Section 2 of the Board Policy Manual provides a brief overview of the terminology used in the manual and
includes definitions for terms used throughout the manual. Terminology
In these policies the Board of Management is referred to as the “Board”, the Association of British
Columbia Land Surveyors as the “Association”, members in good standing of the Association as “members
or membership” and employees of the Association as “employees”. DEFINITIONS
"Act" means the Land Surveyors Act. "Association" means the Association of British Columbia Land Surveyors unless the text otherwise
implies. "Board" means the Board of Management. “Land Surveyor” means a person admitted as land surveyor under

section 47 of the Act. “Land Surveyor Associate” means a person who, for a Canadian jurisdiction other than British Columbia,
has a status recognized under these bylaws as equivalent to that of a land surveyor, is registered as a land
surveyor associate in compliance with these bylaws and is not in default for fees, dues, or costs payable to
the Association. “Land Surveyor in Training” means a person who is registered with the Association as a Land Surveyor in
Training and who is not in default of fees, dues, or costs payable to the Association. "Member" means a Land Surveyor, Land Surveyor Associate or Land Surveyor in Training.

“Nonpractising Land Surveyor” means a land surveyor whose name has, after application by that person,
been placed on a list of nonpractising land surveyors and who is not in default for fees, dues, or costs
payable to the Association. "Person" shall have the meaning as defined under The Interpretation Act. “Practising Land Surveyor” means a land surveyor who is not in default for fees, dues, or costs payable to
the Association, who is not under suspension and who is not a nonpractising land surveyor. “Survey and Plan Rules” shall mean the rules for surveys authorized by

section 75 of the Land Surveyors
Act and approved by order of the Surveyor General. ABCLS Board Policy Manual 2
GENERAL POLICIES
Purpose

Section 3, the General Policies of the Association are the general policies and statutory requirements that
apply to all members of the Association, the Board, and employees in the performance of activities that
are related to the Association and its purpose. Scope
Unless otherwise stated, the following General Policies apply to all members of the Board elected and/or
appointed under the Land Surveyors Act, members of the Association conducting work related to the
Association and/or mandated by the Association’s legislative requirements and to the employees of the
Association. Some policies apply to contractors/consultants conducting work on behalf of the
Association, who may not be members of the Association.

ABCLS Board Policy Manual 3
Policy Type: Effective Date:
General Policies 2010-01-28
Policy Number and Name: Revision Date:
3.1 Statutory Requirements 2012-09-06
Page: 1 of 1
Policy
The Association is governed by the Land Surveyors Act, its rules and regulations and the bylaws of the
Association. The Association will uphold the statutory requirements of all applicable federal, provincial, and municipal
legislation including, but not limited to:
• The Employment Standards Act and Regulation
• The BC Human Rights Code
• The Freedom of Information and Protection of Privacy Act
Procedures
• All members and employees of the Association will be informed of their duty to comply with
applicable legislation and with the Association bylaws when performing any work or service related to
or on behalf of the Association.

• The Land Surveyors Act is maintained on the applicable website for the Province of British Columbia
and Association bylaws are maintained on the Association website. ABCLS Board Policy Manual 4
2010-01-28
General Policies
3.2 Freedom of Information and Protection of Privacy 2012-09-06
2022-12-08
Page: 1 of 11
Purpose
The purpose of this policy is to set expectations and provide clarity for Board members, Association
members, Association committee members, staff, contractors, and the public concerning the
Association’s privacy management program mandated by

section 36.2 the the Freedom of Information
and Protection of Privacy Act (“FIPPA”) of British Columbia. Policy
As the regulator of the land surveying profession in British Columbia, the ABCLS has the power to compel
members of the profession and candidates seeking membership in the profession to share personal
information. The ABCLS also collects personal information from complainants and others enquiring into
the conduct of ABCLS members. The ABCLS has an obligation to responsibly manage that personal information.

At the time of collection, the ABCLS will:
(a) inform individuals from whom information is required as to the reason why and how we
collect, use, and disclose personal information;
(b) obtain consent where required; and
(c) handle personal information in a manner that a reasonable person would consider
appropriate in the circumstances. This policy contains the principles and procedures we follow to protect personal information. Our privacy commitment includes ensuring confidentiality and security of personal information, and
allowing members, candidates, and others to request access to and correction of their personal
information. This policy is intended to comply with FIPPA, which establishes the basis on which a public body can
collect, use, and disclose the personal information of individuals.

