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Land Title Act

[RSBC 1996] CHAPTER 250

Part 23 — Special Surveys

Definitions

322  In this Part:

"block outline survey" means a survey in which special survey monuments are established at suitable points at or near certain or all street intersections or angles in street lines, or if no street exists, then at other suitable points;

"complete survey" means a survey that, in addition to the requirements for a block outline survey, also defines on the ground every angle of every parcel and is otherwise sufficient as a basis for the preparation of a plan of the land affected in compliance with section 67, or with only those deviations from the requirements of that section that the minister may consider proper under the circumstances of any particular case;

"land title office" means the land title office of the land title district in which the land to which the context applies is located;

"owner" includes the Crown;

"proper officer" means

(a) if the land to which the context applies is located within a municipality, the designated municipal officer, and

(b) if the land to which the context applies is located outside a municipality, the Surveyor of Taxes;

"registered" means registered in the books of the land title office, but when used with respect to the ownership of land held by the Crown includes the Crown whether so registered or not;

"special survey monument" means a monument of a design and character approved by the Surveyor General and lawfully set or established in connection with or in relation to a survey made under this Part or under an Act repealed by the Special Surveys Act, S.B.C. 1922, c. 70.

Minister may order special survey

323  (1) If

(a) an error appears in or doubt exists as to the accuracy of an existing survey or plan,

(b) a discrepancy exists or is thought to exist between the occupation of a parcel and a registered subdivision plan or other plan or description under which it is held,

(c) parcels in which land is held are not shown on a registered subdivision plan,

(d) doubt exists as to the true location of a highway or as to a boundary line between parcels which it is desirable to remove by defining it without dealing with the other boundary lines of contiguous parcels, or

(e) the minister, in his or her discretion, considers it advisable,

the minister,

(f) on the request of the council of the municipality within which the land affected is located, by resolution, undertaking to pay the costs of the special survey either directly or by way of advance,

(g) on the request of the registrar,

(h) on request of 2 or more registered owners of land affected, or

(i) without a request if the minister thinks proper,

may order a special survey of land to be made by a British Columbia land surveyor approved by the Surveyor General, and may require a survey to be made and a plan to be prepared in accordance with this Part.

(2) The minister may delegate to the Surveyor General the minister's powers and duties under this Part.

Apportionment of costs if land within municipality

324  (1) If land affected by the order for a special survey is located within a municipality, all money required to pay the costs and expenses of and incidental to the survey must be advanced out of the treasury of the municipality on vouchers approved by the Surveyor General.

(2) On the completion of the survey, unless the municipal council has passed a resolution that the costs and expenses must be charged directly against the municipality, the costs and expenses must be apportioned in proportion to the respective areas of the parcels comprised within the limits of the survey, and in respect of parcels consisting of highways must be charged against the municipality, and in respect of parcels other than highways must be charged against the respective registered owners of the parcels.

Apportionment of costs if land is in a rural area

325  (1) If land affected by the order for special survey is located in a rural area, all money required to pay the costs and expenses of and incidental to the survey must be advanced out of the consolidated revenue fund, on vouchers approved by the Surveyor General.

(2) On completion of the survey the costs and expenses must be apportioned in proportion to the respective areas of the parcels comprised within the limits of the survey, and in respect of parcels consisting of highways and Crown land must be charged against the government and paid out of the consolidated revenue fund, and in respect of parcels other than highways must be charged against the respective registered owners of the parcels.

(3) The order for the special survey must not take effect until the incurring of the costs and expenses has been approved by the Lieutenant Governor in Council.

Power to amend order if land subsequently becomes included within municipality

326  (1) If land affected by the order for a special survey is located in a rural area, and before the completion of the survey becomes included, either in whole or in part, within a municipality, the costs and expenses as to the area of land comprised in the municipality and their apportionment must be in accordance with section 324, and in respect of the land, if any, not included the costs and expenses and apportionment must be in accordance with section 325.

(2) The minister may order that the municipality pay to the government all money advanced out of the consolidated revenue fund under section 325 in respect of the land included within the municipality.

(3) A special survey to which section 324, 325 or this section applies may be continued without any request or undertaking by way of resolution of the council of the municipality affected.

