit and intent of the Mineral Tenure Act and the regulations under the Act are reflected in the survey.

 Conflicting interests

171  (1)  In a survey of a mineral title which overlaps or is in dispute with a previously surveyed mineral title, the extent of the overlap or disputed area must be clearly shown, together with dimensions and details of ties to all posts involved.

(2)  If a mineral title involves indian reserve lands, the surveyor must ensure that the necessary approval by the appropriate Gold Commissioner has been given before including such lands within the survey.

(3)  Surface coverages such as orchards, land under cultivation, buildings or dwellings must be accurately depicted on the plan.

[am. B.C. Reg. 6/2004, s. 51.]

 Running of boundaries

172  (1)  Boundary lines of all surveys must be cut and cleared of debris to a width of approximately one metre and blazed in accordance with section 133.

(2)  If topography or other field conditions make cutting and clearing the true boundary line impracticable, then a traverse line may be run, but the true boundary line must still be blazed.

(3)  Although it is highly desirable to clear and blaze all boundary lines there are circumstances where, due to environmental or aesthetic reasons, these lines may not be run, cut or blazed, and the onus is on the surveyor to make this determination.

(4)  If it is considered inappropriate to clear and blaze certain boundary lines, the surveyor must seek direction from the Surveyor General.

[am. B.C. Reg. 6/2004, s. 52.]

 Survey of location lines

173  (1)  The true bearing and length of all location lines must be determined by survey, and legal posts must be replaced or witnessed by a monument.

(2)  If replaced, the legal posts must be placed in the cairn adjacent to the monument.

(3)  If the legal post is in the form of a tree stump, the stump must be left in place and the monument must be set as a witness post on the location line or production thereof.

 Boundary lines through timber

174  (1)  Trees within 2 m of a boundary must be blazed with 2 readily distinguishable marks which quarter toward the boundary.

(2)  Trees located on the boundary line must be blazed with 3 notches on each side of the tree in the direction of the boundary, and the size and type of all boundary line trees and their distance from the last post to the centre of the tree must be recorded.

 Setting of legal posts

175  If, because of the impossibility of setting a group of legal posts over the same point, 2 or more such posts are found to have been set as close together as the topography allowed, and are interpreted by the surveyor as marking the same point, the monument marking that point must be placed at the site of the post having the earliest location date.

 Common boundaries

176  If an existing surveyed mineral title boundary coincides with all or part of a boundary of the mineral title being surveyed, the existing boundary must be retraced between the nearest undisputed posts and new posts must, where required, be set on the boundary.

 Roads

177  (1)  If an unsurveyed highway, forest service road, petroleum development road or travelled road that is not a public highway under the Highway Act is located on the mineral title being surveyed, it must be traversed for plotting without dimensions and compass and chain, stadia or conventional methods may be used.

(2)  The traverse must begin and end at the points where the centreline of the road intersects the perimeter of the mineral title or titles being surveyed.

(3)  Despite subsection (1), if aerial photography or a suitable map prepared from photographs exists, and 2 points common to the aerial photographs or map and the survey being conducted can be identified, the road may be plotted on the plan from the aerial photographs or map using an accurate enlargement process.

(4)  If a road, located within a mineral title being surveyed, has been previously surveyed and a plan of that survey is on deposit at the land title office or in the Crown land registry, the intersection of each boundary of the road with a perimeter boundary of the mineral title or titles under survey must be posted.

(5)  For the purpose of determining the boundary of a road under subsection (4), if a road boundary has been gazetted at a width greater than that on the previous survey, the gazetted width applies.

 Geo-referencing

178  (1)  Surveys under the Mineral Tenure Act that are located outside of integrated survey areas must

(a) be geo-referenced by autonomous GPS or superior positioning methods,

(b) have a type 1, 2 or 4 post set as near as practicable to a prominent topographical or structural feature shown on a published 1:20 000 or larger scale provincial map, or

(c) be tied to the nearest existing cadastral survey.

(2)  If a post is set as in subsection (1) (b), it must be stamped as a reference to the lot being surveyed.

(3)  The post referred to in subsection (2) must

(a) be referenced with bearing trees or a cairn and tied to the feature, and

(b) be tied to the survey according to the survey accuracy standards required under section 17.

[am. B.C. Reg. 6/2004, s. 53.]

