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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Land Title Act

[RSBC 1996] CHAPTER 250

Part 7 — Descriptions and Plans

Division 1 — General

Description of land

58  (1) The registrar may allow or require the use of a method of describing land that is authorized by this Act and that will, in the registrar's opinion, best ensure brevity, accuracy and uniformity in the records.

(2) Descriptions of land in accordance with this Act are sufficient for every transaction, dealing, instrument or proceeding relating to land, whether in or out of the land title office, and whether under this Act or any other Act where a description of land is required.

(3) The registrar may assign to a parcel of land a number, known as the permanent parcel identifier, for the purpose of facilitating parcel identification in records and instruments.

(4) The registrar may require as part of a description of land,

(a) the permanent parcel identifier that has been assigned by the registrar under subsection (3),

(b) computer keying instructions respecting the parcel, and

(c) other information that the director prescribes.

Public official plan

59  (1) A copy of a public official plan may be deposited in the land title office by the Surveyor General and must be deposited by the Surveyor General at the request of the registrar.

(2) A plan deposited under subsection (1) must be certified by the Surveyor General as a true copy of the original.

Description in Crown grant

60  Registration of the title to land must, in the first instance, be according to the description of the land shown

(a) in the Crown grant, or

(b) if there is no Crown grant, in another instrument that is satisfactory to the registrar.

Registration of title to Esquimalt and Nanaimo Railway Company land

61  The registration of title to land within the Esquimalt and Nanaimo Railway Company's land grant, the title to which is registered in the land title office at Victoria in Absolute Fees Book, Volume 9, Folio 693, No. 7434A, alienated by the Esquimalt and Nanaimo Railway Company, must, in the first instance, be according to the description and parcel boundaries specified by the Esquimalt and Nanaimo Railway Company in its original return pertaining to alienation of that land made under the Taxation (Rural Area) Act and the Esquimalt and Nanaimo Railway Belt Tax Act , unless a deviation in the description and parcel boundaries is approved by the registrar.

Subsequent descriptions of land

62  A description of land made after a description referred to in section 60 or 61 must be in accordance with one of the methods permitted by this Part.

Description by parcels shown on subdivision plan

63  (1) A parcel shown on a deposited subdivision plan may be described in the register either

(a) as a lettered or numbered lot or block of the previously registered parcel dealt with by the plan, or

(b) as a lot or block as shown on the plan without any reference to the former description of the land dealt with by the plan.

(2) In all cases the number of the plan must be given in the register.

Substitution for metes and bounds or abbreviated description

64  (1) If the registrar accepts a metes and bounds description or an abbreviated description of a new parcel, with or without an explanatory or reference plan, the registrar may assign a distinguishing letter to the parcel.

(2) The description referred to in subsection (1), together with the distinguishing letter, may be endorsed in the register at the time of the first registration of indefeasible title to the parcel, but in all subsequent indefeasible titles, the description, unless the registrar otherwise directs, must be omitted, and in the case of a metes and bounds description, the parcel may be sufficiently described by an abbreviated description.

(3) If the registrar has, under subsection (1), accepted a description accompanied by an explanatory or reference plan, the registrar may require the distinguishing letter to be marked on the plan.

Assignment of distinguishing letter to remainder

65  If a distinguishing letter is assigned to a newly created parcel, the registrar may

(a) assign another distinguishing letter to the remainder of the previously registered parcel of which the newly created parcel forms part, or

(b) describe the remainder by excepting the newly created parcel.

Assignment of distinguishing letter by registrar

66  (1) If, in the opinion of the registrar, convenience of reference will be served, the registrar may assign to a parcel described in an indefeasible title a distinguishing letter.

(2) The letter assigned under subsection (1) must be endorsed on the register.

(3) After a letter is assigned under subsection (1), the parcel may be sufficiently described by an abbreviated description consisting of the distinguishing letter, together with an appropriate reference to

(a) the instrument creating the parcel, and

(b) the previously registered parcel of which the new parcel forms a part.

(4) If the existing indefeasible title to the parcel to which a distinguishing letter has been assigned includes other land, the registrar may register one or more new indefeasible titles in respect of that land.

(5) If a letter is assigned or an indefeasible title is registered under this section, the registrar must so advise the registered owner and the taxing authority.

Requirements as to subdivision and reference plans

67  A plan tendered for deposit, other than an explanatory plan or sketch plan, must comply with the following requirements:

(a) the plan must be based on a survey made by a British Columbia land surveyor;

(b) the plan must comply with the rules respecting surveys and plans made under section 385 (5) for the purposes of this section;

(c) the plan must have a title that includes the legal description, in accordance with the register, of the land subdivided and indicate whether all or part of that land is being subdivided;

(d) to (r) [Repealed 2003-66-37.]

(s) unless otherwise provided by regulation, the plan must be accompanied by a machine made transparent copy of a type approved by the Surveyor General, together with the number of white prints that may be necessary for the purpose of taxing authorities, the Surveyor General, the Ministry of Transportation and the regional board of the regional district in which the land is located;

(t) the correctness of the survey and plan must be verified by the surveyor by his or her statement in the form approved by the director.

Posting plan

68  (1) If an angle of a parcel is redefined on the ground by a post or monument, or if an angle or a parcel described by

(a) metes and bounds,

(b) an abbreviated description, or

(c) an explanatory plan,

is defined on the ground by a post or monument, the redefinition or definition must be

(d) made by a British Columbia land surveyor, and

(e) shown on a posting plan.

(2) The surveyor referred to in subsection (1) must certify the posting plan as correct and file it in the land title office within 2 months after the completion of the redefinition or definition.

(3) On receiving a posting plan, the registrar must

(a) assign a serial number to the plan, and

(b) make a note of the number in the register.

(4) The acceptance by the registrar of a posting plan for filing is not a determination by the registrar as to the location of the boundaries of the parcel posted.

(5) A posting plan must comply with the rules respecting surveys and plans made under section 385 (5) for the purposes of this section.

(6) This section does not apply to a posting plan filed under section 69.

Block outline survey

69  (1) Before a survey is made, the Surveyor General, subject to conditions the Surveyor General considers necessary, may

(a) in the case of a survey for the purpose of a subdivision, or

(b) in the case of a survey for the purpose of establishing a highway or forest service road,

allow the survey to be posted by setting, at proper intervals, monuments of a specified permanent character.

(2) The monuments with the information on the plan showing their location is the only posting of the survey required.

(3) As an alternative to the procedure under subsection (1), the Surveyor General, subject to conditions the Surveyor General may consider necessary, may allow a block outline posting of the survey to be made by setting key monuments at specified locations.

(4) The information on the plan showing the relationship of the monuments to the boundaries shown on the plan is evidence of the boundaries until a complete and final posting of the boundaries is made.

(5) The Surveyor General must require the surveyor to complete the final posting referred to in subsection (4) within a specified period.

(6) The surveyor who made the block outline survey must be the same person to make a final posting.

(7) A posting plan must be filed before the termination of the time limit imposed under subsection (5) and, after filing the posting is, in the absence of evidence to the contrary, proof of the boundaries.

(8) The posting plan referred to in subsection (7) must

(a) comply with all the requirements of this Act for a subdivision or reference plan, except

(i) the signature of the owner, and

(ii) the approval of the approving officer, and

(b) conform in all respects with the block outline plan, unless a departure from it is authorized by the Surveyor General.

