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Municipal Replotting Act

[RSBC 1996] CHAPTER 323

Contents
Part 1
1-5.1Revised
6Not enacted
6.1-6.2Revised
6.3Not enacted
6.4-6.6Revised
6.7Not enacted
6.8 and 6.9Revised
Part 1.1
5Repealed, and re-enacted
6Repealed
6.1-6.2Repealed, and re-enacted
6.3Repealed
6.4-6.6Repealed, and re-enacted
6.7Repealed
Part 2-23
7—15Revised
16Repealed
17-18Revised
19Repealed
20-24Revised
25Repealed
26-27Revised
28Repealed
29Revised
30Repealed
31-57.1Revised
58Repealed
59-74Revised
75Repealed
76-78Revised
79Repealed
80-82Revised
83-93Repealed
94-152Revised
152.1Repealed
153-159Revised
160Repealed
161-172Revised
172.1-172.91Repealed
173-177Revised
178-179Repealed
180-188Revised
189Repealed
190-206.1Revised
207-209Repealed
210Revised
211Repealed
212Revised
212.1Repealed
213-214Repealed
215-217
218-219Revised
220-221Repealed
222Repealed
222.1Revised
223-224Repealed
225-226Repealed
227Revised
228-231Repealed
232-235Repealed
236-237.1Revised
238-241Repealed
242Repealed
242.1-242.8Repealed
243-251Repealed
252-253Repealed
254-256Repealed
257-259.3Repealed
260-269Revised
270Repealed
271-280.6Repealed
281Revised
282Repealed
283-291Revised
292Repealed
293-298Revised
299Repealed
300Revised
301Repealed
301.1Revised
301.11Repealed
301.2-304Revised
305-305.2Repealed
306-309Revised
309.1Repealed
310-312Revised
313Repealed
314-314.1Revised
315Repealed
315.1-315.3Revised
316-326Repealed
327-338Repealed
339-351Repealed
352-353Revised
354Repealed
355-358Repealed
359-362Repealed
363-364Revised
365—383Repealed
384-387Repealed
388Repealed
389-395Repealed
396-402Repealed
403—427Revised
428Repealed
429-447Repealed
448-449Repealed
450Repealed
451Repealed
452Repealed
453-479Repealed
480Repealed
481Repealed
482-483Repealed
484Repealed
485Repealed
486Repealed
487-502Repealed
503Repealed
504Repealed
505-506Repealed
507-508Repealed
509Repealed
510-516Repealed
517-521Repealed
522—523Revised
524—539Repealed
540—544Revised
545Repealed
546—548Revised
549Repealed
550—553Revised
554Repealed
555Revised
556-575Repealed
576Repealed
577-584Repealed
585-592Repealed
593Repealed
594-599Repealed
600Repealed
601-604Repealed
605Repealed
606Repealed
607-609Repealed
610-614Repealed
615-619Repealed
620-651.2Repealed
652-656Repealed
657Revised
658—663Repealed
664—672Revised
673-679Repealed
680Repealed
681-682Repealed
683Repealed
684-691Repealed
692Repealed
693Repealed
693.01Repealed
693.1-698Revised
699-701Repealed
702Repealed
702.1—703Revised
704—706Repealed
707—707.1Revised
708-715Repealed
716Repealed
717Repealed
718Repealed
719Repealed
720-722.1Repealed
723—725Revised
725.1Repealed
726Revised
727—727.1Repealed
728—729Revised
730Repealed
731—772Revised
Part 24 — Regional Districts
Division 1 to 3.1
773Repealed
774-774.2Revised
775Repealed
776-777.1Revised
778-779.3Repealed
780-787.1Revised
788-789Repealed
790Repealed
791-795.43Revised
795.5Repealed
Division 4 — Services and Powers
796-796.3Revised
797Repealed
797.1Revised in part; unrevised portion not consolidated
797.2Repealed
797.3-799.2Revised
Division 4.1 to 6
800-819Revised
820Repealed
821-826Revised
827Repealed
828-836Repealed
837-838Revised
839Repealed
840Revised
841Repealed
842-845.3Repealed
846-847Revised
Part 25-27
848-879Revised
879.1-880Repealed
881-882Revised
883Repealed
884Revised
885Repealed
886-889Repealed
890-896Revised
897Repealed
898-912Revised
913Repealed
914-941.1Revised
942Repealed
943-946.2Revised
946.3Repealed
947-950Revised
951Repealed
952-981Revised
Part 28 — Replotting Schemes
Division 1 — Interpretation
982Definitions
983Application of Part
Division 2 — Preparation and Initiation of Scheme
984Preliminary definition of district
985Information included in scheme
986General principles of replotting
987Reallotment of parcels
988Municipality may acquire charges
989Notice requirements for initiation of a scheme
990General consent of owners to scheme
991Consents binding on owners once given
992Alterations to scheme may require new consents
993Initiation of scheme by registration of resolution
994Effect of initiation
995Resolution to complete or discontinue scheme
Division 3 — Implementation and Completion of Scheme
996Registration of common mass
997Effect of deposit of reference plan
998Registration for owners of new parcels
999Rights of ownership and charges transferred
Division 4 — Complaints Regarding Compensation
1000Allotments binding, although owners may complain regarding compensation
1001Compensation for loss and damage
1002Appointment of commissioner
1003Replacement of commissioner
1004Notice to owners who do not consent
1005Time and place to hear complaints
1006Hearing by commissioner
1007Commissioner's powers and report
1008Appeal to Supreme Court
1009Payment of compensation
Division 5 — General
1010Removal of buildings
1011Accounts and apportionment
1012Former highways to be maintained
1013Limitation of claims
1014Disposal of municipal parcels
1015Taxation during proceedings
1016List of owners must be provided to municipality
1017Land title fees
1018Questions may be referred to Supreme Court
Part 29-30 — Revised
1019-1040Revised

Part 1

Revised

1-5.1  [Revised as RS2015-1.]

Not enacted

6  [Not enacted under Part 1; see Part 1.1.]

Revised

6.1-6.2  [Revised as RS2015-1.]

Not enacted

6.3  [Not enacted under Part 1; see Part 1.1.]

