In This Volume
- Land Title Act Part 1 (ss. 1 to 3)—Definitions, Interpretation and Application
-
Land Title Act Part 2 (ss. 4 to 19)—Land Title Offices and Officers
- Overview of Part 2 [§2.1]
-
Legislation and Commentary [§2.2]
- 4 Land title districts [§2.3]
- 5 Power to constitute and change districts [§2.4]
- 6 Land title office [§2.5]
- 7 Continuation of existing offices and records [§2.6]
- 8 Duty of registrar to provide records affecting land in new district [§2.7]
- 9 Director of Land Titles [§2.8]
- 10 Registrar and staff [§2.9]
- 11 Deputy registrar and assistant deputy registrar [§2.10]
- 12 Evidence of authority of officials to act in certain cases [§2.11]
- 13 Qualifications for appointment to office [§2.12]
- 14 Prohibition of officers and staff acting in conflict with duties [§2.13]
- 15 Official seal [§2.14]
- 16 Office hours [§2.15]
- 17 [Repealed] [§2.16]
- 18 Protection of director and registrar from personal liability [§2.17]
- 19 Exemption of registrar from attendance as witness in court [§2.18]
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Land Title Act Part 3 (ss. 20 to 38)—Registration and Its Effect
- Overview of Part 3 [§3.1]
-
Legislation and Commentary [§3.2]
- 20 Unregistered instrument does not pass estate [§3.3]
- 21 Unregistered instruments executed and taking effect before July 1, 1905 [§3.4]
- 22 Operation of instrument as from time of registration [§3.5]
- 23 Effect of indefeasible title [§3.6]
- 24 Title by prescription abolished [§3.7]
- 25 Protection of registered owner against actions for recovery of land [§3.8]
- 25.1 Void instruments—interest acquired or not acquired [§3.9]
- 26 Registration of a charge [§3.10]
- 27 Notice given by registration of charge [§3.11]
- 28 Priority of charges based on priority of registration [§3.12]
- 29 Effect of notice of unregistered interest [§3.13]
- 30 Notice of unregistered interest as affecting registered owner of charge [§3.14]
- 31 Priority of caveat or certificate of pending litigation [§3.15]
- 32 Validity of registered voluntary conveyance [§3.16]
- 33 Equitable mortgage or lien not registrable [§3.17]
- 34 Registration of indefeasible title by court order [§3.18]
- 35 Admissibility of instruments [§3.19]
- 36 Completion of registration [§3.20]
- 37 Registration effective from time of application [§3.21]
- 38 Registrar to create official record of instruments and documents [§3.22]
- Land Title Act Part 4 (ss. 39 to 40)—Forms of Instruments
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Land Title Act Part 5 (ss. 41 to 50)—Attestation and Proof of Execution of Instruments
- Overview of Part 5 [§5.1]
-
Legislation and Commentary [§5.2]
- 41 Definitions [§5.3]
- 42 Witnessing and execution [§5.4]
- 43 Witnessing—individuals [§5.5]
- 44 Witnessing—corporations [§5.6]
- 45 Witnessing—individual power of attorney [§5.7]
- 46 Witnessing—corporate power of attorney [§5.8]
- 47 Witnessing—persons not fluent in English [§5.9]
- 47.1 [Repealed] [§5.10]
- 48 Execution under seal [§5.11]
- 49 If instrument not witnessed [§5.12]
- 50 Defects [§5.13]
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Land Title Act Part 6 (ss. 51 to 57)—Powers of Attorney
- Overview of Part 6 [§6.1]
-
Legislation and Commentary [§6.2]
- 51 Deposit of power of attorney on registration of instrument [§6.3]
- 52 Attorney’s powers extend to after acquired land [§6.4]
- 53 Index of powers of attorney [§6.5]
- 54 Effect of execution of second power of attorney [§6.6]
- 55 Power of personal representative or trustee [§6.7]
- 56 Power of attorney valid for 3 years only [§6.8]
- 57 Revocation of power of attorney [§6.9]
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Land Title Act Part 7 (ss. 58 to 120)—Descriptions and Plans
- Overview of Part 7 [§7.1]
-
Legislation and Commentary [§7.2]
- DIVISION 1—GENERAL
- 58 Description of land [§7.3]
- 59 Public official plan [§7.4]
- 60 Description in Crown grant [§7.5]
- 61 Registration of title to Esquimalt and Nanaimo Railway Company land [§7.6]
- 62 Subsequent descriptions of land [§7.7]
- 63 Description by parcels shown on subdivision plan [§7.8]
- 64 Substitution for metes and bounds or abbreviated description [§7.9]
- 65 Assignment of distinguishing letter to remainder [§7.10]
- 66 Assignment of distinguishing letter by registrar [§7.11]
- 67 Requirements as to subdivision and reference plans [§7.12]
- 68 Posting plan [§7.13]
- 69 Block outline survey [§7.14]
- 70 Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant [§7.15]
- 71 Composite plans [§7.16]
- 72 When composite plan not to be deposited [§7.17]
- DIVISION 2—SUBDIVISION OF LAND
- 73 Restrictions on subdivision [§7.18]
- 73.1 Lease of part of a parcel of land enforceable [§7.19]
- 74 Method of defining new parcel [§7.20]
- 75 Requirements for subdivisions [§7.21]
- 76 Relief from requirements established by section 75 [§7.22]
- DIVISION 3—APPOINTMENT, POWERS AND DUTIES OF APPROVING OFFICERS
- 77 Appointment of municipal approving officers [§7.23]
- 77.1 Appointment of regional district and islands trust approving officers [§7.24]
- 77.2 Provincial approving officers [§7.25]
- 77.21 Appointment of treaty first nation approving officers [§7.26]
- 77.3 Nisga’a approving officer [§7.27]
- 78 Certain designations prohibited on subdivision plans [§7.28]
- 79 [Repealed] [§7.29]
- 80 Controlled access highway [§7.30]
- 81 Land in improvement districts [§7.31]
- 82 [Repealed] [§7.32]
- DIVISION 4—APPROVAL OF SUBDIVISION PLANS
- 83 Tender of plan for examination and approval [§7.33]
- 83.1 Referral to designated highways official [§7.34]
- 84 Plan tendered later than 3 months after survey [§7.35]
- 85 Time limit for approval and consideration of public interest [§7.36]
- 85.1 Environmental Management Act requirements must be met [§7.37]
- 86 Matters to be considered by approving officer on application for approval [§7.38]
- 87 Local government matters to be considered by approving officer [§7.39]
- 88 Approval of plan [§7.40]
- 89 Appeal to Supreme Court [§7.41]
- 90 Power of Lieutenant Governor in Council to prohibit deposit of plan [§7.42]
- DIVISION 5—DEPOSIT OF SUBDIVISION PLANS
- 91 Approval of subdivision plan required [§7.43]
- 92 Application for deposit [§7.44]
- 93 Title to land in plan required to be registered [§7.45]
- 94 Endorsement of certificate [§7.46]
- 95 Accreted land within plan [§7.47]
- 96 Water boundary deemed to be natural boundary [§7.48]
- 97 Signatures of owners to plan [§7.49]
- 98 New indefeasible titles for parcels shown on deposited plan [§7.50]
- DIVISION 6—OTHER METHODS OF DEFINING NEW PARCELS
- 99 Registrar to determine whether description of land acceptable [§7.51]
- 100 Re-establishment of boundaries [§7.52]
- 101 Principles guiding approving officer [§7.53]
- 102 Dedication by reference or explanatory plan [§7.54]
- 103 Execution of plan by owner [§7.55]
- 104 Serial deposit number [§7.56]
- DIVISION 7—CONFLICTING MEASUREMENTS
- 105 Power of registrar if measurements on plans conflict [§7.57]
- 106 Power of registrar to correct errors, defects or omissions [§7.58]
- DIVISION 8—VESTING OF TITLE BY DEPOSIT OF PLAN
- 107 Dedication and vesting [§7.59]
- 108 If designation on plan “Returned to Crown in right of the Province” [§7.60]
- 109 Extinguishment of highway not shown on plan [§7.61]
- DIVISION 9—AMENDMENT OF PLAN
- 110 [Repealed] [§7.62]
- DIVISION 10—PENALTIES IF PLANS NOT DEPOSITED
- 111 Rights of purchaser when plan not deposited [§7.63]
- 112 Penalty for failure to deposit plan of subdivision [§7.64]
