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In This Volume

  • 133 (1) Except in the circumstances set out in section 135, the minister charged with the administration of the Transportation Act may oppose the cancellation or alteration under this Part of the boundaries of all or part of a public area that is an arterial highway, wherever located, or of a public area that is not in a municipality, if the minister considers that the public area is required for the purpose for which it is dedicated.
  • (2) If the minister charged with the administration of the Transportation Act opposes the cancellation or alteration, the minister must file with the registrar before the hearing date a certificate containing
  • (a) the name of the petitioner, the filing number of the petition and a description of the land referred to in the certificate, and
  • (b) a description, along with a print of the plan, that shows to the satisfaction of the registrar the public areas or parts of them to which the certificate pertains.
  • (3) After a certificate is filed with the registrar under subsection (2), the registrar must not, without the written consent of the minister charged with the administration of the Transportation Act, make an order under this Part that cancels or alters the boundaries of a public area to which the certificate pertains.
  • (4) The minister charged with the administration of the Transportation Act must, in the manner required by section 315(1), serve a copy of a certificate filed under this section on the petitioner, the parties and any other persons that the registrar considers might be affected by the certificate.

1979-219-133; 1993-52-1; 2003-66-39; 2004-44-122, effective December 31, 2004 (B.C. Reg. 547/2004); 2023-10-460.