Revised

6.4-6.6  [Revised as RS2015-1.]

Not enacted

6.7  [Not enacted under Part 1; see Part 1.1.]

Revised

6.8 and 6.9  [Revised as RS2015-1.]

Part 1.1

Repealed, and re-enacted

5  [Repealed, and re-enacted in Part 1, 2003-52-163.]

Repealed

6  [Repealed 1999-6-23.]

Repealed, and re-enacted

6.1-6.2  [Repealed, and re-enacted in Part 1, 2003-52-163.]

Repealed

6.3  [Repealed 2000-7-3.]

Repealed, and re-enacted

6.4-6.6  [Repealed, and re-enacted in Part 1, 2003-52-163.]

Repealed

6.7  [Repealed RS1996-323-6.7 (6).]

Part 2-23

Revised

7—15  [Revised as RS2015-1.]

Repealed

16  [Repealed 1998-34-5.]

Revised

17-18  [Revised as RS2015-1.]

Repealed

19  [Repealed 2003-52-170.]

Revised

20-24  [Revised as RS2015-1.]

Repealed

25  [Repealed 2003-52-172.]

Revised

26-27  [Revised as RS2015-1.]

Repealed

28  [Repealed 2008-42-48.]

Revised

29  [Revised as RS2015-1.]

Repealed

30  [Repealed 2008-42-50.]

Revised

31-57.1  [Revised as RS2015-1.]

Repealed

58  [Repealed 2008-5-3.]

Revised

59-74  [Revised as RS2015-1.]

Repealed

75  [Repealed 2014-19-47.]

Revised

76-78  [Revised as RS2015-1.]

Repealed

79  [Repealed 2014-19-50.]

Revised

80-82  [Revised as RS2015-1.]

Repealed

83-93  [Repealed 2014-19-53.]

Revised

94-152  [Revised as RS2015-1.]

Repealed

152.1  [Repealed 2014-19-68.]

Revised

153-159  [Revised as RS2015-1.]

Repealed

160  [Repealed 2003-52-183.]

Revised

161-172  [Revised as RS2015-1.]

Repealed

172.1-172.91  [Repealed 2003-52-185.]

Revised

173-177  [Revised as RS2015-1.]

Repealed

178-179  [Repealed 2003-52-190.]

Revised

180-188  [Revised as RS2015-1.]

Repealed

189  [Repealed 2003-52-197.]

Revised

190-206.1  [Revised as RS2015-1.]

Repealed

207-209  [Repealed 2003-52-208.]

Revised

210  [Revised as RS2015-1.]

Repealed

211  [Repealed 2003-52-210.]

Revised

212  [Revised as RS2015-1.]

Repealed

212.1  [Repealed 1998-34-36.]

Repealed

213-214  [Repealed 2003-52-212.]

215-217  [Repealed 1999-37-56.]

Revised

218-219  [Revised as RS2015-1.]

Repealed

220-221  [Repealed 2003-52-215.]

Repealed

222  [Repealed 2003-52-217.]

Revised

222.1  [Revised as RS2015-1.]

Repealed

223-224  [Repealed 2003-52-219.]

Repealed

225-226  [Repealed 1999-37-58.]

Revised

227  [Revised as RS2015-1.]

Repealed

228-231  [Repealed 2003-52-221.]

Repealed

232-235  [Repealed 2003-52-223.]

Revised

236-237.1  [Revised as RS2015-1.]

Repealed

238-241  [Repealed 2003-52-225.]

Repealed

242  [Repealed 2000-7-28.]

Repealed

242.1-242.8  [Repealed 2003-52-226.]

Repealed

243-251  [Repealed 2003-52-226.]

Repealed

252-253  [Repealed 1999-37-65.]

Repealed

254-256  [Repealed 1999-37-66.]

Repealed

257-259.3  [Repealed 2003-52-228.]

Revised

260-269  [Revised as RS2015-1.]

Repealed

270  [Repealed 1999-37-70.]

Repealed

271-280.6  [Repealed 2003-52-230.]

Revised

281  [Revised as RS2015-1.]

Repealed

282  [Repealed 2003-52-232.]

Revised

283-291  [Revised as RS2015-1.]

Repealed

292  [Repealed 1997-25-71.]

Revised

293-298  [Revised as RS2015-1.]

Repealed

299  [Repealed 2003-52-243.]

Revised

300  [Revised as RS2015-1.]

Repealed

301  [Repealed 2003-52-245.]

Revised

301.1  [Revised as RS2015-1.]

Repealed

301.11  [Repealed 2003-52-247.]

Revised

301.2-304  [Revised as RS2015-1.]

Repealed

305-305.2  [Repealed 2003-52-249.]

Revised

306-309  [Revised as RS2015-1.]

Repealed

309.1  [Repealed 2003-52-252.]

Revised

310-312  [Revised as RS2015-1.]

Repealed

313  [Repealed 2003-52-252.]

Revised

314-314.1  [Revised as RS2015-1.]

Repealed

315  [Repealed 2003-52-253.]

Revised

315.1-315.3  [Revised as RS2015-1.]

Repealed

316-326  [Repealed 1998-34-51.]

Repealed

327-338  [Repealed 2003-52-254.]

Repealed

339-351  [Repealed 2003-52-256.]

Revised

352-353  [Revised as RS2015-1.]

Repealed

354  [Repealed 1999-37-97.]

Repealed

355-358  [Repealed 2003-52-260.]

Repealed

359-362  [Repealed 2003-52-262.]

Revised

363-364  [Revised as RS2015-1.]

Repealed

365—383  [Repealed 2003-52-268.]

Repealed

384-387  [Repealed 1999-37-102.]

Repealed

388  [Repealed 1998-34-64.]

Repealed

389-395  [Repealed 1999-37-102.]

Repealed

396-402  [Repealed 2003-52-268.]

Revised

403—427  [Revised as RS2015-1.]

Repealed

428  [Repealed 2003-52-274.]

Repealed

429-447  [Repealed 1999-37-107.]

Repealed

448-449  [Repealed 1999-37-108.]

Repealed

450  [Repealed 1998-34-73.]

Repealed

451  [Repealed 1999-37-108.]

Repealed

452  [Repealed 1998-34-74.]

