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120 Municipal Bylaw Cancelling Highway Or Public Square Dedication

In This Volume

  • 120 (1) A municipal bylaw cancelling the dedication of all or part of a highway or public square must be filed in the land title office.
  • (2) In relation to a bylaw under subsection (1), the registrar may accept a reference plan, or an explanatory plan, or a description by apt descriptive words.
  • (3) On the filing of a bylaw cancelling the dedication of all or part of a highway, the registrar must register the indefeasible title of the property in the name of the municipality, subject to the reservations and exceptions provided in section 50 of the Land Act and section 35 of the Community Charter, as if the vesting were made by Crown grant under the Land Act.

2003-52-150, effective January 1, 2004 (B.C. Reg. 465/2003).

REGULATIONS AND FORMS

Application by Municipality

Electronic Plans

For electronic plans, the director has approved the electronic Application to Deposit Plan at Land Title Office. This form is available at ltsa.ca.

PRACTICE

Municipal Bylaws regarding Parks and Highways

Under ss. 27 and 40 respectively of the Community Charter, the council of a municipality may pass bylaws to authorize the disposal of park land, to close all or part of a highway, or to remove the dedication of a highway. Under s. 120 of the Land Title Act, the municipality is required to file in the land title office the bylaws and accompanying plans authorizing the disposal, closure, or removal.

Park Exchange Bylaw

When a municipality disposes of park land in exchange for other lands to be dedicated as park, the municipality files the bylaw and accompanying plan in the land title office together with an application and the prescribed fees.

Electronic Plans

For electronic plans, the registrar requires the following documents to exchange park land:

  1. Form of Application: The director requires an electronic Application to Deposit Plan at Land Title Office. Select Bylaw or Road Closing and add the required signatures. This form and the other electronic forms required to exchange park land are available at ltsa.ca.
  2. Supporting Documents: Where an electronic plan package consists of a bylaw plan, the certified copy of the bylaw or resolution is attached to an electronic Declaration and submitted immediately following the electronic Application to Deposit Plan at Land Title Office. The electronic filing system automatically appends the declaration to the plan application during the submission process.

    A municipal bylaw or resolution is in the class of supporting documents designated by the director for electronic filing.

  3. Reference or explanatory plan: The reference or explanatory plan defines the park areas that are the subject of disposal or dedication. The plan heading should include a reference to s. 27 of the Community Charter and s. 120 of the Land Title Act and a reference to the plan that dedicated the park. For example:
    REFERENCE PLAN TO ACCOMPANY CITY OF ___________ EXCHANGE BYLAW NO. ____ OF PARK DEDICATED ON PLAN VIP12345, AND PART OF LOT 1, PLAN 54321, ALL IN SECTION 1, NANAIMO DISTRICT, PURSUANT TO SECTION 120 OF THE LAND TITLE ACT AND SECTION 27 OF THE COMMUNITY CHARTER.

    An electronic reference or explanatory plan with a pre-assigned plan number is attached to a Survey Plan Certification signed electronically by the British Columbia land surveyor. Enter the pre-assigned plan number and control number for the Survey Plan Certification in the electronic Application to Deposit Plan at Land Title Office.

  4. Form 17: For an electronic Form 17 Fee Simple, select the transaction type Title to Closed Road to raise title in the name of the municipality. In the Additional Information field, clarify the application as Title to Park in addition to including a reference to s. 27 of the Community Charter and s. 120 of the Land Title Act. EFS will collect the fees approved in items 4(a) and 7.1(c) in the Schedule of Land Title Act Fees set out at chapter 31 (Land Title Act—Land Title Act Fees) of this Manual. A Property Transfer Tax form is not required for this application.
  5. Form A Transfer: An electronic Form A is used to transfer title from the municipality to the party dedicating land in exchange for parkland disposed of by the municipality. In transferring closed road or park from the municipality to the owner of adjacent land, select NO PID NMBR in Item 2 of the Form A and complete the Related Plan Numberfield using the pre-assigned plan number of the subdivision or reference plan that consolidates the closed park with the adjacent land. If the transfer is not related to a subsequent consolidation plan, the Form A cannot be submitted until the land title office has assigned a PID number and issued a title to the closed park.

    The electronic application must include at least one legal description with a registered title and PID number, in addition to the legal description for the closed road.

