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Volume 47, No. 12

B.C. Reg. 245/2004

The British Columbia Gazette,

Part II

June 15, 2004

B.C. Reg. 245/2004, deposited June 2, 2004, pursuant

to the COMMUNITY CHARTER [Section 35 (10) (b)]. Ministerial

Order M213/2004, dated May 31, 2004.

I, Kevin Falcon, Minister of Transportation, order that the

following regulation is made.

RESUMPTION OF HIGHWAYS REGULATION

Circumstances in which right of resumption is cancelled

1 The Provincial government's right of resumption

under

section 35 (8) of the Community Charter , in relation to a highway

or portion of a highway that was vested in a municipality by

section 35 (1)

of that Act, is cancelled if

(

a) the municipality has, by bylaw under

section 40 of

the Community Charter ,

(

i) closed the highway or portion, and

(ii) removed its dedication,

(

b) the closed highway or portion is not adjacent to

(

i) a park, recreation area or ecological reserve established

under the Park Act , the Ecological Reserve Act or the Protected

Areas of British Columbia Act , or

(ii) an area to which an order under

section 7 (1) of

the Environment and Land Use Act applies, and

(

c) the land is disposed of

(

i) in exchange for land necessary for the purpose of

improving, widening, straightening, relocating or diverting a highway, or

(ii) to one or more adjacent landowners for the purpose

of consolidating it with the landowners' existing adjacent parcel or parcels

of land.

— K. FALCON, Minister of Transportation.

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© 2004: Queen's Printer, Victoria, British Columbia, Canada