(9) On receiving the posting plan, the registrar must,

(a) if the posting plan refers only to one block outline plan, assign it the same number as that assigned to the block outline plan, and

(b) if the posting plan refers to more than one block outline plan, assign a serial number to it in the manner specified by the director.

(10) In the event of the death or inability of the surveyor referred to in subsection (6) to make the final posting, the Surveyor General may appoint another British Columbia land surveyor to carry out the final posting.

(11) An application to the Surveyor General under subsection (3) must be accompanied by the fees payable under this Act.

Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant

70  (1) An explanatory plan of an unsurveyed area designated as a block in an original grant from the Esquimalt and Nanaimo Railway Company and completely surrounded by surveyed parcels, the titles to which are registered under this Act, may be considered to be the plan of survey of that area.

(2) If the unsurveyed area referred to in subsection (1) and shown on the explanatory plan is not completely surrounded by surveyed parcels, the boundaries of the area adjoining the unsurveyed land must be run or traversed in accordance with the provisions of this Act and the rules made under section 385 (5), and the explanatory plan is the plan of survey of the area.

(3) An explanatory plan described in subsection (1) or (2) must not be received on deposit in the land title office unless it has first been proved by the Surveyor General who may, in the Surveyor General's discretion, approve or reject the plan.

(4) An application to the Surveyor General under subsection (3) must be accompanied by the fees payable under this Act.

Composite plans

71  (1) If the registrar considers it necessary or convenient for registration or administrative purposes, the registrar may allow or require composite plans to be prepared from the deposited plans or other records in the land title office.

(2) The Surveyor General must assist in the preparation of the composite plans whenever the service can be provided by the Surveyor General's office.

(3) A composite plan may contain any number of contiguous parcels.

(4) The parcels shown on the composite plans may be designated by their original distinguishing letters, if any, or the registrar may assign on the plan new distinguishing letters to the parcels.

(5) The registrar must

(a) sign and date the plan,

(b) assign to it a deposit number, and

(c) make a reference to it in the records.

(5.1) Subsection (5) does not apply to a plan in electronic format.

(6) A composite plan deposited under this section must, after the date of deposit, for all purposes and for all subsequent dealings with a parcel shown on it, be referred to in the same manner as a subdivision plan deposited under this Act.

When composite plan not to be deposited

72  (1) A composite plan must not be deposited under section 71 if the deposited plans and other records from which the composite plan is compiled reveal any discrepancy or uncertainty in boundaries unless the several owners of the parcels affected sign the composite plan to evidence their consents to the boundaries shown on the composite plan.

(2) All signatures required by subsection (1) must be witnessed by at least one person who is 16 years of age or older and who is not an owner of a parcel affected by the plan, and the address and occupation of each witness must be stated on the plan.

Division 2 — Subdivision of Land

Restrictions on subdivision

73  (1) Except on compliance with this Part, a person must not subdivide land into smaller parcels than those of which the person is the owner for the purpose of

(a) transferring it, or

(b) leasing it, or agreeing to lease it, for life or for a term exceeding 3 years.

(2) Except on compliance with this Part, a person must not subdivide land for the purpose of a mortgage or other dealing that may be registered under this Act as a charge if the estate, right or interest conferred on the transferee, mortgagee or other party would entitle the person in law or equity under any circumstances to demand or exercise the right to acquire or transfer the fee simple.

(3) Subsection (1) does not apply to a subdivision for the purpose of leasing a building or part of a building.

(4) A person must not grant an undivided fractional interest in a freehold estate in land or a right to purchase an undivided fractional interest in a freehold estate in land if the estate that is granted to or that may be purchased by the grantee is

(a) a fee simple estate on condition subsequent, or

(b) a determinable fee simple estate

that is or may be defeated, determined or otherwise cut short on the failure of the grantee to observe a condition or to perform an obligation relating to a right to occupy an area less than the entire parcel of the land.

(5) Subsection (4) does not apply to land if an indefeasible title to or a right to purchase an undivided fractional interest in

(a) a fee simple estate on condition subsequent in the land of the kind described in subsection (4), or

(b) a determinable fee simple estate in the land of the kind described in subsection (4)

was registered before May 30, 1994.

(6) An instrument executed by a person in contravention of this section does not confer on the party claiming under it a right to registration of the instrument or a part of it.

Lease of part of a parcel of land enforceable

73.1  (1) A lease or an agreement for lease of a part of a parcel of land is not unenforceable between the parties to the lease or agreement for lease by reason only that

(a) the lease or agreement for lease does not comply with this Part, or

(b) an application for the registration of the lease or agreement for lease may be refused or rejected.

(2) This section does not apply to an airport lease, as defined in section 41 of the Municipalities Enabling and Validating Act (No. 2) .

Method of defining new parcel

74  Except as otherwise provided in section 99, a new parcel created by subdivision or a parcel for which an indefeasible title is sought must be defined by a subdivision plan.

Requirements for subdivisions

75  (1) A subdivision must comply with the following, and all other, requirements in this Part:

(a) to the extent of the owner's control, there must be a sufficient highway to provide necessary and reasonable access

(i) to all new parcels, and

(ii) through the land subdivided to land lying beyond or around the subdivided land;

(b) all highways provided for in a subdivision plan or otherwise legally established on lands adjoining, lying beyond or around the land subdivided must be continued without unnecessary jogs and must be cleared, drained, constructed and surfaced to the approving officer's satisfaction, or unless, in circumstances the approving officer considers proper, security is provided in an amount and in a form acceptable to the approving officer;

(c) if the land subdivided borders on

(i) a body of water, the bed of which is owned by the Crown,

(ii) the boundary of a strip of land established as the boundary of a water reservoir, where the strip of land and reservoir are owned by the Crown, or

(iii) a strip of Crown land 20 m or less in width contiguous to a natural boundary as defined in the Land Act ,

access must be given by highways 20 m wide to the body of water and to the strips at distances not greater than 200 m between centre lines, or, in a rural area where the parcels into which the land is subdivided all exceed 0.5 ha, at distances not greater than 400 m between centre lines;

(d) if the land subdivided borders on a body of water, the bed of which is owned by a person other than the Crown and,

(i) in the case of a lake or pond, the surface of the body of water at mean annual high water is at least 1.5 ha, and the mean depth at mean annual high water is at least 0.6 m, or

(ii) in the case of a river, creek or watercourse, the average width at mean annual high water is at least 6 m and the average depth at mean annual high water is at least 0.6 m,

access must be given by highways 20 m wide to the body of water and to the strips at distances not greater than 200 m between centre lines, or, in a rural area where the parcels into which the land is subdivided all exceed 0.5 ha, at distances not greater than 400 m between centre lines;

(e) suitable lanes must be provided in continuation of existing lanes and in every case where lanes are considered necessary by the approving officer.

(2) As an exception, subsection (1) (d) (i) does not apply to a reservoir or pond referred to in paragraph (d) of that subsection if the reservoir or pond is used for the purpose of domestic or industrial water supply and its bed is owned by a public body other than the Crown.