Repealed

453-479  [Repealed 1999-37-108.]

Repealed

480  [Repealed 2003-52-275.]

Repealed

481  [Repealed 1999-37-109.]

Repealed

482-483  [Repealed 2003-52-275.]

Repealed

484  [Repealed 1999-37-110.]

Repealed

485  [Repealed 2003-52-275.]

Repealed

486  [Repealed 1998-34-88.]

Repealed

487-502  [Repealed 2003-52-275.]

Repealed

503  [Repealed 1999-37-118.]

Repealed

504  [Repealed 2003-52-275.]

Repealed

505-506  [Repealed 1999-37-119.]

Repealed

507-508  [Repealed 1999-37-120.]

Repealed

509  [Repealed 1999-25-95.]

Repealed

510-516  [Repealed 1999-37-120.]

Repealed

517-521  [Repealed 2003-52-277.]

Revised

522—523  [Revised as RS2015-1.]

Repealed

524—539  [Repealed 2003-52-280.]

Revised

540—544  [Revised as RS2015-1.]

Repealed

545  [Repealed 2003-52-285.]

Revised

546—548  [Revised as RS2015-1.]

Repealed

549  [Repealed 2003-52-289.]

Revised

550—553  [Revised as RS2015-1.]

Repealed

554  [Repealed 2003-52-294.]

Revised

555  [Revised as RS2015-1.]

Repealed

556-575  [Repealed 1999-37-121.]

Repealed

576  [Repealed 1998-34-119.]

Repealed

577-584  [Repealed 1999-37-121.]

Repealed

585-592  [Repealed 1999-37-122.]

Repealed

593  [Repealed 1998-34-124.]

Repealed

594-599  [Repealed 1999-37-122.]

Repealed

600  [Repealed 1998-34-127.]

Repealed

601-604  [Repealed 1999-37-122.]

Repealed

605  [Repealed 1998-34-128.]

Repealed

606  [Repealed 1999-37-122.]

Repealed

607-609  [Repealed 2003-52-296.]

Repealed

610-614  [Repealed 1999-37-123.]

Repealed

615-619  [Repealed 2000-7-59.]

Repealed

620-651.2  [Repealed 2003-52-296.]

Repealed

652-656  [Repealed 2003-52-299.]

Revised

657  [Revised as RS2015-1.]

Repealed

658—663  [Repealed 2003-52-301.]

Revised

664—672  [Revised as RS2015-1.]

Repealed

673-679  [Repealed 1999-37-149.]

Repealed

680  [Repealed 2003-52-302.]

Repealed

681-682  [Repealed 1999-37-149.]

Repealed

683  [Repealed 1999-25-124.]

Repealed

684-691  [Repealed 1999-37-149.]

Repealed

692  [Repealed 2015-2-54.]

Repealed

693  [Repealed 2015-2-55.]

Repealed

693.01  [Repealed 2016-5-23.]

Revised

693.1-698  [Revised as RS2015-1.]

Repealed

699-701  [Repealed 2003-52-312.]

Repealed

702  [Repealed 1997-25-127.]

Revised

702.1—703  [Revised as RS2015-1.]

Repealed

704—706  [Repealed 2003-52-315.]

Revised

707—707.1  [Revised as RS2015-1.]

Repealed

708-715  [Repealed 2003-52-317.]

Repealed

716  [Repealed 2003-52-318.]

Repealed

717  [Repealed 1999-37-155.]

Repealed

718  [Repealed 2003-52-318.]

Repealed

719  [Repealed 1998-34-148.]

Repealed

720-722.1  [Repealed 2003-52-318.]

Revised

723—725  [Revised as RS2015-1.]

Repealed

725.1  [Repealed 2003-52-322.]

Revised

726  [Revised as RS2015-1.]

Repealed

727—727.1  [Repealed 2003-52-324.]

Revised

728—729  [Revised as RS2015-1.]

Repealed

730  [Repealed 2000-7-67.]

Revised

731—772  [Revised as RS2015-1.]

Part 24 — Regional Districts

Division 1 to 3.1

Repealed

773  [Repealed 2003-52-333.]

Revised

774-774.2  [Revised as RS2015-1.]

Repealed

775  [Repealed 2000-7-88.]

Revised

776-777.1  [Revised as RS2015-1.]

Repealed

778-779.3  [Repealed 1998-34-152.]

Revised

780-787.1  [Revised as RS2015-1.]

Repealed

788-789  [Repealed 2000-7-94.]

Repealed

790  [Repealed 2000-7-95.]

Revised

791-795.43  [Revised as RS2015-1.]

Repealed

795.5  [Repealed 2013-2-25.]

Division 4 — Services and Powers

Revised

796-796.3  [Revised as RS2015-1.]

Repealed

797  [Repealed 2003-52-347.]

Revised in part; unrevised portion not consolidated

797.1  (1) to (5) [Revised as RS2015-1.]

(6) [Not revised. Not consolidated.]

Repealed

797.2  [Repealed 2003-52-349.]

Revised

797.3-799.2  [Revised as RS2015-1.]

Division 4.1 to 6

Revised

800-819  [Revised as RS2015-1.]

Repealed

820  [Repealed 2003-52-374.]

Revised

821-826  [Revised as RS2015-1.]

Repealed

827  [Repealed 2000-7-113.]

Repealed

828-836  [Repealed 2000-7-114.]

Revised

837-838  [Revised as RS2015-1.]

Repealed

839  [Repealed 2000-7-117.]

Revised

840  [Revised as RS2015-1.]

Repealed

841  [Repealed 2000-7-118.]

Repealed

842-845.3  [Repealed 2000-7-119.]

Revised

846-847  [Revised as RS2015-1.]

Part 25-27

Revised

848-879  [Revised as RS2015-1.]

Repealed

879.1-880  [Repealed 2000-7-135.]

Revised

881-882  [Revised as RS2015-1.]

Repealed

883  [Repealed 2000-7-137.]

Revised

884  [Revised as RS2015-1.]

Repealed

885  [Repealed 2000-7-140.]

Repealed

886-889  [Repealed 2000-7-141.]

Revised

890-896  [Revised as RS2015-1.]

