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45 (1) A person must not interfere with the level of a dike that is crossed by a highway or private road.

  • (2) If
  • (a) the top of a dike forms a portion of a highway, and
  • (b) the council has not granted a diking commission the privilege of using the existing highway for a dike,
  • it is the duty of the council to maintain the dike at a constant level, and to repair all injury directly or indirectly caused to the dike by its use as a highway.
  • (3) For certainty, a council’s duty under subsection (2) is limited to the highway as a highway and, except as otherwise required, does not extend to or include repair or maintenance of the dike as distinct from the highway.

2003-26-45, effective January 1, 2004 (B.C. Reg. 423/2003).