Definitions
“Contact Information” means information that would enable an individual to be contacted at a place of
business. It includes name, position name or title, business telephone number, business address, business
email, or business fax number. ABCLS Board Policy Manual 5
“Personal Information” means recorded information about an identifiable individual other than contact
information. “Personal information Bank” or “PIB” is a collection of personal information organized or retrievable by
the name of an individual or by an identifying number, symbol or other particular assigned to an
individual. “Privacy Impact Assessment” or “PIA” means an assessment that is conducted by a public body to
determine if a current or proposed enactment, system, project, program or activity meets or will meet the
requirements of part 3 of FIPPA.

“Privacy Officers” means the Chief Administrative Officer and Secretary, who are designated responsible
individuals for ensuring the ABCLS complies with FIPPA and this policy. “Record” includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any
other thing on which information is recorded or stored by graphic, electronic, mechanical or other means,
but does not include a computer program or any other mechanism that produces records. Procedures
1. Designation of Heads
The Chief Administrative Officer and Secretary are the responsible individuals designated by the ABCLS
Board as Privacy Officers directed to ensure compliance with FIPPA and to serve as the points of contact
for all privacy related matters. 2.

Collecting Personal Information
a) Unless the purposes for collecting personal information are obvious and the member,
candidate, complainant, or other person voluntarily provides their personal information for
those purposes, we will communicate the purposes for which personal information is being
collected, either orally or in writing, before or at the time of collection. b) We only collect personal information necessary to fulfill our function under the Land
Surveyors Act and for purposes associated with that function.

These purposes include but are
not limited to:
• verification of candidate identity
• assessment of candidate suitability for registration
• communication with members and candidates
• maintaining a register of members
• renewing memberships and permits to practice
• processing status changes and resignations
• investigating complaints
• providing educational programs to members
• operating an awards program
• conducting audits and practice reviews of members
• answering questions relating to professional practice or ethics
ABCLS Board Policy Manual 6
• selecting and appointing members or other persons to serve in official functions under
the Land Surveyors Act, the bylaws of the ABCLS, or otherwise serve as a volunteer for the
ABCLS or act on behalf of, or as a nominee of the ABCLS.

c) We will routinely collect personal information from individuals who are not candidates or
members, including employees, committee volunteers, and complainants. However, we will
only collect personal information necessary or related to fulfilling the duties and objectives of
the ABCLS under the Land Surveyors Act. 3. Consent
a) We obtain member, candidate, or complainant consent to collect, use, or disclose personal
information, except where, as noted below, we are authorized to do so without consent. b) Consent can be provided, or it can be implied where the purpose for collecting, using, or
disclosing the personal information would be considered obvious and the member, candidate,
or complainant voluntarily provides information for that purpose.

c) Subject to certain exceptions (e.g., if the personal information is necessary to provide the
service or product, or the withdrawal of consent would frustrate the performance of a legal
obligation), members, candidates, or complainants can withhold or withdraw their consent
for the ABCLS to use their personal information in certain ways. However, a decision to
withhold or withdraw consent to certain uses of personal information may restrict our ability
to provide a particular service or product. If so, we will explain the situation to assist the
individual in making the decision.

d) We may collect, use, or disclose personal information without a person’s knowledge or
consent in the following limited circumstances:
• when the collection, use, or disclosure of personal information is permitted or required by
law,
• when we require legal advice from a lawyer, or
• when investigating a complaint against a member or a complaint of unauthorized practice
of land surveying
4.

Using and Disclosing Personal Information
a) We only use or disclose personal information where necessary to:
• fulfill the purposes identified at the time of collection, or
• to license, register, investigate, or discipline members;
or when the information was collected by observation at a presentation, ceremony, performance,
or similar event that was open to the public and at which the individual the information is about
appeared voluntarily. ABCLS Board Policy Manual 7
b) We do not use or disclose personal information for any additional purpose unless we obtain
consent to do so, or it is authorized by law. c) We do not sell personal information lists or personal information to other parties. 5.

Retaining Personal Information
a) If we use member, candidate, or complainant personal information to make a decision that
directly affects the member or complainant, we retain that personal information according to
the retention periods set out in Policy 3.6 – Records Retention Policy so that the member or
complainant has a reasonable opportunity to request access to it. b) Subject to

section 5 a), we retain member, candidate, or complainant personal information
only as long as necessary to fulfill the identified purposes or a legal or business purpose. 6. Ensuring Accuracy of Personal Information
a) We make reasonable efforts to ensure personal information is accurate and complete where
it may be used to make a decision that directly affects an individual or disclosed to another
organization. b) Members, complainants, or other persons may request correction to their personal
information to ensure accuracy and completeness. A request to correct personal information
must be made in writing and provide sufficient detail to identify the personal information and
the correction being sought. A request to correct personal information can be forwarded to a
Privacy Officer.

c) If the personal information is factually inaccurate or incomplete, we will correct the
information and send the corrected information to any organization to which we disclosed
the personal information in the previous year. If the correction is not made, we will note the
applicant’s correction request on file. In either case we will notify the person making the
correction request as to the outcome. 7. Securing Personal Information
a) We are committed to ensuring the security of personal information in order prevent
inadvertent or unauthorized access, collection, use, disclosure, copying, modification,
disposal, or similar risks. b) The following security measures are in place to ensure personal information is appropriately
protected:
• Electronic documents are stored in SharePoint, a secure cloud-based service, hosted by
Microsoft.