Repealed

897  [Repealed 2000-7-146.]

Revised

898-912  [Revised as RS2015-1.]

Repealed

913  [Repealed 2014-14-40.]

Revised

914-941.1  [Revised as RS2015-1.]

Repealed

942  [Repealed 1998-27-4.]

Revised

943-946.2  [Revised as RS2015-1.]

Repealed

946.3  [Repealed 1998-34-207.]

Revised

947-950  [Revised as RS2015-1.]

Repealed

951  [Repealed 1998-34-210.]

Revised

952-981  [Revised as RS2015-1.]

Part 28 — Replotting Schemes

Division 1 — Interpretation

Definitions

982  For the purposes of this Part:

"common mass" means the common mass of property referred to in section 986 (1);

"district" means a part of a municipality defined by the council under section 984;

"former parcel" means a parcel existing before the completion of a replotting scheme, and includes any portion of land formerly a portion of a highway, park or public square, or of land indicated as such on a plan of subdivision deposited in the land title office;

"new parcel" means a parcel created or intended to be created by a replotting scheme, and includes a portion of land created or intended to be created as a portion of a highway, park or public square, or of land indicated as such on a plan of subdivision deposited in the land title office under this Part;

"owner" means a purchaser of real property under an unregistered agreement for sale and purchase, a registered owner of an estate in fee simple, a registered owner of a charge or a tax sale purchaser during the redemption period, and includes the Provincial government, a Provincial government corporation and the municipality.

Application of Part

983  (1) This Part applies to Crown land in a district held by purchasers from the Provincial government and in that case both the Provincial government and the purchasers are deemed to be owners for the purposes of this Part.

(2) [Repealed 1997-25-152.]

Division 2 — Preparation and Initiation of Scheme

Preliminary definition of district

984  A council may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members,

(a) define a part of the municipality as a district for the purpose of replotting, and

(b) authorize the preparation of a scheme, including incidental preliminary surveys, for the replotting of the district.

Information included in scheme

985  (1) A replotting scheme must indicate the following:

(a) the proposed relocation and exchange of parcels of real property in which the Provincial government or the municipality has no estate or interest;

(b) whether compensation is to be proposed to the respective owners and its amount;

(c) the value of any surplus real property;

(d) the new location of a building, structure, erection or utility that is to be moved.

(2) A replotting scheme may set out an apportionment of the net cost of the scheme between the municipality and the owners, consideration being given to

(a) the saving that the scheme may effect in the expenditure of the municipality for highways and municipal utilities, and

(b) the increased taxation that may be derived by the municipality from the increased value of the real property in the district.

(3) An apportionment under subsection (2) may or may not be as provided by section 1011.

General principles of replotting

986  (1) For the purpose of a replotting scheme, all the parcels and highways and all other real property in the district at the initiation of the scheme form one common mass of real property.

(2) From the common mass is to be taken the real property necessary for highways, parks or public squares, which stands in the place of and compensates the Provincial government, the municipality and the public for the surrender of all former highways, parks or public squares.

(3) The remainder of the common mass must be divided into parcels for allotment to the owners in a fair and equitable manner, so that as far as possible the value of new parcels allotted to them are equal to the value of their former parcels.

(4) An allotment, decision, award, consent or other proceeding under this Part is binding on and inures to the benefit of the person who owns the real property affected.

Reallotment of parcels

987  (1) In a replotting,

(a) effort must be made to allot to owners new parcels in approximately the same location as their former parcels, and

(b) parcels with buildings, structures, erections or utilities erected on them, subject to the necessary adjustment of boundaries, must be returned to their former owners wherever practicable.

(2) The allotment of new parcels in exchange for former parcels must be carried out as far as practicable with the consent of the respective owners.

(3) Failing consent of an owner, there may be allotted to the owner a new parcel or parcels of value equal as nearly as possible to the value of the owner's former parcel or parcels, or compensation in money may be made to the owner instead of an allotment of real property.

(4) Unavoidable differences of value between former parcels and new parcels may be equalized by

(a) granting money compensation, or

(b) with the owner's consent or agreement, allotting to the owner of a new parcel of greater value than the owner's former parcel for a cash payment or on terms.

(5) If a new parcel is allotted under subsection (4) (b) on terms, the municipality may take a mortgage, with agreed interest, from the owner for payment of the difference in value.

(6) Any real property not allotted as provided above may be allotted to any owner at an agreed price, the amount of which must be paid to the municipality.

(7) The whole of the real property remaining unallotted must be allotted to the municipality and is surplus real property.

Municipality may acquire charges

988  Subject to making compensation for a charge against a former parcel, the municipality may

(a) acquire such a charge and hold it as a charge against a new parcel allotted to the owner of the former parcel, and

(b) take all necessary proceedings for the collection of the amount due under and by virtue of the charge or for the sale, transfer or realization of the security created by it.

Notice requirements for initiation of a scheme

989  (1) Before initiating a replotting scheme, the council must have notice of the scheme published in a newspaper.

(2) Also before initiating a replotting scheme, the council must have the following sent to each owner of a parcel in the district, in the manner provided for the giving of notice under section 414:

(a) a plan showing the real property in the district as presently subdivided and a plan showing that property as if replotted under the proposed scheme, with both plans having marked on them

(i) the dimensions of the boundaries of each parcel shown, and

(ii) the scale of the plan, which must be the same for both plans and which must not be smaller than 1 to 1 000;

(b) a statement of

(i) the estimated total cost of the scheme,

(ii) the cost to be borne by the municipality,

(iii) the total cost to be borne by all the owners, and

(iv) the portion of the cost for each new parcel;

(c) a statement showing

(i) the number of instalments by which the owner's share of the cost may be paid,

(ii) at what interval after completion of the scheme the first instalment will be due, and

(iii) at what intervals any remaining instalments will be due;

(d) the proposed allotment of new parcels for former parcels;

(e) a form of consent to the replotting proposed by the scheme as it affects the owner's property, including

(i) the details of

(A) any compensation proposed to be paid by the municipality for the real property as a result of the scheme, or

(B) any sums requested to be paid to the municipality for the real property as a result of the scheme, and

(ii) a space in which, if the owner signs the consent and returns it to the municipality, the owner must set out

(A) the market or true value of the real property, and

(B) the amount or proportion the owner considers to be the value of the owner's interest.

