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In This Volume

  • 92 (1) An application to deposit a subdivision plan must be
  • (a) in the form approved by the director,
  • (b) accompanied by
    • (i) the subdivision plan and the reproductions required by section 67(s), and
    • (ii) the duplicate indefeasible title, if any, and if it is not on deposit in the land title office, and
  • (c) tendered for deposit to the registrar within 2 months or any other period that may be prescribed after it has been approved by the approving officer, or within a further time the registrar, on application made to the registrar before the expiration of the 2 months or the other period prescribed, may allow for sufficient cause.
  • (2) If the application and plan are not tendered to the registrar within the time allowed, the approval of the plan is deemed to have been revoked.

1979-219-92; 1982-60-18, proclaimed effective August 1, 1983; 2004-66-78, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Form of Application to Deposit a Subdivision Plan

Electronic Plans

For electronic plans, the director has approved the use of the electronic Application to Deposit Plan at Land Title Office. This form is available at ltsa.ca.

PRACTICE

Application for Extension of Time

An application for extension of time under s. 92(1)(c) must be in writing and must include:

  1. the date of approval, or the date approval expires;
  2. the reason for the request for extension;
  3. the amount of time required for deposit; and
  4. a copy of the plan.

Once the registrar has approved the extension and the subdivider is ready to submit the plan, the subdivider must submit proof of the extension approval when tendering the plan. Usually, this proof takes the form of an endorsement by the registrar, on the subdivider’s letter seeking extension, that the registrar has granted an extension.

Electronic Plan Application

For an electronic plan application, the applicant may attach to the electronic Application to Deposit Plan at Land Title Office a copy of the subdivider’s letter endorsed by the registrar.

Agricultural Land

Commission Approval Required for Subdivision

Where land being subdivided is within the agricultural land reserve, the subdivider must obtain the approval of the Provincial Agricultural Land Commission. See the Agricultural Land Commission Act at chapter 34 (Agricultural Land Commission Act, S.B.C. 2002, c. 36) in this Manual.

Exception to Requirements for Commission Approval

If the conditions specified in s. 10 of the Agricultural Land Reserve General Regulation, B.C. Reg. 171/2002, exist, then an approving authority, in place of the Provincial Agricultural Land Commission, may approve a plan of subdivision, all or part of which consists of land in the agricultural land reserve.

Electronic Plans

For an electronic plan, the British Columbia land surveyor must add the following notation to the plan image:

This plan lies within the Agricultural Land Reserve

The approving authority includes the following approval in an electronic Application to Deposit Plan at Land Title Office:

I hereby certify that Subdivision plan EPP____ is approved under section _____ (section #) of the Agricultural Land General Regulation on _____________________ (date).
_____________________
(signature)
_____________________
Approving Authority
(Fill in name of approving officer)
_____________________
(Fill in name of
municipality, or as
the case may be)
_____________________
(include file reference if desired)

Crown Grant of Land to Be Used for Agricultural Purposes

In cases where a Crown grant is made on condition that the land be used for agricultural purposes only, or contains a restrictive covenant restricting the use of land for such purposes, the Ministry of Agriculture enforces such conditions or covenants even if the land is not included in the agricultural land reserve. If an owner wants to subdivide, the owner must apply to the Ministry of Agriculture through the appropriate regional director for cancellation of the covenant or restriction. The Ministry of Agriculture may grant cancellation or amendment, with or without conditions, or may refuse cancellation or amendment.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238 defines “month” as “a period calculated from a day in one month to a day numerically corresponding to that day in the following month, less one day”.