Division 4 - Monumentation

 Corner posts

179  Posts of type 1, 2 or 4 must be used at all corners unless posts of type 3 or 5 are permitted by this Division.

 Control surveys

180  (1)  Posts of type 1, 2 or 4 must be used for control surveys authorized under section 169 (5) with a minimum density of 1 post of type 1 or 2 for every 3 monuments set on the control survey, with the monuments being placed no more than 500 m apart.

(2)  A control monument must be visible from at least one other control monument.

(3)  Coordinates related to the origin of the mineral title being surveyed, and which are derived from a passive or active provincial or geodetic control monuments, must be given for each monument placed.

[am. B.C. Reg. 275/2001, s. 6.]

 Monument types

181  (1)  Posts of type 1, 2 or 4 must be placed at

(a) all angles of the area under survey, and

(b) those unit boundaries or corners which intersect or fall on the perimeter boundaries of the area under survey.

(2)  Fractional claims included within the area under survey and whose boundaries form a portion of the perimeter boundary of that area must be posted with posts of type 1, 2 or 4 at

(a) the intersection of all unit boundaries of prior adjacent mineral titles with that portion of the boundary of the fractional claim being surveyed, or

(b) 500 m intervals on those boundaries of the fractional claim located before August 15, 1988 and which do not form part of a boundary of a prior adjacent mineral title.

 Mineral titles over multiple district lots, sections or quarter sections/lots

182  (1)  If a mineral title overlaps one or more than one surveyed district lot or section, or aliquot parts of either, or over a combination of these, the intersections of the boundaries of the mineral title under survey with the existing surveyed boundaries must be posted with posts of type 1, 2 or 4.

(2)  Posts of type 3 or 5 may be used

(a) to replace or witness legal posts of mineral titles unless the legal post falls on the corner of a district lot being surveyed, in which case a post of type 1, 2 or 4 must be used, or

(b) to mark the intersection of the boundaries of surveyed roads or rights of way with the boundaries of the mineral title being surveyed.

(3)  In the case of rights of way, intersections under subsection (2) (b) must be posted in the same manner, namely one boundary or both boundaries, as the intersected right of way is posted.

 Unsuitable sites for posting

183  (1)  If it is impossible or inadvisable to place a post at the true corner of a parcel, one witness post of the type which would be required at the true corner must be planted at the nearest suitable location on a boundary of the parcel or production thereof.

(2)  If a witness post described in subsection (1) cannot be placed within 20 m of the true corner, posts of the type which would be required at the true corner must be set on each boundary radiating from the witnessed corner and, in this case, neither post is to be marked as a witness post.

(3)  Posts set on the boundary of a district lot a short distance above a natural boundary must not be considered to be witness posts.

 Requirements of posting

184  (1)  If a mineral title under survey has jogs in one or more boundaries, or involves a perimeter survey of several mineral titles, or a control survey has been authorized, the posts must be consecutively numbered from "1" upwards for the purpose of identifying the monuments on the plan.

(2)  If an existing post of an adjacent survey is part of the new survey, the new lot designation and appropriate lines must be added to the markings on the existing post.

(3)  If, in the course of a survey, a district lot corner, section corner, centre post or quarter post is tied to, and is not found monumented with, a post of type 1, 2 or 4, or an old style Dominion iron post, it must be replaced with a post of type 1, 2 or 4.

 Reference to bearing trees

185  The position of every post of type 1, 2 or 4 must, if possible, be referenced by at least 3 bearing trees.

 Cairns

186  If bearing trees are not available, and if practicable, a cairn must be built to reference the position of all type 1, 2 or 4 posts.

[en. B.C. Reg. 6/2004, s. 54.]

Division 5 - Determination of Boundaries

 Governing factors

187  (1)  In determining the boundaries of a mineral title, the surveyor must be governed by the Mineral Tenure Act, by all pertinent regulations under the Act and by this Part.

(2)  Copies of all records pertaining to the mineral title or titles being surveyed must be obtained from the Gold Commissioner of the mining division in which the mineral title is situated.

 Legal post data

188  (1)  If the surveyor finds data on any legal post that differs from that shown on the record of the mineral title, and it is concluded that, in accordance with section 39 of the Act, the error was not intentional or calculated to mislead other free miners, the surveyor may proceed on the assumption that the data on the post will normally be deemed to govern over that given on the record.

(2)  The surveyor must inform the Gold Commissioner of the differences found and provide the Surveyor General with a written statement explaining any discrepancies.