- DIVISION 11—STATUTORY RIGHT OF WAY PLANS
- 113 Deposit [§7.65]
- 114 Statutory right of way plan may be used in application to register fee simple [§7.66]
- 115 Deposit of statutory right of way plan [§7.67]
- 116 Requirements of statutory right of way plans [§7.68]
- 117 Widening of statutory right of way [§7.69]
- 118 When water boundary deemed natural boundary [§7.70]
- 119 Alteration in deposited statutory right of way plan [§7.71]
- DIVISION 12—PLANS AND DESCRIPTIONS TO ACCOMPANY BYLAWS
- 120 Municipal bylaw cancelling highway or public square dedication [§7.72]
- Appendix 1: Reading Metes and Bounds Descriptions [§7.73]
- Appendix 2: Types of Plans [§7.74]
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Appendix 3: Surveyor General’s Circular Letters [§7.75]
- Re: Headings on Plans Filed Pursuant to Section 69 of the Land Title Act (C.L. No. 455) [§7.76]
- Re: Block Outline Survey—Section 69(3), Land Title Act (C.L. No. 461B) [§7.77]
- Re: Section 108 Land Title Act (C.L. 468) [§7.78]
- Re: Ambulatory Natural Boundaries and Artificial High Water Marks—Effects on the Extent of Ownership (C.L. No. 470) [§7.79]
- Re: Surveys of Crown Land Pursuant to the Land Title Act and the Land Act and Submission of Resultant Plans to the Surveyor General (C.L. No. 475A) [§7.80]
- Re: Accretion and Natural Boundary Adjustment Applications to the Surveyor General Pursuant to Sections 94(1) and 118(1) of the Land Title Act (C.L. No. 477A) [§7.81]
- Re: Block Outline Survey—Amendment to Section 69.1, Land Act (C.L. No. 478) [§7.82]
- Section 58 Land Act Applications (C.L. No. 484B) [§7.83]
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Land Title Act Part 8 (ss. 121 to 137)—Cancellation of Plans
- Overview of Part 8 [§8.1]
-
Legislation and Commentary [§8.2]
- 121 Definitions and interpretation [§8.3]
- 122 Cancellation of plans by application to the registrar [§8.4]
- 123 Petition to cancel plan [§8.5]
- 124 Report of approving officer and district highways manager [§8.6]
- 125 Service of petition and other documents [§8.7]
- 126 Publications and posting [§8.8]
- 127 Notice of intention to appear [§8.9]
- 128 Place of hearing [§8.10]
- 129 Powers of registrar in relation to the hearing [§8.11]
- 130 Duties of registrar on hearing the petition [§8.12]
- 131 Powers of the registrar to cancel or alter a plan [§8.13]
- 132 Opposition by local authority [§8.14]
- 133 Opposition by minister [§8.15]
- 134 Preparation and registration of order [§8.16]
- 135 Registrar may vest an estate in fee simple [§8.17]
- 136 Cancellation by minister of plan comprising Crown land [§8.18]
- 137 Cancellation of interior lines [§8.19]
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Land Title Act Part 9 (ss. 138 to 146)—Air Space Titles
- Overview of Part 9 [§9.1]
-
Legislation and Commentary [§9.2]
- 138 Definitions [§9.3]
- 139 Air space is land [§9.4]
- 140 Covenant to grant easements or to convey restrictive covenants not implied [§9.5]
- 141 Subdivision of land into air space parcels [§9.6]
- 142 Air space parcels in respect of highways [§9.7]
- 143 Air space plan [§9.8]
- 144 Air space plan [§9.9]
- 145 Taxation [§9.10]
- 146 Application [§9.11]
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Land Title Act Part 10 (ss. 147 to 168)—Applications for Registration and Evidence in Support
- Overview of Part 10 [§10.1]
-
Legislation and Commentary [§10.2]
- 147 Application required [§10.3]
- 148 Form and manner of applying [§10.4]
- 149 Address of applicant [§10.5]
- 150 Particulars as to witness and parties to instrument [§10.6]
- 151 [Repealed] [§10.7]
- 152 Description of foreign government [§10.8]
- 153 Time of application [§10.9]
- 154 Application for registration of fee simple [§10.10]
- 155 Application for registration of charge [§10.11]
- 156 Application must be for all lands or charges comprised in instrument [§10.12]
- 157 Forms [§10.13]
- 158 Restrictions as to scope of application [§10.14]
- 159 Registrar may require deposit of instruments [§10.15]
- 160 Summons to produce instruments [§10.16]
- 161 Application to court to compel production or deposit of instruments [§10.17]
- 162 Powers of court on hearing [§10.18]
- 163 Notice of intention to register [§10.19]
- 164 Registration after notice [§10.20]
- 165 Corporate powers assumed [§10.21]
- 166 Disposal of instruments deposited [§10.22]
- 167 Withdrawal of application [§10.23]
- 168 Summary rejection of defective application [§10.24]
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Land Title Act Part 10.1 (ss. 168.1 to 168.7)—Electronic Filing
- Overview of Part 10.1 [§11.1]
-
Legislation and Commentary [§11.2]
- DIVISION 1—DEFINITIONS AND APPLICATION
- 168.1 Definitions [§11.3]
- 168.11 Application of other provisions of Act [§11.4]
- DIVISON 2—ELECTRONIC FILING
- 168.2 Electronic filing [§11.5]
- 168.21 Effect of electronic filing [§11.6]
- 168.22 Directions on electronic filing [§11.7]
- DIVISION 3—SPECIAL RULES FOR CERTAIN DOCUMENTS
- 168.3 Plans—preparation by land surveyor [§11.8]
- 168.31 Plans—signature of other persons [§11.9]
- 168.32 Charges—cancellation by corporate registered owner [§11.10]
- 168.33 Supporting documents [§11.11]
- DIVISION 4—CERTIFICATION BY DESIGNATE
- 168.4 Designates [§11.12]
- 168.41 Documents executed or witnessed [§11.13]
- 168.42 Plans [§11.14]
- 168.43 Supporting documents [§11.15]
- DIVISION 5—GENERAL
- 168.5 Original document [§11.16]
- 168.51 Copies of electronic documents [§11.17]
- 168.52 Admissibility of execution copies [§11.18]
- 168.53 Delivery in registrable form [§11.19]
- 168.54 Deeds [§11.20]
- 168.55 Corrective declarations [§11.21]
- 168.56 Amendments to electronic plans [§11.22]
- 168.57 Production of evidence [§11.23]
- 168.58 Disposal of electronic documents [§11.24]
- DIVISION 6—CERTIFICATION OF SUBSCRIBERS
- 168.6 Definitions [§11.25]
- 168.61 Certification authority [§11.26]
- 168.62 Certification practice statement [§11.27]
- 168.63 Warranties of certification authorities [§11.28]
- 168.64 Immunity [§11.29]
- DIVISION 7—OFFENCES
- 168.7 Offences [§11.30]
-
Land Title Act Part 11 (ss. 169 to 184)—Registration in Fee Simple
- Overview of Part 11 [§12.1]
-
Legislation and Commentary [§12.2]
- DIVISION 1—FIRST REGISTRATION
- 169 Registration of title [§12.3]
- 170 Requirements as to production of title deeds [§12.4]
- 171 Adverse possession [§12.5]
- 172 First estate of inheritance necessary to registration of fee simple [§12.6]
- 173 Several persons interested in registration [§12.7]
- 174 Application to convert absolute fee into indefeasible title [§12.8]
- DIVISION 2—THE REGISTRAR AND DUPLICATE INDEFEASIBLE TITLES
- 175 Register and records [§12.9]
- 176 Duplicate indefeasible title [§12.10]
- 177 Registration of joint tenants [§12.11]
- DIVISION 3—GENERAL
- 178 Limitation on number of parcels [§12.12]
- 179 Rights of owner of surface [§12.13]
- 180 Recognition of trust estates [§12.14]
- 181 Interest or right reserved to transferor [§12.15]
- 182 Registration of restrictive covenants and easements [§12.16]
- Appendix—Summary of the Law of Easements [§12.17]
- Land Title Act Part 12 (ss. 185 to 190)—Transfers
-
Land Title Act Part 13 (ss. 191 to 196)—Dealings With Indefeasible Title Other Than by Registration
- Overview of Part 13 [§14.1]
-
Legislation and Commentary [§14.2]
- 191 Registration of new indefeasible title and change of name [§14.3]
- 192 Registration of several indefeasible titles instead of original [§14.4]
- 193 Lost indefeasible certificate of title [§14.5]
