76470131/96250/tlc96250_f

E4tlc96250

Definitions,

Interpretation and Application

Definitions

In this Act:

absolute certificate of title means a certificate of title issued on the registration of an absolute fee and includes such a certificate issued before October 31, 1979;

approving officer means, as applicable,

the municipal approving officer under

section 77,

the regional district approving officer under

section 77.1,

the islands trust approving officer under

section 77.1,

the Provincial approving officer under

section 77.2,

the Nisg̱a'a approving officer under

section 77.3, or

the treaty first nation approving officer appointed under

section 77.21;

apt descriptive words means a metes and bounds description and includes an abbreviated description;

Board of Directors means the board of directors of the Land Title and Survey Authority;

book includes a file, index and an electronic data bank;

building scheme means a scheme of development that comes into existence where defined land is laid out in parcels and intended to be sold to different purchasers or leased or subleased to different lessees, each of whom enters into a restrictive covenant with the common vendor or lessor agreeing that their particular parcel is subject to certain restrictions as to use, the restrictive covenants constituting a special local law applicable to the defined land and the benefit and burden of the covenants passing to, as the case may be, the purchaser, lessee or sublessee of the parcel and the successors in title of the purchaser, lessee or sublessee;

Category A Lands has the same meaning as in the Nisg̱a'a Final Agreement;

Category B Lands has the same meaning as in the Nisg̱a'a Final Agreement;

charge means an estate or interest in land less than the fee simple and includes

an estate or interest registered as a charge under

section 179, and

an encumbrance;

chief executive officer means the chief executive officer of the Land Title and Survey Authority;

designated highways official means an employee of the Ministry of Transportation designated, by name or by title, by the minister responsible for that ministry as a designated highways official for the purposes of the applicable provision of this Act;

director means the Director of Land Titles appointed under

section 9 and a registrar instructed under

section 10 to perform the duties and exercise the powers of the director;

distinguishing letter includes a distinguishing number;

duplicate indefeasible title means a certificate issued under

section 176 (1) or a duplicate certificate of indefeasible title issued before August 1, 1983;

electronic includes created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by any other similar means;

encumbrance includes

a judgment, mortgage, lien, Crown debt or other claim to or on land created or given for any purpose, whether by the act of the parties or any Act or law, and whether voluntary or involuntary,

in respect of Nisg̱a'a Lands, a judgment, mortgage, lien, debt owed to the Nisg̱a'a Nation or a Nisg̱a'a Village or other claim to or on Nisg̱a'a Lands created or given for any purpose by any Nisg̱a'a law, and whether voluntary or involuntary, and

in respect of treaty lands, a judgment, mortgage, lien, debt owed to the treaty first nation or other claim to or on those treaty lands created or given for any purpose by a law of the treaty first nation, and whether voluntary or involuntary;

endorse , enter or note means to store information in the records, including information respecting a cancellation;

enduring power of attorney means an enduring power of attorney made under

Part 2 of the Power of Attorney Act ;

explanatory plan means a plan that

is not based on a survey but on existing descriptions, plans or records of the land title office, and

is certified correct in accordance with the records of the land title office

by a British Columbia land surveyor, or

by the minister charged with the administration of the Transportation Act ;

former Act means the Land Registry Act , R.S.B.C. 1960, c. 208;

highway includes a public street, path, walkway, trail, lane, bridge, road, thoroughfare and any other public way;

indefeasible title means

a certificate of indefeasible title issued by the registrar under this Act or the former Act, at any time before August 1, 1983, and

that part of the information stored in the register respecting one title number, that is required under

section 176 (2) to be contained in a duplicate indefeasible title;

instrument means

a Crown grant or other transfer of Crown land, and

a document or plan relating to the transfer, charging or otherwise dealing with or affecting land, or evidencing title to it, and includes, without limitation

a grant of probate or administration or other trust instrument, and

an Act;

judgment means a judgment as defined in the Court Order Enforcement Act or that is deemed to be or to be made registrable in the same manner as a judgment under that Act by any other Act;

Land Title and Survey Authority means the Land Title and Survey Authority of British Columbia;

land title district includes a land registration district under the former Act;

land title office includes a land registry office under the former Act;

lease or agreement for lease for a term not exceeding 3 years if there is actual occupation under the lease or agreement means a lease or agreement for lease for a term that, at its beginning, does not exceed 3 years if there is actual occupation under the lease or agreement, and, if an option or covenant for renewal is included in the lease or agreement, the option or covenant must not extend the total lease periods beyond 3 years;

Ministry of Transportation means the ministry of the minister charged with the administration of the Transportation Act ;

Nisg̱a'a certificate means a certificate of the Nisg̱a'a Lisims Government referred to in paragraph 7 (

b) of the Land Title

Chapter of the Nisg̱a'a Final Agreement;

Nisg̱a'a Corporation has the same meaning as in the Nisg̱a'a Final Agreement;

Nisg̱a'a road has the same meaning as in the Nisg̱a'a Final Agreement;

Nisg̱a'a Village Lands has the same meaning as in the Nisg̱a'a Final Agreement;

owner means a person registered in the records as owner of land or of a charge on land, whether entitled to it in the person's own right or in a representative capacity or otherwise, and includes a registered owner;

parcel means a lot, block or other area in which land is held or into which land is subdivided;

posting plan means a plan filed as a posting plan under this or the former Act;

record , as a verb, means write or stamp manually or annotate electronically;

records includes the register, books, indices, drawings, plans, instruments and other documents or any part of them registered, deposited, filed or lodged in the land title office, and those recorded or stored by any means, whether graphic, electronic, mechanical or otherwise, in any location approved by the Board of Directors;

register means

as a noun, that part of the records where information respecting registered indefeasible titles is stored or, if the context requires, the register of absolute fees, and

as a verb, to register under this Act;

registrar means a registrar appointed under this Act and includes a deputy registrar or acting registrar;

right to flood means a right or power to flood or otherwise injuriously affect land for purposes related to the construction, maintenance or operation of a dam, reservoir or other plant used or to be used for or in connection with the generation, manufacture, distribution or supply of power;

rural area means an area outside a municipality;

sketch plan means an adequately dimensioned drawing of the area affected by a lease of all or part of a building located on land shown on a plan of survey deposited in the land title office;

solicitor includes a barrister;

statutory right of way means an easement without a designated dominant tenement registrable under

section 218;

statutory right of way plan means a plan prepared by a British Columbia land surveyor and deposited under

section 113;

subdivision means the division of land into 2 or more parcels, whether by plan, apt descriptive words or otherwise;

transfer includes a conveyance, a grant and an assignment;

transferee includes a grantee and an assignee;

transferor includes a grantor and an assignor;

transmission means a change of ownership

effected by the operation of

an Act or law,

under an order of a court, or

consequent on any change in the office of a personal representative or trustee,

but does not include

an amalgamation of 2 or more corporations, however effected, whether or not the amalgamation is in respect of a beneficial or a trust estate or interest in land, or

an amalgamation under the Strata Property Act ;

true copy means

in relation to a paper document, an exact copy of the document, and

in relation to an electronic document,

an exact copy of the document, or

a legible paper copy of the document containing every material provision and particular contained in the original.

References

A provision in this Act or in another enactment relating to the duties and powers of the registrar is a reference to the registrar of the land title district in which the land described in the instrument or document is located.

A reference in this or in another enactment to the land title office is a reference to the land title office designated under

section 6 for the land title district in which the land described in the instrument or document is located.

Application to Strata Property Act

This Act, except Parts 7 and 8, applies to the Strata Property Act , unless inconsistent with that Act.

1.1

Despite subsection (1), provisions of Parts 7 and 8 of this Act apply to the Strata Property Act if stated to apply by the Strata Property Act .

Part 9 of this Act applies to the Strata Property Act only to the extent expressly stated in the Strata Property Act or in

Part 9.

Land Title Offices and Officers

Land title districts

For the purpose of this Act, there are in British Columbia 7 land title districts, respectively known as the Kamloops, Nelson, New Westminster, Prince George, Prince Rupert, Vancouver and Victoria Land Title District, with their respective district boundaries as defined by a regulation of the Board of Directors.

Power to constitute and change districts

The Board of Directors may, by regulation,

increase or decrease the number of land title districts in British Columbia,

constitute all or a portion of British Columbia a land title district, whether or not all or part of it is included in an existing land title district,

declare by what local name a new land title district is to be known, and

change or redefine the boundaries of a land title district.

Land title office

There must be offices, each called the "Land Title Office", at locations designated by the Board of Directors, at which the records of the land title district served by the office are maintained.

An office referred to in subsection (1) may serve more than one land title district and may be supplemented by suboffices designated by the Board of Directors and under the control and direction of a registrar or person designated by the director.

Continuation of existing offices and records

The land title offices set out in Column 1 of the following table

are continued with their respective records,

are the offices of the land title district with the same name, and

are located as set out opposite them in Column 2 of the table, unless otherwise designated by the Board of Directors under

section 6:

Item

Column 1 Land Title Office

Column 2 Location

Kamloops

Kamloops

Nelson

Kamloops

New Westminster

New Westminster

Prince George

New Westminster

Prince Rupert

New Westminster

Vancouver

New Westminster

Victoria

Victoria

Duty of registrar to provide records affecting land in new district

If a new land title district is established or the boundaries of a land title district are enlarged, the registrar of each land title district from which land comprised in the new or enlarged land title district is separated must

provide to the registrar of the new or enlarged land title district originals or certified copies of those portions of the records affecting the land in the new or enlarged land title district, and

if the records have been microfilmed, supply the original or a certified copy of the microfilm.

The originals or certified copies referred to in subsection (1) are for all purposes of the same effect, when deposited in the office of the land title office of the new or enlarged land title district, as if they or the originals of which any of them purport to be copies had been originally registered, deposited, filed or kept in that office.

If an original record contains entries affecting land in a new or enlarged land title district as well as land in the old land title district, the registrar of the old land title district may, instead of providing certified copies, cause those portions of the original record relating to land in the old land title district to be copied and certified, and the copies to be retained in that office, and may provide the original record to the registrar of the new or enlarged land title district.

The copies retained under subsection (3) by the registrar of the old land title district are for all purposes of the same effect as the originals of which they are copies.

Director of Land Titles

The chief executive officer may appoint an employee of the Land Title and Survey Authority as the Director of Land Titles, whose powers and duties, under the direction of the chief executive officer, are

to inspect the records of the several land title offices, and to regulate the practice in them, in accordance with this Act and regulations, so as to secure uniformity in matters of detail and procedure,

under the style of "acting registrar", to perform the duties of a registrar under this Act, and

to perform those other duties that may be assigned to the director by the chief executive officer.

The director may approve the form of an instrument, document or notice that is to be registered, deposited, filed or given under this Act.

Registrar and staff

For each land title office, the chief executive officer may appoint an employee of the Land Title and Survey Authority as the registrar.