Advancement of costs by municipality or owners

327  (1) If a special survey is directed in respect of any matter referred to in section 323 (d), the minister may by order require any municipality affected or the registered owners of the land affected to provide the costs and expenses of the survey or a proportionate part of it in advance as a condition to the institution of the survey.

(2) The minister may give directions the minister considers advisable concerning the apportionment of the costs and expenses of the survey.

Transmittal of copy of order to proper officer and registrar

328  (1) On making the order for a special survey, the minister must transmit a certified copy of the order to the proper officer of the municipality or district and to the registrar.

(2) After receipt of the copy the registrar must not allow the registration of any subdivision of any parcel of land comprised within the limits of the special survey until the plan of special survey has been finally received on deposit in the land title office, unless otherwise instructed by the minister.

Notice of special survey

329  (1) On receipt of the copy of the order for a special survey, the proper officer must give to the registered owner of each parcel comprised within the limits of the survey, and to each registered holder of a charge on it, a notice in writing stating the following:

(a) that the order has been made by the minister for a special survey of the land affected, describing it as in the order;

(b) the name of the registered owner of the parcel covered by the notice, and that the parcel is located within the area to be specially surveyed, and that the boundaries of the parcel will be determined by the survey;

(c) the description of the parcel covered by the notice;

(d) the name and address of the surveyor directed to make the survey;

(e) that any information in the possession of the person to whom the notice is given with regard to previous surveys or monuments in the area affected by the order should be given to the surveyor.

(2) The notice under subsection (1) may be given

(a) by personal service on the person to whom it is directed,

(b) by mailing it by letter post, postage prepaid and registered, addressed to the person to whom it is directed at the person's address as shown on any instrument or record by which the person is registered as owner of the parcel affected, or as holder of a charge on it, or at the person's address as last known to the official by whom the notice is given, or

(c) under any direction which may be given by the registrar for the substituted or other service of the notice by any method of service which the registrar is authorized to direct in respect of notices required to be given under this Act.

(3) The proper officer must keep a record of all notices given by the officer under this section by entering in a list the name of the registered owner of each parcel comprised within the limits of the survey, and showing opposite each name the names of the persons to whom notice was given in respect of that parcel and the date and method of service of each notice and, on the completion of giving the notices, the proper officer must transmit to the minister a certified copy of the record kept.

(4) The registrar, on the request of the proper officer, must provide the names of the registered owners of the land affected by the special survey and any other information required, and the registrar must charge fees the registrar sets in each case on the basis of a reasonable return to the land title office for the cost of providing the information.

Surveyor to act under minister

330  The surveyor in charge of the special survey must make the survey and plan under the guidance and instruction of the minister and within whatever period of time may be prescribed by the minister.

Preliminary procedure

331  The surveyor must proceed to retrace the existing outside boundaries of the land described in the order for the special survey, and must report on that to the minister either

(a) that the boundaries are well defined and there is no danger of contest arising with owners outside and adjacent to the special survey area, in which event the surveyor must proceed with the survey without further directions, or

(b) that the boundaries are uncertain and there is danger of a conflict, and, if the circumstances warrant, that a conflict may be avoided or minimized by including in the survey further adjacent land.

Supplemental order or direction of minister

332  On receipt of a report in the terms of section 331 (b) the minister may either

(a) make a supplemental order extending the boundaries of the special survey area to include the land, if any, recommended by the surveyor, and then the order must apply to that land as fully and effectually as if it had been included in the original limits of the special survey, or

(b) direct the surveyor to provide a plan of the external boundaries of the special survey area either as originally defined or as including the adjacent land recommended by the surveyor, or of that portion of the external boundaries as is in doubt, in which case the surveyor must provide a plan showing the adjacent parcels of land, the owners of which would be affected by the final adoption of the boundary lines recommended by the surveyor,

and in any event may amend the termination date of the period within which the survey is to be made if a period has been prescribed under section 330.

