Skip to main content

34 Appropriation Of Stream Channel Or Bed Without Compensation

In This Volume

34 (1) A council may appropriate the land constituting the channel or bed of a stream that passes through the municipality, without compensation to the owner, for the purpose of constructing 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 municipality;
  • (c) works to reclaim or to protect part of the land mass of the municipality from erosion by action of the sea or a stream or by 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 municipal drainage system, whether the watercourse is on municipal land, private land or a highway;
  • (f) works through, under or over land adjoining a highway to protect the highway from damage by water.
  • (2) Before exercising the power under subsection (1), the council must, by bylaw, define the channel or bed of the stream.
  • (3) A certified copy of every bylaw under subsection (2), 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.

2003-26-34, effective January 1, 2004 (B.C. Reg. 423/2003).

PRACTICE

Filing an Appropriation Bylaw in the Land Title Office

Upon receipt of an application to file a Notice of Appropriation, supported by a certified copy of the bylaw together with the plan showing the channel or bed of the stream defined in the bylaw, , the registrar endorses the following legal notation against the title of the lands affected:

NOTICE OF APPROPRIATION PURSUANT TO SECTION 34 OF THE COMMUNITY CHARTER, SEE (DOC #)

Submissions

For authorized subscribers, use the Local Government Filing Form and select Nature of Interest, Notice of Appropriation. Attach a certified copy of the bylaw and the plan showing the channel or bed of the stream defined in the bylaw.

Only authorized subscribers, as defined in E-filing Directions (reproduced at chapter 69 (Director’s Directions) in this Manual and available at ltsa.ca), have the authority to sign this form electronically.

For all other subscribers, use the Form 17 Charge, Notation or Filing, select Nature of Interest, Municipal Government Notice, and attach an image of the original Notice of Appropriation, a certified copy of the bylaw and the plan showing the channel or bed of the stream defined in the bylaw.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Regarding the filing of appropriation bylaws by regional districts, see s. 313 of the Local Government Act.