(3)  If possible, affidavits must be obtained from either the original locator or someone familiar with the situation on the ground and must be forwarded with the survey returns.

 Replacement of legal posts

189  (1)  Replacement of lost or obliterated legal posts must be based on the best evidence available, which would include

(a) any existing inspection reports,

(b) instructions issued by the Gold Commissioner, and

(c) an affidavit by the locator of the mineral title or by some other person present at the time of location or who had definite knowledge of the location.

(2)  The surveyor must procure such further evidence, corroborative or otherwise, as can be obtained, in order to reach a conclusion using all available evidence.

(3)  The survey returns must include an explanatory statement regarding the evidence used, together with any affidavits obtained.

(4)  If no affidavits are provided, the surveyor must indicate the reason for not having produced an affidavit.

 Prior located mineral titles

190  (1)  Due regard must be given to prior mineral titles in existence at the time the title or titles being surveyed were located, to administrative areas not open to mining and to those mineral titles affected by sections 25, 35, 36, 37, 38 and 40 of the Act.

(2)  Any information regarding these mineral titles, obtained while the surveyor is on the ground, must be incorporated in the survey returns.

(3)  A true copy of all records related to the prior mineral title or titles must also be supplied.

[am. B.C. Reg. 6/2004, s. 55.]

 Number of parcels in a claim

191  (1)  A 2 post claim located before August 15, 1988 must not consist of more than one parcel.

(2)  If such a claim is divided into 2 or more parcels, the parcel nearest the No. 1 Post will constitute the claim.

(3)  A 2 post claim located on or after August 15, 1988 may consist of any number of separate parcels.

(4)  A 4 post claim located on or after March 1, 1975 and before August 15, 1988, may consist of any number of separate parcels unless a separate parcel is less than 25 ha in area and is completely bounded by existing surveyed or located mineral titles.

(5)  A 4 post claim located on or after August 15, 1988 may consist of any number of separate parcels.

 Priority for mineral titles held under common ownership

192  If 2 or more adjoining mineral titles in good standing are in the same ownership at the time of surveying and have the same location date, in the absence of the indication of a time of location or if the mineral titles were located at the same time, the surveyor may indicate priorities and carry out the survey accordingly and need not consider numbers in the legal names of the mineral titles.

 Placer titles with intermediate posts

193  If a placer title has been located using an intermediate post and the angle of deflection of the location line at the intermediate post exceeds 90°, the surveyor must obtain a ruling from the appropriate Gold Commissioner before determining the extent of the claim.

 Determination of a "fraction created"

194  If a fraction of a claim is to be included in a survey, it must be

(a) formed by producing a side line of the mineral title being surveyed to meet the boundary of the previously located mineral title which is touched or crossed by the location line of the new mineral title, or

(b) in cases where the production of the side line does not effect this intersection, determined by drawing a straight line between

(i)  the point of intersection of the side line of the mineral title being surveyed with the line drawn at right angles to its location line and passing through the No. 1 or No. 2 Post (placed at the maximum allowable distance), and

(ii)  the nearest extremity of the boundary of the previously located mineral title which is touched or crossed by the location line of the new mineral title, as shown in explanatory diagrams 1 to 9 at the end of this Part, and

(c) included in the survey of the mineral title, if its inclusion does not cause the area of the mineral title to exceed the area specified by the regulations under the Act.

 Elimination of fraction where area exceeded

195  If a fraction exists at either end of the location line and the combined area exceeds the maximum allowable,

(a) the fraction nearest the No. 1 Post must be included in the survey, and

(b) the fraction nearest the No. 2 Post must be eliminated in its entirety.

 Fractional mineral titles

196  (1)  The survey of fractional mineral title boundaries must be governed by

(a) the locator's sketch map which is attached to the form prescribed in B.C. Reg. 297/88, the Mineral Tenure Act Regulation, and

(b) the description on the record.

(2)  Fractional mineral titles must not exceed the areas prescribed in B.C. Reg. 297/88, the Mineral Tenure Act Regulation.

(3)  All legal posts and the identification post, if applicable, must be tied to during the course of the survey.

(4)  The records for all previously recorded mineral titles that form part of the boundary of the fraction being surveyed must be submitted with the survey returns.

Division 6 - Mineral Tenure Act Plans

 Title

197  A plan under the Mineral Tenure Act must contain the appropriate title similar in form, where appropriate, to the following:

"Survey Plan of District Lot(s) ..................... (Land District), being

............................................................................................................