(3) In considering the sufficiency of a highway shown on a plan and to be dedicated to the Crown, the approving officer must consider the following:

(a) the location and width of the highway;

(b) the suitability of the highway in relation to the existing use of the subdivided land and the use intended by the subdivision;

(c) the configuration of the land subdivided;

(d) the relation of the highway to be dedicated to an existing main highway or approach, whether by land or water, and local circumstances;

(e) on the question of width, the extent of the use, present and future, to which the highway may be put;

(f) the likely or possible role of the highway in a future highway network serving the area in which the subdivided land is located.

Relief from requirements established by section 75

76  (1) In circumstances prescribed under subsection (2), an approving officer may grant relief from compliance with all or part of the provisions of section 75 (1) (a) or (b).

(2) The Lieutenant Governor in Council may make regulations prescribing circumstances for the purposes of subsection (1), which may be different for different areas.

(3) On receiving an application made in accordance with subsection (4), the minister charged with the administration of the Transportation Act may grant relief from strict compliance with a requirement under section 75 (1) (c) or (d).

(4) An application under subsection (3) must be supported by an affidavit and, if the approving officer is a municipal, regional district, islands trust or treaty first nation approving officer appointed under section 77, 77.1 or 77.21 or is the Nisga'a approving officer appointed under section 77.3, by the written recommendation of the approving officer.

(5) Relief granted under subsection (3) may be evidenced by a certificate endorsed on the plan and signed by the minister charged with the administration of the Transportation Act or by a designated highways official.

Division 3 — Appointment, Powers and Duties of Approving Officers

Appointment of municipal approving officers

77  (1) For land within a municipality, the municipal council must appoint a person as an approving officer.

(2) An approving officer appointed under this section must be

(a) the municipal engineer,

(b) the chief planning officer,

(c) some other employee of the municipality appointed by the municipal council, or

(d) a person who is under contract with the municipality.

Appointment of regional district and islands trust approving officers

77.1  (1) Subject to subsection (2), the Lieutenant Governor in Council may, by order, do one or more of the following:

(a) authorize a regional district board to appoint a person as an approving officer for the rural area of the regional district;

(b) authorize the trust council under the Islands Trust Act to appoint a person as an approving officer for the rural area of the trust area under that Act;

(c) if an order under paragraph (a) or (b) applies, provide that section 83.1 does not apply in relation to the regional district or trust area.

(2) An order under subsection (1) (a) or (b) must be requested by resolution of the regional district board or trust council, as applicable, and must be recommended by the minister charged with the administration of the Transportation Act .

(3) An order under subsection (1) (a) or (b) may include one or more of the following:

(a) requirements that must be met before the authorization becomes effective;

(b) conditions relating to the appointment of the approving officer under this section;

(c) provisions respecting the transition to the exercise of authority by an approving officer appointed under this section including, without limiting this, exceptions and modifications respecting how applications that are pending at the time the authorization becomes effective are to be dealt with.

(4) If a regional district board or the trust council is authorized under subsection (1), it must appoint an approving officer for the rural area of its jurisdiction.

(5) An approving officer appointed under this section must be

(a) the regional district or trust area engineer,

(b) the chief planning officer,

(c) some other employee of the regional district or trust council appointed by the board or council, as applicable, or

(d) a person who is under contract with the regional district or trust council.

Provincial approving officers

77.2  (1) If an approving officer is not appointed under section 77.1 for a rural area, the approving officers for the area are

(a) the deputy minister to the minister charged with the administration of the Transportation Act , and

(b) approving officers appointed under subsection (2).

(2) The Lieutenant Governor in Council may appoint a person as an approving officer for a rural area referred to in subsection (1).

Appointment of treaty first nation approving officers

77.21  (1) A treaty first nation must appoint an approving officer for its treaty lands.

(2) An approving officer appointed under subsection (1) must be

(a) an official or employee of the treaty first nation, or

(b) a person who is under contract with the treaty first nation.

(3) Sections 77.1 and 77.2 do not apply to the treaty lands of a treaty first nation.

Nisga'a approving officer

77.3  (1) The Nisga'a Lisims Government must appoint an approving officer for Nisga'a Lands.

(2) The approving officer appointed under subsection (1) must be

(a) an official or employee of the Nisga'a Lisims Government, or

(b) a person who is under contract with the Nisga'a Lisims Government.

(3) The approving officer appointed under subsection (1) may exercise his or her powers in relation to all Nisga'a Lands, including Nisga'a Village Lands.

(4) Sections 77.1 and 77.2 do not apply to Nisga'a Lands.

Certain designations prohibited on subdivision plans

78  An approving officer must not approve, and the registrar must not accept for deposit, a plan of subdivision that designates the land subdivided as a municipality, townsite or port, or as a separate part of, or an addition to, a municipality, townsite or port.

Repealed

79  [Repealed 1997-25-33.]

Controlled access highways

80  If a plan of subdivision affects land adjacent to a controlled access highway, as designated under section 48 of the Transportation Act ,

(a) the approving officer must not approve the plan if it does not conform to any applicable regulations under the Transportation Act , and

(b) an approving officer appointed under section 77, 77.1 or 77.21 must not approve the plan unless it has first been approved by the minister charged with the administration of the Transportation Act or a designated highways official.

Land in improvement districts

81  If a plan of subdivision affects land located in an improvement district under the Local Government Act , within 7 days after the plan is received by the approving officer for approval, the approving officer must notify the board of trustees of the improvement district.

Repealed

82  [Repealed 2003-72-16.]

Division 4 — Approval of Subdivision Plans

Tender of plan for examination and approval

83  (1) A subdivision plan must be tendered for examination and approval by the approving officer as follows:

(a) if the land affected is within a municipality, to the designated municipal officer;

(b) if the land affected is in the rural area of a regional district authorized to appoint an approving officer under section 77.1, to the designated regional district officer;

(c) if the land affected is in the rural area of the trust area under the Islands Trust Act and the trust council is authorized to appoint an approving officer under section 77.1, to the secretary of the trust council;

(d) in other cases, to the district highways manager of the Ministry of Transportation.

(2) The subdivision plan must be accompanied by the following:

(a) the applicable fees established under section 462 (1) (f) of the Local Government Act or under section 292 (1) (h) of the Vancouver Charter or prescribed under subsection (3) of this section;

(b) a certificate

(i) that all taxes assessed on the subdivided land have been paid, and

(ii) if local service taxes are payable by instalments, that all instalments owing at the date of the certificate have been paid;

(c) if the approving officer considers that there is reason to anticipate that the land may be resubdivided and requires this information, a sketch showing that the parcels into which the land is subdivided can conveniently be further subdivided into smaller parcels;

(d) if the approving officer requires this information, profiles of every new highway shown on the plan and such necessary topographical details as may indicate engineering problems to be dealt with in opening up the highways, including environmental impact or planning studies.

(3) The Lieutenant Governor in Council may, by regulation, prescribe fees for subdivision plan examination by a Provincial approving officer, which may vary with the number, size and type of parcels involved in the proposed subdivision.

Referral to designated highways official

83.1  (1) Unless the application of this section is excepted by order under section 77.1 (1) (c), a regional district or islands trust approving officer who receives a plan tendered under section 83 (1) (b) or (c)

(a) must refer the plan to a designated highways official for review, and

(b) must not approve the plan unless the designated highways official consents.

(2) The designated highways official may direct the approving officer to impose on the applicant specified requirements that must be met before the plan is approved or that must be conditions of approval.

