142 Air Space Parcels In Respect Of Highways

• 142 (1) If the title to all or part of a highway is vested solely in the Crown in right of the Province or in the BC Transportation Financing Authority, the minister charged with the administration of the Transportation Act may apply to register the title to all or part of the highway in the Crown in right of the Province or in the BC Transportation and [sic] Financing Authority, as the case may be, and, on registration, the government may create air space parcels and deal with them in accordance with this Act but, if the right of possession to a highway is vested, by an enactment, in a municipality, the minister charged with administration of the Transportation Act must obtain the municipality’s consent before creating or dealing in air space parcels.
• (2) Despite subsection (1), the Lieutenant Governor in Council, on the recommendation of the minister charged with the administration of the Transportation Act, may authorize a municipality that has a statutory right of possession to a highway to create air space parcels and to deal with them under this Act.
• (3) If the title to all or part of a highway is vested solely in a municipality, the council may, by bylaw, authorize an application to be made for the registration of the municipality’s title to all or part of the highway and, on registration, the municipality may create air space parcels and deal with them under this Act.

  (4) For the purpose of this section, an indefeasible title may be registered for all or part of a highway.

1979-219-139; B.C. Reg. 537/79; 1982-60-34, proclaimed effective August 1, 1983; 1999-3-18, deemed in force at the end of March, 1999; 2003-66-39; 2004-44-122, effective December 31, 2004 (B.C. Reg. 547/2004).