1.1

An individual may be appointed as

the director and a registrar,

the registrar of more than one land title office, or

the director and the registrar of more than one land title office.

1.2

The business of each land title office is to be conducted by the registrar together with the employees of the Land Title and Survey Authority that are necessary.

On instructions from the director, a registrar must perform the duties and exercise the powers of the director, or of a registrar in another land title district, during the illness or absence of the director or registrar or during a vacancy in the office, and a registrar, while performing those duties or exercising those powers, is to be known as "acting director" or "acting registrar", as the case may be.

Deputy registrar and assistant deputy registrar

The chief executive officer may appoint employees of the Land Title and Survey Authority as deputy registrars and assistant deputy registrars to assist and carry out the directions of a registrar.

A deputy registrar may, in the event of the illness or absence or at the request of the registrar, perform any duty required by this Act or any other Act to be done by the registrar.

Subject to instructions, which the director may give under

section 10 (2), in case of a vacancy in the office of registrar, a deputy registrar designated by the director must perform the duties of a registrar under this Act until another registrar is appointed.

Evidence of authority of officials to act in certain cases

If any of the following persons acts in the performance of any duty under the purported exercise of the powers conferred by any of the preceding sections, the fact that the person has so acted is conclusive evidence that an occasion that warranted the person in exercising those powers had arisen:

the director;

a registrar;

a deputy registrar;

an assistant deputy registrar.

Qualifications for appointment to office

A person must not be appointed the director unless the person is a solicitor.

A person must not be appointed a registrar unless the person

is a solicitor, or

is employed in a land title office in British Columbia and has been so employed for at least 12 years.

[Repealed 2018-37-12.]

Prohibition of officers and staff acting in conflict with duties

The director or a registrar or other employee in a land title office must not

directly or indirectly act as the agent of a person investing money and taking securities on land in British Columbia,

advise for a fee, reward or otherwise on titles to land,

practise as a solicitor, notary public or conveyancer, or

carry on or transact in the land title office a business or occupation other than the director's, registrar's or employee's duties as director, registrar or employee.

Official seal

Each land title office must have an official seal bearing the impression of the corporate seal of the Land Title and Survey Authority and inscribed with the words "The Land Title Office" and with the name of the land title office.

A print of the official seal, stamped on a document requiring an official seal of a land title office, other than an indefeasible title not stored by electronic means or a certificate of charge, is for all purposes deemed to be an impression of the official seal of the land title office.

An indefeasible title not stored by electronic means, certificate of charge, certificate, notice or instrument issued by the registrar must be signed by the registrar and sealed with the official seal, and is admissible in evidence without proof of the seal or the signature of the registrar.

If the signature of the registrar is required

to an endorsement made on an instrument or record, or

to an instrument or document of an official nature to be sealed with the official seal, except an indefeasible title not stored by electronic means or a certificate of charge,

the endorsement, instrument or document may be signed by an employee acting under the general directions of the registrar.

A duplicate indefeasible title is deemed to have been signed by the registrar if the registrar's name is written on it by a person duly appointed by the registrar to perform that function.

Office hours

Except on Saturdays and holidays, the registrar must keep the land title office open to the public for the transaction of business every day from 9 a.m. until 3 p.m.

Repealed

[Repealed 2004-66-77.]

Protection of director and registrar from personal liability

The director and registrar are not, nor is a person acting under their directions, liable personally in a proceeding for or in respect of

an act or matter that is, in good faith, done, or omitted to be done, in the exercise or supposed exercise of the powers conferred on either of them, or in the performance of their duties under this or any other Act or for costs in connection with a proceeding.

Exemption of registrar from attendance as witness in court

The registrar, in the registrar's official capacity, is not bound by a subpoena, order or summons issued from a court in a civil matter

to attend out of the land title office as a witness for examination, or

to produce a record registered, deposited or filed under this or any other Act.

Subsection (1) applies whether or not the subpoena, order or summons is directed to the registrar personally or in the registrar's official capacity.

The registrar may be examined and records produced at the land title office under a commission or similar order for the examination of a witness.

Registration and Its Effect

Unregistered instrument does not pass estate

Except as against the person making it, an instrument purporting to transfer, charge, deal with or affect land or an estate or interest in land does not operate to pass an estate or interest, either at law or in equity, in the land unless the instrument is registered in compliance with this Act.

An instrument referred to in subsection (1) confers on every person benefited by it and on every person claiming through or under the person benefited, whether by descent, purchase or otherwise, the right

to apply to have the instrument registered, and

in proceedings incidental or auxiliary to registration, to use the names of all parties to the instrument, whether or not a party has since died or become legally incapacitated.

Subsection (1) does not apply to a lease or agreement for lease for a term not exceeding 3 years if there is actual occupation under the lease or agreement.

Unregistered instruments executed and taking effect before July 1, 1905

Instruments executed before and taking effect before July 1, 1905, purporting to transfer, charge, deal with or affect land or an estate or interest in it, unless registered before that date, are not receivable by a court or the registrar as evidence or proof of the title of a person to the land, as against the title of another person to that land, registered on or after July 1, 1905, except in an action before the court questioning the registered title to the land on the ground of fraud in which the registered owner has participated or colluded.

Operation of instrument as from time of registration

An instrument purporting to transfer, charge, deal with or affect land or an estate or interest in land passes the estate or interest, either at law or in equity, created or covered by the instrument at the time of its registration, irrespective of the date of its execution.

Effect of indefeasible title

In this section, court includes a person or statutory body having, by law or consent of parties, authority to hear, receive and examine evidence.

An indefeasible title, as long as it remains in force and uncancelled, is conclusive evidence at law and in equity, as against the Crown and all other persons, that the person named in the title as registered owner is indefeasibly entitled to an estate in fee simple to the land described in the indefeasible title, subject to the following:

the subsisting conditions, provisos, restrictions, exceptions and reservations, including royalties, contained in the original grant or contained in any other grant or disposition from the Crown;

a federal or Provincial tax, rate or assessment at the date of the application for registration imposed or made a lien or that may after that date be imposed or made a lien on the land;

a municipal charge, rate or assessment at the date of the application for registration imposed or that may after that date be imposed on the land, or which had before that date been imposed for local improvements or otherwise and that was not then due and payable, including a charge, rate or assessment imposed by a public body having taxing powers over an area in which the land is located;

a lease or agreement for lease for a term not exceeding 3 years if there is actual occupation under the lease or agreement;

a highway or public right of way, watercourse, right of water or other public easement;

a right of expropriation or to an escheat under

an Act;

a caution, caveat, charge, claim of builder's lien, condition, entry, exception, judgment, notice, pending court proceeding, reservation, right of entry, transfer or other matter noted or endorsed on the title or that may be noted or endorsed after the date of the registration of the title;

the right of a person to show that all or a portion of the land is, by wrong description of boundaries or parcels, improperly included in the title;

the right of a person deprived of land to show fraud, including forgery, in which the registered owner has participated in any degree;

a restrictive condition, right of reverter, or obligation imposed on the land by the Forest Act , that is endorsed on the title.

After an indefeasible title is registered, a title adverse to or in derogation of the title of the registered owner is not acquired by length of possession.

Despite subsection (3), in the case only of the first indefeasible title registered, it is void against the title of a person adversely in actual possession of and rightly entitled to the land included in the indefeasible title at the time registration was applied for and who continues in possession.

Title by prescription abolished

All existing methods of acquiring a right in or over land by prescription are abolished and, without limiting that abolition, the common law doctrine of prescription and the doctrine of the lost modern grant are abolished.

Protection of registered owner against actions for recovery of land

In this section, courts includes a person or statutory body having, by law or consent of parties, authority to hear, receive and examine evidence.

An action of ejectment or other action for the recovery of land for which an indefeasible title has been registered must not be commenced or maintained against the registered owner named in the indefeasible title, except in the case of

a mortgagee or encumbrancee as against a mortgagor or encumbrancer in default,

a lessor as against a lessee in default,

[Repealed 2005-35-13.]

a person deprived of land improperly included in an indefeasible title of other land by wrong description of boundaries or parcels,

2 or more indefeasible titles having been registered under this Act in respect of the same land, the registered owner claiming under the instrument that was registered first,

a right arising or partly arising after the date of the application for registration of the title under which the registered owner claims, including, without limitation,

the right of a purchaser claiming under a contract with the registered owner for the sale of the land, and

the right of a beneficiary if the registered owner is a trustee, and

a right arising under

section 23 (2).

In any case other than those enumerated by way of exception in subsection (2), the production of a subsisting state of title certificate must be held in all courts to be an absolute bar and estoppel to an action referred to in subsection (2) against the registered owner named in the certificate, despite a rule of law or equity to the contrary.

Void instruments — interest acquired or not acquired

25.1

Subject to this section, a person who purports to acquire land or an estate or interest in land by registration of a void instrument does not acquire any estate or interest in the land on registration of the instrument.

Even though an instrument purporting to transfer a fee simple estate is void, a transferee who

is named in the instrument, and

in good faith and for valuable consideration, purports to acquire the estate,

is deemed to have acquired that estate on registration of that instrument.

Even though a registered instrument purporting to transfer a fee simple estate is void, a transferee who

is named in the instrument,

is, on the date that this

section comes into force, the registered owner of the estate, and

in good faith and for valuable consideration, purported to acquire the estate,

is deemed to have acquired that estate on registration of that instrument.

Registration of a charge

A registered owner of a charge is deemed to be entitled to the estate, interest or claim created or evidenced by the instrument in respect of which the charge is registered, subject to the exceptions, registered charges and endorsements that appear on or are deemed to be incorporated in the register.

Registration of a charge does not constitute a determination by the registrar that the instrument in respect of which the charge is registered creates or evidences an estate or interest in the land or that the charge is enforceable.

Notice given by registration of charge

The registration of a charge gives notice, from the date and time the application for the registration was received by the registrar, to every person dealing with the title to the land affected, of

the estate or interest in respect of which the charge has been registered, and

the contents of the instrument creating the charge so far as it relates to that estate or interest,

but not otherwise.

A payment made by a mortgagor under a registered mortgage, or by a purchaser under a registered agreement for sale or subagreement for sale, is not a dealing with the title to the land affected.

A transferee of a mortgage, or of a vendor's interest in an agreement for sale, takes subject to the equities and to the subsisting state of accounts between, respectively, mortgagor and mortgagee, or vendor and purchaser.

Priority of charges based on priority of registration

If 2 or more charges appear entered on the register affecting the same land, the charges have, as between themselves, but subject to a contrary intention appearing from the instruments creating the charges, priority according to the date and time the respective applications for registration of the charges were received by the registrar, and not according to the respective dates of execution of the instruments.

Effect of notice of unregistered interest

For the purposes of this section, registered owner includes a person who has made an application for registration and becomes a registered owner as a result of that application.

