136 Cancellation By Minister Of Plan Comprising Crown Land

• 136 (1) Subject to subsection (1.1), the minister may

• (a) order the cancellation of a plan or a portion of a plan comprising land owned by the government, including land vested in a municipality as a highway, and
• (b) by that order or a subsequent order, make provisions the minister considers proper for the protection of the rights of a purchaser of a parcel shown on the plan.

• (1.1) In respect to land vested in a municipality as a highway, the minister may only make an order under subsection (1) if the municipality has done all of the following:

• (a) closed the highway and removed the dedication of the land as a highway in accordance with sections 40 and 41 of the Community Charter;
• (b) disposed of the land that was a highway to the government in accordance with section 26 of the Community Charter.

• (2) On receiving a certified copy of an order under subsection (1) and an explanatory plan showing the land affected, the registrar must

• (a) assign one or more distinguishing letters to the new parcel created, and
• (b) cancel the existing indefeasible title affected and register a new indefeasible title for the newly created parcel.

• (3) If, under the Land Act, Crown land, comprising all the land included in a plan, has been removed from the operation of this Act, the minister may order the cancellation of the plan and the registrar must amend the records accordingly.
• (4) The minister may delegate to the Surveyor General the minister’s powers under subsections (1) and (3).

1979-219-134.2; 1993-52-1; 2003-66-41; 2003-52-151, effective January 1, 2004 (B.C. Reg. 465/2003); 2004-66-83, effective January 1, 2004; 2004-66-84, effective January 20, 2005 (B.C. Reg. 16/2005); 2023-10-460.