Procedure for fixing boundary of survey area

333  (1) On receipt of a plan provided under section 332 (b), the minister must deposit a copy with the proper officer and in the land title office, and the proper officer must give to the registered owner of each parcel adjacent to the boundary line shown on the plan, and to each registered owner of a charge on it, and to another person, as directed by the minister, a notice in writing stating that the plan has been deposited, and that the line as shown on it will be adopted as the boundary line between the special survey area and the adjacent land, and that the interests of the person to whom the notice is directed are affected by the survey, and setting a time and place for the hearing of any complaint that may be made against the adoption of the line as the boundary of the special survey area, and thereafter the procedure under section 344 and following sections, in regard to the filing of objections and hearing, must be followed as far as applicable and with the necessary changes, and the minister must, by supplemental order, fix as the boundary of the special survey area either the line recommended by the surveyor or any other line which on the evidence before him appears as the proper boundary.

(2) The line fixed finally determines the boundary between the land in the special survey area and adjacent land, and if any damages or compensation are awarded to the registered owners of land outside the special survey area they form part of and must be paid out of the same fund as the expenses of the survey.

Transmittal of copy of supplemental order to proper officer and registrar

334  (1) If a supplemental order is made under either section 332 or 333, a certified copy of it must be transmitted to the proper officer, who must give to registered owners of land in the added area the same notice as is called for by section 329.

(2) A certified copy of the supplemental order must also be transmitted to the registrar.

Guiding principles for surveyor

335  (1) In making the survey the surveyor must re-establish as nearly as possible the existing survey, but the surveyor may depart from existing boundaries in order to establish boundaries in agreement with occupation and improvements.

(2) The surveyor must endeavour to make adjustments that will reduce the total amount of compensation to a minimum and, without limiting the generality of the foregoing provisions, the surveyor may in particular distribute any shortage in area within a block or group of parcels, having regard to occupation and improvements, and may similarly allot a surplus to a registered owner willing to pay compensation, or create a separate parcel to be disposed of for the reduction of the cost and expenses of the survey.

Nature of survey

336  (1) The surveyor must limit the survey to a block outline survey where the survey would accomplish the object of the special survey, but where a block outline survey would not have that effect the surveyor must make an effective survey which may be in part a complete survey and in part a block outline survey, as the surveyor thinks advisable.

(2) The surveyor must, on written request of the registered owner of a parcel, preferred while the survey is in progress, make a complete survey of that parcel, and the additional cost occasioned by it must be borne by the registered owner and charged against the land affected on the completion of the survey.

Plans

337  (1) In preparing a special survey plan the surveyor must show on it the boundaries of all parcels with their dimensions, although the surveyor has not actually run the boundaries on the ground.

(2) Where lines have been run and monuments established the location of them must be shown on the plan.

Appointment of substituted surveyor

338  (1) The minister may, after a special survey has been ordered, appoint another surveyor approved by the Surveyor General in the place of the surveyor directed to make the survey, and may, by the order appointing the substituted surveyor, direct that as much of the special survey as had been made by the surveyor first appointed must be adopted and made use of by the substituted surveyor, and may then, or after the completion of the special survey, determine how and by whom the work of the surveyor first appointed is to be certified or otherwise authenticated.

(2) The special survey, although made by more than one surveyor, is, on its final approval, as valid and binding for all purposes as if made by the surveyor first appointed.

Report of surveyor

339  (1) On completion of the survey, the surveyor must prepare and deposit with the minister a plan in triplicate, together with 3 blue print copies of it on blue print cloth, and a report in triplicate, which must deal with the cost of the survey, the difficulties encountered, the evidence concerning the re-establishment of original and lost monuments, the system of survey employed, the degree of accuracy obtained and the nature of all monuments erected, and must provide other information bearing on the survey as may be of service in the consideration of the report and plan.

(2) The surveyor must include in the report in concise and tabulated form

(a) a list of all parcels comprised within the limits of the survey, with the names of the respective registered owners,

(b) a list of all parcels the boundaries of which appear as altered by the plan, with a statement showing how they are altered,

(c) a statement of the costs and expenses of the survey, showing the respective areas of parcels consisting of highways or Crown land, and of land of private owners, and an apportionment of the costs and expenses in accordance with sections 324, 325 and 326, and

(d) a statement containing an estimate of the damage or increased value of each parcel occasioned by the alterations affected by the plan, and showing in detail a just and equitable apportionment among the registered owners of the parcels affected, and the method adopted as the basis of the apportionment in each case.

Notice to registrar

340  On receipt of the surveyor's report, the minister must transmit one of the blue print copies of the plan and a copy of the report to the registrar, together with a notice stating that the special survey has been completed and the plan deposited by the surveyor under this Part.