Except in the case of fraud in which the person has participated, a person contracting or dealing with or taking or proposing to take from a registered owner

a transfer of land, or

a charge on land, or a transfer or assignment or subcharge of the charge,

is not, despite a rule of law or equity to the contrary, affected by a notice, express, implied, or constructive, of an unregistered interest affecting the land or charge other than

an interest, the registration of which is pending,

a lease or agreement for lease for a period not exceeding 3 years if there is actual occupation under the lease or agreement, or

the title of a person against which the indefeasible title is void under

section 23 (4).

Subject to

section 49 of the Personal Property Security Act , a person contracting with respect to, dealing with or taking from or proposing to take from a registered owner, an estate or interest in land, or a transfer or assignment of an estate or interest in land, is not affected by a financing statement registered under that Act whether or not the person had express, constructive or implied notice or knowledge of the registration.

The fact that the person who is contracting or dealing with or taking or proposing to take from a registered owner under subsection (2) had knowledge of a financing statement registered under the Personal Property Security Act , or that the person could have obtained knowledge of the financing statement by searching the personal property registry established under that Act, is not evidence of fraud or bad faith for the purposes of subsection (2).

A person contracting with respect to, dealing with or taking from or proposing to take from a registered owner, an estate or interest in land, or a transfer or assignment of an estate or interest in land, is not affected by a transparency declaration or transparency report filed with the administrator under the Land Owner Transparency Act , or by reported information or publicly accessible information made available for search under that Act, whether or not the person had express, constructive or implied notice or knowledge of the transparency declaration, transparency report, reported information or publicly accessible information.

The fact that the person who is contracting or dealing with or taking or proposing to take from a registered owner under subsection (2) had knowledge of a transparency declaration, transparency report, reported information or publicly accessible information referred to in subsection (5), or that the person could have obtained knowledge of the transparency declaration, transparency report, reported information or publicly accessible information by carrying out a search authorized under the Land Owner Transparency Act , is not evidence of fraud or bad faith for the purposes of subsection (2).

Notice of unregistered interest as affecting registered owner of charge

In this section, filing includes a claim of lien filed under the Builders Lien Act but does not include

a notice filed under the Sale of Goods on Condition Act , R.S.B.C. 1979, c. 373, or

a filing under the Manufactured Home Act .

In subsection (3), claim includes a certificate of pending litigation and a caveat, other than a caveat lodged by the registrar.

Under this Act,

a registered owner of a charge enforcing that owner's charge by the exercise of the power of sale contained in it, or in an action for foreclosure,

a purchaser under the power of sale, or under a sale pursuant to an order of the court in an action for foreclosure,

a court in which an action to enforce a charge by foreclosure is pending, and

a registrar considering an application founded on a sale under such a power of sale, or on a foreclosure decree, or on a sale pursuant to an order of the court in an action for foreclosure,

are not bound by or deemed to have notice of an interest, right or claim, the registration, filing, deposit or lodging of which is not applied for until after

a notice of the intended exercise of the power of sale, or

a certificate of pending litigation in a foreclosure action

has been filed or registered.

On the filing of a notice under subsection (3), the registrar must endorse it and its filing number in the register.

Subsection (3) applies to a registered owner who is, or who is a successor in title to, a vendor or subvendor and who has registered a certificate of pending litigation in respect of an action for the cancellation of a registered agreement for sale of the land and who obtains an order for cancellation.

Nothing in this

section affects the right of a person claiming through a mortgagor or mortgagee, or through a vendor or purchaser, while the action is pending, to file a pleading or other document in the action.

Priority of caveat or certificate of pending litigation

If a caveat has been lodged or a certificate of pending litigation has been registered against the title to land,

the caveator or plaintiff, if that person's claim is subsequently established by a judgment or order or admitted by an instrument duly executed and produced, is entitled to claim priority for that person's application for registration of the title or charge so claimed over a title, charge or claim, the application for registration, deposit or filing of which is made after the date of the lodging of the caveat or registration of the certificate of pending litigation, and

if proof of service of notice of claim to priority on the subsequent applicant is provided to the registrar before registration is effected, the registration of the title or charge claimed by the caveator or plaintiff relates back to and takes effect from the time of the lodging of the caveat or registration of the certificate of pending litigation, and that time, as well as the time of the application for registration of the title or charge so claimed, must be endorsed on the register.

Validity of registered voluntary conveyance

An instrument executed in good faith and registered before the execution of a transfer to, and before the creation of a binding contract for the transfer to, a subsequent purchaser for value from the same grantor of the same land or any part of it, merely because of the absence of a valuable consideration in the instrument, is not and must not be considered to be void as against the subsequent purchaser for value or a person claiming by, from or under the subsequent purchaser for value.

Nothing in this

section makes valid an instrument that is for any reason, other than or in addition to the absence of a valuable consideration, void under any Act or law.

Equitable mortgage or lien not registrable

An equitable mortgage or lien created by the deposit of a duplicate indefeasible title or other instrument, whether or not accompanied by a memorandum of deposit, is not registrable.

Registration of indefeasible title by court order

Except as provided in

section 180, the registrar must not register an indefeasible title in favour of a person under a direction contained in an order of a court unless the order declares that it has been proved to the satisfaction of the court on investigation that the title of the person designated in the direction is a good safe holding and marketable title.

Subsection (1) applies to the registration of a charge.

Admissibility of instruments

An instrument the execution of which is proved in the manner required by this Act, together with the affidavit, if any, by which the execution is proved, must be received in evidence in all courts without further proof of execution.

Completion of registration

The registrar, after registration of title in fee simple or a charge or a cancellation of a charge, must, unless the director otherwise orders, make on an instrument deposited in support of the application for registration or cancellation or, if no instrument is deposited, on the application, an endorsement in the form approved by the director, which must be received in all courts as conclusive evidence of the registration of the instrument or application.

If an application affects records that are stored by electronic means, the registration of the instrument or application is complete when the particulars of it have been entered, other than as a pending application, in the appropriate part of the register.

Registration effective from time of application

An instrument or application so registered is deemed to have been registered and to have become operative for all purposes in respect of the title, charge or cancellation claimed by the application for registration, and according to the intent of the instrument or application, as of the date and time when the application was received by the registrar.

An indefeasible title stored by electronic means, when entered in the register, other than as a pending application, is deemed to be registered and take effect as of the date and time when the application for the title was received by the registrar.

An indefeasible title not stored by electronic means, when signed by the registrar, is deemed to be registered and take effect as of the date and time when the application for the title was received by the registrar.

A certificate of charge, when signed by the registrar, is deemed to be issued and take effect as of the date and time when the application for the certificate was received by the registrar.

Registrar to create official record of instruments and documents

In this section:

duplicate means a counterpart of the original instrument or document made by the registrar in the usual and ordinary course of business from the original instrument or document using any chemical, mechanical or electronic technique, including, without limitation, microphotographic reproduction and electronic recording on an optical disk, that

is capable of recording all significant details of the original instrument or document, and

does not permit additions, deletions or changes from the original instrument or document;

original instrument or document means the instrument or document that is filed, deposited or registered under this Act.

The registrar must make and maintain an official record of all instruments and documents filed, deposited or registered under this Act, and the official record may consist of the original instrument or document or the duplicate, or both.

The registrar must store the official record made under subsection (2) either in the land title office or in some other location approved by the Board of Directors.

A copy taken from an original instrument or document, or from a duplicate, that is

made by the registrar, and

certified by the registrar to be a true copy of the original instrument or document

is admissible in a court to the same extent as the original instrument or document.

A certification of the registrar under subsection (4) is conclusive proof that the copy, and the duplicate if the copy is made from a duplicate, was made by the registrar in the usual and ordinary course of business using procedures and techniques that

are capable of recording all significant details of the original instrument or document, and

do not permit additions, deletions or changes from the original instrument or document.

Despite

section 166, if an original instrument or document filed under this Act is

a marriage certificate or a death certificate, or

a trust instrument referred to in

section 180 (4),

the registrar may, at the time the original instrument or document is filed, create a duplicate and return the original to the person who applied to file it.

Forms of Instruments

Registrable instruments

Unless the use of a form approved by the director is required by this Act, an instrument sufficient to pass or create an estate or interest in land is registrable, and for all purposes of registration effect must be given to the form of instrument according to its tenor.

Order in Council transferring government rights in highway

A certified copy of an order of the Lieutenant Governor in Council releasing or waiving the right of the government in a highway vested in the Crown has the same effect as if a Crown grant had been issued by the government to the person named in the order in council as transferee, and must be so dealt with by the registrar.

Unless an order in council under subsection (1) otherwise provides, the following are deemed to be excepted from its operation:

minerals and placer minerals as defined in the Mineral Tenure Act ;

coal;

petroleum as defined in the Petroleum and Natural Gas Act ;

gas or gases.

Attestation and Proof of Execution of Instruments

Definitions

In this Part:

corporation includes Her Majesty;

instrument includes an execution copy, as defined in

section 168.1, of an electronic instrument;

officer means a person before whom an affidavit may be taken or made under

section 42 (3), but does not include a registrar;

transferor includes a grantor and assignor and any other transferring or charging party.

Witnessing and execution

The execution by a transferor of an instrument must be witnessed by an officer who is not a party to the instrument.

Subsection (1) does not apply to

a Crown grant,

an order in council,

a court order, or

an instrument or an instrument that is of a class of instrument that is prescribed for the purposes of this section.

An affidavit necessary for the purposes of this Act may be taken or made inside or outside British Columbia by and before a person before whom an affidavit may be sworn under the Evidence Act .

The signature of a transferor on an instrument is proof, in the absence of evidence to the contrary, that the transferor

knows the contents of the instrument and has signed it voluntarily, and

has the legal capacity to execute the instrument and intends to be bound by it.

Witnessing — individuals

The signature of the officer witnessing the execution of an instrument by an individual is a certification by the officer that

the individual appeared before and acknowledged to the officer that the individual is the person named in the instrument as transferor, and

the signature witnessed by the officer is the signature of the individual who made the acknowledgement.

Witnessing — corporations

In the case of an instrument that is executed by a corporation, the signature of the officer witnessing the execution is a certification by the officer that

the individual who executed the instrument for the corporation appeared before and acknowledged to the officer that

the individual is an authorized signatory of the corporation,

the individual and any other individual who executed the instrument for the corporation were authorized by the corporation to execute the instrument, and

iii

the corporation existed at the time the instrument was executed and is legally entitled to hold and dispose of land in British Columbia, and

the signature witnessed by the officer is the signature of the individual who made the acknowledgement.

A corporation must execute an instrument by its authorized signatory who must, on behalf of the corporation, sign the authorized signatory's name to the instrument.

In the case of an instrument executed for a corporation by more than one authorized signatory, only the signature of one authorized signatory is required to be witnessed in accordance with this Part.

