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27 (1) This section applies to land vested in a municipality under

  • (a) section 29 of this Act,
  • (b) section 510(13) of the Local Government Act, or
  • (c) section 567(5)(a) of the Local Government Act.
  • (2) A council may, by bylaw adopted with the approval of the electors,
  • (a) dispose of all or part of the land in exchange for other land suitable for a park or public square, or
  • (b) dispose of the land, provided that the proceeds of the disposal are to be placed to the credit of a reserve fund under section 188(2)(b).
  • (3) Land taken in exchange by a municipality under this section is dedicated for the purpose of a park or public square and the title to it vests in the municipality.
  • (4) A transfer of land by a municipality under this section has effect free of any dedication to the public for the purpose of a park or a public square and section 30(3) does not apply.

2003-26-27, effective January 1, 2004 (B.C. Reg. 423/2003); RS 2015-1-RevSch.

PRACTICE

Park Exchange Bylaw

When a municipality disposes of park land in exchange for other lands to be dedicated as park, the municipality files the bylaw and accompanying plan in the land title office together with an application and the prescribed fees.

Electronic Plans

For electronic plans, the registrar requires the following documents to exchange park land:

  1. Form of Application: The director requires an electronic Application to Deposit Plan at Land Title Office. This form and the other electronic forms required to exchange park land are available at ltsa.ca.
  2. Supporting Documents: Where an electronic plan package consists of a bylaw plan, the certified copy of the bylaw or resolution is attached to an electronic Declaration and submitted immediately following the electronic Application to Deposit Plan at Land Title Office. The electronic filing system automatically appends the declaration to the plan application during the submission process.

    A municipal bylaw or resolution is in the class of supporting documents designated by the director for electronic filing.

  3. Reference or explanatory plan: The reference or explanatory plan defines the park areas that are the subject of disposal or dedication. The plan heading should include a reference to s. 27 of the Community Charter and s. 120 of the Land Title Act and a reference to the plan that dedicated the park. For example:

    REFERENCE PLAN TO ACCOMPANY CITY OF ___________ EXCHANGE BYLAW NO. ____ OF PARK DEDICATED ON PLAN VIP12345, AND PART OF LOT 1, PLAN 54321, ALL IN SECTION 1, NANAIMO DISTRICT, PURSUANT TO SECTION 120 OF THE LAND TITLE ACT AND SECTION 27 OF THE COMMUNITY CHARTER.

    An electronic reference or explanatory plan with a pre-assigned plan number is attached to a Survey Plan Certification signed electronically by the British Columbia land surveyor. Enter the pre-assigned plan number and control number for the Survey Plan Certification in the electronic Application to Deposit Plan at Land Title Office.

  4. Form 17: For an electronic Form 17 Fee Simple, select the transaction type TITLE TO CLOSED ROAD to raise title in the name of the municipality. In the Additional Information field, clarify the application as Title to Park in addition to including a reference to s. 27 of the Community Charter and s. 120 of the Land Title Act. EFS will collect the fees approved in items 4(a) and 7.1(c) in the Schedule of Land Title Act Fees set out at chapter 31 (Land Title Act—Fees) of this Manual.
  5. Form A Transfer: An electronic Form A is used to transfer title from the municipality to the party dedicating land in exchange for parkland disposed of by the municipality. In transferring closed road or park from the municipality to the owner of adjacent land, select NO PID NMBR in Item 2 of the Form A and complete the Related Plan Number field using the pre-assigned plan number of the subdivision or reference plan that consolidates the closed park with the adjacent land. If the transfer is not related to a subsequent consolidation plan, the Form A cannot be submitted until the land title office has assigned a PID number and issued a title to the closed park.

    The electronic application must include at least one legal description with a registered title and PID number, in addition to the legal description for the closed road.

    • (a) Select NO PID NMBR and complete the Related Plan Number field for the closed road legal description.
    • (b) Each legal description must be entered separately.
    • (c) Click Use 30 Parcel Schedule or Use 3 Parcel Schedule as needed.

    All signatures of the owners and holders of registered charges and plan approvals are located on the electronic Application to Deposit Plan at Land Title Office. In addition to the Survey and Plan Rules at www.abcls.ca, the director’s directions for electronic plans are set out in the Electronic Land Title Plan and Plan Application Requirements at ltsa.ca.

    The Form A must be accompanied by a Property Transfer Tax form. EFS will collect the fees approved in items 4(a) and 7.1(c) in the Schedule of Land Title Act Fees and set out at chapter 31 (Land Title Act—Fees) of this Manual.

  6. Subdivision or Consolidation: An electronic Subdivision or Reference plan consolidation with a pre-assigned plan number. The plan image is attached to a Survey Plan Certification signed electronically by the British Columbia land surveyor.

