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In This Volume

  • 18.1 (1) In this section, “statutory right of way” means a statutory right of way as described in section 218 of the Land Title Act that extends fully or partially over land within the agricultural land reserve.
  • (2) Before applying to register a charge granting or otherwise creating a statutory right of way, the applicant must give notice, in the prescribed form and manner, to the commission.
  • (3) A Registrar of Titles must not register a charge granting or otherwise creating a statutory right of way unless the application to register the charge is accompanied by proof, given in the prescribed form and manner, that notice has been given as required under subsection (2) of this section.

2019-32-13, effective September 30, 2020 (B.C. Reg. 57/2020).

PRACTICE

Submissions

Effective September 30, 2020, Form C Charge applications for statutory rights of way that extend fully or partially over land within the agricultural land reserve must be accompanied by the prescribed form referred to in s. 18.1(3) as proof that notice has been given as required under s. 18.1(2). The prescribed form referred to in s. 18.1(3) must be appended to the Form C Charge with a Declaration form. Applicants should contact the Provincial Agricultural Land Commission for the form of notice.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Effective September 30, 2020, s. 58.1(a) of the Act provides for the Lieutenant Governor in Council to make regulations for the purposes of s. 18.1:

Regulations respecting statutory rights of way and subdivision

  • 58.1 The Lieutenant Governor in Council may make regulations as follows:
  • (a) for the purposes of section 18.1,
    • (i) prescribing the form and manner in which notice and proof under that section must be given, and
    • (ii) conferring a discretion on the commission or the Registrar of Titles to determine the form and manner in which notice and proof under that section must be given;

Effective September 30, 2020, s. 34 of the Agricultural Land Reserve General Regulation speaks to the prescribed form of notice of statutory right of way for the purposes of s. 18.1(3):

Notice of statutory right of way

  • 34 (1) For the purposes of section 18.1(3) [notice of statutory right of way] of the Act, the form issued by the commission to the applicant under subsection (2) of this section, confirming that the commission received notice in accordance with section 18.1(2) of the Act, is proof that notice has been given as required under that section.
  • (2) The commission
  • (a) must, if it received notice in accordance with section 18.1(2) of the Act, issue a form confirming that fact, and
  • (b) may issue the form electronically or otherwise.

Applicants should contact the Provincial Agricultural Land Commission for the form of notice