Witnessing — individual power of attorney

In the case of an instrument that is executed by an individual who is acting under a subsisting power of attorney, the signature of the officer witnessing the execution is a certification by the officer that

the individual appeared before and acknowledged to the officer that

the individual is the person named as the attorney of the transferor in a subsisting power of attorney,

if the transferor is an individual, the individual acting under the power of attorney had, at the time the instrument was executed, no knowledge of the death or bankruptcy of the transferor, or of the revocation of the power by the transferor, and

if the power of attorney is not an enduring power of attorney, the individual had, at that time, no knowledge of the mental infirmity of the transferor, or

in the case of an enduring power of attorney, the individual had, at that time, no knowledge of the suspension or termination of the individual's authority under any enactment,

ii.1

each change to the authority of an attorney under an enduring power of attorney has been filed with the registrar under this Act or a copy, certified under

section 51 (4) as a true copy of those changes, has been filed, and

iii

if the transferor is a corporation, it is legally entitled to hold and dispose of land in British Columbia and, at the time the instrument was executed, the corporation existed and the individual had no knowledge of the bankruptcy of the transferor or of a revocation of the power by the transferor, and

the signature witnessed by the officer is the signature of the individual who made the acknowledgement.

An attorney who is an individual must execute the instrument by signing the attorney's name and must indicate on the instrument that the attorney is the attorney of the transferor.

Witnessing — corporate power of attorney

In the case of an instrument that is executed by a corporation acting under a power of attorney, the signature of the officer witnessing the execution is a certification by the officer that

the individual who executed the instrument for the corporate attorney appeared before and acknowledged to the officer that

the individual is an authorized signatory of the corporate attorney,

the individual and any other individual who executed the instrument for the corporate attorney were authorized by the corporate attorney to execute the instrument,

iii

the corporate attorney is the attorney of the transferor under a subsisting power of attorney,

if the transferor is an individual, the individual executing the instrument for the corporate attorney had, at the time the instrument was executed, no knowledge of the death or bankruptcy of the transferor, or of the revocation of the power by the transferor, and

if the power of attorney is not an enduring power of attorney, the individual had, at that time, no knowledge of the mental infirmity of the transferor, or

in the case of an enduring power of attorney, the individual had, at that time, no knowledge of the suspension or termination of the authority of the corporate attorney under any enactment,

iv.1

each change to the authority of an attorney under an enduring power of attorney has been filed with the registrar under this Act or a copy, certified under

section 51 (4) as a true copy of those changes, has been filed, and

if the transferor is a corporation, it is legally entitled to hold and dispose of land in British Columbia and, at the time the instrument was executed, the corporation existed and the individual had no knowledge of the bankruptcy of the transferor or of a revocation of the power by the transferor, and

the signature witnessed by the officer is the signature of the individual who made the acknowledgement.

A corporate attorney must execute an instrument in accordance with

section 44 (2) and must indicate on the instrument that the corporation is the attorney of the transferor.

Repealed

47.1

[Repealed 2007-34-88.]

Execution under seal

In the case of an instrument executed under seal by an individual, whether on the individual's own behalf or as the attorney for the transferor, the signature of the officer witnessing the execution is, in addition to any other certification evidenced by the officer's signature, a certification by the officer that the individual appeared before the officer and acknowledged that

the individual affixed the individual's seal to the instrument, or

if the individual is acting under a power of attorney, the individual affixed the individual's seal to the instrument and was authorized by the transferor to do so.

In the case of an instrument executed under the seal of a corporation, whether on its own behalf or as the corporate attorney of the transferor, the signature of the officer witnessing the execution is, in addition to any other certification evidenced by the officer's signature, a certification by the officer that the individual who signed the instrument as the authorized signatory appeared before the officer and acknowledged that

the individual affixed the corporate seal of the transferor to the instrument and was authorized to do so, or

in the case of a corporate attorney, the individual affixed the corporate seal of the attorney to the instrument and was authorized to do so.

If instrument not witnessed

the signature of a transferor is not witnessed in the manner required by this Part, and

the registrar is of the opinion that the circumstances require,

the registrar may receive the instrument for the purpose of registration in the same manner as if its execution had been witnessed in accordance with this Part on being satisfied

as to the facts, and

as to the testimony, by affidavit,

of a person 16 years of age or older acquainted with the transferor and the signature of the transferor stating the person's belief that the signature subscribed to the instrument is the signature of the person named in the instrument as transferor, or

in the case of a corporate transferor or corporate attorney, of a person 16 years of age or older having personal knowledge of the matters contemplated in sections 44, 46 and 48 (2) that would otherwise be acknowledged by the authorized signatory before an officer under those sections.

Defects

If there is a defect in the execution of an instrument, the registrar may, if the registrar considers that the instrument is legally binding, register it, and the registration is valid for all purposes despite the defect.

Powers of Attorney

Deposit of power of attorney on registration of instrument

An instrument tendered for registration and executed by an attorney under a power of attorney must not be registered unless one of the following is filed with the registrar:

the original power of attorney;

a copy of the original power of attorney certified to be a true copy of the original

by the registrar, if the registrar has custody of the original,

by the registrar of companies, if the registrar of companies has custody of the original, or

iii

by the registrar under subsection (4);

if the original power of attorney has been executed, filed or deposited in a province or country the laws of which require that the original power of attorney be filed or deposited with the officer preparing it or with some other officer or a court, a copy of the original power of attorney certified by the officer under the officer's seal of office or under the seal of the court, as the case may be, and accompanied by a certificate or other evidence that the original has been so filed or deposited, and that the filing or depositing was required by the law of that province or country.

The execution of a power of attorney must be witnessed or proved in the manner required for instruments by

Part 5.

2.1

In the case of an agreement that is

an enduring power of attorney signed under

section 16 (2) of the Power of Attorney Act , or

a representation agreement deemed to be an enduring power of attorney under

section 44.3 of the Representation Agreement Act , signed under

section 13 (4) of that Act,

the signature of the person signing the agreement on behalf of the adult making the agreement is deemed to be the adult's signature for the purposes of this Act.

Subject to subsection (3.1), a person who is appointed an attorney for the execution of an instrument tendered for registration must have reached 19 years of age at the time of the appointment, and proof of that fact must be given to the registrar at the time the power of attorney is filed.

3.1

In the case of an enduring power of attorney, a person who is appointed an attorney for the execution of an instrument tendered for registration must have reached 19 years of age at the time of registration, and proof of that fact must be given to the registrar at the time the enduring power of attorney is filed.

The registrar, under subsection (1) (b) (iii), may certify a copy of a power of attorney to be a true copy if the instrument tendered for registration is accompanied by

the original power of attorney, and

an application, in a form acceptable to the registrar, for the return of the original.

4.1

[Repealed 2007-34-89.]

A certified copy filed under subsection (1) is conclusive proof of the contents of the power of attorney for the purposes of this Act.

[Repealed 2007-34-89.]

If a person changes an enduring power of attorney in accordance with

section 28 of the Power of Attorney Act ,

the changed enduring power of attorney must be filed in the same manner as an original power of attorney under subsection (1) of this section,

the execution of the change must be witnessed or proved in the manner required for instruments by

Part 5 of this Act,

subsection (4) applies to a copy of a change to an enduring power of attorney as it applies to a copy of a power of attorney, and

subsection (5) applies to a change to an enduring power of attorney as it applies to a power of attorney.

Attorney's powers extend to after acquired land

Unless a power of attorney provides expressly to the contrary, the rights and powers conferred on an attorney with respect to land owned by the principal at the date of the execution of the power of attorney also apply to land acquired by the principal after that date.

Index of powers of attorney

The registrar must keep an index, to be called an index of powers of attorney, in which the registrar must enter alphabetically references to

the serial number of the power of attorney or certified copy, and

the names of the principal and the attorney.

The registrar must endorse on every power of attorney, or certified copy of it, filed in the land title office, a serial number and the date and time of filing.

If a person changes an enduring power of attorney in accordance with

section 28 of the Power of Attorney Act and the changed enduring power of attorney, or a certified copy of it, is filed in the land title office in accordance with

section 51 (7) of this Act, the registrar must endorse on the changed enduring power of attorney, or a certified copy of it,

the serial number of the original enduring power of attorney, and

the date and time that the changed enduring power of attorney was filed.

Effect of execution of second power of attorney

The execution by a principal of a subsequent power of attorney does not for the purpose of this Act revoke the appointment of an attorney made by that principal under a previous power of attorney, unless

the subsequent power of attorney expressly revokes in whole or in part the previous power of attorney, and

section 57 is complied with.

The execution by a principal of a change to an enduring power of attorney, made in accordance with

section 28 of the Power of Attorney Act , does not for the purpose of this Act revoke the appointment of an attorney made by that principal under the original enduring power of attorney, unless

the changed enduring power of attorney expressly revokes in whole or in part the original enduring power of attorney, and

section 57 of this Act is complied with.

Power of personal representative or trustee

A personal representative or trustee who resides outside British Columbia and who has the power, either alone or jointly with another or others, to sell and transfer land or to create a charge on land may

act in British Columbia by attorney, and

unless expressly forbidden by the trust instrument, give a valid power of attorney for the exercise in British Columbia of that power and of all discretionary powers in connection with it to any person capable of acting as attorney, including a co-personal representative or a co-trustee.

Power of attorney valid for 3 years only

For the purpose of this Act, but subject to subsections (2), (3) and (5) and unless the effect of this

section is expressly excluded in it, a power of attorney filed in the land title office either before or after this Act comes into force is not valid after 3 years after the date of its execution.

Subsection (1) does not invalidate

a dealing that is

otherwise valid,

registered before October 31, 1979, and

iii

entered into by an attorney acting in good faith under a valid power of attorney filed with the registrar before October 31, 1979, or

a dealing that is

otherwise valid, and

entered into within 3 years after the date of execution of a valid power of attorney.

For the purpose of this Act, but subject to

section 57 (1), an enduring power of attorney that is filed under

section 51 of this Act remains valid, unless terminated by another means, until an order terminating the enduring power of attorney is filed in the land title office.

Section 57 (3) of this Act applies to the order filed under subsection (3) as if it were a notice of revocation.

Subsection (1) does not apply to a power of attorney executed by a corporation after July 30, 1981.

The amendments to this

section made by the Attorney General Statutes Amendment Act, 1981 do not apply to powers of attorney executed before July 30, 1981.

Revocation of power of attorney

A power of attorney filed in the land title office may be revoked by filing a notice of revocation in the form approved by the director, or by filing other evidence that, in the opinion of the registrar, is sufficient to effect a revocation.

If the power of attorney has not been filed, the principal may lodge a caveat under

section 283.

On receiving a notice of revocation of a power of attorney or other sufficient evidence under subsection (1), the registrar must

endorse in the index of powers of attorney, opposite the entry of the power, the fact and date of revocation, and

unless the power of attorney has been microfilmed, endorse on the document itself the fact that it has been revoked.