- 194 Effect given to new or provisional indefeasible title [§14.6]
- 195 Surrender of duplicate indefeasible title on registration of charge [§14.7]
- 196 Provisional title may issue to minerals [§14.8]
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Land Title Act Part 14 (ss. 197 to 237)—Charges
- Overview of Part 14 [§15.1]
-
Legislation and Commentary [§15.2]
- DIVISION 1—GENERAL
- 197 Registration of charges [§15.3]
- 198 Registration of person creating charge [§15.4]
- 199 Registration of subcharges [§15.5]
- 200 No subright to purchase registrable [§15.6]
- 201 Registration of assignment of charge [§15.7]
- 202 [Repealed] [§15.8]
- 203 Floating charges on land [§15.9]
- 204 Registration of debt to the government as a charge [§15.10]
- 205 Writ affecting land [§15.11]
- 206 Registration of transfer, extension or modification of charges [§15.12]
- 207 Form of postponement [§15.13]
- 208 Certificates of charge [§15.14]
- 209 Transfer of mortgage [§15.15]
- DIVISION 2—JUDGMENTS
- 210 Registration of judgments in same manner as charge [§15.16]
- 211 Registration of assignment of judgment and form of assignment [§15.17]
- 212 Notice to judgment creditor of intention to register [§15.18]
- 213 Costs on failure to establish priority [§15.19]
- 214 Form of release [§15.20]
- DIVISION 3—CERTIFICATE OF PENDING LITIGATION
- 215 Registration of certificate of pending litigation in same manner as charge [§15.21]
- 216 Effect of registered certificate of pending litigation [§15.22]
- 217 Effect of certificate of pending litigation if prior application is pending [§15.23]
- DIVISION 4—STATUTORY RIGHTS OF WAY, MISCELLANEOUS CONVENANTS AND EASEMENTS
- 218 Statutory right of way [§15.24]
- 219 Registration of covenant as to use and alienation [§15.25]
- 220 Statutory building scheme and letting scheme [§15.26]
- 221 Requirements of registrable restrictive covenant [§15.27]
- 222 Discriminating covenants are void [§15.28]
- 223 Subdivision of dominant tenement [§15.29]
- DIVISION 4.1—PARTY WALL AGREEMENTS
- 223.1 Definitions [§15.30]
- 223.2 Binding effect [§15.31]
- DIVISION 5—MORTGAGES
- 224 Definition [§15.32]
- 225 Form of mortgage [§15.33]
- 226 Modification of standard terms [§15.34]
- 227 Prescribed standard mortgage terms [§15.35]
- 228 Filed standard mortgage terms [§15.36]
- 229 Receipt of standard mortgage terms by mortgagor [§15.37]
- 230 Registrar may require filing [§15.38]
- 231 Effect of a mortgage [§15.39]
- DIVISION 6—GENERAL INSTRUMENTS
- 232 Definitions and application [§15.40]
- 233 Form of general instrument [§15.41]
- 234 Modification of standard terms of general instrument [§15.42]
- 235 Filed standard general instrument terms [§15.43]
- 236 Effect of a general instrument [§15.44]
- 237 Release of registered charge [§15.45]
- Land Title Act Part 15 (ss. 238 to 240)—Instruments
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Land Title Act Part 16 (ss. 241 to 259)—Cancellation of Charges
- Overview of Part 16 [§17.1]
-
Legislation and Commentary [§17.2]
- 241 Cancellation of registration of charge [§17.3]
- 242 Application to cancel mortgage created by vendor [§17.4]
- 243 Redemption of mortgage if mortgagee absent [§17.5]
- 244 Mortgagee’s refusal or neglect to give discharge [§17.6]
- 245 Vesting order in favour of purchaser [§17.7]
- 246 Cancellation if charge determined by effluxion of time [§17.8]
- 247 Cancellation of lease on breach of covenant [§17.9]
- 248 Effect of cancellation [§17.10]
- 249 Power of court to order cancellation of charge [§17.11]
- 250 Cancellation of charge on payment into court [§17.12]
- 251 Application to court [§17.13]
- 252 Cancellation of certificate of pending litigation [§17.14]
- 253 Cancellation of certificate of pending litigation if action discontinued [§17.15]
- 254 Cancellation of certificate of pending litigation if action dismissed [§17.16]
- 255 If action neither dismissed nor discontinued [§17.17]
- 256 Cancellation of certificate of pending litigation on other grounds [§17.18]
- 257 Power of court to order cancellation [§17.19]
- 258 Cancellation of registration [§17.20]
- 259 Discharge of mortgage [§17.21]
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Land Title Act Part 17 (ss. 260 to 280)—Transmission and Fee Simple and Charge
- Overview of Part 17 [§18.1]
-
Legislation and Commentary [§18.2]
- DIVISION 1—GENERAL
- 260 Registration of transmission before subsequent dealing [§18.3]
- 261 Conveyance under Court Order Enforcement Act or Builders Lien Act [§18.4]
- 262 Registration of land vested in crown by statute [§18.5]
- DIVISION 2—ON DEATH OF WILL-MAKER OR INTESTATE
- 263 Definitions [§18.6]
- 264 Power and title of personal representative on registration [§18.7]
- 265 Death before April 1, 1947 [§18.8]
- 266 Death after March 31, 1947 [§18.9]
- 267 Discharge of mortgage [§18.10]
- 268 When resealing may be dispensed with [§18.11]
- DIVISION 3—ON DEATH OF JOINT TENANT
- 269 Transmission re joint tenancies [§18.12]
- 270 Discharge of mortgage by surviving joint tenant [§18.13]
- DIVISION 4—ON FORECLOSURE
- 271 Presumption as to regularity of foreclosure and cancellation proceedings [§18.14]
- DIVISION 5—TAX SALES
- 272 Notice of tax sale as to each parcel sold [§18.15]
- 273 Notice of redemption of tax sale land [§18.16]
- 274 Application to other Acts [§18.17]
- 275 Registration of tax sale purchaser under Taxation (Rural Area) Act [§18.18]
- 276 Effect of registration of title derived from tax sale [§18.19]
- 277 Provincial tax sale purchaser under repealed Acts [§18.20]
- 278 Land forfeited to or vested in Crown [§18.21]
- 279 Tax sales held under Taxation (Rural Area) Act [§18.22]
- 280 Application to the government [§18.23]
- Land Title Act Part 18 (s. 281)—Notice of Certain Conditions and Obligations
-
Land Title Act Part 19 (ss. 282 to 294)—Caveats
- Overview of Part 19 [§20.1]
-
Legislation and Commentary [§20.2]
- 282 Lodging caveat [§20.3]
- 283 Right of registered owner to lodge caveat [§20.4]
- 284 Power of court to issue injunction [§20.5]
- 285 Power of registrar to lodge caveat [§20.6]
- 286 Form of caveat [§20.7]
- 287 Duty of registrar on receipt of caveat [§20.8]
- 288 Effect of caveat [§20.9]
- 289 Proceedings for discharge of caveat [§20.10]
- 290 Withdrawal of caveat [§20.11]
- 291 Further caveat lodged after caveat has lapsed, been withdrawn or discharged [§20.12]
- 292 Registration of withdrawal, lapse or discharge of caveat [§20.13]
- 293 Lapse of caveat [§20.14]
- 294 Compensation if caveat lodged wrongfully [§20.15]
-
Land Title Act Part 19.1 (ss. 294.1 to 294.9)—Land Title Survey Authority Assurance Fund
- Overview of Part 19.1 [§21.1]
-
Legislation and Commentary [§21.2]
- 294.1 Definition [§21.3]
- 294.11 Establishment and maintenance of assurance fund [§21.4]
- 294.12 Application of this Part [§21.5]
- 294.2 Remedies of person deprived of land [§21.6]
- 294.21 Protection of purchaser in good faith and for value [§21.7]
- 294.22 Fault of registrar [§21.8]
- 294.3 Notice of actions against Land Title and Survey Authority [§21.9]
- 294.4 Liability of plaintiff for costs [§21.10]
- 294.5 Judgment against person liable [§21.11]
- 294.6 Limitation of liability of fund [§21.12]
- 294.61 Recovery limited to value of land [§21.13]
- 294.7 Payment from fund without action [§21.14]
- 294.8 Payment by Land Title and Survey Authority [§21.15]
- 294.9 Withholding of payment until proceedings concluded [§21.16]
-
Land Title Act Part 20 (ss. 294.91 to 307)—Government Assurance Fund
- Overview of Part 20 [§22.1]
-
Legislation and Commentary [§22.2]
