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In This Volume

  • 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 he or she 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).

PRACTICE

Application for Cancellation of Plan

Submissions

On the Form 17 Surveyor General, select Nature of Interest, Cancel Plan s. 136, and attach an image of the originally signed certified copy of the order.

The Form 17 Surveyor General has been approved by the Director of Land Titles for use by authorized subscribers within Surveyor General Services, Land Title and Survey Authority.