Descriptions and Plans

General

Description of land

The registrar may allow or require the use of a method of describing land that is authorized by this Act and that will, in the registrar's opinion, best ensure brevity, accuracy and uniformity in the records.

Descriptions of land in accordance with this Act are sufficient for every transaction, dealing, instrument or proceeding relating to land, whether in or out of the land title office, and whether under this Act or any other Act where a description of land is required.

The registrar may assign to a parcel of land a number, known as the permanent parcel identifier, for the purpose of facilitating parcel identification in records and instruments.

The registrar may require as part of a description of land,

the permanent parcel identifier that has been assigned by the registrar under subsection (3),

computer keying instructions respecting the parcel, and

other information that the director prescribes.

Public official plan

A copy of a public official plan may be deposited in the land title office by the Surveyor General and must be deposited by the Surveyor General at the request of the registrar.

A plan deposited under subsection (1) must be certified by the Surveyor General as a true copy of the original.

Description in Crown grant

Registration of the title to land must, in the first instance, be according to the description of the land shown

in the Crown grant, or

if there is no Crown grant, in another instrument that is satisfactory to the registrar.

Registration of title to Esquimalt and Nanaimo Railway Company land

The registration of title to land within the Esquimalt and Nanaimo Railway Company's land grant, the title to which is registered in the land title office at Victoria in Absolute Fees Book, Volume 9, Folio 693, No. 7434A, alienated by the Esquimalt and Nanaimo Railway Company, must, in the first instance, be according to the description and parcel boundaries specified by the Esquimalt and Nanaimo Railway Company in its original return pertaining to alienation of that land made under the Taxation (Rural Area) Act and the Esquimalt and Nanaimo Railway Belt Tax Act , unless a deviation in the description and parcel boundaries is approved by the registrar.

Subsequent descriptions of land

A description of land made after a description referred to in

section 60 or 61 must be in accordance with one of the methods permitted by this Part.

Description by parcels shown on subdivision plan

A parcel shown on a deposited subdivision plan may be described in the register either

as a lettered or numbered lot or block of the previously registered parcel dealt with by the plan, or

as a lot or block as shown on the plan without any reference to the former description of the land dealt with by the plan.

In all cases the number of the plan must be given in the register.

Substitution for metes and bounds or abbreviated description

If the registrar accepts a metes and bounds description or an abbreviated description of a new parcel, with or without an explanatory or reference plan, the registrar may assign a distinguishing letter to the parcel.

The description referred to in subsection (1), together with the distinguishing letter, may be endorsed in the register at the time of the first registration of indefeasible title to the parcel, but in all subsequent indefeasible titles, the description, unless the registrar otherwise directs, must be omitted, and in the case of a metes and bounds description, the parcel may be sufficiently described by an abbreviated description.

If the registrar has, under subsection (1), accepted a description accompanied by an explanatory or reference plan, the registrar may require the distinguishing letter to be marked on the plan.

Assignment of distinguishing letter to remainder

If a distinguishing letter is assigned to a newly created parcel, the registrar may

assign another distinguishing letter to the remainder of the previously registered parcel of which the newly created parcel forms part, or

describe the remainder by excepting the newly created parcel.

Assignment of distinguishing letter by registrar

If, in the opinion of the registrar, convenience of reference will be served, the registrar may assign to a parcel described in an indefeasible title a distinguishing letter.

The letter assigned under subsection (1) must be endorsed on the register.

After a letter is assigned under subsection (1), the parcel may be sufficiently described by an abbreviated description consisting of the distinguishing letter, together with an appropriate reference to

the instrument creating the parcel, and

the previously registered parcel of which the new parcel forms a part.

If the existing indefeasible title to the parcel to which a distinguishing letter has been assigned includes other land, the registrar may register one or more new indefeasible titles in respect of that land.

If a letter is assigned or an indefeasible title is registered under this section, the registrar must so advise the registered owner and the taxing authority.

Requirements as to subdivision and reference plans

A plan tendered for deposit, other than an explanatory plan or sketch plan, must comply with the following requirements:

the plan must be based on a survey made by a British Columbia land surveyor;

the plan must comply with the rules respecting surveys and plans made under

section 385 (5) for the purposes of this section;

the plan must have a title that includes the legal description, in accordance with the register, of the land subdivided and indicate whether all or part of that land is being subdivided;

d) to (r

[Repealed 2003-66-37.]

[Repealed 2023-10-451.]

the correctness of the survey and plan must be verified by the surveyor by the surveyor's statement in the form approved by the director.

Posting plan

If an angle of a parcel is redefined on the ground by a post or monument, or if an angle or a parcel described by

metes and bounds,

an abbreviated description, or

an explanatory plan,

is defined on the ground by a post or monument, the redefinition or definition must be

made by a British Columbia land surveyor, and

shown on a posting plan.

The surveyor referred to in subsection (1) must certify the posting plan as correct and file it in the land title office within 2 months after the completion of the redefinition or definition.

On receiving a posting plan, the registrar must

assign a serial number to the plan, and

make a note of the number in the register.

The acceptance by the registrar of a posting plan for filing is not a determination by the registrar as to the location of the boundaries of the parcel posted.

A posting plan must comply with the rules respecting surveys and plans made under

section 385 (5) for the purposes of this section.

This

section does not apply to a posting plan filed under

section 69.

Block outline survey

Before a survey is made, the Surveyor General, subject to conditions the Surveyor General considers necessary, may allow the survey to be posted by setting, at proper intervals, monuments of a specified permanent character.

The monuments with the information on the plan showing their location is the only posting of the survey required.

As an alternative to the procedure under subsection (1), the Surveyor General, subject to conditions the Surveyor General may consider necessary, may allow a block outline posting of the survey to be made by setting key monuments at specified locations.

The information on the plan showing the relationship of the monuments to the boundaries shown on the plan is evidence of the boundaries until a complete and final posting of the boundaries is made.

The Surveyor General must require the surveyor to complete the final posting referred to in subsection (4) within a specified period.

The surveyor who made the block outline survey must be the same person to make a final posting.

A posting plan must be filed before the termination of the time limit imposed under subsection (5) and, after filing the posting is, in the absence of evidence to the contrary, proof of the boundaries.

The posting plan referred to in subsection (7) must

comply with all the requirements of this Act for a subdivision or reference plan, except

the signature of the owner, and

the approval of the approving officer, and

conform in all respects with the block outline plan, unless a departure from it is authorized by the Surveyor General.

On receiving the posting plan, the registrar must,

if the posting plan refers only to one block outline plan, assign it the same number as that assigned to the block outline plan, and

if the posting plan refers to more than one block outline plan, assign a serial number to it in the manner specified by the director.

In the event of the death or inability of the surveyor referred to in subsection (6) to make the final posting, the Surveyor General may appoint another British Columbia land surveyor to carry out the final posting.

An application to the Surveyor General under subsection (3) must be accompanied by the fees payable under this Act.

Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant

An explanatory plan of an unsurveyed area designated as a block in an original grant from the Esquimalt and Nanaimo Railway Company and completely surrounded by surveyed parcels, the titles to which are registered under this Act, may be considered to be the plan of survey of that area.

If the unsurveyed area referred to in subsection (1) and shown on the explanatory plan is not completely surrounded by surveyed parcels, the boundaries of the area adjoining the unsurveyed land must be run or traversed in accordance with the provisions of this Act and the rules made under

section 385 (5), and the explanatory plan is the plan of survey of the area.

An explanatory plan described in subsection (1) or (2) must not be received on deposit in the land title office unless it has first been proved by the Surveyor General who may, in the Surveyor General's discretion, approve or reject the plan.

An application to the Surveyor General under subsection (3) must be accompanied by the fees payable under this Act.

Composite plans

If the registrar considers it necessary or convenient for registration or administrative purposes, the registrar may allow or require composite plans to be prepared from the deposited plans or other records in the land title office.

The Surveyor General must assist in the preparation of the composite plans whenever the service can be provided by the Surveyor General's office.

A composite plan may contain any number of contiguous parcels.

The parcels shown on the composite plans may be designated by their original distinguishing letters, if any, or the registrar may assign on the plan new distinguishing letters to the parcels.

The registrar must

sign and date the plan,

assign to it a deposit number, and

make a reference to it in the records.

5.1

Subsection (5) does not apply to a plan in electronic format.

A composite plan deposited under this

section must, after the date of deposit, for all purposes and for all subsequent dealings with a parcel shown on it, be referred to in the same manner as a subdivision plan deposited under this Act.

When composite plan not to be deposited

A composite plan must not be deposited under

section 71 if the deposited plans and other records from which the composite plan is compiled reveal any discrepancy or uncertainty in boundaries unless the several owners of the parcels affected sign the composite plan to evidence their consents to the boundaries shown on the composite plan.

All signatures required by subsection (1) must be witnessed by at least one person who is 16 years of age or older and who is not an owner of a parcel affected by the plan, and the address and occupation of each witness must be stated on the plan.

Subdivision of Land

Restrictions on subdivision

Except on compliance with this Part, a person must not subdivide land into smaller parcels than those of which the person is the owner for the purpose of

transferring it, or

leasing it, or agreeing to lease it, for life or for a term exceeding 3 years.

Except on compliance with this Part, a person must not subdivide land for the purpose of a mortgage or other dealing that may be registered under this Act as a charge if the estate, right or interest conferred on the transferee, mortgagee or other party would entitle the person in law or equity under any circumstances to demand or exercise the right to acquire or transfer the fee simple.

Subsection (1) does not apply to a subdivision for the purpose of leasing a building or part of a building.

A person must not grant an undivided fractional interest in a freehold estate in land or a right to purchase an undivided fractional interest in a freehold estate in land if the estate that is granted to or that may be purchased by the grantee is

a fee simple estate on condition subsequent, or

a determinable fee simple estate

that is or may be defeated, determined or otherwise cut short on the failure of the grantee to observe a condition or to perform an obligation relating to a right to occupy an area less than the entire parcel of the land.

Subsection (4) does not apply to land if an indefeasible title to or a right to purchase an undivided fractional interest in

a fee simple estate on condition subsequent in the land of the kind described in subsection (4), or

a determinable fee simple estate in the land of the kind described in subsection

(4) was registered before May 30, 1994.

An instrument executed by a person in contravention of this

section does not confer on the party claiming under it a right to registration of the instrument or a part of it.

Lease of part of a parcel of land enforceable

73.1

A lease or an agreement for lease of a part of a parcel of land is not unenforceable between the parties to the lease or agreement for lease by reason only that

the lease or agreement for lease does not comply with this Part, or

an application for the registration of the lease or agreement for lease may be refused or rejected.

This

section does not apply to an airport lease, as defined in

section 41 of the Municipalities Enabling and Validating Act (No. 2) .

Method of defining new parcel

Except as otherwise provided in

section 99, a new parcel created by subdivision or a parcel for which an indefeasible title is sought must be defined by a subdivision plan.