    1. Select NO PID NMBR and complete the Related Plan Number field for the closed road legal description.
    2. Each legal description must be entered separately.
    3. Click Use 30 Parcel Schedule or Use 3 Parcel Schedule as needed.

    All signatures of the owners and holders of registered charges and plan approvals are located on the electronic Application to Deposit Plan at Land Title Office. In addition to the Survey and Plan Rules at www.abcls.ca, the director’s directions for electronic plans are set out in the Electronic Land Title Plan and Plan Application Requirements at ltsa.ca.

    The Form A must be accompanied by a Property Transfer Tax form. EFS will collect the fees approved in items 4(a) and 7.1(c) in the Schedule of Land Title Act Fees and set out at chapter 31 (Land Title Act—Land Title Act Fees) of this Manual.

  6. Subdivision or Consolidation:An electronic Subdivision or Reference plan consolidation with a pre-assigned plan number. The plan image is attached to a Survey Plan Certification signed electronically by the British Columbia land surveyor.

Park Disposal Bylaw

When a municipality disposes of park land, it files the bylaw and accompanying plan in the land title office together with an application and the prescribed fees.

Electronic Plans

For electronic plans, the registrar requires the following documents to dispose of park land:

  • (1) Form of Application: The director requires an electronic Application to Deposit Plan at Land Title Office. This form is available at ltsa.ca.
  • (2) Supporting Documents: Where an electronic plan package consists of a bylaw plan, the certified copy of the bylaw or resolution is attached to an electronic Declaration and submitted immediately following the electronic Application to Deposit Plan at Land Title Office. The electronic filing system automatically appends the declaration to the plan application during the submission process. A municipal bylaw or resolution is in the class of supporting documents designated by the director for electronic filing.
  • (3) Reference or explanatory plan: The reference or explanatory plan defines the part that is subject to the disposal. The plan heading should include a reference to s. 27 of the Community Charter and s. 120 of the Land Title Act and a reference to the plan that dedicated the park.

An imaged electronic plan with a pre-assigned plan number is attached to a Survey Plan Certification form that is signed electronically by the British Columbia land surveyor. Enter the pre-assigned plan number and control number for the Survey Plan Certification in the electronic Application to Deposit Plan at Land Title Office.

  • (4) Form 17: For an electronic Form 17 Fee Simple, select the transaction type Title to Closed Road to raise title in the name of the municipality. In the Additional Information field, clarify the application as Title to Park in addition to including a reference to s. 27 of the Community Charter and s. 120 of the Land Title Act. No attachment is necessary. EFS will collect the fees approved in items 4(a) and 7.1(c) in the Schedule of Land Title Act Fees and set out at chapter 31 (Land Title Act—Land Title Act Fees) of this Manual. A Property Transfer Tax form is not required for this application.
  • (5) Form A Transfer: An electronic Form A is used to transfer title to the closed park from the municipality to the owner of adjacent land. Select NO PID NMBR in Item 2 of the Form A and complete the Related Plan Numberfield using the pre-assigned plan number of the subdivision or reference plan that consolidates the closed park with the adjacent land. If the transfer is not related to a subsequent consolidation plan, the Form A cannot be submitted until the land title office has assigned a PID number and issued a title to the closed park.

The Form A must be accompanied by a Property Transfer Tax form. EFS will collect the fees approved in items 4(a) and 7.1(c) in the Schedule of Land Title Act Fees and set out at chapter 31 (Land Title Act—Land Title Act Fees) of this Manual.

Highway Closure and Removal Bylaw

Note that a bylaw passed under s. 40 of the Community Charter must specifically remove the dedication of the highway rather than merely closing it as was formerly the case.

Electronic Plans

For electronic plans, the registrar requires the following documents to close a highway:

  • (1) Form of Application: The director requires an electronic Application to Deposit Plan at Land Title Office. This form is available at ltsa.ca.
  • (2) Supporting Documents: Where an electronic plan package consists of a road closing reference or explanatory plan, the certified copy of the bylaw or resolution is attached to an electronic Declaration and submitted immediately following the electronic Application to Deposit Plan at Land Title Office. The electronic filing system automatically appends the declaration to the plan application during the submission process. A municipal bylaw or resolution is in the class of supporting documents designated by the director for electronic filing.
  • (3) Reference or explanatory plan: A reference or explanatory plan is required to define the closed road area. The plan heading should include a reference to s. 40 of the Community Charter and s. 120 of the Land Title Act. It should also include a reference to the plan that dedicated the road.