Mineral Claim(s), Placer Claim(s) or Placer Lease(s),

............................................ (Mining Division)."

[am. B.C. Reg. 6/2004, s. 56.]

 Additional plan requirements

198  A plan under the Mineral Tenure Act must contain the following information in addition to that required by Part 3:

(a) boundaries of units shown as broken lines within the mineral title being surveyed;

(b) if a control survey has been allowed, a table showing coordinates of the control monuments;

(c) the full unabbreviated name of the mineral title, date of location, record number and, if more than one unit is involved, the number of units and their cardinal directions from the legal corner post of the mineral title being surveyed and of adjoining mineral titles;

(d) in the case of perimeter surveys, the total area of each unit within the perimeter, together with the total area included in the perimeter survey;

(e) the maximum area of a claim being

(i)  25.00 ha for claims 500 m by 500 m,

(ii)  20.90 ha for claims 457.20 m by 457.20 m, being "2 post claims" located before August 15, 1988,

(iii)  50.00 ha for a placer title located with no intermediate post and located on or after June 1, 1975, or

(iv)  32.37 ha for a placer title located with no intermediate post and located before June 1, 1975;

(f) the name of the mining division in which the mineral title is situated;

(g) if appropriate, a note providing details of any boundaries not cut and cleared;

(h) the following notation for mineral claims to be taken to mining lease:

OFFICIAL PLAN

APPROVED UNDER SECTION 42

MINERAL TENURE ACT


______________________
Surveyor General

Victoria, B.C. ____________________

(i) the following notation for plans to accommodate mining lease amendments:

OFFICIAL PLAN

APPROVED UNDER SECTION 44

MINERAL TENURE ACT


______________________
Surveyor General

Victoria, B.C. ____________________

(j) the following notation for placer claim going to lease:

OFFICIAL PLAN

APPROVED UNDER SECTION 45

MINERAL TENURE ACT


______________________
Surveyor General

Victoria, B.C._____________________
Specimen Plans 3 and 4
Exempt from publication.
These plans may be seen at the offices of
the Surveyor General, 3400 Davidson Avenue, Victoria, B.C. V8V 1X4
or at the Surveyor General's website

[am. B.C. Reg. 6/2004, s. 57.]

Part 12 - Surveys under the Petroleum and Natural Gas Act

Division 1 - General

 Definition

199  In this Part, "Act" means the Petroleum and Natural Gas Act.

Division 2 - Rules for Survey

 Vertical datum

200  (1)  The ground elevation of the well position and the monuments required by section 203 must be derived from a datum acceptable to the Surveyor General.

(2)  Differences in elevation may be determined by differential leveling, trigonometric leveling, GPS or other methods providing the misclosure is ±50mm times the square root of the distance in kilometres or less between known elevations.

(3)  If differential GPS methods are used to determine elevations, a geoid model acceptable to the Surveyor General must be used.

[am. B.C. Reg. 275/2001, s. 7.]

 Ties

201  (1)  The local survey must be geo-referenced according to section 22 (1) or the survey must commence and close on monuments of

(a) the township systems in the Peace River Block,

(b) an approved well site survey or surveys,

(c) an approved Provincial boundary survey, or

(d) an approved right of way survey coordinated on the provincial geo-spatial reference.

(2)  The maximum linear error of closure between the published coordinates of existing monuments under subsection (1) and the current survey measurements is 4 metres.

(3)  If the linear error of closure derived under subsection (2) exceeds 4 metres, then additional monuments must be tied to ensure that the required accuracy is obtained.

Division 3 - Monumentation

 Posting of well sites

202  If well sites are posted, they must be posted with posts of type 1, 2, 3, 4 or 5.

 Referencing of surveys

203  (1)  Subject to subsection (2), well sites must be carefully referenced by 2 intervisible monuments, of type 1, 2 or 4, which are at least 150 m apart.

(2)  Well sites located within surveyed townships in the Peace River Block must be referenced by ties to at least 2 existing survey monuments of types 1, 2, 3, 4 or 5 or old style Dominion iron posts, which monuments mark corners of the Section, quarter Section or legal subdivision in which the well is situated or can be related to such corners through survey plans of record.

(3)  One of the 2 intervisible monuments referred to in subsection (1) may be a post set on a corner of the well site in accordance with section 202.