Requirements for subdivisions

A subdivision must comply with the following, and all other, requirements in this Part:

to the extent of the owner's control, there must be a sufficient highway to provide necessary and reasonable access

to all new parcels, and

through the land subdivided to land lying beyond or around the subdivided land;

all highways provided for in a subdivision plan or otherwise legally established on lands adjoining, lying beyond or around the land subdivided must be continued without unnecessary jogs and must be cleared, drained, constructed and surfaced to the approving officer's satisfaction, or unless, in circumstances the approving officer considers proper, security is provided in an amount and in a form acceptable to the approving officer;

if the land subdivided borders on

a body of water, the bed of which is owned by the Crown,

the boundary of a strip of land established as the boundary of a water reservoir, where the strip of land and reservoir are owned by the Crown, or

iii

a strip of Crown land 20 m or less in width contiguous to a natural boundary as defined in the Land Act ,

access must be given by highways 20 m wide to the body of water and to the strips at distances not greater than 200 m between centre lines, or, in a rural area where the parcels into which the land is subdivided all exceed 0.5 ha, at distances not greater than 400 m between centre lines;

if the land subdivided borders on a body of water, the bed of which is owned by a person other than the Crown and,

in the case of a lake or pond, the surface of the body of water at mean annual high water is at least 1.5 ha, and the mean depth at mean annual high water is at least 0.6 m, or

in the case of a river, creek or watercourse, the average width at mean annual high water is at least 6 m and the average depth at mean annual high water is at least 0.6 m,

access must be given by highways 20 m wide to the body of water and to the strips at distances not greater than 200 m between centre lines, or, in a rural area where the parcels into which the land is subdivided all exceed 0.5 ha, at distances not greater than 400 m between centre lines;

suitable lanes must be provided in continuation of existing lanes and in every case where lanes are considered necessary by the approving officer.

As an exception, subsection (1) (d) (

i) does not apply to a reservoir or pond referred to in paragraph (

d) of that subsection if the reservoir or pond is used for the purpose of domestic or industrial water supply and its bed is owned by a public body other than the Crown.

In considering the sufficiency of a highway shown on a plan and to be dedicated to the Crown, the approving officer must consider the following:

the location and width of the highway;

the suitability of the highway in relation to the existing use of the subdivided land and the use intended by the subdivision;

the configuration of the land subdivided;

the relation of the highway to be dedicated to an existing main highway or approach, whether by land or water, and local circumstances;

on the question of width, the extent of the use, present and future, to which the highway may be put;

the likely or possible role of the highway in a future highway network serving the area in which the subdivided land is located.

Relief from requirements established by

section 75

In circumstances prescribed under subsection (2), an approving officer may grant relief from compliance with all or part of the provisions of

section 75 (1) (

a) or (b).

The Lieutenant Governor in Council may make regulations prescribing circumstances for the purposes of subsection (1), which may be different for different areas.

On receiving an application made in accordance with subsection (4), the minister charged with the administration of the Transportation Act may grant relief from strict compliance with a requirement under

section 75 (1) (

c) or (d).

An application under subsection (3) must be supported by an affidavit and, if the approving officer is a municipal, regional district, islands trust or treaty first nation approving officer appointed under

section 77, 77.1 or 77.21 or is the Nisg̱a'a approving officer appointed under

section 77.3, by the written recommendation of the approving officer.

Relief granted under subsection (3) may be evidenced by a certificate endorsed on the plan and signed by the minister charged with the administration of the Transportation Act or by a designated highways official.

Appointment, Powers and Duties of Approving Officers

Appointment of municipal approving officers

For land within a municipality, the municipal council must appoint a person as an approving officer.

An approving officer appointed under this

section must be

the municipal engineer,

the chief planning officer,

some other employee of the municipality appointed by the municipal council, or

a person who is under contract with the municipality.

Appointment of regional district and islands trust approving officers

77.1

Subject to subsection (2), the Lieutenant Governor in Council may, by order, do one or more of the following:

authorize a regional district board to appoint a person as an approving officer for the rural area of the regional district;

authorize the trust council under the Islands Trust Act to appoint a person as an approving officer for the rural area of the trust area under that Act;

if an order under paragraph (

a) or (

b) applies, provide that

section 83.1 does not apply in relation to the regional district or trust area.

An order under subsection (1) (

a) or (

b) must be requested by resolution of the regional district board or trust council, as applicable, and must be recommended by the minister charged with the administration of the Transportation Act .

An order under subsection (1) (

a) or (

b) may include one or more of the following:

requirements that must be met before the authorization becomes effective;

conditions relating to the appointment of the approving officer under this section;

provisions respecting the transition to the exercise of authority by an approving officer appointed under this

section including, without limiting this, exceptions and modifications respecting how applications that are pending at the time the authorization becomes effective are to be dealt with.

If a regional district board or the trust council is authorized under subsection (1), it must appoint an approving officer for the rural area of its jurisdiction.

An approving officer appointed under this

section must be

the regional district or trust area engineer,

the chief planning officer,

some other employee of the regional district or trust council appointed by the board or council, as applicable, or

a person who is under contract with the regional district or trust council.

Provincial approving officers

77.2

If an approving officer is not appointed under

section 77.1 for a rural area, the approving officers for the area are

the deputy minister to the minister charged with the administration of the Transportation Act , and

approving officers appointed under subsection (2).

The Lieutenant Governor in Council may appoint a person as an approving officer for a rural area referred to in subsection (1).

Appointment of treaty first nation approving officers

77.21

A treaty first nation must appoint an approving officer for its treaty lands.

An approving officer appointed under subsection (1) must be

an official or employee of the treaty first nation, or

a person who is under contract with the treaty first nation.

Sections 77.1 and 77.2 do not apply to the treaty lands of a treaty first nation.

Nisg̱a'a approving officer

77.3

The Nisg̱a'a Lisims Government must appoint an approving officer for Nisg̱a'a Lands.

The approving officer appointed under subsection (1) must be

an official of the Nisg̱a'a Lisims Government, or

a person who is employed by or under contract with the Nisg̱a'a Nation.

The approving officer appointed under subsection (1) may exercise the approving officer's powers in relation to all Nisg̱a'a Lands, including Nisg̱a'a Village Lands.

Sections 77.1 and 77.2 do not apply to Nisg̱a'a Lands.

Certain designations prohibited on subdivision plans

An approving officer must not approve, and the registrar must not accept for deposit, a plan of subdivision that designates the land subdivided as a municipality, townsite or port, or as a separate part of, or an addition to, a municipality, townsite or port.

Repealed

[Repealed 1997-25-33.]

Controlled access highways

If a plan of subdivision affects land adjacent to a controlled access highway, as designated under

section 48 of the Transportation Act ,

the approving officer must not approve the plan if it does not conform to any applicable regulations under the Transportation Act , and

an approving officer appointed under

section 77, 77.1 or 77.21 must not approve the plan unless it has first been approved by the minister charged with the administration of the Transportation Act or a designated highways official.

Land in improvement districts

If a plan of subdivision affects land located in an improvement district under the Local Government Act , within 7 days after the plan is received by the approving officer for approval, the approving officer must notify the board of trustees of the improvement district.

Repealed

[Repealed 2003-72-16.]

Approval of Subdivision Plans

Tender of plan for examination and approval

A subdivision plan must be tendered for examination and approval by the approving officer as follows:

if the land affected is within a municipality, to the designated municipal officer;

if the land affected is in the rural area of a regional district authorized to appoint an approving officer under

section 77.1, to the designated regional district officer;

if the land affected is in the rural area of the trust area under the Islands Trust Act and the trust council is authorized to appoint an approving officer under

section 77.1, to the secretary of the trust council;

in other cases, to the district highways manager of the Ministry of Transportation.

The subdivision plan must be accompanied by the following:

the applicable fees established under

section 462 (1) (

f) of the Local Government Act or under

section 292 (1) (

h) of the Vancouver Charter or prescribed under subsection (3) of this section;

a certificate

that all taxes assessed on the subdivided land have been paid, and

if local service taxes are payable by instalments, that all instalments owing at the date of the certificate have been paid;

if the approving officer considers that there is reason to anticipate that the land may be resubdivided and requires this information, a sketch showing that the parcels into which the land is subdivided can conveniently be further subdivided into smaller parcels;

if the approving officer requires this information, profiles of every new highway shown on the plan and such necessary topographical details as may indicate engineering problems to be dealt with in opening up the highways, including environmental impact or planning studies.

The Lieutenant Governor in Council may, by regulation, prescribe fees for subdivision plan examination by a Provincial approving officer, which may vary with the number, size and type of parcels involved in the proposed subdivision.

Referral to designated highways official

83.1

Unless the application of this

section is excepted by order under

section 77.1 (1) (c), a regional district or islands trust approving officer who receives a plan tendered under

section 83 (1) (

b) or (

c) must refer the plan to a designated highways official for review, and

must not approve the plan unless the designated highways official consents.

The designated highways official may direct the approving officer to impose on the applicant specified requirements that must be met before the plan is approved or that must be conditions of approval.

Requirements that may be directed under subsection (2) are

requirements that the approving officer may require under this or another Act including, without limiting this, under

section 83 (2) (

d) of this Act or

section 513 of the Local Government Act , and

any other requirements that the designated highways official considers necessary to ensure that present and future highways needs can be adequately met.

Without limiting the authority of an approving officer, the approving officer may impose on an applicant any requirements directed by the designated highways official under subsection (2).

In determining whether or not to consent, the designated highways official is limited to considering the following:

whether the plan complies with the enactments that establish requirements and standards in relation to highways;

whether the highways within and leading to and beyond the subdivision are sufficient in relation to their capacity to carry traffic and their provision of access into and out of the subdivision;

whether any requirements directed under subsection (2) have been satisfied.

Plan tendered later than 3 months after survey

If a subdivision plan is tendered for examination and approval after the expiration of 3 months after the date the survey is completed, the approving officer may require the surveyor who carried out the survey to inspect the survey and

be satisfied that

all posts and monuments are in place, and

the survey has not been affected by an intervening survey or a registration, deposit or filing under this Act, and

write on the plan "inspected under the Land Title Act ", with the date of the inspection and the surveyor's signature.

The surveyor may inspect and certify under subsection (1) before the plan is tendered for approval.

In the event of the death or disability of the surveyor, the Surveyor General may appoint another British Columbia land surveyor to make the inspection.

Time limit for approval and consideration of public interest

Subject to

section 85.1, a subdivision plan must be approved or rejected by the approving officer within 2 months after the date it is tendered for examination and approval or within another period that may be set by the Lieutenant Governor in Council.

If, under subsection (1), the approving officer rejects the subdivision plan, the approving officer must forthwith notify in writing the applicant, or the solicitor or agent of the applicant, of the rejection, stating briefly the reason and the approving officer's requirements, if any.

In considering an application for subdivision approval in respect of land, the approving officer may refuse to approve the subdivision plan if the approving officer considers that the deposit of the plan is against the public interest.