An electronic plan image with a pre-assigned plan number is attached to a Survey Plan Certification form that is signed electronically by the British Columbia land surveyor.

  • (4) Form 17: For an electronic Form 17 Fee Simple, select the transaction type Title to Closed Road to raise title in the name of the municipality. A Property Transfer Tax form is not required for this application.

For an electronic Form 17 Charge, Notation or Filing, select Nature of Interest Undersurface and Other Exc & Reservations to raise any reservations or exceptions in the name of the Crown in right of the Province of British Columbia as set out in s. 35(7) of the Community Charter.

EFS will collect the fees approved in items 4(a) and 7.1(c) in the Schedule of Land Title Act Fees and set out at chapter 31 (Land Title Act—Land Title Act Fees) of this Manual.

Title in the Name of the Municipality Subject to Exceptions and Reservations

On the filing of a bylaw and an application to register indefeasible title in the name of the municipality, the registrar issues title to the municipality subject to the reservations and exceptions set out in s. 35(7) of the Community Charter.

Title to Streets and Parks within the Cities of Vancouver and New Westminster

Title to streets and parks within the cities of Vancouver and New Westminster are vested in the respective cities under the Vancouver Charter and the New Westminster Act, 1888.

Electronic Plans

To issue title to a street or park, an electronic plan and plan application is accompanied by an electronic Form 17 Fee Simple making application for TITLE TO CLOSED ROAD. If the area described is a closed park, this is clarified by adding this information in the Additional Information section of the Form 17.

A resolution is in the class of supporting documents designated by the director for electronic filing. Attach an image of the original resolution to an electronic Declaration and submit immediately following the electronic Application to Deposit Plan at Land Title Office. The electronic filing system automatically appends the declaration to the plan application during the submission process.

Discontinuance of Highways under the Transportation Act

See s. 107 of the Land Title Act for practice with respect to the closing and subsequent vesting of discontinued highways by the Ministry of Transportation and Infrastructure under s. 7 of the Transportation Act.

See s. 262 of the Land Title Act for practice with respect to issuing title for lands that are vested in the Crown.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Standardized Legal Descriptions

Legal descriptions for land defined by bylaw plans filed under s. 120 will be created using the following formatting guidelines:

That part of [the root description based on the crown grant or other originating document; e.g. District Lot reference and District name] shown on [a reference to the concurrently filed plan].

An underlying “parcel” does not exist for these plans; therefore, there is only a reference to the “root” of the legal description.

For example, a s. 120 bylaw plan is filed under plan number BCP45678. It has a plan heading that reads “Bylaw Plan to accompany a road closing bylaw for a part of District Lot 100 Peace River District dedicated road on Plan BCP12345”. The resulting legal description would read:

That part of District Lot 100 Peace River District shown on plan BCP45678

Although there is no requirement for a distinguishing letter or number designation on the plan, a practice exists in some land title districts where the BC Land Surveyor will provide one on the plan. It has been determined that in these instances, the registrar is prepared to include a reference to the parcel in the legal description.

For example, a s. 120 bylaw plan is filed under plan number BCP45678 where the closed road parcel has been designated by the BC Land Surveyors as “Parcel A”. It has a plan heading that reads “Bylaw Plan to accompany a road closing bylaw for a part of District Lot 100 Peace River District dedicated road on Plan BCP12345”. The resulting legal description reads:

Parcel A of District Lot 100 Peace River District shown on plan BCP45678

Where a s. 120 plan contains more than one area, the legal description will need to include an additional note to specify which areas are being dealt with. This will typically be by reference to the area of the portion being dealt with; for example:

That part of District Lot 100 Peace River District having an area of 20 square metres as shown on plan BCP45678

In the rare instances where the plan contains more than one area of the same size, a different solution will be required; for example, hatching of one area, such as:

That part of District Lot 100 Peace River District shown hatched on plan BCP45678

Searching the Records for Standardized Legal Descriptions

Please note that effective October 18, 2010, every plan creating a parcel, regardless of its type, may be searched on myLTSA with the newly filed plan number; in the above examples this would be “BCP45678”, and in the case of a parcel associated with a s. 120 road closing bylaw plan, the plan number that dedicated the road may also be used. This applies even though this plan number is not present in the actual legal description. The plan number that dedicated the road can always be ascertained by referring to the plan heading of the associated bylaw plan.

Vesting of Title

See s. 35 of the Community Charter.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, para. 128.