Notice to corporate officer

341  The minister must also transmit to the corporate officer of the municipality or regional district in which the land affected is located one of the blue print copies of the plan and a copy of the report, together with a notice stating that the special survey has been completed and the plan deposited by the surveyor under this Part.

Notice of completion of survey

342  (1) On receipt of the notice from the minister, the proper officer must give to the same persons to whom notice is required to be given under section 329, and in the same manner as provided for the giving of notices under that section, a notice containing a copy of section 344, and stating that the special survey has been completed and that copies of the plan and the surveyor's report may be inspected in his or her office and in the land title office and that the interests of the persons to whom the notice is directed may be affected by the survey, and that a time and place will be set by the minister for hearing complaints and claims for compensation, and that notice of the time and place will appear in the Gazette and in a newspaper circulating in the area in which the land affected by the special survey is located.

(2) The proper officer must keep a record of all notices given by the officer under this section, in the same manner as provided for the keeping of a record under section 329, and must, on completion of the giving of notices required by this section, transmit to the minister a certified copy of the record.

Notice of hearing

343  The minister must publish in the Gazette and in a newspaper circulating in the area in which the land affected by the special survey is located a notice stating that the plan of special survey, accompanied by a report of the surveyor, has been deposited with the minister and will be submitted to the Lieutenant Governor in Council for approval under this Part and setting a time and place for the hearing of complaints against the survey plan or report, or claim for compensation that may be made by any person interested in the land affected by the survey.

Statement of complaint or claim

344  A person who wishes to complain against the special survey plan or report or to claim compensation must, not less than 7 days before the date set for the hearing, deliver to the minister a written statement setting out the nature and grounds of the complaint or claim.

Hearing by minister or other person appointed by him

345  The minister may hear the complaints or claims made under this Part, or may appoint some other person to conduct any hearing and to report on it.

Subpoena

346  (1) The minister or the person appointed to conduct the hearing, or, on the order of either of them, any person interested, may obtain and issue out of the Supreme Court a subpoena commanding the attendance for examination of a witness and the production by that witness of any document or plan at the time and place mentioned in the subpoena.

(2) Disobedience of a subpoena issued under subsection (1) is deemed to be a contempt of court, and is punishable in the same manner and to the same extent as in the case of subpoenas issued out of the Supreme Court in civil causes.

(3) The same fees are payable for subpoenas issued under this Part as in the case of subpoenas issued out of the Supreme Court in civil causes, and the witnesses are entitled to the same allowances for their attendance at the hearing as in cases of attendance under subpoena in the Supreme Court in civil causes.

Method of conducting hearing

347  (1) The minister or person appointed to conduct the hearing may in the hearing receive any evidence which he or she thinks proper to admit, and may take a view, and may examine on oath any person interested and such witnesses as appear before him or her, and may adjourn the hearing whether or not any of the persons interested are present at the time of the adjournment.

(2) At the conclusion of the hearing the person appointed to conduct the hearing must report to the minister the person's recommendations, together with the evidence and exhibits.

Power of minister to decide complaints and claims and make order

348  If no complaint or claim for compensation in writing has been delivered to the minister within the time allowed for the delivery of complaints and claims, then at any time after that, or if any complaint or claim has been delivered, then on or after the hearing of the complaint or claim, or on the report of the person appointed to conduct the hearing, or on further investigation or evidence, the minister may, by order,

(a) adopt or vary the reports of the surveyor and of the person appointed to conduct the hearing,

(b) decide the matter of any complaint or claim in a manner as to the minister appears just and equitable under all the circumstances,

(c) set the amount of compensation to which a complainant will be entitled because of the adoption of the special survey and plan,

(d) determine in conformity with the report of the surveyor, or person appointed to conduct the hearing or otherwise, the amounts of compensation to which persons other than the complainants are entitled,

(e) direct that the compensation awarded to one or more or to all claimants be paid by the municipality or by the Crown, or by the registered owner of any parcel receiving unequal benefit from the survey, and in the last mentioned case direct that the amount of compensation be paid to the municipality or the Crown to be paid out to the person entitled to it on payment of or after deduction of the person' share of the costs and expenses of the survey,