(3) Requirements that may be directed under subsection (2) are

(a) requirements that the approving officer may require under this or another Act including, without limiting this, under section 83 (2) (d) of this Act or section 513 of the Local Government Act , and

(b) any other requirements that the designated highways official considers necessary to ensure that present and future highways needs can be adequately met.

(4) Without limiting the authority of an approving officer, the approving officer may impose on an applicant any requirements directed by the designated highways official under subsection (2).

(5) In determining whether or not to consent, the designated highways official is limited to considering the following:

(a) whether the plan complies with the enactments that establish requirements and standards in relation to highways;

(b) whether the highways within and leading to and beyond the subdivision are sufficient in relation to their capacity to carry traffic and their provision of access into and out of the subdivision;

(c) whether any requirements directed under subsection (2) have been satisfied.

Plan tendered later than 3 months after survey

84  (1) If a subdivision plan is tendered for examination and approval after the expiration of 3 months after the date the survey is completed, the approving officer may require the surveyor who carried out the survey to inspect the survey and

(a) satisfy himself or herself that

(i) all posts and monuments are in place, and

(ii) the survey has not been affected by an intervening survey or a registration, deposit or filing under this Act, and

(b) write on the plan "inspected under the Land Title Act", with the date of the inspection and his or her signature.

(2) The surveyor may inspect and certify under subsection (1) before the plan is tendered for approval.

(3) In the event of the death or disability of the surveyor, the Surveyor General may appoint another British Columbia land surveyor to make the inspection.

Time limit for approval and consideration of public interest

85  (1) A subdivision plan must be approved or rejected by the approving officer within 2 months after the date it is tendered for examination and approval or within another period that may be set by the Lieutenant Governor in Council.

(2) If, under subsection (1), the approving officer rejects the subdivision plan, the approving officer must forthwith notify in writing the applicant, or the solicitor or agent of the applicant, of the rejection, stating briefly the reason and the approving officer's requirements, if any.

(3) In considering an application for subdivision approval in respect of land, the approving officer may refuse to approve the subdivision plan if the approving officer considers that the deposit of the plan is against the public interest.

Environmental Management Act requirements must be met

85.1  (1) This section applies to an application for subdivision.

(2) Despite section 85, an approving officer must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:

(a) the approving officer has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the approving officer is not required to forward a copy of the site profile to the director under section 40 (4) (b) of that Act;

(b) the approving officer has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;

(c) the approving officer has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;

(d) the approving officer has received notice from the director under the Environmental Management Act that the approving officer may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

(e) the approving officer has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;

(f) the approving officer has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;

(g) the approving officer has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.

Matters to be considered by approving officer on application for approval

86  (1) Without limiting section 85 (3), in considering an application for subdivision approval, the approving officer may

(a) at the cost of the subdivider, personally examine or have an examination and report made on the subdivision,

(b) hear from all persons who, in the approving officer's opinion, are affected by the subdivision,

(c) refuse to approve the subdivision plan, if the approving officer considers that

(i) the anticipated development of the subdivision would injuriously affect the established amenities of adjoining or reasonably adjacent properties,

(ii) the plan does not comply with the provisions of this Act relating to access and the sufficiency of highway allowances shown in the plan, and with all regulations of the Lieutenant Governor in Council relating to subdivision plans,

(iii) the highways shown in the plan are not cleared, drained, constructed and surfaced to the approving officer's satisfaction, or unless, in circumstances the approving officer considers proper, security is provided in an amount and in a form acceptable to the approving officer,

(iii.1) a highway provided for in a subdivision plan or otherwise legally established on lands adjoining, lying beyond or around the land subdivided is, in the approving officer's opinion, not sufficient,

(iv) the land has inadequate drainage installations,

(v) the land is subject, or could reasonably be expected to be subject, to flooding, erosion, land slip or avalanche,

(vi) after due consideration of all available environmental impact and planning studies, the anticipated development of the subdivision would adversely affect the natural environment or the conservation of heritage property to an unacceptable level,

(vii) the cost to the government of providing public utilities or other works or services would be excessive,

(viii) the cost to the municipality or regional district of providing public utilities or other works or services would be excessive,

(ix) the subdivision is unsuited to the configuration of the land being subdivided or to the use intended, or makes impracticable future subdivision of the land within the proposed subdivision or of land adjacent to it,

(x) the anticipated development of the subdivision would unreasonably interfere with farming operations on adjoining or reasonably adjacent properties, due to inadequate buffering or separation of the development from the farm, or

(xi) despite subparagraph (ix), the extent or location of highways and highway allowances shown on the plan is such that it would unreasonably or unnecessarily increase access to land in an agricultural land reserve, and

(d) if the approving officer considers that the land is, or could reasonably be expected to be, subject to flooding, erosion, land slip or avalanche, the approving officer may require, as a condition of consent to an application for subdivision approval, that the subdivider do either or both of the following:

(i) provide the approving officer with a report certified by a professional engineer or geoscientist experienced in geotechnical engineering that the land may be used safely for the use intended;

(ii) enter into one or more covenants under section 219 in respect of any of the parcels that are being created by the subdivision.

(2) The Lieutenant Governor in Council may, by regulation, amend, add to, substitute or repeal any of the grounds for refusal set out in this section or in section 85 (3).

Local government matters to be considered by approving officer

87  Without limiting section 85 (3), the approving officer may refuse to approve a subdivision plan if the approving officer considers that the subdivision does not conform to the following:

(a) all applicable provisions of the Local Government Act ;

(b) all applicable municipal, regional district and improvement district bylaws regulating the subdivision of land and zoning;

(c) if the land affected is within the trust area under the Islands Trust Act , all applicable local trust committee bylaws regulating the subdivision of land and zoning.

Approval of plan

88  On the approval of a plan, the approving officer must write on it "Approved under the Land Title Act " with the date of approval and must sign it and append below his or her signature the title

Approving Officer for

.........................................................................
(municipal, or as the case may be)

..........................................................................
(name of municipality, or as the case may be).

Appeal to Supreme Court

89  (1) If a subdivision plan is rejected by the approving officer, or if the approving officer has failed within the time limit set out in section 85 to approve a subdivision plan, the subdivider may make an application in the nature of an appeal to the Supreme Court

(a) within one month after receiving the approving officer's rejection, or

(b) if the subdivision plan has not been approved within the time limit set out in section 85, within one month after the expiration of that time.

(2) The court may, on application made within the time limit for appeal under subsection (1) and on the terms it thinks proper, extend the time for appeal for a period not exceeding one month.

(3) The application must be supported by an affidavit of the subdivider or the subdivider's solicitor or agent, stating fully and fairly all the material facts of the case, and that to the best of his or her information, knowledge and belief all facts material to the application for approval have been fully and fairly disclosed.

(4) The appellant must serve a copy of the application on the approving officer, together with copies of all material and exhibits proposed to be used on the hearing.

(5) At least 10 days' notice must be given of the time and place of hearing, and at that time and place all interested persons, whether or not served with the application, may appear and be heard.

(6) The court may make any order it considers proper as to the notification of other persons of the hearing.

(7) On the hearing of the application, the court may make any order

(a) that the circumstances of the case require, including a direction that the approving officer approve the plan, if otherwise in order, and

(b) with respect to the costs of the persons appearing on the hearing of the application as appears just.