General consent of owners to scheme

990  (1) The council may, by resolution, authorize the initiation of the replotting scheme without further consent by other owners in the district if the owners of parcels of real property, the assessed land value of which is at least 70% of the total assessed value of all the land in the district according to the last revised real property assessment roll, consent to the replotting set out in the scheme.

(2) A consent referred to in subsection (1) must be in writing in the form referred to in section 989 (2) (e).

(3) The calculation of the 70% of the assessed value referred to in subsection (1) must be determined as follows:

(a) land only, without improvements, is to be considered for the purpose of this section;

(b) the value of an owner's interest in a parcel is the assessed value of the parcel if

(i) the parcel is owned in fee simple, free of charges,

(ii) the parcel is owned by a purchaser from the Provincial government or from a Provincial government corporation and the purchaser has completed the payments but the Crown grant, order in council or conveyance has not been delivered to or registered by the purchaser, or

(iii) the parcel has been purchased at a tax sale and the period for redemption has not expired;

(c) in the cases of parcels of real property held subject to one or more charges,

(i) the value of the charges and of the estate in fee simple must be determined by multiplying the assessed value of the land by the true or market value of the particular interest in the parcel and dividing the resulting product by the true or market value of the parcel, and

(ii) if the true or market values of an interest in real property cannot be determined from the information supplied by owners of a parcel under section 989 (2) (e), the designated municipal officer must assess and determine the values for the purposes of subparagraph (i) from whatever records or information are available to that municipal officer;

(d) if a parcel of real property is held by a tenant for life,

(i) the true or market value of the life estate is its present worth as determined by using the official Statistics Canada Tabulations of British Columbia life expectancy in effect when the valuation is made, and

(ii) the true or market value of the estate in remainder in fee simple is the resulting balance, after subtracting the true or market value of the life estate from the true or market value of the parcel;

(e) in the cases of multiple ownership of estates in fee simple and charges,

(i) each tenant in common must be considered to consent to the proportion of the whole estate in fee simple or charge held by the tenant's proportion in the tenancy, and

(ii) each joint tenant must be considered to consent to an equal share with each of the tenant's co-joint tenants in the whole estate in fee simple or charge.

Consents binding on owners once given

991  (1) At any time before the commissioner gives his or her decisions under section 1007 (3), the designated municipal officer must receive from any owner the consent in writing referred to in section 989 (2) (e).

(2) An owner who mails or delivers a consent to the municipality is bound by it, and no claims against the municipality may be allowed on matters specifically agreed to in the consent.

Alterations to scheme may require new consents

992  (1) Alterations may be made in the replotting scheme before its completion.

(2) If alterations affect the owners who have consented, the consent of all the affected owners is again required.

Initiation of scheme by registration of resolution

993  (1) A copy of the resolution referred to in section 990 (1) [initiation of replotting], adopted by the council and certified by the municipal corporate officer, together with the plans referred to in section 989 (2) (a), must be filed in the land title office.

(2) When the resolution is filed under subsection (1), the registrar of land titles must cause a note of it to be made in every place in the records under the care of the registrar where title in fee simple to a parcel located in the district is registered.

(3) The note under subsection (2) must be by the filing number and series, and the series may be the same as the series that includes caveats.

(4) The replotting scheme is initiated when the note under subsection (2) is made.

Effect of initiation

994  (1) A note under section 993 is notice to all persons having any right, title, interest, charge, claim or demand in, to or on the affected parcels, and to all persons subsequently dealing with them, that a scheme for their replotting has been initiated, and those persons are bound by all proceedings under this Part taken before and after that notice.

(2) A person who has a right, title, interest, charge, claim or demand in, to, or on real property in the district that is not duly registered before the initiation of the scheme is not entitled to notice of proceedings under this Part, unless the person is a purchaser

(a) from the Provincial government,

(b) from the municipality, or

(c) at a tax sale.

(3) A person subsequently dealing with an affected parcel is not entitled to notice unless the person has

(a) given the designated municipal officer written notice of the person's purchase or claim and evidence of its registration, and

(b) provided that municipal officer with an address to which notices may be mailed.

Resolution to complete or discontinue scheme

995  (1) Within 4 months after the initiation of a replotting scheme, the council must, by resolution, either

(a) discontinue the replotting scheme, or

(b) authorize the completion of the replotting scheme and put it into effect.

(2) If a council resolves to discontinue a replotting scheme under subsection (1) (a),

(a) the municipal corporate officer must file in the land title office a copy of the resolution to discontinue, certified under that officer's signature, and

(b) the registrar of land titles must then cancel the note under section 993 (1).

(3) If the council resolves to authorize the completion of the scheme under subsection (1) (b), the municipality must make application in accordance with section 996 to have title to the common mass registered in fee simple in trust for the owners of the new parcels.

Division 3 — Implementation and Completion of Scheme

Registration of common mass

996  (1) An application to have title to the common mass registered in fee simple in trust for the owners of the new parcels must be in the form approved under the Land Title Act and must be accompanied by the following:

(a) a reference plan defining the common mass, signed by the municipal corporate officer, and complying with the requirements of the Land Title Act for reference plans, other than the requirements of section 103 of that Act;

(b) a certificate signed by the municipal corporate officer, setting out

(i) in the 1st column, compiled in numerical or alphabetical order, the description of each new parcel,

(ii) in the 2nd column, opposite the description of the relevant new parcel, the description of the former parcel or parcels in respect of which the allotment of the new parcel has been made,

(iii) in the 3rd column, opposite the description of the relevant new parcel, the name and address of the owner in fee simple to whom each new parcel has been allotted,

(iv) in the 4th column, opposite the description of the relevant new parcel, the names of owners of all charges and their addresses and the nature and serial registration numbers of the charges registered against the former parcel or parcels in respect of which the allotment of the new parcel has been made, and

(v) in the 5th column, opposite the description of the relevant new parcel,

(A) the names and addresses of any

(I) claimant of a lien filed under the Builders Lien Act,

(II) person who has registered a certificate of pending litigation under the Land Title Act,

(III) caveator under the Land Title Act,

(IV) person taking a security interest in fixtures under the Personal Property Security Act, or

(V) spouse claiming the benefits of the Land (Spouse Protection) Act, and

(B) the description of any former parcel or parcels in respect of which no allotment of a new parcel or parcels has been made;

(c) a subdivision plan defining the new parcels, complying with the requirements of the Land Title Act and bearing the title "prepared under the replotting provisions of the Local Government Act";

(d) an application in the form approved under the Land Title Act to deposit the subdivision plan.