(f) direct that the compensation be paid by the municipality or the Crown as part of the expenses of the survey,

(g) specify the land within the special survey area which is to be charged with compensation paid under paragraph (f), and direct the manner in which the compensation is to be apportioned,

(h) determine the amount of costs and expenses of the special survey, including fees of a person appointed to perform a function under this Part, costs of serving notices, witness fees, advertising and other expenses in connection with the survey; and order to and by what persons and in what proportions or amounts the costs and expenses are to be chargeable and payable, and

(i) determine or direct any other matter necessary in connection with the survey, including alterations in the plan and in the markings on the ground, and the manner in which the title to any parcel may be vested or the parcel disposed of, and also the manner and the time within which fences, buildings and other structures may be torn down, removed or dealt with.

Principles for determining compensation

349  In determining all questions relating to compensation, the minister must be guided by the principle that as the survey was undertaken for the benefit of all registered owners within the special survey area, such registered owners should in proportion to the area of their respective parcels share any loss and any advantage occasioned by and accruing from the special survey, and that if for the general benefit or for the preservation of individual improvements the surveyor has reduced the area of any parcel, the registered owner should receive compensation from the registered owner benefited or from a general fund formed by payments from the registered owners benefited, as the case may be, and that any registered owner who has been benefited should contribute an adequate amount to the general fund or pay it to the registered owner who has suffered loss, as the case may be.

Approval of survey and plan by Lieutenant Governor in Council

350  At any time after the minister has disposed of the complaints against the special survey and claims, if any, and without further notice to the parties interested, the Lieutenant Governor in Council may by order in council, embodying in it the order made by the minister under section 348,

(a) confirm the order and findings of the minister made under section 348,

(b) approve of the special survey and plan or any part of it,

(c) declare the special survey and plan, or such portion of it as the Lieutenant Governor in Council may approve of, to be the true and correct survey and plan of the land affected,

(d) declare that all boundaries and lines fixed by the special survey and plan are the true boundaries and lines, whether of highways, rivers or creeks, when the rivers or creeks are defined on the plan by measurements or lines in a manner as to be capable of absolute location on the ground, or as between adjoining owners or between adjoining parcels, and whether or not the boundaries and lines were before that the true boundaries and lines, and

(e) declare, with reservations as are expedient, that the plan approved must be substituted for all former plans or surveys of the land affected which have before that been registered, or for the corresponding portions of those former plans or surveys.

Power to vest land

351  (1) The Lieutenant Governor in Council may by the same or by a subsequent order vest in the Crown or the municipality, as the case may be, land which is by the special survey added to any previously existing highway, and may in the same manner vest in the registered owner of any previously existing parcel any land which is by the special survey added to that parcel, or if the Crown is the owner of the parcel may vest in the Crown the land added, or in the same manner may make any further vesting or other order necessary to carry out the order of the minister.

(2) An order vesting land under this section is not an expropriation under the Expropriation Act.

Notice of order in council approving of survey

352  (1) A notice of the order in council approving of the special survey and plan must be published in the Gazette, and when published is conclusive evidence of the order in council and of the approval of the survey and plan, and of the regularity of all proceedings leading up to the making of the order in council.

(2) Except insofar as it may be set aside or varied on appeal under this Part, the order in council must not be set aside on any ground.

(3) The order in council, unless appealed from, takes effect on being registered at or after the expiration of 20 days from the date of publication of the notice in the Gazette, and if appealed from takes effect in accordance with the final judgment given on appeal on being registered together with a certified copy of the final judgment.

(4) On the taking effect of the order in council the special survey and plan as finally approved are final and binding on all persons.

Appeal

353  (1) Any decision, order or direction of the minister given or made under this Part and embodied in the order in council approving the special survey and plan is subject to an appeal to the Court of Appeal.

(2) The Court of Appeal must decide the matter brought before it on appeal as it considers just and equitable, and the decision of the Court of Appeal is subject to appeal in the same manner as decisions of that court on appeal from a final judgment in civil causes.

(3) On every appeal the court appealed to may award compensation to any party to the appeal as the court thinks proper, and may direct by whom it must be paid, and may vary or amend the decision, order or direction appealed from, and may direct the special survey and plan to be amended by the minister in accordance with the decision on appeal, and may, if it thinks necessary, refer the whole matter back to the minister in order that the judgment of the court may be embodied in a new report and submitted to the Lieutenant Governor in Council, and may award costs and direct that they must be paid by a party to the appeal, or that they must form part of the costs of the survey.