(8) If the approving officer is directed by the order to approve the plan, the approving officer must note on it "Approved under the Land Title Act pursuant to the order of .............., made ................", with the date of approval, and must append below his or her signature his or her title in the manner provided in section 88.

(9) This section applies to the nonapproval or refusal to grant approval of an application under section 101.

Power of Lieutenant Governor in Council to prohibit deposit of plan

90  (1) The Lieutenant Governor in Council may, when it appears that the deposit of a subdivision plan is against the public interest, order the registrar not to receive the plan for deposit.

(2) Subsection (1) applies whether or not the subdivision has been approved and despite the right of appeal under section 89.

Division 5 — Deposit of Subdivision Plans

Approval of subdivision plan required

91  (1) A subdivision or reference plan must not be deposited by the registrar unless it has first been approved by the approving officer.

(2) Subsection (1) does not apply

(a) if, under section 94, the plan only consolidates into a single parcel lawfully accreted land and another parcel, or

(b) subject to section 99 (2), to a reference plan deposited under section 99 (1) (e), (f), (g), (h) and (j), or 100.

Application for deposit

92  (1) An application to deposit a subdivision plan must be

(a) in the form approved by the director,

(b) accompanied by

(i) the subdivision plan and the reproductions required by section 67 (s), and

(ii) the duplicate indefeasible title, if any, and if it is not on deposit in the land title office, and

(c) tendered for deposit to the registrar within 2 months or any other period that may be prescribed after it has been approved by the approving officer, or within a further time the registrar, on application made to the registrar before the expiration of the 2 months or the other period prescribed, may allow for sufficient cause.

(2) If the application and plan are not tendered to the registrar within the time allowed, the approval of the plan is deemed to have been revoked.

Title to land in plan required to be registered

93  (1) Except if a subdivider is proceeding under

(a) section 94,

(b) Part 9, in respect of a highway, or

(c) section 58 or 80 of the Land Act ,

a plan must not be deposited by the registrar unless the title to all the land included in the plan and subdivided by it is registered in the indefeasible fees register.

(2) The registrar may, in his or her discretion, refuse to deposit a plan covering land held under more than one title if the registrar considers that confusion as to title of parcels may result.

Endorsement of certificate

94  (1) Despite the Land Act , if a plan to be tendered for deposit in the land title office

(a) includes land that adjoins Crown land and that has lawfully accreted to the land being subdivided, or

(b) shows a water boundary that differs from the water boundary shown on the plan already on deposit on which the present title is based,

the Surveyor General may, if in the Surveyor General's opinion it is in the public interest to do so, endorse on the plan a certificate

(c) that the land in question is lawfully accreted land, or

(d) that the water boundary is the natural boundary as defined in the Land Act .

(2) The Surveyor General must not certify a plan under subsection (1) unless the Surveyor General is satisfied that

(a) the land in question has lawfully accreted to the registered land of the subdivider, or

(b) the water boundary shown on the plan is in fact the correct water boundary, and the water boundary as shown on the plan already on deposit on which the present title is based was incorrectly shown on that plan due to lack of detail or sufficient detail, or other good reason.

(3) An application to the Surveyor General for endorsement under subsection (1) must be accompanied by the fees payable under this Act.

Accreted land within plan

95  (1) If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the Surveyor General certifying that all or part of land intended to be dealt with by the plan is lawfully accreted land adjoining Crown land, the certificate is deemed to be proof satisfactory to the registrar that

(a) the registered owner, purporting to include in the plan the accreted land, has established to it a good safe holding and marketable title in fee simple, and

(b) the subdivider's indefeasible title to the land included in the boundaries of the plan and affected by the accretion is the registered title to the accreted land.

(2) If the indefeasible title is endorsed with a registered charge, the charge is extended to include the accreted land.

Water boundary deemed to be natural boundary

96  (1) If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the Surveyor General certifying that the water boundary shown on the plan is the natural boundary, as defined in the Land Act , of the land shown outlined in accordance with the rules made under section 385 (5) or, if the plan is in electronic format, outlined in the manner established by the director, then, on the deposit of the plan, and even though the water boundary does not agree with the natural boundary shown on a plan already on deposit in the land title office due to a lack of sufficient detail on the deposited plan or other good reason, the certificate is deemed to be proof satisfactory to the registrar that

(a) the registered owner, purporting to include in the plan tendered for deposit the area comprising the subject matter of the discrepancy, has established to the area a good safe holding and marketable title in fee simple, and

(b) the subdivider's indefeasible title to the land adjoining the area and included in the boundaries of the plan tendered for deposit is the registered title to the area.

(2) If the indefeasible title is endorsed with a registered charge, the charge is extended to include in it the area referred to in subsection (1).

Signatures of owners to plan

97  (1) A subdivision plan must be signed by each owner of the land subdivided.

(2) All the signatures to the plan must be witnessed in the same manner as is required by section 72 (2).

(3) The registrar may accept a plan that has not been signed by all the owners if, in the registrar's opinion, the interests of the owners who have not signed are not affected by the deposit of the plan.

(4) If an owner of a charge, other than a charge by way of mortgage, lease, agreement for sale or subagreement for sale, fails or refuses to sign the plan, the owners in fee simple may apply to the registrar 30 days after serving that owner with notice of an application to be made under subsection (5).

(5) On application made after the 30 days referred to in subsection (4), the registrar may issue an appointment for the hearing of all interested parties, and on the return of the appointment may

(a) hear all interested parties or their agents,

(b) adjourn the hearing of the application on terms the registrar considers proper,

(c) award costs the registrar considers just to the applicant or to any other person interested in the application, and order by whom the costs must be paid, and

(d) grant or refuse all or part of the application, or on conditions the registrar considers proper.

(6) A person dissatisfied with an order made under subsection (5) may

(a) require the registrar forthwith to provide written reasons, and

(b) within 21 days after receiving the registrar's reasons, apply to the Supreme Court by way of appeal from the registrar's decision.

(7) Sections 309 and 310 apply in respect of the application to the court and the proceedings on it.

(8) The deposit of a plan pursuant to an order of the registrar or court made under this section has the same effect in all respects as if the plan had been signed, without prejudice however, except as to a highway, park or public square included in the plan, to a condition, exception, reservation, charge, lien or interest to which the registered title to the subdivided land is subject.

New indefeasible titles for parcels shown on deposited plan

98  (1) The registrar must examine the application and plan, and any supporting instrument produced and, if satisfied that they are in order and in compliance with all the requirements of this Act, must deposit the plan under the serial deposit number assigned to the plan on its receipt and register new indefeasible titles for the parcels shown on the plan as may be necessary.

(2) If a new indefeasible title is registered, the former indefeasible title must be cancelled in the manner provided for in section 189.

(3) If a new indefeasible title is registered, a print of the plan must be transmitted to the appropriate taxing authorities.

(4) Concurrently with the tender of the plan, an application may be made to the registrar to register an instrument dealing with any parcel included in the plan, and reference in the instrument to the plan and parcel must be in the manner required by the registrar.