Access is controlled by username and password with two-factor authentication
to protect against any phishing, social engineering, or password brute-force attack. Only
ABCLS staff and its Information Technology contractor have access to ABCLS’ SharePoint. Staff access to electronic documents in SharePoint is controlled on a “need to know”
basis. ABCLS Board Policy Manual 8
• All our information in SharePoint and staff email accounts are regularly backed up with
Canadian Cloud Backup Inc. and only the Privacy Officers have access to this information.

• A separate, secure, encrypted, and password protected cloud sharing application called
Sync.com is used for sharing personal information, as necessary, with the ABCLS Board
and operational committees, including: the Board of Examiners, Complaint Appeal Panels,
Complaint Inquiry Committee, Executive Committee, Nominating Committee, and
Practice Advisory Panel. • In 2022, the ABCLS completed the conversion of its paper records to electronic format. Where paper documents with personal information continue to exist, they generally do
so temporarily, for working purposes. When that work is completed, the paper
documents are destroyed. • The ABCLS office is protected by a Telus alarm and monitoring system. Only ABCLS staff
can disarm the alarm system.

• All staff, contractors, the Board, and members of committees who handle personal
information must review this policy and are accountable for following appropriate
procedures for handling personal information. • All staff are provided cyber training. • ABCLS information technology providers engage in regular, routine audits of all systems to
ensure robust security and data protections are in place. c) We use appropriate security measures when destroying personal information. This includes
shredding paper documents and deleting electronically stored documents according to the
timelines set out in Policy 3.6 – Records Retention Policy. 8. Providing Access to Personal Information
a) Individuals have the right to access their personal information in the custody or under the
control of the ABCLS, subject to limited exceptions under FIPPA.

b) A request to access personal information must be made in writing to a Privacy Officer and
provide sufficient detail to identify the personal information requested. c) Upon request, we will tell individuals how we use their personal information and, if
applicable, to whom it has been disclosed. d) We will respond to requests for personal information within 30 days or provide written notice
of an extension where additional time is required to fulfill the request. e) If a request is refused in full or in part, we will notify the applicant in writing, providing the
reasons for the refusal and the available recourse. 9.

Privacy Impact Assessment
ABCLS Board Policy Manual 9
The ABCLS will complete a PIA whenever:
a) there is a significant modification of an existing ABCLS system, program, or activity that may
impact the collection, use, and disclosure of personal information; or
b) the ABCLS is undertaking a new project involving the collection, use, or disclosure of personal
information. 10. Questions and complaints
a) The Privacy Officers are responsible for ensuring ABCLS compliance with this policy and FIPPA. b) Applicants or complainants can submit written complaints, concerns, or questions about
FIPPA compliance to a Privacy Officer. c) Contact information for the Privacy Officers will be provided on the contact page of the ABCLS
website. 11.

Privacy Breach Response Protocol
In the event of any unauthorized access to personal information or the unauthorized collection, use,
disclosure, or disposal of personal information, the ABCLS will follow the protocol set out in Schedule B of
this policy. ABCLS Board Policy Manual 10
Schedule A
ABCLS Personal Information Inventory
The following is a summary of personal information under the custody or control of the Association of BC
Land Surveyors, some of which is contained in Personal Information Banks. These records contain information about current and former ABCLS members, Board members,
committee members, employees, contractors, complainants, and other persons who enquire into the
conduct of land surveyors. 1.

Operational Records
Includes files stored in Microsoft SharePoint, data records for the ABCLS Web Application in Microsoft
Azure, and recorded professional assessment interviews in Zoom. Operational records are shared as
required with the ABCLS Board and operational committees via Sync.com. All cloud storage is in
Canada. Operational records include:
a) Individual Member and Candidate Files
• name
• date of birth
• personal (i.e.

non-business) addresses, telephone numbers, and e-mail addresses
• academic qualifications
• employment history
• disciplinary history
• status change requests
• letters of good standing
• examination results
• articling records
• insurance declarations
• continuing professional development compliance records
• Practice Advisory Panel correspondence
• areas of practice
• quality control checklists for plans filed in the Land Title Office and Crown Land Registry
• applications and resulting ABCLS decisions for exemptions from portions of the Survey
and Plan Rules for a particular survey
b) Land surveying company and partnership files, including permit and annual renewal
applications, and the names and contact information for the owners of land surveying
companies and partnerships. c) Board of Management records, including meeting materials, minutes, and relevant
operational records.