(4) Evidence must not be given or heard on an appeal under this section other than that given or heard before the minister at the time the decision, order or direction appealed from was given or made.

Entry of appeal

354  (1) The appeal must be entered for hearing in the court, and notice of the appeal delivered at the office of the minister and to the registrar, and served on all persons whose interests are directly affected, within 20 days from the date of publication in the Gazette of the notice of the order in council as provided in this Part.

(2) An appeal of which notice has been served on the minister and registrar does not abate because of it not having been served on other persons directly affected, but the court may, on terms it thinks just, allow an adjournment and direct any person affected to be served, and may specify the method of service.

Registration

355  (1) A certified copy of the order in council, together with the plan of special survey, must be at once transmitted by the clerk of the Executive Council to the registrar, and on the expiration of 20 days from the date of publication in the Gazette of the notice of the order in council as provided in this Part without any appeal being taken, the registrar must register it in the manner provided in this Part.

(2) If an appeal is taken, the minister must, on the giving of final judgment in the appeal, transmit a certified copy of the judgment to the registrar, and if the judgment refers the matter back to the minister and a further order in council is passed, the clerk of the Executive Council must transmit a certified copy of the order to the registrar.

(3) The registrar, on receipt of the final judgment or the order in council, as the case may be, must, subject to any further appeal, register it, together with the plan, in the manner provided.

Method of registration

356  (1) Registration is effected by endorsing on the order in council and on the judgment, if any, the following memorandum signed by the registrar and impressed with the official seal of the land title office, and the memorandum is conclusive evidence of the registration of the instruments and of the time of registration:

The within document, together with the plan of the special survey referred to, was registered .................. [month, day, year]. Filed as No. ...................., documents filed, and plan deposited as No. .................... , plans deposited.

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

Registrar

(2) An endorsement of the registration of the order in council and special survey plan and judgment, if any, must be made against the indefeasible title of every parcel of land affected by the special survey by noting the following information:

Special Survey Plan No. ............................ and order in council approving same (and judgment) filed as No. ......................., and registered ....................... [month, day, year].

(3) The registrar must, when necessary, correct indefeasible titles in accordance with the order in council and special survey plan, and duplicate indefeasible titles must, on request, be delivered to the registrar for similar correction.

Effect of registration

357  (1) On registration of the order in council and plan, the plan of special survey becomes the official plan of the land comprised within the limits of the plan or part of it approved, and is binding on all persons, and all amounts of compensation, costs and expenses which by the terms of the order are charged against the registered owner of any parcel shown on the plan become a lien on that parcel respectively in favour of the government or the municipality, or the person entitled to receive it, as the case may be, and are assessable and collectable in the manner provided.

(2) If the plan shows an increase in the area of a parcel, as compared with the original or previously existing survey or plan covering that parcel, the plan as registered operates as a conveyance to the registered owner of that parcel of the area added to that parcel by the taking effect of the plan of special survey free of all charges to which it may have been previously subject, but subject to all charges which exist against the parcel of which it becomes a part, unless a contrary intention is expressed in the order in council with which the plan is registered.

Notice of registration

358  On registration of the order in council and plan, the registrar must notify the proper officer that the order and plan have been registered, and must forward to him a copy of the order and a blue print of the plan as registered, which copy and blue print the minister must supply to the registrar for that purpose.

Assessment within municipalities

359  (1) If the land affected is located within a municipality, and amounts of costs, expenses or fees have been charged by the terms of the order in council against the registered owners of parcels shown on the plan, the council of the municipality must by bylaw specially assess those parcels for the amounts charged against them respectively, and the following provisions apply to the special assessment:

(a) the amounts assessed are payable in one payment or by annual installments extending over a period not exceeding 10 years, as the council may prescribe;

(b) in setting the amount of annual installments a sum sufficient to cover interest on deferred payments at a rate not exceeding 8% per year must be added;

(c) the council may prescribe terms and conditions on which any person whose parcel is specially assessed may commute by a payment in cash the annual installments imposed on it;

(d) every general or special Act applicable to the collection and recovery of taxes in the municipality and the proceedings which may be taken in default of payment apply to the special assessment and all amounts payable under it.

