Land Title Practice Manual

18 Decision Of Approving Authority

In This Volume

  • 18 (1) After considering the report submitted under section 17, the approving authority must approve, approve with modifications or reject the expropriation, but an expropriation must not be modified so as to affect land of a person who was not a participant in the inquiry.
  • (2) If
  • (a) an inquiry is not requested or has been refused, or
  • (b) an owner is not, under section 10(2), entitled to request an inquiry,
  • the approving authority must
  • (c) approve the expropriation, and
  • (d) notify the expropriating authority and each owner of the approval in writing.
  • (3) If an inquiry was held, the approving authority must, not later than 30 days after receiving the report submitted under section 17, serve the approving authority’s decision, with written reasons, on every participant and every owner of the land expropriated.
  • (4) If a request for an inquiry is withdrawn, the approving authority may proceed as though the request had not been made.
  • (5) If the approving authority modifies the expropriation under subsection (1), the expropriating authority must
  • (a) file in the land title office an amended expropriation notice in accordance with the modification, and section 6(4) applies, and
  • (b) notify each owner of the modified approval in writing and accompany the notice with a copy of the amended expropriation notice.
  • (6) If the approving authority rejects the expropriation,
  • (a) the expropriating authority must file in the land title office a notice of cancellation in the prescribed form, and
  • (b) on receiving the notice of cancellation, the registrar must cancel the expropriation notice filed and endorsed under section 7(1).

1987-23-17; 2004-61-9, effective March 18, 2005 (B.C. Reg. 95/2005); 2023-10-224.

REGULATIONS AND FORMS

Regulations and Forms under Section 16 Apply to Modification under Section 18(5)

The regulations and forms under s. 16 apply equally to a modification notice under s. 18(5).

Form 6, Cancellation of Expropriation Notice

Section 6 of the Expropriation Act General Regulation prescribes the use of Form 6, Cancellation of Expropriation Notice, for a cancellation under s. 18(6)(a). The form is reproduced in this chapter. The application for filing the notice in the land title office is incorporated into the form.

Submissions

On the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Expropriation Act—Cancellation (Provincial), and attach an image of the Form 6, Cancellation of Expropriation Act Notice.

This transaction receives preliminary examination prior to receiving immediate application number, date, and time.

PRACTICE

Practice under Section 16 Applies to Modification under Section 18(5)

The discussion of “Practice” under s. 16 applies equally to a modification under s. 18(5).

Cancellation of Expropriation Notice

The registrar endorses a cancellation of an expropriation under s. 18(6)(b) on the register. After cancellation of an expropriation under s. 18(6)(b), the registrar does not need to carry forward the legal notation to new titles.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

For inquiry and report, see the comments under the same heading for s. 16 of the Act.