Hardcopy Plans

For hardcopy plans, the registrar requires the following documents to exchange park land:

  1. Form of Application: A covering or filing letter for the deposit of the hardcopy plan.
  2. Supporting Documents: A certified copy of the park exchange bylaw is attached to the covering or filing letter together with the fees approved in items 4(a) and 7(c) in the Schedule of Land Title Act Fees set out at chapter 31 (Land Title Act—Fees) of this Manual.
  3. Reference or explanatory plan: The reference or explanatory plan defines the park areas that are the subject of disposal or dedication. The plan heading should include a reference to s. 27 of the Community Charter and s. 120 of the Land Title Act and a reference to the plan that dedicated the park. For example:

    REFERENCE PLAN TO ACCOMPANY CITY OF ___________ EXCHANGE BYLAW NO. ____ OF PARK DEDICATED ON PLAN VIP12345, AND PART OF LOT 1, PLAN 54321, ALL IN SECTION 1, NANAIMO DISTRICT, PURSUANT TO SECTION 120 OF THE LAND TITLE ACT AND SECTION 27 OF THE COMMUNITY CHARTER.

  4. Form 17: A Form 17 Application to raise title in the name of the municipality. A Property Transfer Tax form is not required for this application.
  5. Form A Transfer: A Form A to transfer title from the municipality to the party dedicating land in exchange for parkland disposed of by the municipality. The Form A must be accompanied by a Property Transfer Tax form.
  6. Subdivision or Consolidation: The director requires the use of Form 10, Application to Deposit Subdivision Plan. A reference or subdivision plan is required to dedicate the new park, and if applicable, to create new lots by the consolidation of the closed park with adjacent lands. The legal description in the plan heading must contain reference to both the bylaw plan and the other land contained within the heavy outline.

Hardcopy Land Title Forms are reproduced at chapter 33 (Land Title Act—Forms) of this Manual and templates are available for download at ltsa.ca.

Park Disposal Bylaw

When a municipality disposes of park land, it files the bylaw and accompanying plan in the land title office together with an application and the prescribed fees.

  1. Form of Application: The director requires an electronic Application to Deposit Plan at Land Title Office. This form is available at ltsa.ca.
  2. Supporting Documents: Where an electronic plan package consists of a bylaw plan, the certified copy of the bylaw or resolution is attached to an electronic Declaration and submitted immediately following the electronic Application to Deposit Plan at Land Title Office. The electronic filing system automatically appends the declaration to the plan application during the submission process.

    A municipal bylaw or resolution is in the class of supporting documents designated by the director for electronic filing.

  3. Reference or explanatory plan: The reference or explanatory plan defines the part that is subject to the disposal. The plan heading should include a reference to s. 27 of the Community Charter and s. 120 of the Land Title Act and a reference to the plan that dedicated the park.

    An imaged electronic plan with a pre-assigned plan number is attached to a Survey Plan Certification form that is signed electronically by the British Columbia land surveyor. Enter the pre-assigned plan number and control number for the Survey Plan Certification in the electronic Application to Deposit Plan at Land Title Office.

  4. Form 17: For an electronic Form 17 Fee Simple, select the transaction type TITLE TO CLOSED ROAD to raise title in the name of the municipality. In the Additional Information field, clarify the application as Title to Park in addition to including a reference to s. 27 of the Community Charter and s. 120 of the Land Title Act. No attachment is necessary. EFS will collect the fees approved in items 4(a) and 7.1(c) in the Schedule of Land Title Act Fees and set out at chapter 31 (Land Title Act—Fees) of this Manual.
  5. Form A Transfer: An electronic Form A is used to transfer title to the closed park from the municipality to the owner of adjacent land. Select NO PID NMBR in Item 2 of the Form A and complete the Related Plan Number field using the pre-assigned plan number of the subdivision or reference plan that consolidates the closed park with the adjacent land. If the transfer is not related to a subsequent consolidation plan, the Form A cannot be submitted until the land title office has assigned a PID number and issued a title to the closed park.

    The Form A must be accompanied by a Property Transfer Tax form. EFS will collect the fees approved in items 4(a) and 7.1(c) in the Schedule of Land Title Act Fees and set out at chapter 31 (Land Title Act—Fees) of this Manual.

Hardcopy Plans

For hardcopy plans, the registrar requires the following documents to dispose of park land:

  1. Form of Application: A covering or filing letter for the deposit of the hardcopy plan.
  2. Supporting Documents: A certified copy of the bylaw is attached to the covering or filing letter together with the fees approved in items 4(a) and 7(c) in the Schedule of Land Title Act Fees set out at chapter 31 (Land Title Act—Fees) of this Manual.
  3. Reference or explanatory plan: The reference or explanatory plan defines the part that is subject to the disposal. The plan heading should include a reference to s. 27 of theCommunity Charter and s. 120 of the Land Title Act and a reference to the plan that dedicated the park.
  4. Form 17: A Form 17 Application to raise title in the name of the municipality. A Property Transfer Tax form is not required for this application.
  5. Form A Transfer: A Form A to transfer title from the municipality to the purchaser. The Form A must be accompanied by a Property Transfer Tax form.

Hardcopy Land Title Forms are reproduced at chapter 33 (Land Title Act—Forms) of this Manual and templates are available for download at ltsa.ca.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Regarding the exchange of park land by regional districts, see s. 281 of the Local Government Act.