- 294.91 Definition [§22.3]
- 295 Maintenance of assurance fund [§22.4]
- 295.1 Application of this Part [§22.5]
- 296 Remedies of person deprived of land [§22.6]
- 297 Protection of purchaser in good faith and for value [§22.7]
- 298 Fault of registrar [§22.8]
- 299 Notice of actions against minister [§22.9]
- 300 Liability of plaintiff for costs [§22.10]
- 301 Actions against minister [§22.11]
- 302 Judgment against person liable [§22.12]
- 303 Limitation of liability of assurance fund [§22.13]
- 304 Recovery limited to value of land [§22.14]
- 305 Payment from assurance fund without action [§22.15]
- 306 Payment from consolidated revenue fund [§22.16]
- 307 Withholding of payment until proceedings concluded [§22.17]
-
Land Title Act Part 21 (ss. 308 to 314)—Appeals
- Overview of Part 21 [§23.1]
-
Legislation and Overview [§23.2]
- 308 Duty of registrar to notify applicant of refusal of registration [§23.3]
- 309 Appeal to court [§23.4]
- 310 Preservation of applications [§23.5]
- 311 Appeals from decision of registrar [§23.6]
- 312 Registrar to act on order of court [§23.7]
- 313 Registrations made under order of court [§23.8]
- 314 Power of registrar to state case [§23.9]
-
Land Title Act Part 22 (ss. 315 to 321)—Notices
- Overview of Part 22 [§24.1]
-
Legislation and Commentary [§24.2]
- 315 Powers of registrar regarding preparation and service of notice [§24.3]
- 316 Personal service [§24.4]
- 317 Service by mail [§24.5]
- 317.1 Service by electronic means [§24.6]
- 318 Substituted service [§24.7]
- 319 Service if person is dead [§24.8]
- 320 Effect of service [§24.9]
- 321 Rights of purchaser for value protected [§24.10]
-
Land Title Act Part 23 (ss. 322 to 365)—Special Surveys
- Overview of Part 23 [§25.1]
-
Legislation and Commentary [§25.2]
- 322 Definitions [§25.3]
- 323 Minister may order special survey [§25.4]
- 324 Apportionment of costs if land within municipality [§25.5]
- 325 Apportionment of costs if land is in a rural area [§25.6]
- 326 Power to amend order if land subsequently becomes included within municipality [§25.7]
- 327 Advancement of costs by municipality or owners [§25.8]
- 328 Transmittal of copy of order to proper officer and registrar [§25.9]
- 329 Notice of special survey [§25.10]
- 330 Surveyor to act under minister [§25.11]
- 331 Preliminary procedure [§25.12]
- 332 Supplemental order or direction of minister [§25.13]
- 333 Procedure for fixing boundary of survey area [§25.14]
- 334 Transmittal of copy of supplemental order to proper officer and registrar [§25.15]
- 335 Guiding principles for surveyor [§25.16]
- 336 Nature of survey [§25.17]
- 337 Plans [§25.18]
- 338 Appointment of substituted surveyor [§25.19]
- 339 Report of surveyor [§25.20]
- 340 Notice to registrar [§25.21]
- 341 Notice to corporate officer [§25.22]
- 342 Notice of completion of survey [§25.23]
- 343 Notice of hearing [§25.24]
- 344 Statement of complaint or claim [§25.25]
- 345 Hearing by minister or other person appointed by him [§25.26]
- 346 Subpoena [§25.27]
- 347 Method of conducting hearing [§25.28]
- 348 Power of minister to decide complaints and claims and make order [§25.29]
- 349 Principles for determining compensation [§25.30]
- 350 Approval of survey and plan by Lieutenant Governor in Council [§25.31]
- 351 Power to vest land [§25.32]
- 352 Notice of order in council approving of survey [§25.33]
- 353 Appeal [§25.34]
- 354 Entry of appeal [§25.35]
- 355 Registration [§25.36]
- 356 Method of registration [§25.37]
- 357 Effect of registration [§25.38]
- 358 Notice of registration [§25.39]
- 359 Assessment within municipalities [§25.40]
- 360 Assessment in rural area [§25.41]
- 361 Duty of surveyor to destroy conflicting monuments [§25.42]
- 362 Recovery of compensation and costs [§25.43]
- 363 Removal of special survey monuments [§25.44]
- 364 Power of Lieutenant Governor in Council to correct errors [§25.45]
- 365 Offence and penalty [§25.46]
- Land Title Act Part 23.1 (ss. 365.1 to 365.3)—Execution of Instruments by or on behalf of First Nations
-
Land Title Act Part 24 (ss. 366 to 373)—Registration of Title to Indian Lands
- Overview of Part 24 [§27.1]
-
Legislation and Commentary [§27.2]
- 366 Definitions and interpretation [§27.3]
- 367 Filing of patent [§27.4]
- 368 Application for registration of Indian land—general [§27.5]
- 369 Where application affects unregistered Indian land [§27.6]
- 370 If application affects registered Indian land [§27.7]
- 371 Other laws not to affect Torrens system [§27.8]
- 372 Execution of instruments [§27.9]
- 373 Liability limited [§27.10]
-
Appendixes [§27.11]
- Appendix 1: Land Title Act—Incompatibility Regulation, B.C. Reg. 488/88 [§27.12]
- Appendix 2: Land Title Act—shíshálh Nation Designation Regulation, B.C. Reg. 489/88 [§27.13]
- Appendix 3: Land Title Act—Torrens System Application Regulation, B.C. Reg. 490/88 [§27.14]
- Appendix 4: Order in Council No. 753/90 [§27.15]
-
Land Title Act Part 24.01 (s. 373.11)—Treaty Lands
- Overview of Part 24.01 [§28.1]
- Legislation and Commentary [§28.2]
-
Schedule 1 to the Land Title Act: Application of Act to Treaty Lands [§28.4]
- PART 1—TREATMENT OF TREATY LANDS
- 1 Definitions [§28.5]
- 2 Effect of indefeasible title to treaty lands [§28.6]
- 3 Notation respecting treaty lands [§28.7]
- 4 Assignment of distinguishing letter by registrar [§28.8]
- 5 Requirements as to subdivision in respect of treaty lands [§28.9]
- 6 Tender of plan for examination and approval [§28.10]
- 7 Matters to be considered by approving officer on application for approval [§28.11]
- 8 Matters to be considered in respect of treaty lands [§28.12]
- 9 Acceptable descriptions of land [§28.13]
- 10 Dedication by reference or explanatory plan [§28.14]
- 11 Dedication and vesting [§28.15]
- 12 [Repealed] [§28.16]
- 13 Deposit of statutory right of way plan [§28.17]
- 14 Treaty first nation law cancelling the dedication of road or public square to be filed [§28.18]
- 15 Definitions for applying Part 8 [§28.19]
- 16 Cancellation of plans [§28.20]
- 17 Air space parcels in respect of highways [§28.21]
- 18 Rights of owner of surface [§28.22]
- 19 Registration of debt owing to treaty first nation [§28.23]
- 20 Statutory right of way [§28.24]
- 21 Registration of covenant as to use and alienation [§28.25]
- 22 Registration of land vested under treaty first nation law [§28.26]
- 23 Power of registrar to lodge caveat [§28.27]
- 24 Special surveys of treaty lands [§28.28]
- PART 2—REGISTRATION OF TITLE TO TREATY LANDS
- 25 Registration on effective date—evidence of good safe holding and marketable title [§28.29]
- 25.1 Approving officer approval not required [§28.30]
- 26 Plan required with application by treaty first nation for first registration [§28.31]
- 27 Conclusive evidence of good safe holding and marketable title [§28.32]
- 28 Certificate of transfer [§28.33]
- 29 Additions to and deletions from treaty lands [§28.34]
- 30 Execution of instruments in respect of treaty lands [§28.35]
- PART 3—CANCELLING REGISTRATION OF TREATY LANDS
- 31 Cancelling registration of treaty lands [§28.36]
- PART 4—TREATY FIRST NATION FEE SIMPLE LANDS
- 32 Definition [§28.37]
- 33 Approving officer approval not required [§28.38]
- PART 5—FEE EXEMPTIONS
- 34 Exemptions from fees [§28.39]
-
Land Title Act Part 24.1 (ss. 373.2 to 373.91)—Nisga’a Lands and Categories A and B Lands
- Overview of Part 24.1 [§29.1]
-
Legislation and Commentary [§29.2]
- DIVISION 1—TREATMENT OF NISGA’A LANDS AND INSTITUTIONS
- 373.2 Effect of indefeasible title to Nisga’a Lands [§29.3]