ABCLS Board Policy Manual 11
d) Board of Examiners records, including written exams and project reports submitted by
candidates, as well as recorded professional assessment interviews. e) Complaints Files, including personal information relevant for reviewing or investigating a
complaint against a member. f) Nominating Committee records including nominee statement forms, skills matrices, and
board diversity information such as age, ethnicity, etc. g) Audit and practice review files including records verifying participation in continuing
professional development activities, records of interviews with members, client file
information relevant to assessing member competence, and reports on the results of audits
and practice reviews of members. 2.

Administrative Records
Administrative records stored in Microsoft SharePoint and paper files in staff offices, include:
a) Systems and security records, including authentication, access, and user login information. These records contain personal information such as name and login identifier. b) Finance records, including employee pay/benefit and payment information. These records
contain personal information such as name, date of birth, social insurance number, address,
telephone number, e-mail, unique identification numbers, earnings, benefit entitlements, tax,
account, password, banking, and payment information. Most payments to staff, contractors,
Board, and committee members are processed through Sage Cloud Accounting Software and
TD Business Banking. c) Human Resources records, including employee contract, benefit, performance information. The ABCLS may also collect personal information from staff, Board and committee members, and the
public in our email correspondence.

The ABCLS creates archival and backup copies of data stores in Microsoft SharePoint and staff email
accounts using backup services provided by Canadian Cloud Backup Inc.
ABCLS Board Policy Manual 12
Schedule B
ABCLS Privacy Breach Response Protocol
A privacy breach is the unauthorized access to personal information or the unauthorized collection, use,
disclosure, or disposal of personal information. The ABCLS is a public body listed under Schedule 3 of FIPPA. Under

Section 30 of FIPPA, the ABCLS is
required to protect the personal information in its custody or under its control by making reasonable
security arrangements. Accountable privacy management includes programs controls, like a privacy breach management
response protocol, to ensure that FIPPA’s requirements for personal information protection are met. The
Privacy Officers are responsible for coordination, investigation, and resolution of breaches under this
protocol. 1. Report and contain - Staff, contractors, Board and committee members are required to report all
breaches or suspected breaches to a Privacy Officer. The Privacy Officer will take immediate steps
to contain the breach, including seeking assistance from the ABCLS’ Information Technology
contractor.

Example containment steps include:
• Stop the unauthorized practice
• Recover records
• Shut down the system that was breached
• Revoke and/or change account credentials
• Address physical security weakness
2. Document the breach – The Privacy Officer will document the breach in writing and the steps of
the breach management protocol as they occur, including:
• Number of affected individuals
• Type of personal information involved
• Cause and extent of breach
• Containment efforts
• Risk evaluation (see below)
• Notification (see below)
• Prevention strategies and security safeguards (see below)
3. Risk evaluation – A Privacy Officer will conduct a risk evaluation to determine whether affected
individuals should be notified.

This includes:
• Considering the personal information involved
• The number of affected individuals
• The cause and extent of the breach
• The foreseeable harm from the breach
If the Privacy Officer determines that the breach could reasonably be expected to cause significant
harm to affected individuals, those individuals will be notified. ABCLS Board Policy Manual 13
4. Notification - If the risk evaluation suggests affected individuals should be notified, a Privacy
Officer will do so as soon as possible after discovering the breach. The Privacy Officer will notify
the individuals directly by phone, postal mail, or email unless contact information is unavailable.

Notification will include:
• Date of the breach
• Description of the breach
• Description of the personal information involved
• Risks to the individual
• Steps taken to control or reduce the harm
• Future steps planned to prevent further privacy breaches
• Steps the individual can take to control or reduce the harm
• Contact information for the ABCLS Privacy Officers
5. Security Safeguards and prevention strategies – The Privacy Officers will determine whether any
improvements to security safeguards or additional preventative measures are needed because of
the breach.

For example:
• Audit of physical or technical security
• Root cause analysis
• Revisiting or developing internal policies
• Training
ABCLS Board Policy Manual 14
Schedule C
ABCLS Privacy Management Audit Plan
The Privacy Officers for the Association of BC Land Surveyors will monitor, audit, and revise the program
controls where necessary. Every three years, the Privacy Officers will conduct an audit that includes the
following:
1. Update the Personal Information Inventory in Schedule A of this policy to keep it current and
identify any new information, uses, and disclosures. 2. Review and update policies, as needed, in response to any complaint, new guidance, or industry
best-practice.

