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In This Volume

  • 52.1 (1) If the chief executive officer makes a remediation order under section 52 (1) in respect of agricultural land, the chief executive officer may file in the land title office a written notice containing
  • (a) a description of the agricultural land sufficient for the Registrar of Titles to identify the agricultural land in the records of the land title office, and
  • (b) a statement that
    • (i) an order has been issued under this Act that affects the agricultural land,
    • (ii) further information about the order may be inspected at the offices of the commission, and
    • (iii) any person who acquires an interest in the agricultural land before the order ceases to have effect is subject to the order.
  • (2) If a notice is filed under subsection (1) and on payment of all applicable fees imposed under the Land Title Act, the Registrar of Titles must make a note of the filing against the title to the land that is affected by the notice.
  • (3) In the event of any omission, mistake or misfeasance by the Registrar of Titles or the staff of the Registrar of Titles in relation to the making of a note of a filing, or the registration of a transfer or other disposition under this section,
  • (a) neither the Registrar of Titles, nor the government nor the Land Title and Survey Authority of British Columbia is liable vicariously, and
  • (b) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 [Land Title and Survey Authority Assurance Fund] of the Land Title Act.
  • (4) If a note is made under subsection (2) of this section, the order made under section 52 (1) and, if applicable, any variation of it are binding on all persons who acquire an interest in the agricultural land that is the subject of the order.
  • (5) The authority under this section is in addition to any other action that the chief executive officer or the commission is authorized to take under this Act in respect of a contravention of this Act, the regulations or an order of the commission or chief executive officer.

2019-32-30, effective September 30, 2020 (B.C. Reg. 57/2020).

PRACTICE

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Notice of Remediation Order, and attach an image of the original letter signed by the chief executive officer or their delegate that includes all of the information required under s. 52.1(1).

The registrar adds the following legal notation to the affected titles pursuant to s. 52.1(2):

Notice of Remediation Order, Agricultural Land Commission Act, Section 52.1, See (doc #)