(2) The registrar of land titles must examine the application forms, reference plan, subdivision plan and certificate and, if satisfied that they are in order and in compliance with this Part and the Land Title Act, must deposit the reference plan and assign to it a serial deposit number.

Effect of deposit of reference plan

997  (1) The deposit of a reference plan under section 996

(a) vests in the municipality the title of the common mass, in trust as stated, in fee simple, free from all charges registered against former parcels, and

(b) extinguishes all highways, parks or public squares within the common mass.

(2) Subsection (1) binds the Provincial government.

(3) On finding a good safe holding and marketable title in fee simple to the common mass, the registrar of land titles must register the title claimed by the municipality, and the Land Title Act then applies.

(4) The municipality need not produce any former absolute, interim or duplicate indefeasible title to any former parcel, but on the issue of the indefeasible title to the municipality in trust all of those certificates are deemed to be cancelled.

(5) After the registration under subsection (3), the registrar of land titles must deposit the subdivision plan, assign to it a serial deposit number, and issue any new indefeasible titles for the new parcels that are necessary.

(6) The indefeasible titles under subsection (5) must be noted or endorsed, as the case may require, with all claims, demands or notices as set out in the 5th column of the certificate referred to in section 996 (1) (b).

(7) The replotting scheme is completed when the requirements of subsection (6) are met, and after this the Land Title Act applies.

(8) In addition to the application of the Land Title Act, the deposit of the subdivision plan vests title to the respective new parcels in the persons named in the 3rd and 4th columns of the certificate referred to in section 996 (1) (b) according to the estate, title or interest disclosed by the certificate, but subject to all claims, demands or notices set out in the fifth column of the certificate.

Registration for owners of new parcels

998  (1) As soon as practicable after the completion of the replotting scheme, the municipality must apply under the Land Title Act for registration on behalf of the persons who own the new parcels.

(2) The registrar of land titles, in his or her discretion, may summarily reject or may refuse to register any application on behalf of an owner unless there is produced to the registrar any duplicate indefeasible title, or interim or absolute certificate of title to a former parcel that had not been produced before registration of the common mass under section 996.

Rights of ownership and charges transferred

999  On completion of the replotting scheme,

(a) except as otherwise dealt with under this Part, all rights, obligations and incidents of ownership of the owner of a former parcel or of an interest in it, and all public and private legal relationships with a former parcel, are deemed to be transferred to and exist in the new parcel allotted to the owner of the former parcel to the same extent and in the same manner as with the former parcel,

(b) all conveyances, agreements, mortgages and other instruments, including grants of probate or grants of administration, in respect of parcels of real property described in them by a description appropriate to a former parcel and in respect of which registration of title had not been applied for before the completion of the replotting scheme must be construed as if the estate or interest passing or created or vested by them was in the new parcel, and

(c) the new parcels and their respective owners are subject to and liable for all municipal charges, rates, taxes and assessments levied against their former respective parcels, and are subject to all proceedings taken and to be taken for the collection of municipal charges, rates, taxes and assessments in any manner provided for by law.

Division 4 — Complaints Regarding Compensation

Allotments binding, although owners may complain regarding compensation

1000  On completion of the replotting scheme, the allotments of real property under it are absolutely binding to all intents and purposes on all the owners in the district, subject to the right of those owners who do not consent to the scheme to complain as to the adequacy of compensation proposed or the failure to propose compensation.

Compensation for loss and damage

1001  (1) An owner who does not consent and who gives notice of complaint as provided in section 1004 has the right to compensation in money for the following:

(a) any loss of value of the former parcel, in so far as adequate compensation is not afforded by the new parcel allotted;

(b) any loss of, damage to or the cost of moving buildings or improvements on the former parcel;

(c) any loss of income from the use of buildings or the special condition or use of the former parcel caused by the replotting scheme.

(2) In determining the amount of compensation,

(a) a former parcel must be valued at its market value at the time of the initiation of the replotting scheme, but an increase in its value caused by the anticipation or initiation of the scheme must not be taken into consideration, and

(b) a new parcel must be valued at its market value on completion of the replotting scheme.

(3) A person is not entitled to compensation for any of the following:

(a) costs, expenses, loss, damage or inconvenience incurred or sustained in investigating the replotting proceeding or in presenting a complaint or making an appeal, or caused by the initiation of or delay in or discontinuance of the replotting scheme;

(b) an actual or anticipated loss or inconvenience of access to new parcels or of use of a municipal or public utility or service due to the new highways not being open for traffic;

(c) an actual or anticipated loss, damage or inconvenience suffered in common with all or with the major part of other owners;

(d) a building or structure constructed, erected, placed or altered, or an improvement made to land after the initiation of the replotting scheme or an actual or anticipated loss, damage or expense incidental to it, or incidental to the removal of that building or structure;

(e) a reduction in or loss of value due to reduction in area within the limits of a right to take land for highway purposes contained in the Crown grant of or statute applying to the land.

Appointment of commissioner

1002  (1) Within one month after completion of the replotting scheme, the council must apply to the Supreme Court for the appointment of a commissioner to hold a public hearing of and to decide any complaints under sections 1000 and 1001 and the court must appoint a commissioner.

(2) An application under subsection (1) may be made without notice to any other person.

(3) If the council does not apply under subsection (1), any owner who did not consent may apply on notice to the council.

(4) A person who is

(a) a member of the council,

(b) an owner within the district, or

(c) the spouse of an owner within the district

must not be appointed or act as a commissioner.

(5) Before entering on the duties of office, the commissioner must subscribe and take the following oath before the municipal corporate officer:

I, ............................................., do solemnly swear that

(a) I will truly and faithfully, and without fear, favour or partiality, execute the powers and trusts of a commissioner under Part 28 of the Local Government Act, according to the best of my knowledge and judgment, and

(b) I am not disqualified from acting as a commissioner under that Act.