3. Review and update privacy impact assessments as living documents so that privacy and security
risks of changes or new initiatives with the ABCLS are always identified and addressed. 4. Review and update training as the result of assessments or changes in program controls. 5. Review and update the Privacy Breach Response Protocol in Schedule B of this policy to
implement best practices or recommendations and lessons learned from any incidents. 6. Review and update requirements in contracts with service providers, ensuring all relevant
statutory and regulatory requirements. 7. Review and update external communications about ABCLS privacy policies. 8.

Prepare a report, identifying:
• The scope of the audit
• Any threats or risks
• Recommendations for program controls to address new risks
• New programs or services that involve increased collection, use, or disclosure of personal
information
ABCLS Board Policy Manual 15
3.3 Code of Conduct 2012-09-06
Page: 1 of 1
Policy
The Association is in a position of public trust and expects a high standard of ethical and professional
conduct from the Board, members, and employees. Board members will be clear on their role and responsibility and act accordingly. Unless authorized otherwise in writing, the spokesperson of the Board is the President of the Association.

The Association requires the support of Board members, committee members, paid employees, and
volunteers in the governance, management, and administration of the Association's affairs. Consequently, the Board will promote a supportive working environment that serves to maximize the
contribution of Board members, employees, and volunteers. The Association supports the sensible, appropriate, and responsible use of alcohol. Procedures
• See Procedures under 3.5 Conflict Resolution. • Official functions of the Association will comply with provincial liquor laws and associated hotel
operating policies.

ABCLS Board Policy Manual 16
3.4 Conflict of Interest 2012-09-06
2022-11-03
Page: 1 of 1
Policy
Board members, committee members, employees, and contractors must avoid any conflict of interest
with respect to their legal and fiduciary responsibilities. The governance of the Association is open and transparent. The interests of individuals empowered to
make decisions on behalf of the Association will not conflict with the interests of the Association. The Board has a responsibility for the compliance with the Act under which it was created as well as an
obligation to the public, the interests of the members and other stakeholders. This accountability
supersedes any responsibility to employees.

There must be no self-dealing or any conduct of private business or personal services between any Board
member, committee member, employee, or contractor and the organization except as procedurally
controlled to assure openness, competitive opportunity, and equal access to "inside" information. As well,
Board members, committee members, employees, and contractors must not use their positions to obtain
for themselves, family members or close associates’ employment within the organization. Individuals who are found to be in conflict of interest and who have not disclosed their position and
resolved the issue may be removed from their position or, in the case of Association employees, subject
to discipline.

• Any individual who recognizes that they may be in an actual, potential, or perceived, conflict of
interest must immediately disclose the conflict of interest to the Board or committee, as applicable,
and abstain from the decision-making process. The abstention should be recorded in the records of
the proceedings. • A potential or perceived conflict of interest may be referred to the Board or committee for
determination. • Where a matter cannot be decided due to a conflict of interest it will be referred to the Board or
committee, as applicable. • If a Board member or committee member is considered for employment, they will temporarily
withdraw from Board deliberation, voting and access to applicable Board information.

ABCLS Board Policy Manual 17
3.5 Conflict Resolution 2012-09-06
2019-05-09
Page: 1 of 1
Policy
The Association values open and transparent governance and respectful and harmonious working
relationships among Members and employees and will respond immediately to any complaints, concerns
and conflicts related to conflict of interest, inappropriate, unethical, or unprofessional behavior that may
arise. Any person with a concern about a member should consider resolving it through open and honest
discussion with the Member. However, if the concern cannot be resolved, or if direct communication is
not an option and/or the concern is serious, any person may deliver a written complaint against a
Member to the Secretary.

• The Secretary will assist complainants through the Association’s complaints process. • Complaints must be made in writing and signed by the complainant. • Complaints should include the following information:
 The complainant’s full name and complete contact information (address, phone number and
email address)
 The name of the Member involved
 A detailed description of the facts leading to the complaint
 A description of attempts made, if any, to resolve the problem
 Copies of any relevant documents
 The desired outcome
• The Secretary will respond in writing to the complainant within ten (10) working days, advising that
the complaint has been received and outlining the complaints process. • Members who have a complaint regarding administrative matters will contact the Chief
Administrative Officer.

If the complaint is not resolved by the Chief Administrative Officer, the matter
may be referred to the Board. • Complaints about the Chief Administrative Officer will be referred to the Board. • All complaints will be handled in confidence and records of the issue maintained in a secure file, and
as required under the Freedom of Information and Protection of Privacy Act. ABCLS Board Policy Manual 18
2016-09-08
3.6 Records Retention Policy 2022-12-08
2023-09-07
Page: 1 of 3
Policy
The Association ensures the confidentiality and appropriate management (retention and destruction) of
documents and official records related to and generated in the course of the Association’s operations.