(4)  If a traverse is made, that traverse must be referenced by monuments of type 1, 2 or 4, set in intervisible pairs at least 150 m apart, at intervals not exceeding 5 km.

 Markings

204  Monuments must be marked in accordance with section 10 except that, in lieu of boundary lines,

(a) in the case of monuments required by section 203 (1) not set on the true corner of a well site, the letters "PNG" followed by the numerical portion of the well name must be marked on the cap, or

(b) in the case of monuments required by section 203 (4), the number of the traverse station must be marked on the cap.

 Bearing trees

205  The position of every post found or set in accordance with sections 202 (2) and 203 (1), (2) and (4) must, if possible, be referenced by at least 3 bearing trees.

 Tripods

206  If bearing trees are not available, the monuments required by section 203 (1) and (4) must be referenced by a substantial tripod.

Division 4 - Plans under the Petroleum and Natural Gas Act

 Title

207  A plan under the Petroleum and Natural Gas Act must contain the appropriate title similar in form to the following:

"Survey plan of Well Site.........................................[Insert Name
of Well Site]........................................ District"

 Additional plan requirements

208  A plan under the Petroleum and Natural Gas Act must contain the following information in addition to that required by Part 3:

(a) the perimeter of a surveyed parcel, other than a well site or right of way, shown as a solid line;

(b) the land through which the traverse passes and the well site lies designated by the lot, block or section number, the land title plan number, or as "Unsurveyed Crown Land", whichever applies;

(c) the names of roads and bodies of water crossed by a traverse or within the well site area;

(d) the convergence to be added to or subtracted from plan bearings to obtain bearings to the meridian through the well centre;

(e) the point of commencement and closing of the survey;

(f) the perpendicular offsets from the well centre to the nearest corner of the spacing area in which the well is situated, shown in the body of the plan;

(g) if the well site lies outside the Peace River Block, a balanced table of UTM coordinates for each traverse or GPS station, each monument found or set, and the well site and, if the UTM coordinates are derived from ties under section 201 (a), (b), (c) or (d), then the estimated network horizontal accuracy must not be shown on the plan;

(h) the ground elevation of the well position and the monuments required by section 202 in metres above sea level;

(i) if the well site lies outside the Peace River Block, the petroleum and natural gas grid in fine broken lines;

(j) if the well site lies within the Peace River Block, surveyed boundaries of the township system shown as solid lines and theoretical or unsurveyed lines shown as fine broken lines;

(k) if the well site lies outside the Peace River Block, the combined factor adopted by the surveyor using the following note:

"This plan shows ground-level measured distances. To compute grid distances, multiply ground-level distances by combined factor ..........";

(l) the datum and source used for elevations and coordinates;

(m) in the lower right hand corner of the plan, the note:

Approved under Section 121 of the Petroleum and Natural Gas Act.

..........................................................
Surveyor General

Victoria, B.C. ..................................[Date]

Plan No. ...........................................

Well Authority No. ............................

Crown File No.......................................

Specimen Plans 5 and 6
Exempt from publication.
These plans may be seen at the offices of
the Surveyor General, 3400 Davidson Avenue, Victoria, B.C. V8V 1X4
or at the Surveyor General's website

[am. B.C. Reg. 6/2004, s. 58.]

Part 13 - Strata Property Act

Division 1 - Building Strata

 Field procedures

209  (1)  The perimeter of the parcel boundary must be retraced and all posts found or new posts placed.

(2)  Lengths of all exterior building walls must be measured.

(3)  Measurements must be made on each and every strata lot, limited common property and perimeter boundaries of each floorplan.

(4)  Design plans may be utilized to assist in preparation of strata plans, but must not be used for derivation of dimensions and areas.

 Sheet one

210  The first sheet must contain the following information in addition to the requirements of Part 3:

(a) the type of monumentation found or placed at every corner of the land that is subject to the strata plan except phased boundaries which do not require posting;

(b) the endorsement of statement by surveyor (Form 9, Land Title Act);

(c) where buildings are shown,

(i)  if there is more than one building, each building must be identified by either a building number or by strata lot numbers to enable a cross reference from the first sheet to the floor plans, and

(ii)  the shortest distance offsets from each building to the adjacent perimeter strata plan boundaries and additional offsets or bearing and distances to clearly define the relationship of the building(s) to the perimeter plan boundary, if necessary, unless this requirement is dispensed with by the registrar.

