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In This Volume

503 (1) If a local government issues any of the following, it must file in the land title office a notice that the land described in the notice is subject to the permit:

  • (a) a development permit;
  • (b) a temporary use permit;
  • (c) a development variance permit.
  • (2) On filing of a notice under subsection (1), the registrar of land titles must make a note of the filing against the title to the land affected.
  • (3) If a permit referred to in subsection (1) is amended or cancelled, the local government must file a notice of the amendment or cancellation in the manner prescribed by regulation of the Lieutenant Governor in Council, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected.
  • (4) If a notice is filed under subsection (1) or (3), the terms of the permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the permit.
  • (5) In the event of any omission, mistake or misfeasance by the registrar of land titles or the employees of the registrar in relation to the making of a note of the filing under subsection (1) or (3) after the notice is received by the land title office,
  • (a) neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
  • (b) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and
  • (c) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.

1985-79-8; 1987-14-38; 1992-18-91, effective July 24, 1992 (B.C. Reg. 283/92); 1997-25-146; 2004-66-154, effective January 20, 2005 (B.C. Reg. 16/2005); RSBC 2015-1-503, effective January 1, 2016 (B.C Reg. 257/2015).

FORMS

Notice of Permit

Submissions (Local Government Filing Form)

On the Local Government Filing Form, select Nature of Interest, Notice of Permit. No attachment is required.

The Local Government Filing Form can also be used to cancel any local government notices from registered titles.

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.

Submissions (Hardcopy Template Attached to an Electronic Form 17)

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 Permit.

The following is an example of the notice that a local government must file under s. 503 of the Act when attached, as a supporting document, to an electronic Form 17 Charge, Notation or Filing.

PRACTICE

Notice of Permit to Be Filed

Section 503 requires a local government to file a notice that the land described is subject to a permit, but it does not require the local government to file the permit itself. Nothing in the notice should indicate that a permit is attached.

Content of Notice

The notice should contain the following information:

  1. a description of the type of development permit issued and a reference to the statutory authority;
  2. a statement that the land described in the notice is subject to the permit;
  3. a legal description of the land affected; and
  4. in the case of a temporary use permit issued under s. 493, the issue date and expiry date of the permit, a statement authorizing the registrar to cancel the notation on or after its expiry date without further application, and a consent to the cancellation by effluxion of time.

The designated local government officer must sign the notice and the notice must bear the imprint of the official seal of the municipal or regional government.

Endorsement of Title

The registrar makes an endorsement regarding the filing of a notice of permit in the legal notations segment of title. If the notice relates to a temporary use permit, the registrar includes the expiry date of the notice.

Cancellation or Amendment of Notice

The registrar refuses any notice of amendment that purports to extend the expiry date of a temporary use permit beyond two years. Apart from this, a notice of amendment or cancellation of a permit must be issued by the local government, in a form satisfactory to the registrar, and contain the following information:

  1. the running serial number of the original notice;
  2. a statement that the permit has been cancelled or amended, or has expired; and
  3. authorization for the registrar to cancel or amend the notation.

When the registrar receives an application to cancel a notice, the registrar releases the legal notation. When the registrar receives an application to amend the notice, the registrar modifies the existing legal notation.

Submissions (Local Government Filing Form)

Amendments

For authorized subscribers, use the Local Government Filing Form, select Nature of Interest, Notice of Permit (Modification). No attachment is required.

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 Amendment.

Cancellations

For authorized subscribers, use the Local Government Filing Form, select Nature of Interest, Cancellation of Legal Notation. No attachment is required.

For all other subscribers, use the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Municipal Government Notice, and attach an image of the original Cancellation of Notice of Permit.

Expiration of Temporary Use Permit by Effluxion of Time

On expiration of a temporary use permit by effluxion of time, the registrar removes the legal notation made when registering a new title.

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Notation by Effluxion of Time. No attachment is required.

Deposit of Subdivision Plan Affecting All or Part of Land Affected by Permit

On the deposit of a subdivision plan affecting all or part of the land subject to a permit, the registrar carries forward the notation of the notice to all new titles registered in consequence of the deposit of the plan. If the subdivided area is no longer to be governed by the permit, the local government must file a notice of amendment and cancellation.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Permits under Sections 490, 493, 498 and 521

Section 490 authorizes the issuance of development permits, s. 493 authorizes the issuance of temporary use permits, and s. 498 authorizes a local government to issue development variance permits. Section 521 requires the filing of a notice of a phased development agreement under s. 503 of the Act.