This Policy applies to:
• typed or printed hardcopy (paper) documents
• electronic records and documents (e.g., email, web files, text files, PDF files)
• video, digital images or graphic representations, recorded audio material (e.g., voicemail)
• electronically stored information contained on cloud-based storage/sharing systems
The Association respects the privacy of its members and employees, and members of the public it
interacts with, and fully complies with the requirements of all applicable federal and provincial legislation
including, but not limited to:
• BC Freedom of Information and Protection of Privacy Act
• BC Employment Standards Act
• Canada Revenue Agency General Requirements
• The Chief Administrative Officer is accountable for ensuring applicable administrative and
organizational records are maintained as required by this policy.

• The Secretary is accountable for ensuring all member and candidate records are maintained as
required by this policy. • A Records Retention Schedule (RRS) specifies retention periods for all official documents. • Official records are organized, stored chronologically, and clearly labelled to ensure easy
identification of records due for destruction. • Records containing confidential information should be labelled and stored in a manner to limit
access to individuals with authorization to view records. • The Association does not use or disclose personal information for any purposes other than those
for which it was collected, except as required by law, or with consent. • Hardcopy records may be stored on-site or off-site under lock, and electronic records are
maintained in secure cloud-based storage.

• Records are destroyed after being retained for the applicable period set out in the RRS. All paper
documents destroyed pursuant to this Policy should be cut by mechanical shredder. Electronic
data contained in cloud-based storage should be deleted. Electronic data contained on all other
media should be destroyed by the physical destruction of that media. ABCLS Board Policy Manual 19
Suspension of Record Disposal in Event of Litigation or Claims
If any employee receives notification of a governmental investigation or audit, or the commencement of
any litigation against or concerning the Association, any further destruction of documents shall be
suspended until such time as is determined otherwise with the advice of the Association’s legal counsel.

Any emails may be subject to disclosure in the course of a government investigation or litigation involving
the Association. Confidentiality and Ownership
All records are property of the Association and should be treated by all as the Association’s assets. Records must be safeguarded and may be disclosed to external parties only upon proper authorization. Any court order or other request for documents received by employees must be directed to the CAO
and/or Secretary prior to release of records. Any records in possession of an employee must be returned
upon termination of employment. Records Retention Schedule:
Record Type Responsibility Retention Period
A.

Member and Candidate
Records
Member and candidate files Secretary Permanent
Land surveying company and Secretary Permanent
partnership files
Audit and practice review files Director of Practice Until the land surveyor transfers to the
nonpractising retired roster
Complaints files Secretary Permanent
Professional assessment interview Secretary 3 years
recordings
B.

Financial Records Six years from end of last tax year to
which they relate (CRA)
Annual financial statements/ audit Treasurer Permanent
reports
General ledgers of accounts CAO 7 years
Annual budgets and approved CAO 7 years
revisions
Bank reconciliations CAO 7 years
Bank statements, related cancelled CAO 7 years
checks, bank credits, debits
Books of original entries, such as CAO 7 years
cash receipts/ accounts receivable,
Cash disbursements/accounts
payable, sales, purchases
Vendor invoices and supporting CAO 7 years
documentation
All general accounting and finance CAO 7 years
records
Tax records CAO 7 years
ABCLS Board Policy Manual 20
Registration documents containing CAO 2 years
financial information (e.g., CPD,
AGM registration)
C. Organizational Records
Board and committee records Secretary Permanent
(meeting materials, minutes,
resolutions)
Bylaws and amendments Secretary Permanent
Policy and procedures manuals Secretary Permanent
General Survey Instruction Rules Director of Practice Permanent
(GSIR) and Survey and Plan Rules
(SPR) since 2004
Research and publications CAO 7 years
Original Purchase/ sale/ lease CAO 7 years
agreements (and related transaction
materials)
Contracts and related CAO 7 years after expiration or termination
correspondence (including any
proposal that resulted in a contact
and supporting documentation)
Unauthorized practice Secretary Permanent
Litigation files Secretary 7 years after close of matter
Insurance policies, certificates, CAO 7 years
claims files
D. Personnel Records
Payroll records CAO 2 years following termination
Individual HR files CAO 2 years following termination
Records for non-hired applicants CAO 6 months
Unemployment insurance records CAO 7 years
Employee benefit plans CAO Until plan is amended or terminated
Group insurance plans- active CAO Until plan is amended or terminated
employees
Workers compensation records CAO 7 years
ABCLS Board Policy Manual 21
General Policies 2017-07-13
3.7 Canada’s Anti-Spam Legislation
Page: 1 of 2
Policy
The Association respects the goals of Canada’s Anti-Spam Legislation (CASL) and acts in accordance with
CASL in the:
• Distribution of required member information; and
• Occasional circulation of industry appropriate commercial electronic messages (or CEMs).

