Provincial Crown Corporations And Public Agencies

The following Crown corporations and public agencies have specific statutory powers to deal with land.

Assessment Authority Act, R.S.B.C. 1996, c. 21

• s. 5: The Assessment Authority may acquire and dispose of land for the purposes of the Act, and, with the prior approval of the minister, borrow money on the credit of the authority and give security.

British Columbia Railway Act, R.S.B.C. 1996, c. 395

• s. 4: The British Columbia Railway Company is an agent of government.
• s. 14: The company may acquire necessary and convenient land in connection with coal mines it operates.
• s. 35: The company may acquire and dispose of land for its purposes.

British Columbia Transit Act, R.S.B.C. 1996, c. 38

• s. 2: British Columbia Transit, the authority, is an agent of government.
• s. 8: The authority has the capacity, and subject to the Act, the rights, powers, and privileges of a natural person for carrying out its purposes. The authority may acquire and dispose of land, including land that is located in, or is being employed in, the transportation service region as defined in the South Coast British Columbia Transportation Authority Act.

Coastal Ferry Act, S.B.C. 2003, c. 14

• s. 33: The minister may acquire or expropriate any land, stream, water, watercourse, fence, or wall, the appropriation of which the minister believes reasonable and necessary for the provision of core ferry services.

College and Institute Act, R.S.B.C. 1996, c. 52

• s. 50: A designated institution is an agent of government and may acquire and dispose of land with the consent of the minister.

Note that ss. 65 and 66 authorize the Lieutenant Governor in Council to issue an order transferring land from the government or a school board to an institution for the purpose of providing services under the Act. Upon registration of the order, the registrar registers a new indefeasible title in the name of the institution.

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

For a discussion of the powers of municipalities and restrictions on their dealings with law, see the provisions in Part 3 of the Community Charter.

Destination BC Corp. Act, S.B.C. 2013, c. 6

• s. 5: Destination BC Corp. has the capacity and powers of a natural person of full capacity and may acquire, hold and dispose of property.

Forest Act, R.S.B.C. 1996, c. 157

• s. 121: The minister may, inter alia, take possession of land for the purpose of providing access to timber or for any other purpose consistent with the Act, the Forest and Range Practices Act or the Wildfire Act. If land is expropriated, the Expropriation Act applies. The minister may transfer land formerly in a discontinued and closed right of way or forest service road to a former owner or an owner of adjoining land.

Gaming Control Act, S.B.C. 2002, c. 14

• s. 3: The British Columbia Lottery Corporation is, for all purposes, an agent of the government and may acquire and dispose of real and personal property.

Health Authorities Act, R.S.B.C. 1996, c. 180

• s. 8: A regional health board has the powers of a natural person of full capacity for the purposes of carrying out its powers, duties, and functions under the Act, and it may, by bylaw approved by the minister, acquire or dispose of property.

Heritage Conservation Act, R.S.B.C. 1996, c. 187

• s. 32: Under s. 32 of the Act, the minister must file a written notice in the land title office where land has been designated as heritage property under s. 9. The registrar makes a note of the filing on the title of the land.

Hospital Act, R.S.B.C. 1996, c. 200

Private Hospitals

• s. 12: A transfer of ownership, mortgage, lease or other dealing with the land and improvements in which a private hospital business is being carried on is not effective until the written approval of chief inspector is obtained.

Note that under s. 16 of the Land Title Act Regulation, B.C. Reg. 334/79, the chief inspector must file a notice in the land title office indicating that there are restrictions on dealings.

Acute, Rehabilitation, or Extended Care Hospitals

• s. 48: Where government has provided financial assistance to a hospital, written approval of the minister is required before hospital land may be transferred or leased.

Note that under s. 49 of the Act, s. 48 applies to hospitals that have received financial assistance under the Hospital District Act.

Note that under s. 50 of the Act, the minister may designate as a hospital for the purpose of s. 48 a community care facility that:

• (a) is licensed under the Community Care and Assisted Living Act,
• (b) is owned or operated by a society as defined in s. 1 of the Societies Act or is registered as an extraprovincial non-share corporation as defined in s. 167 of that Act, and
• (c) receives financial assistance from the government.

Note that under s. 16 of the Land Title Act Regulation, B.C. Reg. 334/79, the minister responsible for the administration of the Hospital Act must file a notice in the land title office indicating that there are restrictions on dealings.

