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58 (1) On receiving a report from a building inspector that the condition that gave rise to the filing of the notice under section 57(3) has been rectified, the corporate officer must file a cancellation notice and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

  • (2) An owner of land with respect to which a notice has been filed under section 57(3), may apply to the council for a resolution that the note be cancelled.
  • (3) After hearing an applicant under subsection (2), the council may pass a resolution directing the corporate officer to file a cancellation notice.
  • (4) If a resolution has been passed under subsection (3), the corporate officer must file a cancellation notice in the land title office and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.
  • (5) If the council does not pass a resolution under subsection (3), the owner may apply to the Supreme Court and notify the municipality to attend before the court to show cause why the note should not be cancelled.
  • (6) On an application under subsection (5), after reviewing any evidence that the owner and the municipality may adduce, the court may make an order directing the registrar to cancel the note made under section 57(5) and, on receiving the order, the registrar of land titles must cancel the note accordingly.

2003-26-58, effective January 1, 2004 (B.C. Reg. 423/2003).

FORMS

For authorized subscribers, use the Local Government Filing Form and select Nature of Interest, Cancellation of Legal Notation. No attachment is required unless application is made under s. 58(6), in which case the court certified copy of the order must be appended.

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.

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 Notice of Cancellation or, where applicable, the court certified copy of the order.