Commercial electronic message (CEM): An electronic message that it would be reasonable to conclude
has its purpose, or one of its purposes, to encourage participation in commercial activity, including an
electronic message that:
(a) offers to purchase or sell a product, good, or service;
(b) offers to provide a business opportunity;
(c) advertises or promotes anything referred to in paragraph (a) or (b); or
(d) promotes a person, including the public image of a person, as being a person who does anything
referred to in any of paragraphs (a) to (c), or who intends to do so.

Electronic address: An address used in connection with the transmission of an electronic message to:
(a) an electronic mail account;
(b) an instant messaging account;
(c) a telephone account; or
(d) any similar account. Commercial activity: Any particular transaction, act, or conduct, or any regular course of conduct, that is
of a commercial character, whether or not the person or organization that carries it out does so in the
expectation of profit. Implied consent: means it is reasonable to conclude you have someone's permission to send them a CEM
based on prior relationships (membership). Express consent: means that someone actively gave you permission to send them a CEM, either orally or
in writing (membership). Existing relationships: exist only where the recipient:
1.

Made a donation, gift, or volunteered for a registered charity or political party who sends the
message; or
2. Is a member in a club, association, or voluntary organization that sends the message and is
operated for social public welfare. ABCLS Board Policy Manual 22
• As a member of the ABCLS, the individual has given implied consent to receive the required
member information unless the individual unsubscribes (changes member status). • Consent to send CEMs must be gained prior to sending them unless there is a pre-existing
relationship with the recipient, in which case, consent is implied. • Employees of the ABCLS will be trained to follow CASL.

• The ABCLS does not use or disclose personal information for any purposes other than those for
which it was collected, except as required by law, or with consent. Example – Public listing of
membership. • As a member of the ABCLS, the individual has given implied consent for their contact information
to be shared on the Association’s website unless the individual opts-out (changes member status). • A comprehensive inventory of all current contact lists will be kept and updated at least every six
months. • Unsubscribe mechanisms are in place to meet requests of changing membership status. • The required member information messages must follow the standardized template. Each
template should include the mandatory identity and contact information, along with a compliant
unsubscribe mechanism.

• Due diligence is practiced while constantly monitoring the Association’s compliance. CASL Information
• CASL Act: http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html
• Government Website: http://fightspam.gc.ca/eic/site/030.nsf/eng/home
ABCLS Board Policy Manual 23
General Policies 2019-07-11
3.8 Notification of Career and Project Opportunities 2023-06-01
Page: 1 of 2
Policy
Employment Opportunities
• Career opportunities for land surveyors, land surveyor associates, land surveyors in training, and
technical staff working under the supervision of practising land surveyors may be posted on the
Association website. • The Association career listings page is a service provided by the Association to companies that are
authorized to practice land surveying and to public bodies advertising careers for Members.

• The Association does not accept career listings that are inconsistent with the Land Surveyors Act, the
Bylaws, or which do not involve the practice of land surveying in British Columbia. • Career opportunities are published on the Association website in a classified format for a period of up
to 45 days. • By resolution, the Board may set a fee payable to the Association for publishing career opportunities. • At the sole discretion of the CAO, the Association may distribute postings by email for senior positions
at the Association or other public bodies to all Members.

Project Opportunities
• Land surveying project opportunities (e.g., requests for proposals) with the federal government,
provincial government, and Land Title and Survey Authority of British Columbia may be posted on the
Association website in a classified format. • Land surveying project opportunities with local governments, other public bodies, and non-public
bodies will be considered for posting at the CAO’s discretion. • Only project opportunities that are consistent with the Land Surveyors Act and Bylaws will be posted. • Project opportunities may be removed from the Association website at the sole discretion of the CAO
without prior notification. • Project opportunities may be distributed to Members at the discretion of the CAO.

ABCLS Board Policy Manual 24
• Applicants will forward career and project opportunities to the Administrative Coordinator
• The CAO will approve or reject requests to post or distribute career opportunities in accordance with
this policy
• The CAO will approve or reject requests to post or distribute project opportunities in accordance with
this policy. ABCLS Board Policy Manual 25
General Policies 2021-11-04
3.9 ABCLS Logo Use
Page: 1 of 2
Policy
The logo of the Association of BC Land Surveyors is a proprietary symbol and an official mark of the
Association. It (and other symbols created by the Association) may only be used by individuals who are
members of the Association in accordance with this policy.

The logo symbolizes professionalism, high standards and a focus on protecting the integrity of the survey
systems in British Columbia. The Association may use the logo in color or black and white with the words
“Association of” in the formats shown below:
Members are encouraged to include the logo to identify that they are members of the Association. The
acceptable version of the logo for member use includes the logo in color or black and white and the words
“Member of the” in the formats shown on the next page. Members can obtain digital images on request to the Association office. The logo may be used on signage,
business letterhead, business cards, brochures, professional advertising, report covers, fax sheets, publicity
leaflets and websites.

