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In This Volume

  • 385 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
  • (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
  • (a) respecting a matter to be brought before a court under this Act;
  • (b) establishing a scale of fees on applications and other proceedings authorized by this Act;
  • (c) respecting procedure and practice under this Act insofar as any other Act, Provincial or federal, or a regulation made under such Act, relates to or affects the title to land;
  • (d) respecting the form of and the manner in which the registers and certificates relating to titles are kept or provided, or in which applications under this Act relating to land are made and dealt with, and, if required, modifying the provisions of this Act in that respect;
  • (e) despite this Act, directing the registrar to dispense with or to suspend for any period the issue of duplicate indefeasible titles, or to provide for their issue in certain circumstances;
  • (f) [repealed];
  • (g) limiting the number of persons who may be named as registered owners in fee simple in one indefeasible title;
  • (h) permitting land to be described by reference to an indefeasible title number;
  • (i) [repealed];
  • (j) defining the meaning and legal effect of a word or phrase used in the regulations;
  • (k) varying the hours a registrar must keep the land title office open to the public for the transaction of business;
  • (l) providing for or facilitating the computerization of the land title system;
  • (m) declaring that a designated class of owners in fee simple registered in the absolute fees register are entitled to have indefeasible titles registered to them on compliance with the conditions set out in the regulations;
  • (n) [repealed];
  • (o) prescribing the effect of an approved form of instrument, if the effect of it is not stated in this Act;
  • (p) [repealed];
  • (q) [repealed];
  • (r) [repealed];
  • (s) prescribing the manner of effecting service by electronic means for the purposes of section 317.1 and the method of proving that service.
  • (3) The Lieutenant Governor in Council may make regulations permitting or requiring the registration and governing the procedure for registration of the title to and dealings with an estate or interest in land less than the fee simple, including statutory rights of way that, before or after this Act comes into force, may be granted or created
  • (a) by the Crown in right of British Columbia;
  • (b) by the Crown in right of Canada;
  • (c) by a public officer, ministry or department of the Province or Canada; or
  • (d) by a municipality or regional district
  • under an enactment.
  • (4) The regulations referred to in subsection (3) may
  • (a) classify the various estates or interests in any manner,
  • (b) apply separate provisions to separate classes,
  • (c) make registration compulsory or permissive,
  • (d) extend all or part of this Act to the registration,
  • (e) specify the offices in which the registration is to be effected,
  • (f) provide that registered judgments must form a charge on all estates or interests of the judgment debtor registered under the regulation so made, and
  • (g) in the case of statutory rights of way, set the value per kilometre of right of way for the purpose of payment of fees on the registration of the title to the statutory right of way.
  • (5) The Association of British Columbia Land Surveyors may make rules under section 75 of the Land Surveyors Act respecting the conduct of surveys referred to in this Act and the form and content of plans to be filed, registered or deposited under this Act.

1979-219-314; 1980-1-14, proclaimed effective September 22, 1980; 1982-60-84, 85, proclaimed effective August 1, 1983; 1987-15-33, effective March 23, 1987 (B.C. Reg. 323/87); 1989-69-31, effective April 1, 1990 (B.C. Reg. 53/90); 1998-43-310, effective July 1, 2000 (B.C. Reg. 43/2000); 2003-66-35; 2003-52-154, effective January 1, 2004 (B.C. Reg. 465/2003); 2004-21-66; 2004-66-136, effective January 20, 2005 (B.C. Reg. 16/2005); 2004-21-66, 67, effective January 21, 2005; 2006-24-45, effective July 21, 2006 (B.C. Reg. 229/2006); 2017-10-60, Sch. 1.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See chapter 32 (Land Title Act—Regulations and Director’s Directions) in this Manual for regulations under the Land Title Act.

Rules

The Association of British Columbia Land Surveyors has adopted the Survey and Plan Rules. As required under s. 75 of the Land Surveyors Act, R.S.B.C. 1996, c. 248, the Rules have been approved and ordered by the Surveyor General. A copy of the Rules is available at www.abcls.ca. Note that these rules are revised frequently and readers should refer to the ABCLS website for the most up-to-date version.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, paras. 14, 28, 42, and 90, and vol. 2, paras. 390 and 754.