- 373.21 Assignment of distinguishing letter by registrar [§29.4]
- 373.22 Requirements as to subdivision in respect of Nisga’a Lands [§29.5]
- 373.23 Controlled access highways [§29.6]
- 373.3 Tender of plan for examination and approval [§29.7]
- 373.31 Matters to be considered by approving officer on application for approval [§29.8]
- 373.32 Matters to be considered in respect of land within Nisga’a Lands [§29.9]
- 373.33 Acceptable descriptions of land [§29.10]
- 373.4 Dedication by reference or explanatory plan [§29.11]
- 373.41 Dedication and vesting [§29.12]
- 373.42 Designation of plans in respect of submerged lands [§29.13]
- 373.43 Amendment of deposited plan in certain cases [§29.14]
- 373.44 Deposit of statutory right of way plan [§29.15]
- 373.5 Nisga’a law to be filed if closing road or public square [§29.16]
- 373.51 Definitions for applying Part 8 [§29.17]
- 373.52 Cancellation of plans [§29.18]
- 373.53 Air space [§29.19]
- 373.6 Rights of owner of surface [§29.20]
- 373.61 Registration of debt owing to Nisga’a Nation or Nisga’a Village [§29.21]
- 373.62 Statutory right of way [§29.22]
- 373.63 Registration of covenant as to use and alienation [§29.23]
- 373.64 Registration of land vested under Nisga’a Law [§29.24]
- 373.7 Notice of tax sale or redemption of tax sale land [§29.25]
- 373.71 Effect of registration of title or leasehold interest derived from tax sale [§29.26]
- 373.72 Power of registrar to lodge caveat [§29.27]
- DIVISION 2—FIRST REGISTRATION OF TITLE TO NISGA’A LANDS
- 373.73 Plan required with application for first registration [§29.28]
- 373.8 Conclusive evidence of good safe holding and marketable title [§29.29]
- 373.81 Additions to Nisga’a Lands [§29.30]
- 373.82 Execution of instruments in respect of Nisga’a Lands [§29.31]
- DIVISION 3—REGISTRATION OF CATEGORIES A AND B LANDS
- 373.9 Requirements for first registration of Categories A & B Lands [§29.32]
- 373.91 Effect of indefeasible title to Categories A & B Lands [§29.33]
- Land Title Act Part 24.2 (s. 373.92)—Cancelling Registration of Reserve Lands Registered to Canada
-
Land Title Act Part 25 (ss. 374 to 394)—Miscellaneous
- Overview of Part 25 [§31.1]
-
Legislation and Commentary [§31.2]
- 374 Record of names [§31.3]
- 375 Record of registered land [§31.4]
- 376 Pending applications [§31.5]
- 377 Searching of records [§31.6]
- 378 Registrar to provide certificates [§31.7]
- 379 Certificate as evidence [§31.8]
- 380 Lost or destroyed instruments [§31.9]
- 381 Rights of officers of taxing authorities [§31.10]
- 382 Powers and duties of registrar [§31.11]
- 383 Registrar to cancel or correct instruments, etc. [§31.12]
- 383.1 Public Agency Accommodation Act amendments [§31.13]
- 383.2 Homeowner Protection Act amendments [§31.14]
- 384 Preservation of registry records and plans [§31.15]
- 384.1 Records of Land Title and Survey Authority [§31.16]
- 385 Power to make regulations [§31.17]
- 386 Fees [§31.18]
- 386.1 Fees specified in Schedule 2 [§31.19]
- 386.2 Fees payable despite other enactments [§31.20]
- 387 Offence of fraud [§31.21]
- 388 Offence of false misrepresentation [§31.22]
- 389 Application of Offence Act [§31.23]
- 390 Penalties [§31.24]
- 391 Conviction not to affect liability [§31.25]
- 392 Contaminated land [§31.26]
- 393 Transitional [§31.27]
- 394 Transitional removal of notations made under the Forest Land Reserve Act [§31.28]
-
Land Title Fees
- Overview of Fees [§32.1]
-
Land Title and Survey Authority Fees [§32.2]
- Statutory Services under the Land Title Act [§32.3]
- Statutory Services under the Land Act [§32.4]
- Statutory Services under the Mineral Tenure Act [§32.5]
- Statutory Services under the Energy Resource Activities General Regulation [§32.6]
- Statutory Services Under the Land Owner Transparency Act [§32.7]
- Delegated Powers [§32.8]
- Administrative Services [§32.9]
- Detailed Listing of Fees for Common Land Title Transactions [§32.10]
-
Land Title Act—Regulations and Director’s Directions
- Overview of Regulations and Director’s Directions [§33.1]
-
Legislation and Commentary [§33.2]
-
Land Title Act Regulation, B.C. Reg. 334/79 [§33.3]
- 1 Definition [§33.4]
- PART 1—FEES
- 2 Prescribed fee—application for exemption under section 108 of the Act [§33.5]
- 3 Original Documents/Instruments [§33.6]
- 5 Land in more than one land title district [§33.7]
- PART 2—GENERAL REGULATIONS
- DIVISION 1—HIGHWAY ACCESS ALTERNATIVES
- 8 Relief from access requirements—general [§33.8]
- 9 If there is no connection with a highway [§33.9]
- 10 Access by air or water [§33.10]
- 11 Where one of the lots is contiguous with a highway [§33.11]
- 12 Access via shared interest in common lot [§33.12]
- 13 Amendments to section 158 of the Act [§33.13]
- 15 Access by a forest service road [§33.14]
- DIVISION 2—PRACTICE UNDER OTHER ACTS
- 16 Hospital Act [§33.15]
- 17 Cremation, Interment and Funeral Services Act [§33.16]
- 18 Human Resource Facility Act [§33.17]
- 19 to 21 [Repealed] [§33.18]
- 22 Zoning regulations under the Aeronautics Act (Canada) [§33.19]
- 23 Estate Tax Act (Canada) [§33.20]
- 24 Right of way under the Land Act [§33.21]
- DIVISION 3—MISCELLANEOUS
- 25 Cancellation of certificate of pending litigation (alternative to s. 254) [§33.22]
- 25.1 Registration of certificate of pending litigation [§33.23]
- 26 Exemptions from the name records [§33.24]
- 27 Time limit for approval in certain cases [§33.25]
- PART 3—FORMS AND BOUNDARIES
- 28 Forms [§33.26]
- 29 Court Order Enforcement Act [§33.27]
- 30 Certain forms not compulsory [§33.28]
- 32 Boundaries [§33.29]
- 33 Storage of records [§33.30]
- Schedule A [§33.31]
- Schedule B [§33.32]
- Schedule C [§33.33]
- Application for Subdivision Approval Regulation, B.C. Reg. 8/89 [§33.34]
-
Land Title (Transfer Forms) Regulation B.C. Reg. 53/90 [Repealed and Replaced] [§33.38]
- 1 Interpretation [§33.39]
- 2 Prescribed forms [§33.40]
- 3 Completion of transfer form [§33.41]
- 4 Format [§33.42]
- 5 Use of seal [§33.43]
- 6 Abbreviations [§33.44]
- 7 Prescribed mortgage terms [§33.45]
- 8 Filed mortgage terms and filed charge terms [§33.46]
- 9 Excluded instruments [§33.47]
- 10 Other forms [§33.48]
- 11 English language [§33.49]
- Schedule A—Forms [§33.50]
- Schedule B—Prescribed Standard Mortgage Terms [§33.51]
-
Land Title Act (Board of Directors) Regulation, B.C. Reg. 332/2010 [§33.52]
- 1 Definition [§33.53]
- 2 Amendments to section 158 of the Act [§33.54]
- 3 Land title district boundaries [§33.55]
- 4 Prescribed mortgage terms [§33.56]
- 5 Excluded instruments [§33.57]
- SCHEDULE A
- LAND TITLE DISTRICT BOUNDARIES
- Kamloops Land Title District [§33.58]
- Nelson Land Title District [§33.59]
- New Westminster Land Title District [§33.60]
- Prince George Land Title District [§33.61]
- Prince Rupert Land Title District [§33.62]
- Vancouver Land Title District [§33.63]
- Victoria Land Title District [§33.64]
- SCHEDULE B
- PRESCRIBED STANDARD MORTGAGE TERMS
- MORTGAGE TERMS PART 2
- 1 Interpretation [§33.65]
- 2 What this mortgage does [§33.66]
- 3 Interest [§33.67]
- 4 Payment on the mortgage money [§33.68]
- 5 Promises of the borrower [§33.69]
- 6 Agreements between the borrower and the lender [§33.70]
- 7 Defaults [§33.71]
- 8 Consequences of a default [§33.72]
- 9 Construction of buildings or improvements [§33.73]
- 10 Leasehold mortgage [§33.74]
- 11 Receiver [§33.75]
- 12 Strata lot provisions [§33.76]
- 13 Subdivision [§33.77]
- 14 Current and running account [§33.78]
- 15 Covenantor’s promises and agreements [§33.79]
- 16 General [§33.80]