Division 6 — Other Methods of Defining New Parcels

Registrar to determine whether description of land acceptable

99  (1) The registrar may accept

(a) a metes and bounds description or an abbreviated description, with or without a reference plan or an explanatory plan, or

(b) a reference plan or an explanatory plan, with or without a metes and bounds description

in any of the following cases:

(c) if a new parcel is created by the subdivision of an existing parcel shown on a deposited subdivision plan;

(d) if the new parcel is created for the purpose of adding it to an already existing adjoining parcel in the same subdivision plan, in which case the new parcel is deemed to be an integral portion of the parcel to which the new parcel is added;

(e) if an easement, restrictive covenant, covenant under section 219 or a statutory right of way is being created;

(f) if a parcel is being transferred to the Crown or other transferee for highway purposes;

(g) if there is a statutory right to acquire compulsorily a parcel smaller than the registered parcel;

(h) if a parcel is being transferred, leased or donated for public purposes to

(i) the Crown, including a Crown agency,

(ii) a municipality, regional district or improvement district,

(iii) a public body exercising public functions over the area in which the land is located, or

(iv) a person designated by the minister under section 219 (3) (c);

(i) if the registrar is satisfied that

(i) the creation of the new parcel is to provide for an isolated transaction and is not a step in a progressive subdivision, and

(ii) due to the previous legal establishment of sufficient highways in accordance with section 75, the acceptance of the description or the deposit of the plan is not against the public interest;

(j) if a new parcel is being created for a lease for well site or access roadway or both well site and access roadway purposes under the Oil and Gas Activities Act ;

(k) if a new parcel is being created for a lease other than a lease referred to in paragraph (j).

(2) The registrar, before exercising his or her discretion in respect of the matters covered by subsection (1) (c), (d), (f), (h) (iv), (i) or (k), must require the applicant to provide satisfactory evidence that the approving officer has granted approval of the subdivision but in the case of a transfer under subsection (1) (f), approval is required only if the land is in a rural area.

(3) In the case of a lease of all or part of a building, the registrar may, on the ground of hardship or economic loss, accept a sketch plan with or without a metes and bounds description or abbreviated description.

Re-establishment of boundaries

100  (1) The registrar may accept

(a) a reference plan without an accompanying description, if a resurvey or survey of an existing parcel is made for the purpose of re-establishing the boundaries of the parcel in accordance with the registered title, and

(b) despite section 158 (1), a reference or an explanatory plan without an accompanying description, if a new parcel is created by the consolidation of adjoining surveyed parcels.

(2) Section 98 applies to the deposit of a reference plan or an explanatory plan under this section.

(3) Sections 75 and 91 do not apply to a survey, resurvey or consolidation under this section.

(4) A reference plan or an explanatory plan tendered for deposit under this section must be accompanied by

(a) an application in the form approved by the director signed by the owner in fee simple or that owner's agent and consented to by each holder of a registered charge, and

(b) the duplicate indefeasible title, if any.

(5) If there is a consolidation of surveyed parcels, a consent referred to in subsection (4) (a) on the application and given by the holder of a mortgage granted by the owner of the fee simple operates, on the deposit of the plan, to extend the mortgage registered against the title to the surveyed parcel so as to coincide with the boundaries of the new parcel as shown on the reference or explanatory plan.

Principles guiding approving officer

101  (1) In considering an application for approval of a subdivision under section 99, the approving officer must be guided by the principles and requirements set out in this Act applicable to the examination of subdivisions made by subdivision plan.

(2) An application for approval must be accompanied by the prescribed fee.

(3) If the approving officer refuses to grant approval, or if approval is not granted within 2 months after the date the application is tendered to the approving officer for approval, the owner of the land is entitled to make an application in the nature of an appeal to the Supreme Court in the same manner as is provided in section 89 for the nonapproval or rejection of a subdivision plan.

Dedication by reference or explanatory plan

102  (1) If the Crown is the registered owner of a parcel free from encumbrances, and intends to establish all or part of the parcel as a highway, the Crown may deposit a reference plan showing the area intended to become a highway.

(2) The registrar may, if the intended establishment under subsection (1) is being effected primarily for the clarification of the records, accept an explanatory plan instead of a reference plan.

(3) The reference plan or explanatory plan must be

(a) signed by the Surveyor General, and

(b) unless the highway has been previously established by notice in the Gazette, approved by a designated highways official.

(4) The deposit of the reference plan or explanatory plan by the registrar operates as a dedication by the Crown to the public of the land shown on the reference or explanatory plan as a highway.

(5) The registrar must accordingly amend or cancel, as the case may be, the existing indefeasible title, and the land ceases to be registered under this Act.

(6) This section applies if the Crown is a registered owner under section 278.

Execution of plan by owner

103  Unless the application of this section is dispensed with by the registrar, a reference or an explanatory plan must be

(a) signed by each owner of the land dealt with by the plan, and

(b) witnessed in the same manner as is required by section 72 (2).

Serial deposit number

104  The registrar must assign a serial number to each reference or explanatory plan deposited by the registrar.

Division 7 — Conflicting Measurements

Power of registrar if measurements on plans conflict

105  (1) The registrar may

(a) refuse to accept a plan tendered for deposit, the measurements of which do not correspond with the measurements shown on a plan already on deposit covering all or part of the same land or having a common boundary with the plan being tendered,

(b) refer a plan to the Surveyor General for the Surveyor General's report, or

(c) order

(i) a new survey, or

(ii) that all other necessary steps be taken to ascertain the true measurements.

(2) This section does not apply to a posting plan.

Power of registrar to correct errors, defects or omissions

106  (1) If it appears to the registrar, on the filing of satisfactory evidence, including a plan or other instrument the registrar may require, that there is an error, defect or omission in a deposited plan, the registrar may correct the plan.

(2) The registrar must make an appropriate note of the correction on the plan and in the register following the description of the land.

(3) If a plan has been microfilmed, the registrar must, as far as practicable, make the correction on the plan and update the microfilm copy.

Division 8 — Vesting of Title by Deposit of Plan

Dedication and vesting

107  (1) The deposit of a subdivision, reference or explanatory plan showing a portion of the land

(a) as a highway, park or public square, that is not designated on the plan to be of a private nature, or

(b) as covered by water and as lying immediately adjacent to a lake, river, stream or other body of water not within the land covered by the plan, and designated on the plan to be returned to the government,

operates

(c) as an immediate and conclusive dedication by the owner to the public of that portion of land shown as a highway, park or public square, or to be returned to the government, for the purpose indicated on or to be inferred from the words or markings on the plan,

(d) to vest in the Crown in right of the Province, subject to any other enactment, title to the highway, park or public square, or to the portion to be returned to the government, except any of the following that are registered in the name of a person other than the owner:

(i) minerals and placer minerals as defined in the Mineral Tenure Act ;

(ii) coal;

(iii) petroleum as defined in the Petroleum and Natural Gas Act ;

(iv) gas or gases, and

(e) to extinguish the owner's common law property, if any, in the portion of land referred to in subsection (1) (a) or (b).

(2) If the Crown in right of Canada, in trust for a band, as defined in the Indian Act (Canada), is the owner of the subdivided land, the Lieutenant Governor in Council may limit, in whole or in part, and subject to the terms and conditions the Lieutenant Governor in Council considers necessary, the operation of subsection (1).

(3) An indefeasible title must not be registered for a highway, park or public square dedicated and vested under this section.

(4) A public street, road, square, lane, bridge or other highway that vests in the City of New Westminster under section 204 of the New Westminster Act, 1888 vests subject to the exceptions referred to in subsection (1) (d) of this section.