(2) If compensation has been ordered to be paid to the municipality, the municipality may assess the parcels on which it is by this Part made a lien for the amount of the compensation, in the manner provided in subsection (1) for the assessment of the amounts of costs, expenses and fees.

Assessment in rural area

360  (1) If the land affected is located in a rural area, and amounts of costs, expenses or fees have been charged by the terms of the order in council against the registered owners of any parcels shown on the plan, the Surveyor of Taxes must specially assess those parcels for the amounts charged against them respectively, and the following provisions apply to the special assessment:

(a) the amounts assessed are payable in one payment, or, if directed by the Lieutenant Governor in Council, may be made payable by annual installments extending over a period not exceeding 10 years;

(b) in setting the amount of annual installments a sum sufficient to cover interest on deferred payments at a rate not exceeding 8% per year must be added;

(c) the Lieutenant Governor in Council may prescribe terms and conditions on which any person whose parcel is specially assessed may commute by a payment in cash the annual installments imposed on it;

(d) any Act applicable to the collection and recovery of Provincial taxes imposed on land and proceedings which may be taken in default of payment apply to the special assessment and all amounts payable under it.

(2) If compensation has been ordered to be paid to the Crown, the Surveyor of Taxes may assess the parcels on which it is by this Part made a lien for the amount of the compensation, in the same manner as provided in subsection (1) for the assessment of the amounts of costs, expenses and fees.

Duty of surveyor to destroy conflicting monuments

361  (1) On receipt of notice from the minister of the taking effect of the order in council approving of a special survey under this Part, the surveyor who completed the survey must remove all survey posts, stakes or monuments standing or being on the land comprised within the limits of the survey prior to the special survey, and which are liable to lead to confusion in connection with the special survey.

(2) If for any reason any existing post, stake or monument has been used or adopted by the surveyor as the post, stake or monument of the special survey, the surveyor must obliterate all marks on the post, stake or monument, except the marks placed on it or adopted by the surveyor in the making of the special survey.

Recovery of compensation and costs

362  If the order of the minister embodied in the order in council registered directs an amount of compensation to be charged to and payable by any person, the amount may be recovered by action in any court of competent jurisdiction as for a debt due to the person to whom it is directed to be paid, and the court may order a sale of the land affected to enforce the lien given by section 357.

Removal of special survey monuments

363  (1) A person must not, unless acting under the written authority of the Surveyor General, pull down, deface, alter, remove or cover up or render inaccessible any special survey monument.

(2) If in the carrying out of public or private works it is found necessary to remove or cover up or render inaccessible any special survey monument, the person carrying on the works may give the Surveyor General notice in writing that it is necessary to remove the special survey monument, and the Surveyor General must at once take the steps the Surveyor General deems necessary for ensuring the correct re-establishment of the special survey monument on the completion of the works, either at the place where it formerly stood or at another place the Surveyor General directs, and the entire cost and expenses incurred by the Surveyor General in connection with the removal and re-establishment of a special survey monument must be paid to the Surveyor General by the person at whose instance the removal of it is made, and may be recovered by action in any court as for a debt due to the government.

(3) If the special survey monument is re-established at a place other than where it formerly stood, the Surveyor General must by notice in writing direct the registrar to make all notations on the registrar's records necessary to show the removal and re-establishment of that special survey monument.

Power of Lieutenant Governor in Council to correct errors

364  The Lieutenant Governor in Council may by order on the application of the municipal council of any municipality to which the plan of a special survey relates, after notice to all parties affected, and on terms and conditions the Lieutenant Governor in Council deems proper, amend a plan and a duplicate or copy of it, and may also by order correct a clerical error or omission appearing in the plan of any special survey, and in a copy or duplicate of it.

Offence and penalty

365  (1) A person who wilfully covers up or renders inaccessible a special survey monument in contravention of section 363 is liable on conviction to a penalty of not less than $50 and not more than $500.

(2) A person who employs a servant or worker who while in the person's employ wilfully covers up or renders inaccessible a special survey monument in contravention of this section is liable on conviction to a penalty of not less than $250 and not more than $500.

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