67 Requirements As To Subdivision And Reference Plans

FORMS

Statement by Surveyor

Electronic Plans

For electronic plans, the Statement by Surveyor is contained in the electronic Survey Plan Certification form with an attached image of the plan to which the British Columbia land surveyor applies an electronic signature. The electronic Survey Plan Certification form is available at ltsa.ca.

The Statement by Surveyor must be in a form approved by the director. The approved form is set out in s. 4.2 of the Electronic Land Title Plan and Plan Application Requirements, available at https://ltsa.ca/wp-content/uploads/2020/10/Electronic_Land_Title_Plan_and_Plan_Application_Requirements.pdf.

Survey and Plan Rule 3-6 is applicable.

Plans Dedicating Arterial Highways

All plans dedicating arterial highways and submitted for deposit in a land title office must comply with Survey and Plan Rule 3-12(6), which supports the implementation of s. 44.1 of the Transportation Act, S.B.C. 2004, c. 44. See s. 4.1(l) of the Electronic Land Title Plan and Plan Application Requirements, available at https://ltsa.ca/wp-content/uploads/2020/10/Electronic_Land_Title_Plan_and_Plan_Application_Requirements.pdf.

For plans submitted in electronic form, on the electronic Survey Plan Certification form (version 7 and higher), select Arterial Highway. The plan image must also include the following notation that the plan dedicates the arterial highway in accordance with s. 44.1 of the Transportation Act, Survey and Plan Rule 4-5(12), and Electronic Land Title Plan and Plan Application Requirements s. 4.2:

This plan dedicates arterial highway as authorized by the Minister of Transportation and Infrastructure.

Amended Statement by Surveyor for Survey Plans over First Nation Treaty Lands

Section 77.1 of the Land Act authorizes the Surveyor General to issue survey instructions to British Columbia land surveyors for survey plans over First Nation treaty lands, as follows:

• 77.1 Despite this Part, for the purposes of a survey of treaty lands, the Surveyor General may issue instructions to a British Columbia land surveyor that

• (a) the Surveyor General considers necessary or advisable, and
• (b) are consistent with the final agreement of the treaty first nation.

Some plans defining First Nation treaty lands are based on a combination of field survey and existing plans. The Director of Land Titles has approved Form 9A, Amended Statement by Surveyor, to allow British Columbia land surveyors to certify these plans. All hardcopy survey plans that are based on a combination of field survey and existing plans must be submitted for deposit in the land title office in Form 9A. See E-filing Directions, available at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf, and the Director’s Requirements for Hardcopy Land Title Forms (DR 04-11), available at https://ltsa.ca/dr_04-11_hardcopy_land_title_forms.

Form 9A is reproduced in chapter 34 (Land Title Forms) and is available for download at ltsa.ca.

PRACTICE

Requirements for Plans

The Survey and Plan Rules are available at www.abcls.ca. With respect to the requirements for plans, see particularly Parts 3 and 4 of the Rules and the Surveyor General’s Circular Letters at “Appendix 3: Surveyor General’s Circular Letters” in this chapter. Note that plans must be submitted electronically. Mylar plans can still be submitted where they were signed prior to the effective date that plan type was required to be submitted electronically. For more information, see E-filing Directions at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf.

The Survey and Plan Rules apply to electronic plans, and specific directions for the completion of plans and plan applications are contained in Electronic Land Title Plan and Plan Application Requirements, available at https://ltsa.ca/wp-content/uploads/2020/10/Electronic_Land_Title_Plan_and_Plan_Application_Requirements.pdf.

Geographic System Designations

Rule 3-2(6) of the Survey and Plan Rules requires that the British Columbia Geographic System designation or designations be included on plans and sets out where they must be shown. Omission of this number is not, however, a reason for rejection by the registrar.

Standard Symbols and Abbreviations

See Rule 3-14 of the Survey and Plan Rules for standard symbols that must be used on plans and abbreviations that may be used. Rule 3-5(1) requires that a legend be included on the plan.

