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In This Volume

This Part:

  1. enables an original subdivider to annex, without compensation, adjacent dedicated roads and other public areas (s. 135);
  2. gives municipalities, regional districts, local trust areas (under the Islands Trust Act), and the Minister of Transportation and Infrastructure the power to oppose the cancellation of any highway or other public area that is still required for its dedicated purpose (ss. 132 and 133); and
  3. ensures that if a highway or other dedicated area is ever cancelled, a land owner, other than the original subdivider, must pay market value for the land if that owner wishes to acquire it (s. 131).


See Part 3, Division 5 (Highways), of the Community Charter regarding the power of a municipality with respect to highways, and particularly s. 40 (Permanent closure and removal of dedication).


Notes on Case Law: Various annotations or references have been included for cases decided under Part 8 of the Act before the repeal and replacement of the Part in 1993. While the subject of Part 8 remained the same, substantial changes were made to many of the legislative provisions and early cases should accordingly be considered with caution.