16 Cancellation Of Plans | Land Title Practice Manual

16 (1) For the purpose of applying section 124 of this Act in relation to treaty lands,

(a) the reference in section 124(1)(b)(i) to “applicable subdivision and zoning bylaws” must be read as a reference to the applicable laws of the treaty first nation relating to subdivision and zoning, and
(b) the petitioner must request and file the report required under section 124(2) only if any part of the public area affected by the petition is vested in the Crown in right of the Province or the BC Transportation Financing Authority for highway purposes.

(2) For the purpose of applying section 125(2) of this Act in relation to a plan in respect of treaty lands, the petitioner referred to in that section

(a) need not comply with section 125(2)(e), and
(b) for greater certainty, must serve a copy of the petition and notice of the hearing on the treaty first nation.

(3) For the purpose of applying section 126(b) of this Act in relation to a plan in respect of treaty lands, the petitioner referred to in that section must post the petition and any other documents, for 4 consecutive weeks before the date set for hearing, at the principal administration building of the treaty first nation.
(4) Section 131(1)(c) and (e) of this Act does not apply in relation to treaty lands.
(5) For the purpose of applying section 133 of this Act in relation to the treaty lands of a treaty first nation,

(a) the treaty first nation has the same power to oppose the cancellation or alteration of the boundaries of all or part of a public area as the minister charged with the administration of the Transportation Act has in respect of all or part of a public area that is an arterial highway or a public area outside a municipality, and
(b)
the minister charged with the administration of the Transportation Act may oppose the cancellation or alteration of boundaries of all or part of a public area only if
- (i) an estate or interest in that public area is vested in the Crown in right of the Province or the BC Transportation Financing Authority for highway purposes, or
- (ii) the public area intersects or is adjacent to an area in which the Crown in right of the Province or the BC Transportation Financing Authority is vested with an estate or interest for highway purposes in circumstances described in the final agreement as circumstances in which British Columbia has the right to regulate highway matters in relation to treaty lands.

(6) For the purpose of applying section 137 of this Act in relation to treaty lands, the registrar has the same power under section 137(1)(a) to cancel the lines dividing 2 or more contiguous parcels owned by the treaty first nation as the registrar has in respect of 2 or more contiguous parcels owned by the Crown.