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In This Volume

  • 4.1 (1) In this section:
  • “parcel” has the same meaning as in the Land Title Act;
  • “vested”, in relation to property that vested in the government, means
  • (a) land that escheated to the government, and
  • (b) property, other than land, that vested in the government;
  • “water system property” means
  • (a) works that are used or were developed for obtaining, diverting, treating, storing, pumping, conveying, distributing or furnishing water, and
  • (b) a parcel of land to which any works referred to in paragraph (a) are affixed or on which they are located.
  • (2) This section applies to water system property that vests in the government on the dissolution of the corporation that owned or was entitled to the water system property at the time of its dissolution.
  • (3) Section 4(3) to (5) does not apply to land that is water system property.
  • (4) The Attorney General may dispose of all or part of water system property at any time after the water system property has vested in the government.
  • (5) If the Attorney General disposes of water system property under subsection (4), the Attorney General may, despite section 4(3), grant a right of way or easement over land that escheated from the same corporation that, before it dissolved, owned the water system property that vested in the government, for the purpose of providing access to the water system property.
  • (6) If an application is made under any Act to the Supreme Court to revive a dissolved corporation, the Supreme Court may, if notice of the application has been served on the government, order that water system property of the corporation that had vested in the government vests in the corporation.
  • (7) An order may not be made under subsection (6) in relation to all or part of water system property of the corporation that had vested in the government if the Attorney General has disposed of all or that part of that water system property.
  • (8) Water system property that is the subject matter of an order made under subsection (6) vests in the corporation at the time, in the manner and subject to the conditions set out in the order.
  • (9) The Supreme Court must make it a term of any order made under subsection (6) that the water system property must not vest in the corporation until the government has been reimbursed for any costs and expenses
  • (a) incurred by the government in relation to the water system property after it vested in the government, and
  • (b) for which the government makes application for reimbursement at the time of the hearing.

2006-11-4, effective June 14, 2006 (B.C. Reg. 160/2006).