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40 (1) The minister may, subject to terms and conditions the minister considers advisable,

  • (a) grant or otherwise create a right of way or easement over Crown land, and
  • (b) grant or otherwise create over Crown land, the title to which is not registered under the Land Title Act, an easement without a dominant tenement for any purpose necessary for the operation and maintenance of the grantee’s undertaking, including a right to flood.
  • (2) An easement of the kind described in subsection (1)(b)
  • (a) is not registrable, and
  • (b) ceases to exist over land forming all or part of its servient tenement the title to which becomes registered under the Land Title Act, but continues over any part of its servient tenement the title to which remains unregistered.
  • (3) [Repealed 2015-26-39].
  • (4) An easement or right of way granted before or after May 1, 1970 may be continued or renewed by the minister for the period the minister believes proper, despite this Act or the Land Title Act, and even if the servient tenement has ceased to be Crown land.
  • (5) To the extent necessary to give effect to this section, the rule requiring an easement to have a dominant and a servient tenement is abrogated.
  • (6) In respect of easements other than rights of way
  • (a) this section is retroactive in its application and applies to all easements over Crown land whenever created, and
  • (b) the government is deemed always to have been able to create easements by grant or otherwise.

1979-214-37; 1980‑22‑4, proclaimed effective September 18, 1980; 1983‑10‑21, effective October 26, 1983 (B.C. Reg. 393/83); 1983‑20‑31, effective May 7, 1984 (B.C. Reg. 125/84); 2015-26-39, effective September 22, 2015 (B.C. Reg. 174/2015); 2023-10-420.


Registration of Right of Way

See s. 24 of the Land Title Act Regulation, B.C. Reg. 334/79, which provides:

  • 24 (1) Where a right of way is granted over Crown land under section 40 of the Land Act, the registrar shall, on receiving the grant, enter “Her Majesty the Queen in right of the Province of British Columbia” in the register as fee simple owner of the land covered by the grant.
  • (2) Where the grantee of the right of way referred to in subsection (1) applies for registration of the grantee’s title to the right of way, the registrar shall, on compliance with the Act, register the title to the right of way by endorsing a memorandum of it on the register.

[am. B.C. Reg. 64/2021, effective March 11, 2021.]

Electronic Submissions

For electronic submissions, the director has approved the use of the electronic Form C Charge. This form is available in Web Filing using a myLTSA Enterprise account.

Where a Statutory Right Of Way—Crown land is applied for in the electronic Form C Charge but no title has been issued for the Crown land, the application must be accompanied by an application to raise title in the name of “The Crown in right of the Province of British Columbia” by preparing an electronic Form 17 Fee Simple and selecting Title To Crown Land—SRW s.24 BC Regs 334/79 from the drop-down menu.