Environmental Management Act requirements must be met

85.1

In this section:

director has the same meaning as in the Environmental Management Act ;

registrar has the same meaning as in

section 39 of the Environmental Management Act ;

site disclosure statement has the same meaning as in

section 39 of the Environmental Management Act ;

specified building permit application means an application for a building permit for which a site disclosure statement must be provided under

section 40 (1) (

b) of the Environmental Management Act ;

specified development permit application means an application for a development permit for which a site disclosure statement must be provided under

section 40 (1) (

b) of the Environmental Management Act ;

specified subdivision application means an application for subdivision for which a site disclosure statement must be provided under

section 40 (1) (

a) of the Environmental Management Act ;

specified zoning application means an application for zoning for which a site disclosure statement must be provided under

section 40 (1) (

b) of the Environmental Management Act .

An approving officer must not approve a specified subdivision application with respect to a site, unless both of the following are satisfied:

the approving officer has

received the site disclosure statement required under

section 40 (1) (

a) of the Environmental Management Act for the application, and

in accordance with

section 40 (4) of the Environmental Management Act , assessed the site disclosure statement and forwarded it to the registrar;

the approving officer has received one of the following:

notice from a director that an investigation of the site is not required under

section 40.1 (2) [investigations required with provision of site disclosure statement] or 41 [site investigations] of the Environmental Management Act ;

a final determination under

section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;

iii

notice from a director that the approving officer may approve the application because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

notice from a director that the director has received a remediation plan supporting independent remediation of the site;

notice from a director that the director has entered into a voluntary remediation agreement with respect to the site;

a valid and subsisting approval in principle or certificate of compliance under

section 53 [approvals in principle and certificates of compliance] of the Environmental Management Act with respect to the site.

Despite subsection (2), an approving officer may approve a specified subdivision application for a proposed development at a site if

the person who made the application makes one or more of the following applications, for the same proposed development at the same site, to the applicable municipality, regional district or local trust committee under the Islands Trust Act :

a specified zoning application;

a specified development permit application;

iii

a specified building permit application, and

the municipality, regional district or local trust committee has

received the site disclosure statement required under

section 40 (1) (

b) of the Environmental Management Act for the specified zoning application, specified development permit application or specified building permit application, as applicable, and

in accordance with

section 40 (4) of the Environmental Management Act , assessed the site disclosure statement and forwarded it to the registrar.

Matters to be considered by approving officer on application for approval

Without limiting

section 85 (3), in considering an application for subdivision approval, the approving officer may

at the cost of the subdivider, personally examine or have an examination and report made on the subdivision,

hear from all persons who, in the approving officer's opinion, are affected by the subdivision,

refuse to approve the subdivision plan, if the approving officer considers that

the anticipated development of the subdivision would injuriously affect the established amenities of adjoining or reasonably adjacent properties,

the plan does not comply with the provisions of this Act relating to access and the sufficiency of highway allowances shown in the plan, and with all regulations of the Lieutenant Governor in Council relating to subdivision plans,

iii

the highways shown in the plan are not cleared, drained, constructed and surfaced to the approving officer's satisfaction, or unless, in circumstances the approving officer considers proper, security is provided in an amount and in a form acceptable to the approving officer,

iii.1

a highway provided for in a subdivision plan or otherwise legally established on lands adjoining, lying beyond or around the land subdivided is, in the approving officer's opinion, not sufficient,

the land has inadequate drainage installations,

the land is subject, or could reasonably be expected to be subject, to flooding, erosion, land slip or avalanche,

after due consideration of all available environmental impact and planning studies, the anticipated development of the subdivision would adversely affect the natural environment or the conservation of heritage property to an unacceptable level,

vii

the cost to the government of providing public utilities or other works or services would be excessive,

viii

the cost to the municipality or regional district of providing public utilities or other works or services would be excessive,

the subdivision is unsuited to the configuration of the land being subdivided or to the use intended, or makes impracticable future subdivision of the land within the proposed subdivision or of land adjacent to it,

the anticipated development of the subdivision would unreasonably interfere with farming operations on adjoining or reasonably adjacent properties, due to inadequate buffering or separation of the development from the farm, or

despite subparagraph (ix), the extent or location of highways and highway allowances shown on the plan is such that it would unreasonably or unnecessarily increase access to agricultural land within the agricultural land reserve, as those terms are defined in the Agricultural Land Commission Act , and

if the approving officer considers that the land is, or could reasonably be expected to be, subject to flooding, erosion, land slip or avalanche, the approving officer may require, as a condition of consent to an application for subdivision approval, that the subdivider do either or both of the following:

provide the approving officer with a report certified by a professional engineer or geoscientist experienced in geotechnical engineering that the land may be used safely for the use intended;

enter into one or more covenants under

section 219 in respect of any of the parcels that are being created by the subdivision.

The Lieutenant Governor in Council may, by regulation, amend, add to, substitute or repeal any of the grounds for refusal set out in this

section or in

section 85 (3).

Local government matters to be considered by approving officer

Without limiting

section 85 (3), the approving officer may refuse to approve a subdivision plan if the approving officer considers that the subdivision does not conform to the following:

all applicable provisions of the Local Government Act ;

all applicable municipal, regional district and improvement district bylaws regulating the subdivision of land and zoning;

if the land affected is within the trust area under the Islands Trust Act , all applicable local trust committee bylaws regulating the subdivision of land and zoning.

Approval of plan

On the approval of a plan, the approving officer must write on it "Approved under the Land Title Act " with the date of approval and must sign it and append below the approving officer's signature the title

Approving Officer for

......................................................................... (municipal, or as the case may be)

......................................................................... (name of municipality, or as the case may be).

Appeal to Supreme Court

If a subdivision plan is rejected by the approving officer, or if the approving officer has failed within the time limit set out in

section 85 to approve a subdivision plan, the subdivider may make an application in the nature of an appeal to the Supreme Court

within one month after receiving the approving officer's rejection, or

if the subdivision plan has not been approved within the time limit set out in

section 85, within one month after the expiration of that time.

The court may, on application made within the time limit for appeal under subsection (1) and on the terms it thinks proper, extend the time for appeal for a period not exceeding one month.

The application must be supported by an affidavit of the subdivider or the subdivider's solicitor or agent, stating fully and fairly all the material facts of the case, and that to the best of the subdivider's, solicitor's or agent's information, knowledge and belief all facts material to the application for approval have been fully and fairly disclosed.

The appellant must serve a copy of the application on the approving officer, together with copies of all material and exhibits proposed to be used on the hearing.

At least 10 days' notice must be given of the time and place of hearing, and at that time and place all interested persons, whether or not served with the application, may appear and be heard.

The court may make any order it considers proper as to the notification of other persons of the hearing.

On the hearing of the application, the court may make any order

that the circumstances of the case require, including a direction that the approving officer approve the plan, if otherwise in order, and

with respect to the costs of the persons appearing on the hearing of the application as appears just.

If the approving officer is directed by the order to approve the plan, the approving officer must note on it "Approved under the Land Title Act pursuant to the order of .............., made ................", with the date of approval, and must append the approving officer's title below the approving officer's signature in the manner provided in

section 88.

This

section applies to the nonapproval or refusal to grant approval of an application under

section 101.

Power of Lieutenant Governor in Council to prohibit deposit of plan

The Lieutenant Governor in Council may, when it appears that the deposit of a subdivision plan is against the public interest, order the registrar not to receive the plan for deposit.

Subsection (1) applies whether or not the subdivision has been approved and despite the right of appeal under

section 89.

Deposit of Subdivision Plans

Approval of subdivision plan required

A subdivision or reference plan must not be deposited by the registrar unless it has first been approved by the approving officer.

Subsection (1) does not apply

if, under

section 94, the plan only consolidates into a single parcel lawfully accreted land and another parcel, or

subject to

section 99 (2), to a reference plan deposited under

section 99 (1) (e), (f), (g), (

h) and (j), or 100.

Application for deposit

An application to deposit a subdivision plan must be

in the form approved by the director,

accompanied by

the subdivision plan and the reproductions required by

section 67 (s), and

the duplicate indefeasible title, if any, and if it is not on deposit in the land title office, and

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.

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.

Title to land in plan required to be registered

Except if a subdivider is proceeding under

section 94,

Part 9, in respect of a highway, or

section 58 or 80 of the Land Act ,

a plan must not be deposited by the registrar unless the title to all the land included in the plan and subdivided by it is registered in the indefeasible fees register.

The registrar may, in the registrar's discretion, refuse to deposit a plan covering land held under more than one title if the registrar considers that confusion as to title of parcels may result.

Endorsement of certificate

Despite the Land Act , if a plan to be tendered for deposit in the land title office

includes land that adjoins Crown land and that has lawfully accreted to the land being subdivided, or

shows a water boundary that differs from the water boundary shown on the plan already on deposit on which the present title is based,

the Surveyor General may, if in the Surveyor General's opinion it is in the public interest to do so, endorse on the plan a certificate

that the land in question is lawfully accreted land, or

that the water boundary is the natural boundary as defined in the Land Act .

The Surveyor General must not certify a plan under subsection (1) unless the Surveyor General is satisfied that

the land in question has lawfully accreted to the registered land of the subdivider, or

the water boundary shown on the plan is in fact the correct water boundary, and the water boundary as shown on the plan already on deposit on which the present title is based was incorrectly shown on that plan due to lack of detail or sufficient detail, or other good reason.

An application to the Surveyor General for endorsement under subsection (1) must be accompanied by the fees payable under this Act.

Accreted land within plan

If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the Surveyor General certifying that all or part of land intended to be dealt with by the plan is lawfully accreted land adjoining Crown land, the certificate is deemed to be proof satisfactory to the registrar that

the registered owner, purporting to include in the plan the accreted land, has established to it a good safe holding and marketable title in fee simple, and

the subdivider's indefeasible title to the land included in the boundaries of the plan and affected by the accretion is the registered title to the accreted land.

If the indefeasible title is endorsed with a registered charge, the charge is extended to include the accreted land.

Water boundary deemed to be natural boundary

If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the Surveyor General certifying that the water boundary shown on the plan is the natural boundary, as defined in the Land Act , of the land shown outlined in accordance with the rules made under

section 385 (5) or, if the plan is in electronic format, outlined in the manner established by the director, then, on the deposit of the plan, and even though the water boundary does not agree with the natural boundary shown on a plan already on deposit in the land title office due to a lack of sufficient detail on the deposited plan or other good reason, the certificate is deemed to be proof satisfactory to the registrar that

the registered owner, purporting to include in the plan tendered for deposit the area comprising the subject matter of the discrepancy, has established to the area a good safe holding and marketable title in fee simple, and

the subdivider's indefeasible title to the land adjoining the area and included in the boundaries of the plan tendered for deposit is the registered title to the area.

If the indefeasible title is endorsed with a registered charge, the charge is extended to include in it the area referred to in subsection (1).