(6) The municipality must pay the commissioner remuneration at a rate agreed between the commissioner and the council, and in the event of failure to agree, a reasonable remuneration set by the Supreme Court on summary application by the municipality or the commissioner.

Replacement of commissioner

1003  (1) If a commissioner

(a) dies, resigns, refuses to act or is absent, or

(b) is incapable of acting because of sickness, disability or misconduct,

on the application of the municipality, the Supreme Court must appoint another person as commissioner.

(2) An application under subsection (1) may be made without notice to any other person.

(3) In the circumstances referred to in subsection (1), proceedings or decisions had, taken or arrived at by the commissioner before the vacancy are not in any way affected, but are valid and effectual, and must be and continue to be acted on,

(a) even though the vacancy has occurred and the other commissioner has been appointed, and

(b) without any necessity for recommencing the proceedings or reconsidering any matter or thing that has arisen or been considered or decided before the vacancy occurred.

Notice to owners who do not consent

1004  (1) On an appointment being made, the designated municipal officer must give to each of the owners who did not consent whose name appears on either of the lists referred to in section 1016 a notice in writing including the following:

(a) a statement that a replotting scheme has been put into effect;

(b) a description of the owner's former parcel;

(c) a statement

(i) of the allotment of new parcel made,

(ii) of the compensation proposed to the owner, and

(iii) that, if a parcel is improved, that the owner's buildings may be affected;

(d) a statement that the scheme and the allotments under it are absolutely binding on the owner to all intents and purposes, excepting only the owner's right to complain against

(i) the adequacy of compensation proposed, or

(ii) the failure to propose compensation;

(e) the time and place appointed by the commissioner for hearing complaints;

(f) a statement that, if the owner intends to complain, the owner must give written notice with the grounds of the complaint to the designated municipal officer 10 days before the hearing.

(2) Notice under subsection (1) may be given by any of the following:

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

(b) by registered mail addressed to the person at that person's address

(i) as shown on a list provided under section 1016,

(ii) as shown on any record in the land title office relating to the person's ownership of or interest in the former parcel, or

(iii) as last known to the assessor for the municipality;

(c) on application to the Supreme Court, by substituted service in accordance with the order of the court.

(3) The designated municipal officer may, in his or her discretion, send with any one or more of the notices a copy of the plan of replotting or any portion of it on the same or a different scale.

(4) The designated municipal officer must keep a record of all notices given under this section by showing, opposite the names of the owners of the parcels in the district, the names of the persons to whom notices were sent and the parcels concerned and the date and method of giving each notice.

Time and place to hear complaints

1005  The commissioner must appoint a time and place for the hearing of complaints as follows:

(a) the place must be at the municipal hall or another suitable place in the municipality;

(b) the time must be not less than 40 days and not more than 90 days after the designated municipal officer has given the notices referred to in section 1004.

Hearing by commissioner

1006  (1) The commissioner must sit at the time and place appointed, and must hear complaints of which notice has been given.

(2) The proceedings before the commissioner must be public.

(3) The commissioner must inquire into and pass on the sufficiency of all notices required to be given under section 1004 and, in the commissioner's sole discretion, may direct further notices and hear any complaint made.

(4) If the commissioner thinks fit in the interest of justice, the commissioner may hear a complaint made to the commissioner at any time before the conclusion of the hearing.

(5) The municipality may complain to the commissioner on its own behalf or on behalf of any other person.

(6) The following rules apply respecting evidence that may be accepted by the commissioner:

(a) the commissioner may receive any evidence that the commissioner thinks proper to admit and may take a view and examine on oath any person interested and the witnesses that appear before the commissioner;

(b) the commissioner may act on, accept or adopt the evidence the commissioner considers sufficient, whether on oath or not and whether written or oral;

(c) the commissioner has the right to insist on evidence being given or submitted orally under oath or by affidavit, but need not require any evidence to be so given;

(d) the strict rules of evidence do not apply.

(7) The commissioner may, at the request of any complaining owner or on the commissioner's own initiative, summon in writing any person to attend at the hearing, give evidence and produce any documentary evidence.

(8) The commissioner may order reasonable fees and expenses to be paid to a witness summoned on the commissioner's own initiative, which must be paid by the municipality.

(9) A person who fails to respond to a summons under subsection (7) commits an offence, and is liable on conviction to a penalty not greater than $100 and costs.

(10) The commissioner or, in the absence of the commissioner, the municipal corporate officer may adjourn the hearing from time to time and from place to place, whether or not any person interested is present at the time of the adjournment.

Commissioner's powers and report

1007  (1) The powers of the commissioner are confined to

(a) passing on the sufficiency of all notices required to be given under section 1004, and

(b) hearing and deciding complaints under sections 1000 and 1001.

(2) The commissioner must cause to be kept a record of each complaint made to the commissioner and of the commissioner's decision on it.

(3) On the conclusion of the hearing, the commissioner must announce a date on which the commissioner's decisions will be given.

(4) Promptly after giving his or her decisions, the commissioner must report to the council the complaints made to the commissioner and the decision on each.

(5) The report under subsection (4) must be open for examination by any complainant or the solicitor or agent of a complainant.

Appeal to Supreme Court

1008  (1) A decision of a commissioner may be appealed to the Supreme Court.

(2) An appeal under subsection (1) is to be an appeal by way of rehearing.

(3) The person appealing must, within 10 days after the decision complained of, serve on the municipality a written notice of intention to appeal, setting out the grounds of appeal.

(4) The appeal must be made on petition and 5 days' notice of the time for hearing the appeal must be given to the municipality.

(5) The municipality may appeal from a decision of a commissioner, in which case it must give to the owner affected the notice of intention under subsection (3) and the notice of the hearing must be given the owner, both of which notices may be given in any manner provided in section 1004.

(6) The powers of the Supreme Court on appeal are confined to hearing and deciding appeals from the decision of the commissioner on complaints under section 1001.

(7) In term or during vacation, the court must hear the appeal in a summary manner and on the rules of evidence that govern a commissioner.

