Community Charter

Community Charter, S.B.C. 2003, c. 26, s. 35

Section 35(5) vested certain statutory rights of way (SRWs) in the municipality. These SRWs relate to the drainage of the highways that were also vested in the municipality pursuant to s. 35(1). Section 35 provides sufficient language to vest these SRWs in the municipality; however, the registrar is not in a position to conclude which SRWs were included in that vesting.

In order to identify the SRW pursuant to s. 35(6) of the Community Charter, a “Change of Name” application on the Form 17 Charge to change the name of the title to the SRW into the name of the municipality is required, and the application must be made by the Minister responsible for the Transportation Act. The application must also state “Pursuant to s. 35(6) of the Community Charter” in the “Additional Information” field in Item 3 of the Form 17.

An application from the province to change the name of the title to the SRW into the name of the municipality is required before the municipality can deal with the interest.

• Nature of Instrument: Vesting of easement and statutory rights of way owned by provincial government to the municipality for the purposes of drainage of a highway.
• Filed by or in Favour of: The minister responsible for the Transportation Act may file with the land title office an application satisfactory to the registrar of land titles that identifies the easement.
• Electronic Submissions: To vest the SRW in the name of the municipality: On the Form 17 Charge Notation or Filing, Select Nature of Interest “Change of Name”. State “Pursuant to s. 35(6) of the Community Charter” in the “Additional Information” field in Item 3.
• Effect of Registration: On filing, the registrar must register ownership of the easement in the name of the municipality.