[am. B.C. Reg. 6/2004, s. 59.]

 Floor plans

211  (1)  Strata plans showing buildings must also show floor plans for each floor of a building that contains a strata lot, limited common property or common property, but it is not necessary to show a plan of crawl spaces or attic space if they are wholly common property.

(2)  Floor plans must show the following:

(a) a title which clearly identifies the floor and building number if applicable;

(b) designations for strata lots, common property, limited common property and non-habitable parts of strata lots if applicable;

(c) a notation indicating the particular strata lot or lots to which limited common property is appurtenant;

(d) dimensions to 0.01 metres of all boundaries of each strata lot, part strata lot and limited common property;

(e) dimensions to 0.01 metres of the perimeter boundary of a floorplan and sufficient dimensions to clearly relate the location of all strata lots, part strata lots and limited common property within a floorplan;

(f) areas to 0.1 square metres of each strata lot or part strata lot;

(g) boundaries of strata lots, part strata lots, common property and limited common property shown as solid lines;

(h) where strata lot boundaries change direction other than at forty-five or ninety degrees, sufficient additional distances or angles shown to clearly define the strata lot boundary to the extent that the area can be calculated from the dimensions provided;

(i) floors to be numbered from the lowest floor to the highest floor;

(j) if applicable, the location and descriptive notation of cross sections.

 Cross sections

212  (1)  Strata plans that show floorplans must also show cross sections when requested by the registrar or if clarification is needed.

(2)  Building cross section(s) must indicate the vertical relationships of the strata lots and common property and show the following:

(a) description of the cross section;

(b) the appropriate strata lots, decks, patios, garages, and other areas through which the cross section passes;

(c) a label for the various floors of the buildings;

(d) the outline of the roof of the building through which the section passes;

(e) the extent of a strata lot where the floor or ceiling levels change within the strata lot;

(f) the extent of a strata lot where a bay window extends outward part way up a wall.

 Elevation views

213  (1)  Strata plans that show buildings must also show elevation view(s) when requested by the registrar or if clarification is needed.

(2)  Elevation views must indicate the vertical relationships of strata lots and floors within a building and show a description of the elevation view.

Division 2 - Bare Land Strata

 Monumentation

214  Subject to section 215, strata lots, common property and limited common property must be posted in accordance with the requirements of Division 2 of Part 10 of this regulation.

 Alternative monumentation

215  (1)  The Surveyor General may permit modified posting of type 1, 2 or 4 set at specified locations if

(a) bare land strata lots are smaller than normal residential lots in the area, and the strata lots are laid out on a regular grid pattern, or

(b) the Surveyor General considers it advisable.

(2)  Application for modified posting of bare land strata plans must be made in writing to the Surveyor General.

 Additional bare land strata plan requirements

216  In addition to the requirements of a strata plan, bare land strata plans must show the following:

(a) if a land use is to be indicated within the area being dealt with by a bare land strata plan, the use must be stated on the plan within the indicated area and hatching may be used to illustrate the boundaries of the indicated area;

(b) if buildings exist on land that is to be divided by a bare land strata plan, then, only buildings that are located on common property may be shown on the plan;

(c) buildings that exist on land that is to be divided by a bare land strata plan, other than those referred to in paragraph (b), must be shown on a separate sketch which must be submitted to the approving officer;

(d) the dimensions and bearings of the boundaries of the land included within the strata plan, strata lots, limited common property and common property must be shown on the plan;

(e) if the Surveyor General permitted modified posting with type 1, 2 or 4 under section 215, then the plan must bear the following certification:

Survey Method Approved

Surveyor General

Victoria, B.C. .................................[Date].

Division 3 - Phased Strata Plans

 Plans

217  In addition to the requirements of a strata plan, phased strata plans must show the limits of the phase boundaries with complete bearing and dimension and must comply with section 26 (2).

Note: this regulation replaces B.C. Reg. 33/96.

[Provisions relevant to the enactment of this regulation:
Land Act, R.S.B.C. 1996, c. 245 — section 73;
Land Survey Act, R.S.B.C. 1996, c. 247 — section 12 (2);
Land Title Act, R.S.B.C. 1996, c. 250 — section 385 (5);
Mineral Tenure Act, R.S.B.C. 1996, c. 292 — section 64;
Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361 — section 121 (3);
Strata Property Act, S.B.C. 1998, c. 43 — sections 68 and 244]