92 Application For Deposit

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 35 (Agricultural Land Commission Act, S.B.C. 2002, c. 36).

Exceptions to Requirements for Commission Approval

For permitted subdivisions of agricultural land, see Part 2 of the Agricultural Land Reserve General Regulation, B.C. Reg. 57/2020. In particular:

If the conditions specified in s. 3 of the Regulation exist, then an approving officer, in place of the Provincial Agricultural Land Commission, may approve a plan of subdivision of agricultural land.

If the conditions specified in s. 4 of the Regulation exist, then subdivision of agricultural lands is permitted if the lands are “lands under a final agreement” (as defined in s. 4) with a Treaty First Nation.

Electronic Plans

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

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

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 and Food 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 and Food through the appropriate regional director for cancellation of the covenant or restriction. The Ministry of Agriculture and Food 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”.