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In This Volume

  • 24 If an omission, misstatement or error has occurred in a plan contained in the order or notice filed under section 7(1), the expropriating authority may
  • (a) register in the land title office a plan replacing or amending the original, or
  • (b) have the plan corrected under section 106 of the Land Title Act.

1987-23-23

FORMS

Registration of Amending or Replacement Plan

The expropriating authority may apply for registration of an amending plan or replacement plan.

Submissions

Filing replacement plans

An electronic reference or explanatory plan with a pre-assigned plan number is attached to a Survey Plan Certification Form signed electronically by the British Columbia Land Surveyor. The Survey Plan Certification accompanies the Application to Deposit Plan at Land Title Office. These forms are available at ltsa.ca.

Correcting plans

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Amendment to Filed Plan, and attach an image of the statutory declaration from the British Columbia Land Surveyor explaining the requested correction. A new plan may be required depending on the substance and extent of the corrections.

PRACTICE

Application of Section 106 of the Land Title Act

The microfilming and cross referencing to the original plan required by s. 106 of the Land Title Act also apply to a replacement or amendment of a plan under s. 24 of this Act, together with the practice set out under s. 106 of the Land Title Act in this Manual.

Consents and Satisfactory Evidence under Section 106

The practice under s. 106 of the Land Title Act in this Manual as to the obtaining of consents and satisfactory evidence applies, whether or not an expropriating authority uses s. 24 of the Expropriation Act or s. 106 of the Land Title Act to effect the correction.

Section 24 Not to Be Used to Circumvent Requirement to Amend Expropriation Notice

An expropriating authority may not use s. 24 as a device to circumvent the requirement to amend an expropriation notice. Where the correction results in the taking of additional land from the owner beyond that contemplated in the notice, neither s. 24 of the Act nor s. 106 of the Land Title Act is available.