If designation on plan "Returned to Crown in right of the Province"

108  (1) Except as provided in section 107 (1), if, on the subdivision of land, a subdivision or reference plan is deposited in the land title office, and a portion of the land subdivided is designated on the plan "Returned to Crown in right of the Province", the deposit of the plan is deemed to be a transfer in fee simple by the registered owner in favour of the government.

(2) If the subdivided area shown in and included in a subdivision or reference plan deposited in the land title office before or after this section comes into force adjoins land covered by water, and the land is included in the subdivider's indefeasible title and adjoins land the title to which is vested in the Crown in right of the Province, the deposit is deemed to be a transfer in fee simple of the first mentioned land to the government, and the title of the registered owner to the first mentioned land covered by water is deemed to be extinguished.

(3) Subsection (2) does not apply to land that has been exempted from the application of that subsection by order of the minister, subject to any terms or conditions contained in the exemption order.

(3.1) The minister may delegate to the Surveyor General the minister's powers and duties under subsection (3).

(4) A certified copy of an order under subsection (3) must be filed with the deposit of the plan, and the registrar must make a note of the order in the records in the manner required by the director.

(5) An application to the minister for an exemption under subsection (3) must be accompanied by the prescribed fee.

(5.1) Subject to any terms or conditions the Lieutenant Governor in Council considers appropriate, the Lieutenant Governor in Council may order retroactively that subsection (2) did not operate on one or more occasions in respect of land identified in the order, if, in the opinion of the Lieutenant Governor in Council, one or both of the following apply:

(a) it is desirable to clarify title to land because of uncertainty about the operation of subsection (2);

(b) the operation of subsection (2) is inappropriate or unfair because a person, including a registered owner, as a result of a belief that the registered owner had title to land,

(i) has incurred costs in the past,

(ii) is likely to suffer loss in the future, or

(iii) is otherwise prejudiced.

(5.2) Subject to the terms and conditions provided for by the Lieutenant Governor in Council and to subsection (5.4), an order under subsection (5.1) is retroactive for all purposes and, without limitation, has the following retroactive effects:

(a) the land referred to in the order is conclusively deemed not to have been transferred in fee simple to the government under subsection (2) on any occasion identified in the order;

(b) the title of the registered owner at the time of an occasion identified in the order is conclusively deemed not to have been extinguished under subsection (2).

(5.3) The registrar must make a note of an order under subsection (5.1) in the records in the manner required by the director on receipt of the following:

(a) a certified copy of the order;

(b) if required by the registrar, a certificate from the minister stating that all terms and conditions in the order have been satisfied;

(c) any other filings required by the registrar.

(5.4) An order under subsection (5.1) only has effect if the registrar has made a note of it under subsection (5.3).

(6) A transfer under subsection (1) or (2) is deemed to include the mines and minerals except if the title to them is registered in the name of an owner not required to sign a subdivision or reference plan.

(7) An indefeasible title must not be registered for land transferred under subsections (1) and (2).

Extinguishment of highway not shown on plan

109  (1) For the purpose of this section, "highway" means a highway located in a rural area and discontinued and closed by notice published in the Gazette, but does not include a highway dedicated by the deposit under this Act or the former Act of a subdivision or reference plan.

(2) The deposit by the registrar of a subdivision or reference plan that has been approved by a designated highways official

(a) extinguishes a highway in the plan that adjoins on both its sides land the title to which is registered in the name of the subdivider,

(b) vests the title to the highway extinguished in the owner of the land covered by the plan without a further instrument of transfer, and

(c) if the title to the land covered by the plan is subject to a registered charge, extends the charge to include the land covered by the highway extinguished.

Division 9 — Amendment of Plan

Amendment of deposited plan in certain cases

110  (1) If

(a) a portion of a parcel shown on a plan of subdivision has been acquired by the government or by a municipality for, or has been dedicated as, a highway, park or public square,

(b) a portion of a highway, park or public square adjoining a parcel has been acquired by the owner of the parcel, or

(c) a portion of a parcel has been added to an existing adjoining parcel under section 99 (1) (d),

the registrar may

(d) amend in ink other than black the plan on which the parcel is shown so as to show the new boundaries of the respective parcels,

(e) make on the plan a marginal reference to the register if the portion so acquired or added is registered or to the plan or instrument by which the dedication of the portion is effected, and

(f) register new indefeasible titles if the circumstances require.

(2) If the plan of subdivision has been microfilmed, the registrar, instead of making the amendments referred to in subsection (1),

(a) may require the applicant to deposit a reference plan or an explanatory plan showing the new boundaries of the respective parcels, and

(b) must incorporate, with the description shown on the new indefeasible title, a reference to the plan deposited under paragraph (a).

Division 10 — Penalties If Plan Not Deposited

Rights of purchaser when plan not deposited

111  (1) In this section, "contract" includes a transfer.

(2) If a person sells or transfers or agrees to sell or transfer a parcel purporting to be described according to a plan of subdivision before the plan has been deposited under this Act, a purchaser or transferee, or a person claiming under either, who has purchased or accepted delivery of a transfer without knowledge of the nondeposit of the plan, or of the necessity for its deposit, may at his or her option, on acquiring knowledge of it, rescind the contract of purchase and recover

(a) all money paid under it, with lawful interest, and

(b) all taxes paid and other expenses incurred in consequence of the purchase, with lawful interest.

(3) If the contract is rescinded, the purchaser, transferee or other person has a lien for all sums referred to in subsection (2) on the land of the vendor included in the plan of subdivision.

(4) Despite subsections (2) and (3), if the purchaser does not exercise the right to rescind, the vendor remains bound.

(5) Liens created under this section rank equally.

Penalty for failure to deposit plan of subdivision

112  (1) A person who has subdivided land and unreasonably neglects or refuses, after service on him or her of a written demand by a purchaser or other person who has acquired an interest in the land, to deposit the plan of subdivision under this Act within 2 months after service of the demand, must pay to the purchaser or other person a penalty of $500 for each month the neglect or refusal continues.

(2) The penalty may be recovered by the purchaser or other person referred to in subsection (1) in any court in the same manner as a debt.

Division 11 — Statutory Right of Way Plans

Deposit

113  (1) For the purpose of this section, "person" means a person referred to in section 218 (1) (a), (b) or (d) as grantee.

(2) A statutory right of way must not be registered unless a statutory right of way plan is deposited with the registrar or its deposit is dispensed with by the registrar on the ground of hardship or economic loss.

(3) A plan tendered under subsection (2) must

(a) include in its title, if applicable, a reference to the enactment authorizing the acquisition of the statutory right of way, and

(b) comply with section 116 and the rules respecting surveys and plans made under section 385 (5) for the purposes of this section.

(4) The person entitled to the statutory right of way may apply for its registration concurrently with the tendering of the plan or after its deposit.

(5) The registrar must examine the plan and, if satisfied that it complies with this Division, assign to the plan a serial deposit number.

(6) Subject to a contrary enactment, the deposit of a statutory right of way plan unaccompanied by an instrument of grant does not confer an interest in the land affected but if the part of the register relating to the land is stored by electronic means, the registrar must make a note of it in the register against the indefeasible title.

(7) After a plan has been deposited in the land title office, an instrument affecting the land included in the plan must conform to the plan and contain a reference to its deposit number, unless those requirements are dispensed with by the registrar.