(8) The court may adjourn the hearing from time to time and defer judgment at pleasure, but judgment must be given within 6 weeks from the time limit set by subsection (3) for giving notice of appeal.

(9) If judgment is not given by the court within the time period under subsection (8), the commissioner's decision stands.

(10) Persons making or opposing an appeal must pay their own costs and expenses and no costs as between party and party may be awarded by the court.

(11) A decision of the Supreme Court under this section may be appealed to the Court of Appeal with leave of a justice of the Court of Appeal.

Payment of compensation

1009  (1) The municipality must pay

(a) the amounts of compensation proposed by the replotting scheme within 3 months after its completion, or

(b) if a complaint has been made, the compensation awarded by the commissioner, or the Supreme Court on appeal, within 3 months from the date of the award.

(2) Either of the periods referred to in subsection (1) may be extended by the Supreme Court on application by the municipality without notice to any other person.

(3) The compensation stands in the place of the land for which it was proposed or awarded, and is subject to any limitations and charges to which the land was subject.

(4) The municipality may, without leave or order in any case it believes expedient, pay into the Supreme Court the amount of any compensation proposed or awarded.

(5) Payment into court under subsection (4) must be accompanied by a certificate of the municipal corporate officer giving particulars of the person to whom and the land for which the compensation was proposed or awarded, and the district registrar must give that corporate officer a receipt, attached to or endorsed on a copy of the corporate officer's certificate.

(6) Compensation paid into court under subsection (4) must be paid out of court to the person entitled to it on the order of the court.

Division 5 — General

Removal of buildings

1010  The municipality may, by its employees, workers or contractors, move any building, structure, erection or utility required to be moved under the replotting scheme, or do any work or thing on private property in satisfaction of awards of compensation.

Accounts and apportionment

1011  (1) The municipality must keep a proper account of all money paid by it in connection with a replotting scheme, and on its completion and the payment of all compensation and incidental expenses must prepare a statement showing the net cost.

(2) In the statement under subsection (1), the municipality must be debited with the value of all surplus land allotted to it and any money receivable under section 987 or otherwise on account of the replotting scheme.

(3) If applicable, the net cost shown by the statement under subsection (1) must be apportioned between the municipality and the other owners in the manner set out in the replotting scheme.

(4) If the replotting scheme does not mention an apportionment, the net cost shown by the statement under subsection (1) must be apportioned as follows:

(a) the municipality's portion of the cost is that portion of the total net cost which bears the ratio that

(i) the sum of the areas of the highways and public grounds and unsold land of the municipality at the completion of the replotting scheme

bears to

(ii) the whole area of the district;

(b) the remainder is the owners' portion of the cost.

(5) The net cost of the replotting scheme may be raised as follows:

(a) the municipal portion of the cost may be raised by a special rate levied and collected on and from all the taxable land or land and improvements in the municipality;

(b) the owner's portion of the cost may be raised by a special rate levied and collected on and from the taxable land in the district, according to the respective values of that land as shown in the first revised real property assessment roll of the municipality containing the new parcels.

(6) As an alternative to subsection (5), the net cost of the replotting scheme may be paid by borrowing the required amount on debentures issued under the same provisions as if the scheme had been carried out as a local area service under the Community Charter, with

(a) the municipality's portion of the cost being raised by a special rate levied and collected annually on and from all the taxable land or land and improvements in the municipality, and

(b) the owners' portion of the cost being raised by a special rate levied and collected annually on and from the taxable land in the district according to the respective values of that land as shown in the revised real property assessment rolls for the years during which the special rates are levied.

(7) Debentures under subsection (6) must be repayable within 10 years of the date of issue.

(8) A special rate levied under subsection (5) or (6) must be due and payable to the municipality at the same time as other annual municipal rates and taxes, and

(a) Part 7 of the Community Charter, except Division 5 [Local Service Taxes], applies to subsections (5) (a) and (6) (a), and

(b) Division 5 [Local Service Taxes] of Part 7 of the Community Charter applies to subsections (5) (b) and (6) (b).

Former highways to be maintained

1012  (1) During the 6 months after the completion of a replotting scheme, so far as the new highways are not constructed and open for traffic, the former highways and all public utilities and other works on them, if they do not interfere with or disturb the reasonable and necessary use and occupation of new parcels, may be maintained, and no person has a right to compensation or a right of action for damages against the municipality or against any other person for that reason.

(2) During the period referred to in subsection (1), the municipality or its licensees may remove the public utilities and works.

(3) A person unreasonably obstructing the use of a former highway during the period referred to in subsection (1) commits an offence and is liable on conviction to a penalty not greater than $100.

Limitation of claims

1013  Other than the right of complaint and appeal provided in this Part, no person is entitled to make or proceed with any demand, claim or action against the municipality, any of its officers, employees or workers, or against the commissioner or the Provincial government, for any loss or damage sustained or threatened by reason of a replotting scheme or for any matter caused by any proceedings taken or thing done under this Part.

Disposal of municipal parcels

1014  The municipality may dispose of a parcel allotted to it in the manner provided for disposing of land acquired by it at a tax sale.

Taxation during proceedings

1015  Nothing in this Part affects the power of the municipality to assess and to levy rates and taxes on the former parcels during the replotting scheme and before its completion.

List of owners must be provided to municipality

1016  (1) At the municipality's request and on payment of reasonable fees specified by the registrar of land titles for the work involved, the registrar must provide any required information to be obtained from the records and a list of the names and addresses of the registered owners of all parcels of land in the district at the time of the initiation of the replotting scheme.

(2) On similar request, the ministry of the minister responsible for the administration of the Land Act must provide a list of the names and addresses of the purchasers of Crown land in the district under agreement for sale.

Land title fees

1017  The fees payable to the registrar of land titles in respect of the matters under this Part are to be governed by the Land Title Act.

Questions may be referred to Supreme Court

1018  Any dispute or question on the construction of any provision of this Part, or the sufficiency and validity of proceedings taken under it, or the manner in which a proceeding is to be taken, may be referred to the Supreme Court for decision under to section 1008.

Part 29-30 — Revised

Revised

1019-1040  [Revised as RS2015-1.]