-
Land Title Act Regulation, B.C. Reg. 334/79 [§33.3]
- Land Title Forms
- 75 (1) A subdivision must comply with the following, and all other, requirements in this Part:
- (a) to the extent of the owner’s control, there must be a sufficient highway to provide necessary and reasonable access
- (i) to all new parcels, and
- (ii) through the land subdivided to land lying beyond or around the subdivided land;
- (b) all highways provided for in a subdivision plan or otherwise legally established on lands adjoining, lying beyond or around the land subdivided must be continued without unnecessary jogs and must be cleared, drained, constructed and surfaced to the approving officer’s satisfaction, or unless, in circumstances the approving officer considers proper, security is provided in an amount and in a form acceptable to the approving officer;
- (c) if the land subdivided borders on
- (i) a body of water, the bed of which is owned by the Crown,
- (ii) the boundary of a strip of land established as the boundary of a water reservoir, where the strip of land and reservoir are owned by the Crown, or
- (iii) a strip of Crown land 20 m or less in width contiguous to a natural boundary as defined in the Land Act,
- access must be given by highways 20 m wide to the body of water and to the strips at distances not greater than 200 m between centre lines, or, in a rural area where the parcels into which the land is subdivided all exceed 0.5 ha, at distances not greater than 400 m between centre lines;
- (d) if the land subdivided borders on a body of water, the bed of which is owned by a person other than the Crown and,
- (i) in the case of a lake or pond, the surface of the body of water at mean annual high water is at least 1.5 ha, and the mean depth at mean annual high water is at least 0.6 m, or
- (ii) in the case of a river, creek or watercourse, the average width at mean annual high water is at least 6 m and the average depth at mean annual high water is at least 0.6 m,
- access must be given by highways 20 m wide to the body of water and to the strips at distances not greater than 200 m between centre lines, or, in a rural area where the parcels into which the land is subdivided all exceed 0.5 ha, at distances not greater than 400 m between centre lines;
- (e) suitable lanes must be provided in continuation of existing lanes and in every case where lanes are considered necessary by the approving officer.
- (2) As an exception, subsection (1)(d)(i) does not apply to a reservoir or pond referred to in paragraph (d) of that subsection if the reservoir or pond is used for the purpose of domestic or industrial water supply and its bed is owned by a public body other than the Crown.
- (3) In considering the sufficiency of a highway shown on a plan and to be dedicated to the Crown, the approving officer must consider the following:
- (a) the location and width of the highway;
- (b) the suitability of the highway in relation to the existing use of the subdivided land and the use intended by the subdivision;
- (c) the configuration of the land subdivided;
- (d) the relation of the highway to be dedicated to an existing main highway or approach, whether by land or water, and local circumstances;
- (e) on the question of width, the extent of the use, present and future, to which the highway may be put;
- (f) the likely or possible role of the highway in a future highway network serving the area in which the subdivided land is located.
1979-219-75; 1997-25-32, effective March 26, 1998 (B.C. Reg. 85/98); 2003-66-38.
PRACTICE
Registrar Checks Access Provisions in Section 75(1)(c)
In confirming that the surveyor has complied with the access provisions in s. 75(1)(c), the registrar examines the plan.
Land Adjoining Both Sides of a Railway Line
Where a railway line divides subdivided land, isolating part of the lands but not affecting access to the remaining lands, the approving officer sometimes authorizes the subdivision plan. The registrar may accept the plan for deposit even though it is not accompanied by an order and certified plan of access over the railway to remaining lands from the Railway Transport Committee of the Canadian Transport Commission.
Alternative Access Conflicts with Utility Authority’s Charge
A means of access created by a subdivision plan conflicts with a charge by way of statutory right of way held by BC Hydro if the road in the access lot runs both within and parallel to Hydro’s right of way. In this case, the subdivider must obtain approval or priority from BC Hydro.
CROSS REFERENCES AND OTHER SOURCES OF INFORMATION
Relief from Section 75(1)(a)
The approving officer may grant relief from the requirements of s. 75(1)(a) of the Act either in whole or in part under s. 76(1) of the Act and the “Highway Access Alternatives” contained in ss. 8 to 12 and 15 of the Land Title Act Regulation, B.C. Reg. 334/79.
Relief from Section 75(1)(c) or (d)
See s. 76(3) of the Act regarding the power of the Minister of Transportation and Infrastructure to grant relief from strict compliance with s. 75(1)(c) or (d).
Access by Public Road
Section 80 of the Land Act provides that, where the minister (currently the Minister of Forests) considers it advisable, the minister may authorize the Surveyor General to establish a public road through Crown land for the purpose of giving access to privately owned land being subdivided. The Surveyor General approves establishment of the road by signing the subdivision plan.
Electronic Plans
If a public road allowance is being established over Crown land as access to a subdivision under the Land Act, s. 80, the following is noted on the electronic plan:
The signature on the electronic plan must be in the following form:
Development of Land Adjacent to Controlled Access Highway
A zoning bylaw that permits the development of land adjacent to a controlled access highway must either be approved by the minister or be consistent with the terms of an agreement between the minister and the local or regional government. See s. 52 of the Transportation Act. See also s. 80 of the Land Title Act regarding requirements for approval.
Authority to Require Land for Highway under Local Government Act
See s. 513 of the Local Government Act, R.S.B.C. 2015, c. 1, which provides that an approving officer may require the owner of land being subdivided to provide land for the creation or widening of a highway.
Authority to Require Land for Alternative Forms of Transportation under Local Government Act
See s. 513.1 of the Local Government Act, which provides that an approving officer may require the owner of land being subdivided to provide land for the purposes of constructing and installing sustainable design features and specified transportation infrastructure.
Authority to Require Land for Highway in Respect of Building Permits under Local Government Act
See s. 513.2 of the Local Government Act, which provides that an approving officer may require the owner of land being subdivided to provide land for the creation or widening of a highway as a condition of issuing a building permit.
Authority to Require Land for Alternative Forms of Transportation in Respect of Building Permits under Local Government Act
See s. 513.3 of the Local Government Act, which provides that an approving officer may require the owner of land being subdivided to provide land for the purposes of constructing and installing sustainable design features and specified transportation infrastructure as a condition of issuing a building permit.