Statutory right of way plan may be used in application to register fee simple

114  (1) The registrar may allow a person to use and deposit a statutory right of way plan, instead of a reference plan, if all the following requirements are met:

(a) the registrar is satisfied that the nature of the person's undertaking requires the acquisition of a title in fee simple to the land included within the statutory right of way plan;

(b) the plan is approved by the approving officer in the manner required under this Act for a subdivision plan;

(c) in the case of a plan that establishes a highway, approval of the plan has received the consent of a designated highways official under section 83.1, unless that section does not apply by reason of an order under section 77.1 (1) (c);

(d) the plan complies with this Part and the applicable rules respecting surveys and plans made under section 385 (5).

(2) Subsection (1) (b) and (c) does not apply to a person having a statutory right to acquire compulsorily a parcel smaller than the registered parcel.

(3) If the statutory right of way plan has been deposited before an application for title in fee simple, the approval required by subsection (1) (b) and the consent required by subsection (1) (c) may be given in a separate document of the approving officer, instead of being written on the plan.

Deposit of statutory right of way plan

115  (1) The minister charged with the administration of the Transportation Act may apply to the registrar to deposit a statutory right of way plan in respect of land acquired for a highway, and the registrar, if satisfied that the application and plan are in order, must assign to the plan a serial deposit number.

(2) Concurrently with or following the deposit of the statutory right of way plan, the minister charged with the administration of the Transportation Act may file with the registrar a certificate in the form approved by the director certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the government under section 57 of the Transportation Act or in the BC Transportation Financing Authority under section 58 of that Act, as the case may be.

(3) On the filing of the notice, the registrar must amend the records accordingly.

(4) After complying with subsection (3), the registrar must send a notice in the form approved by the director to the registered owner.

(5) An indefeasible title must not be registered for the land described in the notice but, on compliance with subsection (4), the title to that land ceases to be registered under this Act.

(6) This section applies to plans prepared in accordance with the Surveyor General's regulations respecting highway statutory right of way plans and deposited by the minister charged with the administration of the Transportation Act under this or the former Act but subsections (3) and (4) apply only in so far as the state of business in the land title office makes it possible for the registrar to comply with those subsections.

Requirements of statutory right of way plans

116  (1) A statutory right of way plan tendered to the registrar for deposit under section 113 must, in addition, comply with the following requirements:

(a) the area taken from each section, district lot or parcel, as the case may be, must be shown on the plan;

(b) the boundary lines of each section, district lot or parcel affected by the plan must be shown according to the original survey, and there must also be shown a sufficient number of angular and linear measurements to define the limits of the statutory right of way and to show their connection with each section, district lot or parcel through which the statutory right of way passes;

(c) if the statutory right of way is through land that has been subdivided and shown on any deposited plan, the plan must show distinctly, as to all registered parcels affected by the statutory right of way, the boundaries and designation of each parcel according to the deposited plan, and a sufficient number of angular and linear measurements to show the location and connection of the statutory right of way with each registered parcel and subdivision affected;

(d) except as provided in section 117, the centre line from which measurements to the limits of the statutory right of way are shown must be referenced on the ground by iron posts or equally permanent monuments, so placed as to identify the points of deflection from all tangents, and the plan must show, by angular and linear measurements, the relation of all corners of the land within the statutory right of way plan to those iron posts or monuments;

(e) if transition curves are used on the located centre line of the statutory right of way, they must be replaced in each case on the plan tendered for deposit by a simple curve tangential to the main tangent and compounded with the main curve at its junction with the transition curve, and the simple curve must then be called a terminal curve;

(f) if the limits of the statutory right of way are governed by a circular curve on the centre line, they must be circular curves concentric with and at the appropriate radial distance from the governing centre line curve;

(g) if the limits of the statutory right of way are governed by a transition curve on the centre line, they must be formed by a series of straight lines connecting points at the appropriate distances from the centre line, measured along the radii, or radii produced, or along the line bisecting the angle between contiguous chords of the transition curve, as the case may be.

(2) If there is a statutory right of way through unsurveyed Crown land, it is acceptable to the registrar if a sufficient number of angular and linear measurements are shown on the statutory right of way plan to define the limits of the land affected by the statutory right of way.

Widening of statutory right of way

117  If a statutory right of way

(a) is contiguous to and parallel to a surveyed boundary, or

(b) is shown on a posted statutory right of way plan on deposit, and the statutory right of way is to be widened by the addition of a parallel contiguous strip,

the registrar may, if the application for the registration of the title to the statutory right of way comprising the strip is by way of a charge, accept, instead of a statutory right of way plan, an explanatory plan with no accompanying description.

When water boundary deemed natural boundary

118  (1) If a statutory right of way plan tendered for deposit has endorsed on it a certificate of the Surveyor General certifying that

(a) the water boundary, as shown on the statutory right of way plan, deemed to be the natural boundary, as defined in the Land Act , of the land included within the statutory right of way plan, and

(b) a designated area within the statutory right of way plan, not included in the title of the registered owner to be affected by the deposit of the statutory right of way plan, is incorporated in the registered owner's title,

on the deposit of the statutory right of way plan, and even if

(c) the water boundary shown on the plan does not agree with the natural boundary shown on a plan already on deposit in the land title office, and

(d) the area designated is not included in the registered owner's title,

the certificate is conclusive evidence that

(e) the registered owner has established a good safe holding and marketable title in fee simple to the designated area, and

(f) that the registered owner's indefeasible title to the land adjoining that area is the registered title to that area.

(2) If an indefeasible title under subsection (1) is endorsed with a registered charge, on the deposit of the statutory right of way plan, the charge is extended to include the area referred to in subsection (1).

(3) The registrar, after notice accompanied by a copy of the plan to all affected registered owners, must amend the records accordingly.

(4) The indefeasible title under subsection (1) must be amended by adding to the legal description of the land "including the area designated on SRW Plan No. ...........", followed by the date and the registrar's initials.

(5) The duplicate indefeasible title, if any, and if not on deposit, must be delivered to the registrar, who must return it to the holder after making the necessary amendments.

(6) On amendment of the existing indefeasible title as provided in subsection (4), the registrar may register a new indefeasible title in the name of the registered owner that incorporates the substance of the amendment.

(7) An application under this section for endorsement by the Surveyor General must be accompanied by the fees payable under this Act.

Alteration in deposited statutory right of way plan

119  (1) If an alteration in a deposited statutory right of way plan is necessary to define a subsequently acquired area, the registrar may

(a) authorize the deposit of a supplemental plan prepared by a British Columbia land surveyor showing the alteration, and

(b) if satisfied the supplemental plan is in order, assign to it a serial deposit number and cross reference it with the original statutory right of way plan.

(2) Section 113 (6) applies to a supplemental plan deposited under this section.

Division 12 — Plans and Descriptions to Accompany Bylaws

Municipal bylaw cancelling highway or public square dedication

120  (1) A municipal bylaw cancelling the dedication of all or part of a highway or public square must be filed in the land title office.

(2) In relation to a bylaw under subsection (1), the registrar may accept a reference plan, or an explanatory plan, or a description by apt descriptive words.

(3) On the filing of a bylaw cancelling the dedication of all or part of a highway, the registrar must register the indefeasible title of the property in the name of the municipality, subject to the reservations and exceptions provided in section 50 of the Land Act and section 35 [ownership and possession of highways] of the Community Charter , as if the vesting were made by Crown grant under the Land Act .

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