Identifying Deposited Statutory Right of Way, Easement, and Covenant Plans

The surveyor must show deposited statutory right of way, easement, and covenant (restrictive or s. 219) plans on a subdivision or reference plan in broken lines. The surveyor should show the serial deposit number of the plan between the broken lines or otherwise indicate the statutory right of way, easement, or covenant in a manner satisfactory to the registrar. The registrar does not accept solid lines to illustrate the boundaries of the statutory right of way, easement, or covenant. The surveyor should show a right of way plan where there is not an SRW charge on title, but there is a reasonable expectation that an SRW will be placed on title. For instructions regarding lines on plans, see also Rule 3-7(5) of the Survey and Plan Rules and Electronic Land Title Plan and Plan Application Requirements s. 4.1(j).

Boundaries and Changes to Natural Boundaries

Rule 3-12(3) of the Survey and Plan Rules and s. 4.1(i) of Electronic Land Title Plan and Plan Application Requirements require the boundaries of the parcel being subdivided to be shown or referenced on a plan. “Natural boundaries” and any change in the location of “natural boundaries”, as that term is defined in s. 1 of the Land Act, must also be shown on the subdivision or reference plan in accordance with Rule 3-13(1) of the Survey and Plan Rules and s. 4.1(k) of Electronic Land Title Plan and Plan Application Requirements.

Posting Intervals

For new parcel boundaries, Rule 2-10(6) of the Survey and Plan Rules requires that posts be set at intervals not exceeding 800 metres if the boundaries of a parcel exceed 1,200 metres in length.

Intersections with Rights of Way, Easements, and Covenants

A boundary that intersects a right of way, easement, or covenant (restrictive or s. 219) exceeding 6.5 metres in width on any new parcel, other than an air space parcel, must be posted at the intersections with the right of way, easement, or covenant in accordance with Rule 2-11(1) of the Survey and Plan Rules.

Use of Terminal Curves: Rule 4-4(3)

Replacement of Transition (Spiral) Curve

When depositing a subdivision plan, the subdivider is not required to replace the transition (spiral) curve. However, it is difficult to delineate subdivisions bounding a spiral curve without replacing the spiral curve with a terminal curve.

Where Terminal Curve Displaces Land to Adjoining Land

When the substitution of a transition curve with a terminal curve causes the boundary to be displaced into the land of an adjoining title holder (that is, diminishes the area of the adjoining land), the former boundary of the adjoining lands should be shown on the plan as a broken line.

Additionally, the owner of the adjoining land should sign a Form A Transfer of the displaced lands so that the portion of displaced lands can be properly included in the subdivision plan and an appropriate exception made to the legal description.

Where Terminal Curve Displaces Land into Subdivider’s Land

When the substitution of a transition (spiral) curve with a terminal curve causes the boundary to be displaced into the land of the subdivider (that is, diminishes the land area of the subdivider), the owner should sign a Form A Transfer in favour of the adjoining lands to prevent the creation of a gore.

Watercourses: Rule 4-4(7)

• If a watercourse is shown within a parcel and the watercourse:

• (a) is owned by the Crown;
• (b) lies within the boundary of a parcel of one hectare or more in area being created by the plan; and
• (c) is less than 1/10 of the area of the parcel it passes through;

• the natural boundaries of the watercourse may be indicated on the plan, without dimensions, by means that will depict the location of the watercourse.

If a watercourse shown on the plan is to be returned to the Crown, the watercourse is to be designated “Return to Crown”. See Electronic Land Title Plan and Plan Application Requirements s. 4.1(l).

Plan Material: Rule 3-1

Electronic Plans

Rule 3-1(1) of the Survey and Plan Rules indicates the plan image must be in the form, contain the information, and be completed in the manner established by the Director or Surveyor General.

Signatures: Rule 3-2(9)

Electronic Plans

The signatures required for an electronic plan submission are added to the electronic Application to Deposit Plan at Land Title Office form. Click on one of the buttons found at the bottom of the form to open up the appropriate schedule. See also Electronic Land Title Plan and Plan Application Requirements s. 4.3(a).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Subdivision Plans Generally

For a brief description of the subdivision process, see the discussion under “Overview” at the beginning of this Part of the Act.

Plans with Metes and Bounds or Abbreviated Descriptions

See ss. 64 and 99 of the Act.