Role of Approving Officer
See R.E. Young, “The Approving Officer: The Public Interest and Subdivision Appeals” (1983) 43 Advocate 193.
Secondary Sources
See Di Castri, Registration of Title to Land, vol. 1, §6:7 and §6:29.
CASE LAW
Application of Section 75(1)
An approving officer can properly refuse a subdivision plan if it does not comply with provisions of the Act dealing with access to and sufficiency of highway allowances (Trammell Crow Developments v. Burnaby (District) (1988), 39 M.P.L.R. 229 (B.C.S.C.)).
To interpret the meaning of s. 75(1) as requiring all subdivisions to provide necessary and reasonable access, whether approval of the approving officer is required or not, results in inconsistencies between s. 75(1) and those sections of the Act dealing with the requirements for an approving officer to consider access. The intention of the legislature must have been otherwise. The mandatory provisions of s. 75(1) refer to the approval of an approving officer. Accordingly, where the approval of the approving officer is not required under ss. 91(2) or 99(2), it is not necessary for the registrar to consider the matters referred to in s. 75(1) (Prince Rupert (City) v. British Columbia (Registrar of Titles), 1990 CanLII 239 (BC SC) (Chambers), affirmed 1993 CanLII 2467 (BC CA)). In affirming the decision, Chief Justice McEachern commented that he agreed with the view of the Supreme Court judge that a registrar was not in any way precluded from considering the question of access, and it would be desirable for registrars in such circumstances to consider the question of access.
An approving officer rejected the appellants’ plan for the subdivision of rural land on the ground that the appellants refused to upgrade an existing gravel road that ran through the property. The existing road was a public highway, controlled and maintained by government. The road was dedicated to the
Crown before the appellants became the owners of the property. Necessary access to the appellants’ land and to each of the new lots was provided by the existing highway. Section 75(1)(a) had no application in this case because it applies only to a highway to be constructed by a subdivider within the land to be subdivided and then to be dedicated to the Crown in due course. Similarly, s. 86(1)(c)(ii) did not apply because provisions of the Act relating to access and highway allowances are found in s. 75 and refer only to a new highway within the subdivided land. Finally, the words “highways shown in the plan” in s. 86(1)(c)(iii) can only have reference to new highways and not to existing highways vested in, maintained, and controlled by the Crown. In granting the appeal, the court directed the approving officer to approve the subdivision plan (Edwards v. British Columbia (Provincial Approving Officer), 1999 CanLII 6568 (BC SC)); see also the annotation for this decision under s. 86 of this Act.
No Private Law Duty of Care in Considering Subdivision Application
In Tekamar Mortgage Fund Ltd. v. British Columbia, 2023 BCCA 20, the plaintiffs claimed against an approving officer for negligence, misfeasance in public office, and injurious affection by failing to deny an application for subdivision that did not meet the requirements of the LTA. They alleged the Province was vicariously liable for the officer’s actions and omissions.
The plaintiffs owned six lots on the west bank of the Columbia River, near Golden, B.C. (the “northern lots”). The plaintiffs’ lands were landlocked: they did not have legal highway access. In 2011, the plaintiffs’ southern neighbours (the “developers”) applied to the province to subdivide their two lots into three lots (the “southern lots”). The plaintiffs alleged that the Province required the developers to enter into an access easement agreement to protect access to the northern lots by granting an easement from the public road to the northern lots, pursuant to s. 75 of the LTA, as a condition of approval. The plaintiffs further alleged that the developers failed to meet that condition and, notwithstanding that failure, the approving officer approved the application to subdivide the southern lots without any highway access to the northern lots.
The chambers judge found (at para. 10) that Goy v. District of Sechelt, 2020 BCSC 1242, which was affirmed in Held v. Sechelt (District), 2021 BCCA 350, leave to appeal refused (sub nom. Goy v. Sechelt (District)) 2022 CanLII 26230 (SCC), was an analogous precedent that “concluded that an approving officer under the LTA does not owe a private law duty of care in the subdivision approval process”. Nevertheless, the judge went on to perform a full Anns/Cooper analysis in the event that she was incorrect. That did not change the result. Having found that the officer did not owe a duty of care, the judge struck the claims in negligence, denied an application to further amend, and struck out several of the misfeasance allegations. The plaintiffs appealed.
Held, appeal dismissed. The Held case decided that an approving officer does not owe a private law duty of care when deciding whether to approve or reject an application for subdivision. That is a broad statement of principle regarding the statutory scheme in Part 7 of the LTA, applicable to the circumstances here and the approving officer’s approval of the subdivision of the southern lots.
That was a complete answer to the appeal, but the court considered some of the plaintiffs’ additional arguments. One was that the purpose of s. 75(1)(a) of the LTA is to make provision for access to land beyond and around subdivided lands so as to provide for the present and future needs of residents in the area. That argument was without merit and was foreclosed by the decision in Held. The plaintiffs also alleged that the officer imposed the condition in 2011 (requiring the developers to enter into an agreement to provide access), and that when she approved the subdivision in 2015, she wrongfully ignored or forgot about the condition. The statutory scheme makes no provision for the kind of preliminary or conditional approval alleged. There is no provision in the LTA allowing an approving officer to grant preliminary or conditional approval of a subdivision prior to actually deciding whether to approve or reject it.
Scope of Authority to Require Road Dedication
Notes on Case Law: In considering the scope of the approving officer’s authority to require the dedication of land for roads, see s. 513 of the Local Government Act (formerly s. 945) as well as the interpretation of s. 75. An approving officer may be able to rely upon either s. 75 of the Land Title Act or s. 513 of the Local Government Act to require the dedication of a road. See, for example, Beaton v. Qualicum Beach (Township), 1990 CanLII 1376 (BC CA), cited in an annotation under s. 86 of this Act.
The purpose of s. 75(1)(a) is to allow a municipality to acquire a road allowance in accordance with its terms, that is, when “necessary and reasonable”. “Reasonable” means reasonable in all the circumstances, and a court must give effect to the word. An approving officer cannot, therefore, require that a road allowance be provided unless some rational connection with the subdivision plan is involved. It was not the intention of the legislature to confer new powers of acquisition by compulsory dedication on a municipality (Vantreight v. Saanich, 1950 CanLII 501 (BC SC)).
The court upheld an approving officer’s requirement that a subdivider provide access through its subdivision to vacant, un-subdivided land on the southern boundary in consideration of possible future residents of that area (In Re Kamloops Realty Ltd., [1976] B.C.D. Civ. (S.C.)).
The petitioners applied to subdivide a 20-acre parcel into two 10-acre parcels, both fronting on a road. They intended to farm the property. As a condition of approval, the approving officer required the petitioners to dedicate a road allowance of 66 feet across the rear of the property to the municipality. The court ordered the approving officer to approve the subdivision plan. It was not necessary or reasonable for the municipality to require a road allowance. The approving officer has a wide authority under the Act, but that authority does not allow the approving officer to act capriciously (Dyck v. Stinson, 1978 CanLII 342 (BC SC)).
An approving officer required a dedication of a large strip of land through the subdivider’s property as a pre-condition for approval of a subdivision affecting a small portion of the subdivider’s property. There was no obvious relationship between the new lots to be created by the subdivision and the approving officer’s road requirements. The court applied the reasoning in Vantreight v. Saanich and held that it is improper and unreasonable for an approving officer to require the dedication of access to all neighbouring properties as a condition of subdivision, no matter how small or how far distant from those neighbouring properties the newly created parcel may be. The approving officer’s condition was neither necessary nor reasonable within the meaning of s. 75 and was therefore without statutory authority. Accordingly, the condition was invalid (Arbutus Bay Estates Ltd. v. British Columbia (Minister of Transportation and Highways) (1989), 43 M.P.L.R. 288 (B.C.S.C.)).