Signatures of owners to plan

A subdivision plan must be signed by each owner of the land subdivided.

All the signatures to the plan must be witnessed in the same manner as is required by

section 72 (2).

The registrar may accept a plan that has not been signed by all the owners if, in the registrar's opinion, the interests of the owners who have not signed are not affected by the deposit of the plan.

If an owner of a charge, other than a charge by way of mortgage, lease, agreement for sale or subagreement for sale, fails or refuses to sign the plan, the owners in fee simple may apply to the registrar 30 days after serving that owner with notice of an application to be made under subsection (5).

On application made after the 30 days referred to in subsection (4), the registrar may issue an appointment for the hearing of all interested parties, and on the return of the appointment may

hear all interested parties or their agents,

adjourn the hearing of the application on terms the registrar considers proper,

award costs the registrar considers just to the applicant or to any other person interested in the application, and order by whom the costs must be paid, and

grant or refuse all or part of the application, or on conditions the registrar considers proper.

A person dissatisfied with an order made under subsection (5) may

require the registrar forthwith to provide written reasons, and

within 21 days after receiving the registrar's reasons, apply to the Supreme Court by way of appeal from the registrar's decision.

Sections 309 and 310 apply in respect of the application to the court and the proceedings on it.

The deposit of a plan pursuant to an order of the registrar or court made under this

section has the same effect in all respects as if the plan had been signed, without prejudice however, except as to a highway, park or public square included in the plan, to a condition, exception, reservation, charge, lien or interest to which the registered title to the subdivided land is subject.

New indefeasible titles for parcels shown on deposited plan

The registrar must examine the application and plan, and any supporting instrument produced and, if satisfied that they are in order and in compliance with all the requirements of this Act, must deposit the plan under the serial deposit number assigned to the plan on its receipt and register new indefeasible titles for the parcels shown on the plan as may be necessary.

If a new indefeasible title is registered, the former indefeasible title must be cancelled in the manner provided for in

section 189.

If a new indefeasible title is registered, a print of the plan must be transmitted to the appropriate taxing authorities.

Concurrently with the tender of the plan, an application may be made to the registrar to register an instrument dealing with any parcel included in the plan, and reference in the instrument to the plan and parcel must be in the manner required by the registrar.

Other Methods of Defining New Parcels

Registrar to determine whether description of land acceptable

The registrar may accept

a metes and bounds description or an abbreviated description, with or without a reference plan or an explanatory plan, or

a reference plan or an explanatory plan, with or without a metes and bounds description

in any of the following cases:

if a new parcel is created by the subdivision of an existing parcel shown on a deposited subdivision plan;

if the new parcel is created for the purpose of adding it to an already existing adjoining parcel in the same subdivision plan, in which case the new parcel is deemed to be an integral portion of the parcel to which the new parcel is added;

if an easement, restrictive covenant, covenant under

section 219 or a statutory right of way is being created;

if a parcel is being transferred to the Crown or other transferee for highway purposes;

if there is a statutory right to acquire compulsorily a parcel smaller than the registered parcel;

if a parcel is being transferred, leased or donated for public purposes to

the Crown, including a Crown agency,

a municipality, regional district or improvement district,

iii

a public body exercising public functions over the area in which the land is located, or

a person designated by the minister under

section 219 (3) (c);

if the registrar is satisfied that

the creation of the new parcel is to provide for an isolated transaction and is not a step in a progressive subdivision, and

due to the previous legal establishment of sufficient highways in accordance with

section 75, the acceptance of the description or the deposit of the plan is not against the public interest;

if a new parcel is being created for a lease for well site or access roadway or both well site and access roadway purposes under the Energy Resource Activities Act ;

if a new parcel is being created for a lease other than a lease referred to in paragraph (j).

The registrar, before exercising the registrar's discretion in respect of the matters covered by subsection (1) (c), (d), (f), (h) (iv), (

i) or (k), must require the applicant to provide satisfactory evidence that the approving officer has granted approval of the subdivision but in the case of a transfer under subsection (1) (f), approval is required only if the land is in a rural area.

In the case of a lease of all or part of a building, the registrar may, on the ground of hardship or economic loss, accept a sketch plan with or without a metes and bounds description or abbreviated description.

Re-establishment of boundaries

The registrar may accept

a reference plan without an accompanying description, if a resurvey or survey of an existing parcel is made for the purpose of re-establishing the boundaries of the parcel in accordance with the registered title, and

despite

section 158 (1), a reference or an explanatory plan without an accompanying description, if a new parcel is created by the consolidation of adjoining surveyed parcels.

Section 98 applies to the deposit of a reference plan or an explanatory plan under this section.

Sections 75 and 91 do not apply to a survey, resurvey or consolidation under this section.

A reference plan or an explanatory plan tendered for deposit under this

section must be accompanied by

an application in the form approved by the director signed by the owner in fee simple or that owner's agent and consented to by each holder of a registered charge, and

the duplicate indefeasible title, if any.

If there is a consolidation of surveyed parcels, a consent referred to in subsection (4) (

a) on the application and given by the holder of a mortgage granted by the owner of the fee simple operates, on the deposit of the plan, to extend the mortgage registered against the title to the surveyed parcel so as to coincide with the boundaries of the new parcel as shown on the reference or explanatory plan.

Principles guiding approving officer

In considering an application for approval of a subdivision under

section 99, the approving officer must be guided by the principles and requirements set out in this Act applicable to the examination of subdivisions made by subdivision plan.

An application for approval must be accompanied by the prescribed fee.

If the approving officer refuses to grant approval, or if approval is not granted within 2 months after the date the application is tendered to the approving officer for approval, the owner of the land is entitled to make an application in the nature of an appeal to the Supreme Court in the same manner as is provided in

section 89 for the nonapproval or rejection of a subdivision plan.

Dedication by reference or explanatory plan

If the Crown is the registered owner of a parcel free from encumbrances, and intends to establish all or part of the parcel as a highway, the Crown may deposit a reference plan showing the area intended to become a highway.

The registrar may, if the intended establishment under subsection (1) is being effected primarily for the clarification of the records, accept an explanatory plan instead of a reference plan.

The reference plan or explanatory plan must be

signed by the Surveyor General, and

unless the highway has been previously established by notice in the Gazette, approved by a designated highways official.

The deposit of the reference plan or explanatory plan by the registrar operates as a dedication by the Crown to the public of the land shown on the reference or explanatory plan as a highway.

The registrar must accordingly amend or cancel, as the case may be, the existing indefeasible title, and the land ceases to be registered under this Act.

This

section applies if the Crown is a registered owner under

section 278.

Execution of plan by owner

Unless the application of this

section is dispensed with by the registrar, a reference or an explanatory plan must be

signed by each owner of the land dealt with by the plan, and

witnessed in the same manner as is required by

section 72 (2).

Serial deposit number

The registrar must assign a serial number to each reference or explanatory plan deposited by the registrar.

Conflicting Measurements

Power of registrar if measurements on plans conflict

The registrar may

refuse to accept a plan tendered for deposit, the measurements of which do not correspond with the measurements shown on a plan already on deposit covering all or part of the same land or having a common boundary with the plan being tendered,

refer a plan to the Surveyor General for the Surveyor General's report, or

order

a new survey, or

that all other necessary steps be taken to ascertain the true measurements.

This

section does not apply to a posting plan.

Power of registrar to correct errors, defects or omissions

If it appears to the registrar, on the filing of satisfactory evidence, including a plan or other instrument the registrar may require, that there is an error, defect or omission in a deposited plan, the registrar may correct the plan.

The registrar must make an appropriate note of the correction on the plan and in the register following the description of the land.

If a plan has been microfilmed, the registrar must, as far as practicable, make the correction on the plan and update the microfilm copy.

Vesting of Title by Deposit of Plan

Dedication and vesting

The deposit of a subdivision, reference or explanatory plan showing a portion of the land

as a highway, park or public square, that is not designated on the plan to be of a private nature, or

as covered by water and as lying immediately adjacent to a lake, river, stream or other body of water not within the land covered by the plan, and designated on the plan to be returned to the government,

operates

as an immediate and conclusive dedication by the owner to the public of that portion of land shown as a highway, park or public square, or to be returned to the government, for the purpose indicated on or to be inferred from the words or markings on the plan,

to vest in the Crown in right of the Province, subject to any other enactment, title to the highway, park or public square, or to the portion to be returned to the government, except any of the following that are registered in the name of a person other than the owner:

minerals and placer minerals as defined in the Mineral Tenure Act ;

coal;

iii

petroleum as defined in the Petroleum and Natural Gas Act ;

gas or gases, and

to extinguish the owner's common law property, if any, in the portion of land referred to in subsection (1) (

a) or (b).

An indefeasible title must not be registered for a highway, park or public square dedicated and vested under this section.

A public street, road, square, lane, bridge or other highway that vests in the City of New Westminster under

section 204 of the New Westminster Act, 1888 vests subject to the exceptions referred to in subsection (1) (

d) of this section.

If designation on plan "Returned to Crown in right of the Province"

Except as provided in

section 107 (1), if, on the subdivision of land, a subdivision or reference plan is deposited in the land title office, and a portion of the land subdivided is designated on the plan "Returned to Crown in right of the Province", the deposit of the plan is deemed to be a transfer in fee simple by the registered owner in favour of the government.

If the subdivided area shown in and included in a subdivision or reference plan deposited in the land title office before or after this

section comes into force adjoins land covered by water, and the land is included in the subdivider's indefeasible title and adjoins land the title to which is vested in the Crown in right of the Province, the deposit is deemed to be a transfer in fee simple of the first mentioned land to the government, and the title of the registered owner to the first mentioned land covered by water is deemed to be extinguished.

Subsection (2) does not apply to land that has been exempted from the application of that subsection by order of the minister, subject to any terms or conditions contained in the exemption order.

3.1

The minister may delegate to the Surveyor General the minister's powers and duties under subsection (3).

A certified copy of an order under subsection (3) must be filed with the deposit of the plan, and the registrar must make a note of the order in the records in the manner required by the director.

An application to the minister for an exemption under subsection (3) must be accompanied by the prescribed fee.

5.1

Subject to any terms or conditions the Lieutenant Governor in Council considers appropriate, the Lieutenant Governor in Council may order retroactively that subsection (2) did not operate on one or more occasions in respect of land identified in the order, if, in the opinion of the Lieutenant Governor in Council, one or both of the following apply:

it is desirable to clarify title to land because of uncertainty about the operation of subsection (2);

the operation of subsection (2) is inappropriate or unfair because a person, including a registered owner, as a result of a belief that the registered owner had title to land,

has incurred costs in the past,

is likely to suffer loss in the future, or

iii

is otherwise prejudiced.

5.2

the land referred to in the order is conclusively deemed not to have been transferred in fee simple to the government under subsection (2) on any occasion identified in the order;

the tit