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313 (1) For the purpose of constructing works referred to in subsection (2), a board may appropriate the land that constitutes the channel or bed of a stream that passes through the regional district, without compensation to the owner.

  • (2) The power under subsection (1) may be exercised in relation to one or more of the following:
  • (a) dikes;
  • (b) works to maintain the proper flow of water in a stream, ditch, drain or sewer in the regional district;
  • (c) works to reclaim or to protect part of the land mass of the regional district from erosion by action of the sea or a stream or from any other cause;
  • (d) works to protect all or part of the banks of the stream from erosion or damage;
  • (e) works to make a watercourse part of the regional district drainage system, whether the watercourse is on a highway, regional district land or private land;
  • (f) works through, under or over land adjoining a highway to protect the highway from damage by water.
  • (3) Before exercising the power under subsection (1), the board must, by bylaw, define the channel or bed of the stream.
  • (4) A certified copy of every bylaw under subsection (3), together with a plan showing the channel or bed of the stream as defined in the bylaw, must be filed in the land title office of the district in which the land affected is located.

1999-37-121, effective September 28, 1999 (B.C. Reg. 301/1999); 2003-52-283, effective January 1, 2004, (B.C. Reg. 465/2003); RSBC 2015-1-313, effective January 1, 2016 (B.C. Reg. 257/2015).


See the Practice Notes under s. 34 of the Community Charter34 Appropriation of stream channel or bed without compensation” in this chapter with respect to the registrar’s requirements for filing an appropriation bylaw in the land title office.