The appellant’s application for subdivision approval was rejected because the appellant refused to provide what the approving officer considered to be reasonable access to lands lying to the north and west of the subdivision which the approving officer considered to be developable, but which the appellant contended were not developable—at least, not economically. The court found that there were developable areas beyond the land in the appellant’s proposed subdivision and that necessary and reasonable access to those lands was required through the proposed subdivision in accordance with s. 75(1)(a)(ii) of the Act. The access road proposed by the approving officer could be reasonably constructed, though it might be expensive. An alternative access route proposed by the appellant was not clearly preferable. The approving officer had set out the factual basis for his decision and it was neither specious nor totally inadequate. The appellant’s subdivision would cut off all access to the developable lands beyond the proposed subdivision if access was not provided as required by the approving officer. The economic factors submitted by the appellant were not sufficient to indicate that the decision of the approving officer was wrong or improper, or an abuse of his discretion (Aquarius Estates Ltd. v. R., [1984] B.C.J. No. 649 (QL) (S.C.), affirmed [1986] B.C.J. No. 828 (QL) (C.A.)).
An approving officer required as one of the conditions of subdivision approval that the applicant dedicate to the town a three-metre-wide right of way for a waterfront walkway along the southern boundary of the applicant’s property. The proposed subdivision was to create two new lots in the northern part of the applicant’s property, leaving the southern part of the property unchanged. On appeal of the approving officer’s rejection of the subdivision plan for failure to dedicate the right of way, the applicant argued that the approving officer could not use her powers with respect to the dedication of “necessary and reasonable” access under s. 75 of the Act to force a compulsory dedication of land that was not substantially connected with the subdivision. The court found that the approving officer based her requirement for the walkway on the town’s plans to create a waterfront walkway network for public use. The waterfront walkway was a highway as defined by s. 1 of the Act and the town’s plans for a walkway network, contained in an official community plan and other municipal documents, formed a highway network as described by s. 75(3)(f) of the Act. The town’s plans provided the approving officer with a proper and adequate factual basis upon which to require the dedication as a condition of subdivision. There was no substance to the submission that the dedication of the right of way for the walkway was unreasonable because it was isolated from the two lots which the applicant wished to create out of the property. The applicant’s appeal was dismissed (Burns v. Dale, 1997 CanLII 816 (BC SC); see also the annotation for this decision under s. 86 of the Act).
The appellant owned a large parcel of land that it intended to subdivide in two phases. The local government’s subdivision approval was subject to construction and dedication by the appellant of a “main spine road” through the appellant’s land providing access to the lots within the development and access to the lands beyond. The appellant developed the first phase of the subdivision, dedicated the road allowance as required, and constructed that portion of the access road required to service the lots in the first phase of its development. The respondent, Anmore Woods, owned an adjacent parcel of land that it also wished to develop. The Anmore lands were landlocked and could only be accessed using the road allowance already dedicated by the appellants. The local government entered into a latecomer agreement with the respondent authorizing the respondent to finish construction of the access road through the undeveloped portion of the appellant’s land. The agreement stipulated that the appellant would be responsible for 100% of the costs of the access road through its undeveloped land should it develop the remainder of its property within the next 15 years. The appellant, in this action, appealed against a decision of the trial court upholding the latecomer agreement. In confirming the decision of the trial judge, the Court of Appeal held that, under s. 75 of the Act, the appellant was required to provide necessary and reasonable access to all new parcels and to land lying beyond the subdivided land. The appellant would have been required to shoulder the entire cost of this roadwork had it proceeded with the second phase of its development before the respondent, and it would not have been able to recover against the respondent under the latecomer payment provisions in the Local Government Act. Furthermore, dedication of the road allowance had already occurred. Therefore, provided the respondent stayed within the dedicated area during its construction of the access road, there could be no issue as to interference with the lands of the appellant by the respondent. Appeal dismissed (618061 B.C. Ltd. v. Anmore (Village), 2008 BCCA 205). See also the annotation for this decision under s. 507 of the Local Government Act in chapter 52 (Local Government Legislation).
The petitioner applied to subdivide his property into two parcels fronting on a main thoroughfare. Preliminary approval was given subject to three conditions unrelated to the road. As plans developed, the approving officer noted that the proposed location of the sewer and water services was under a potential future highway that might be built, at the back of the petitioner’s property, as a couplet to the main thoroughfare. This prompted the local government to request, as a further condition of subdivision, dedication, without compensation, of a 20.17 metre road allowance for the couplet along the back of both properties. In applying s. 75(1)(a)(ii), the court found that road allowance was required for the purpose of providing access through the petitioner’s land to other lands beyond it—lands already set aside for the development of the couplet. Without the petitioner’s land, the couplet would become a road to nowhere. As the proposed couplet ran across the back portion of both of lots being created by the subdivision, the court found a necessary and rational connection between the proposed subdivision and the required dedication. On the question of certainty, the court held that, although construction of the couplet was not yet a certainty, it was more than speculative. Construction was considered a likely future development and the future development option preferred by the local government. The court held that s. 75(1)(a) of the Act provided the approving officer with sufficient authority to require the dedication. However, on the issue of compensation, the court took notice of s. 945 of the Local Government Act (now, s. 513) and referred the matter back to the approving officer for reconsideration as to the depth of the required dedication (Kaim Developments Ltd. v. Mott, 2009 BCSC 250, appeal dismissed 2010 BCCA 240). See also the annotation for this decision under s. 513 of the Local Government Act in chapter 52 (Local Government Legislation).
Discretion to Grant Relief
In an appeal under s. 89, the appellants argued that the approving officer had exercised bad faith in refusing to grant relief under s. 76(1) from the provisions of s. 75(1)(a). An expropriation of land for the construction of a highway had cut off the appellants’ land from its historical access points, and a subsequent application for subdivision of the land was denied for lack of adequate access in the subdivision proposals. Although the effects of the expropriation were beyond the appellants’ control, it was within the appellants’ control to comply with a mandatory bylaw provision concerning access in connection with subdivision proposals. Non-compliance with the bylaw was a sufficient basis for denying relief under s. 75(3) as well as for rejecting the subdivision plan under s. 86(1)(c). It would be a rare circumstance indeed where a decision to refuse to grant relief from the provisions of a statute, in this case s. 75(1) of the Act, could be said to be evidence of bad faith. The bylaw in question was not only sufficient to negate any allegation of bad faith in connection with the approving officer’s decision, but it also provided a firm factual foundation upon which he could rest his decision to reject the subdivision applications (Elsom v. Delta (Approving Officer), 1993 CanLII 921 (BC SC), affirmed 1995 CanLII 742 (BC CA); see also the annotations for this decision under ss. 1, 86, 89, 99, and 219 of this Act).
An approving officer issued a “preliminary layout review” for the subdivision of a property into three lots (the remainder and two new lots). As proposed, access to the two new lots was by a shared driveway, with access to one of the lots by way of an easement over the other. The petitioner, owner of an adjoining property, objected to the subdivision and brought this application for judicial review of the approving officer’s decision. The petitioner claimed that, under s. 75 of the Act and ss. 8 and 9 of the Land Title Act Regulation, both of the new lots must have direct access to a public highway. The court found that s. 9 of the Regulation permits an approving officer to waive the requirements of s. 75 of the Act where one of the new parcels has access by way of an easement. With respect to s. 8 of the Regulation, the court held that the phrase “affects land” refers to the lot created by the proposed subdivision and not to the original parcel. Therefore, because the approving officer concluded that the proposed subdivision was consistent with good land use planning and not contrary to the public interest, the approving officer acted correctly in exercising his discretion to waive the requirements of s. 75(1)(a) with respect to the proposed subdivision as affecting land (the two new lots) outside an established system of highways (Webber v. Anmore (Village), 2011 BCSC 1631, affirmed 2012 BCCA 390).
Rights of Passage
Section 75(1)(a) and (b) provides in part, if not in whole, the criteria on which the registrar must determine the rights of passage of adjoining owners, whether of a public or private nature, over roads lying within the subdivision, between their properties and the highway system (Re Plans Cancellation Act; Simpson-Sears Ltd. v. Registrar of New Westminster Land Registration District, 1955 CanLII 613 (BC CA)).
Access to Water
“The object of the section is not so much to require that any particular class of street should be shown on the plan, as to require land abutting on navigable waters to be subdivided so as to provide straight and continuous access to the waters at intervals of not more than 600 feet” (Re Lonsdale Estate (1907), 12 B.C.R. 366 (S.C.) at para. 2).