Hospital District Act, R.S.B.C. 1996, c. 202

• s. 18: For the purpose of exercising its powers and duties, a regional hospital district has full power to acquire and dispose of land.
• s. 20: The district is an agent of government for the purpose of receiving and disbursing money.

Hospital Insurance Act, R.S.B.C. 1996, c. 204

• s. 20: With the approval of the Lieutenant Governor in Council, the minister may acquire land to be used for hospitals or health facilities and may lease or transfer the facilities to nonprofit agencies.

Hydro and Power Authority Act, R.S.B.C. 1996, c. 212

• s. 3: The British Columbia Hydro and Power Authority is an agent of government.
• s. 12 Subject to approval of the Lieutenant Governor in Council, the authority may acquire and dispose of land.

Insurance Corporation Act, R.S.B.C. 1996, c. 228

• s. 7: The Insurance Corporation of British Columbia may acquire and dispose of land for certain purposes and under certain circumstances.
• s. 9: The corporation has all of the powers and capacity of an individual of full capacity.
• s. 13: The corporation is an agent of government.

Islands Trust Act, R.S.B.C. 1996, c. 239

• s. 8: The trust council may acquire and dispose of land.
• s. 41: The board of the trust fund (the Islands Trust Conservancy) may acquire and dispose of land in accordance with a trust fund plan approved by the minister.
• s. 42: Trust fund board is for all purposes agent of government.

Knowledge Network Corporation Act, S.B.C. 2007, c. 22

• s. 2: Knowledge Network Corporation has the powers and capacity of an individual of full capacity. Section 2(3)(b) provides that the corporation may dispose of real property with the approval of the minister.

Local Government Act, R.S.B.C. 2015, c. 1

For a discussion of the powers of regional and improvement districts and restrictions on their dealings with land, see the provisions of Parts 5, 8, 15, 23, and 24 of the Local Government Act that are reproduced at chapter 52 (Local Government Legislation).

Local Services Act, R.S.B.C. 1996, c. 276

• s. 5: On recommendation of the minister, the Lieutenant Governor in Council may acquire land necessary to provide local services in a local area.

Ministry of Agriculture and Food Act, R.S.B.C. 1996, c. 296

• s. 5: The minister may acquire and dispose of land for purposes relating to agriculture and food.

Ministry of Energy and Mines Act, R.S.B.C. 1996, c. 298

• s. 6: The minister may acquire and dispose of land for purposes relating to energy.

Ministry of Environment Act, R.S.B.C. 1996, c. 299

• s. 5: The minister may acquire and dispose of land.

Ministry of Forests and Range Act, R.S.B.C. 1996, c. 300

• s. 5: The minister may acquire land to carry out the duties, powers and functions of the minister and may dispose of an interest in land, other than the fee simple.

Note that under s. 5 of the Act, notice of an acquisition of land or disposition of Crown land under this section must be given to the Surveyor General within 30 days after completion.

Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307

• s. 9: The minister may acquire land for the purposes of the Act and may dispose of Crown land, despite the Land Act, but subject to s. 50(1) of that Act. The minister may also authorize the Surveyor General to dispose of Crown land on the minister’s behalf.

Note that the Ministry of Environment and Climate Change Strategy administers this section of the Act.

Museum Act, S.B.C. 2003, c. 12

• s. 5: The Royal British Columbia Museum has the power and capacity of an individual of full capacity and may acquire, hold, and dispose of property.

Oil and Gas Activities Act, S.B.C. 2008, c. 36 (to be retitled the Energy Resource Activities Act, effective September 1, 2023, pursuant to the Energy Statutes Amendment Act, 2022, S.B.C. 2022, c. 42 (B.C. Reg. 187/2023))

• s. 3: The British Columbia Energy Regulator (formerly known as the Oil and Gas Commission) is an agent of the government.
• s. 6: Subject to the approval of borrowings by the Lieutenant Governor in Council, the regulator may acquire, hold and dispose of property.

Park Act, R.S.B.C. 1996, c. 344

• s. 11: With the approval of the Lieutenant Governor in Council, the minister may acquire land to establish or enlarge a park or recreation area.

Public Works Agreement Act, R.S.B.C. 1996, c. 391

• s. 2: The minister may acquire land and rights of way for certain public works to be carried out under an agreement with another government or public agency.

Resort Associations Act, R.S.B.C. 1996, c. 320

• s. 4: A Resort Association may acquire and dispose of land.

Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407

• s. 14: The Whistler Resort Association may acquire and dispose of land.

Royal Roads University Act, R.S.B.C. 1996, c. 409

• s. 3: Royal Roads University has the powers and capacity of a natural person of full capacity and is an agent of government for the purpose of leasing land for use as a campus for the university.

School Act, R.S.B.C. 1996, c. 412

• s. 65: A school board must act under the authority of a bylaw with respect to the acquisition or disposition of land.
• s. 85: A board has the power and capacity of a natural person of full capacity.
• s. 96: A board may acquire land within a school district, other than from a francophone education authority (see s. 96(2.1)), for educational purposes and, with approval of the minister, may acquire land in another school district for educational purposes or dispose of land.
• s. 99: If Crown land granted to the board for educational purposes is no longer required for those purposes, the minister may notify the registrar, who must then cancel the board’s title.

Note that s. 65(1) provides that trustees elected or appointed under the School Act for each school district and their successors in office constitute a board of education for the district and are continued as a corporation under the name of “The Board of Education of School District No. 5 (Southeast Kootenay)”, or as the case may be.

When a school board acquires an interest in land, the board’s name must appear as “The Board of Education of School District No. 5 (Southeast Kootenay)”, or as the case may be.

The powers of a board under ss. 85 and 96 of the School Act remain unchanged—a board has the powers and capacity of a natural person of full capacity and may acquire (for educational purposes) and dispose of land.

• s. 99(3): If Crown land granted to the board of a school district in trust for educational purposes described in s. 99(1) is no longer required for educational purposes, the minister may notify the registrar of the land title district in which the land is located, and the registrar must then cancel the registration of the board’s title on the records of the land title office.

A letter from Ministry of Education and Child Care stating that the land is no longer required for educational purposes is sufficient in order to cancel the registration of the board’s title to land, subsequently reverting back to the Crown.

Application to raise title in the name of the Crown in Right of British Columbia must be submitted on a Form 17 Fee simple, select Nature of Interest Change of Name, with the letter from the Ministry of Education and Child Care in support.

• s. 101.2: The minister may, with the prior approval of the Lieutenant Governor in Council, make an order designating for transfer to a francophone education authority land that is owned by a board in fee simple. The minister may file a notice of a designation order with the registrar of the land title office.
• s. 101.3: If the minister files a notice of a designation order with the registrar of the land title office, the registrar must make a notation of the filing in the proper register against the title to the designated land. If the registrar receives notice from the minister that a designation has been rescinded, the registrar must cancel the notation.
• s. 101.4: If the minister has filed a notice of a designation order then, unless the order is rescinded, dispositions of interests in designated land is not permitted without the minister’s consent.
• s. 101.5: The minister may apply to the registrar of land titles to transfer to a francophone education authority indefeasible title to the designated land.

South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30

• s. 6: The South Coast British Columbia Transportation Authority has the capacity, rights, powers, and privileges of an individual of full capacity and may acquire and dispose of land.

Thompson Rivers University Act, S.B.C. 2005, c. 17

• s. 2: Thompson Rivers University has the powers and capacity of a natural person of full capacity. Section 50 of the University Act applies and governs the acquisition and disposition of land.

Transportation Act, S.B.C. 2004, c. 44

• s. 7: The minister may acquire, hold and maintain land.
• s. 10: The minister may expropriate land in connection with a provincial public undertaking or to protect the environment.
• s. 11: The minister must pay compensation for land taken in accordance with the Expropriation Act.
• s. 60: The minister may close permanently a “surplus” highway that is not considered necessary in the public interest.
• s. 61: The minister may close temporarily for any reason a provincial public highway.

Transportation Investment Act, S.B.C. 2002, c. 65

• s. 24.21: The Transportation Investment Corporation is an agent of the government.
• s. 24.23: The corporation has the powers and capacity of an individual of full capacity.

University Act, R.S.B.C. 1996, c. 468

• s. 46.1: A university has the power and capacity of a natural person of full capacity.

Vancouver Charter, S.B.C. 1953, c. 55

For a discussion of the powers of the City of Vancouver and restrictions on its dealings with land, see the provisions of ss. 289, 291A, and 451 of the Vancouver Charter at chapter 65 (Vancouver Charter, S.B.C. 1953, c. 55).

Workers Compensation Act, R.S.B.C. 2019, c. 1

• s. 320: The board of directors may authorize the Workers’ Compensation Board to acquire and dispose of land.