ABCLS Board Policy Manual 26
All practising land surveyors, land surveying companies, and partnerships who are in good standing with
the Association are authorized to use the logo without prior written approval. ABCLS Board Policy Manual 27
General Policies 2023-03-07
3.10 Social Media Use
Page: 1 of 2
Purpose
This policy concerns the use of social media by the ABCLS and applies to staff, Board members, committee
members, and contractors of the ABCLS. ABCLS social media accounts are managed and monitored by the CAO. The primary purpose of these
accounts is to inform and educate members and the public about the ABCLS and to provide an online
channel of communication between the ABCLS and its stakeholders.

Activity and presence on social media
supplement the information published on the ABCLS website. Policy
• The Association of BC Land Surveyors has accounts on the following social media platforms:
Twitter (@BCLandSurveyors)
o
YouTube
o
• To maintain consistency in our communications, only the CAO or designate is authorized to post on
behalf of the ABCLS. • Material relating to the ABCLS posted on personal social media accounts should adhere to the
following guidelines:
Treat staff, the Board, committees, ABCLS members, and all others with respect. Remember
o
that everyone can access your posts, including colleagues, clients, government, and the
media. Follow ABCLS bylaws, policies, and the Code of Ethics. o
Identify yourself.

When you discuss ABCLS matters or post about the practice of land
o
surveying, you should identify yourself with your name and, when relevant, your connection
to the ABCLS. If you are not careful, your post may be perceived as being on behalf of the
ABCLS. You should be clear that you are speaking for yourself or your company and not the
ABCLS. Be clear that the views or opinions you express online are your own. Don’t disclose any information that is confidential or proprietary to the ABCLS or any third
o
party that has disclosed information to us. Use good judgement with what you share. Posts can impact reputations or infringe on the
o
rights of others.

Do not post information that you suspect may not be true. If you post about
the ABCLS or the profession, be sure it is accurate. Do not comment on profession-related disciplinary or legal matters
o
If you are unsure about whether to post something, pause and review. If you are still unsure,
o
contact the CAO to discuss. If you feel a response from the ABCLS may be required for something you see on social media,
o
contact the CAO. Feel free to share ABCLS social media content. o
ABCLS Board Policy Manual 28
The ABCLS may ask staff, Board members, committee members, or contractors to remove or edit posts on
social media sites at any time should they violate these guidelines.

ABCLS Board Policy Manual 29
General Policies 2024-01-01
3.11 Training
Page: 1 of 1
Policy
Training refers to educational activities to enhance the knowledge and skills of those charged with
carrying out the ABCLS’s regulatory duties, both individually and collectively. The ABCLS values and
supports the training of staff, the Board, and operational committees to ensure objectivity, impartiality,
and fairness. Procedures
Staff will arrange the training specified in the matrix below. Board and committee members are expected to attend the training opportunities that have been
arranged. Staff are required to attend applicable training opportunities.

Training opportunities in Indigenous Reconciliation and equity, diversity, and inclusion will normally be
through the ABCLS Continuing Professional Development Program offered to all members of the ABCLS.

Applies to: Required training Training frequency
Board of Management Indigenous Reconciliation Once per term
Equity, diversity, and inclusion Once per term
Governance Annual
Administrative decision making Annual
Board of Examiners Indigenous Reconciliation Once per term
Complaint Inquiry Committee* Indigenous Reconciliation Once per term
Administrative decision making Biennial
Practice Advisory Panel Indigenous Reconciliation Once per term
Staff conducting audits or Indigenous Reconciliation triennial
practice reviews** Equity, diversity, and inclusion triennial
Administrative decision making biennial
Staff Indigenous Reconciliation triennial
Equity, diversity, and inclusion triennial
* Includes any investigators retained by the CIC
** Includes any contract auditors or reviewers
ABCLS Board Policy Manual 30
General Policies 2024-09-05
3.12 Unregistered Practice and Misuse of Titles
Page: 1 of 3
Policy
1.

Section 59 of the Land Surveyors Act, has a duty to protect the public interest by
preventing unauthorized individuals, corporations, or partnerships from:
• Engaging in the practice of land surveying
• Misusing reserved designations, initials, or abbreviations that suggest they are practising land
surveyors or affiliated with the ABCLS
The ABCLS recognizes the critical importance of upholding the integrity of the land surveying profession
and safeguarding the public. Unregistered practice of land surveying or misuse of reserved titles by
unauthorized individuals poses risks to the public through misrepresentation of the survey systems, and
may harm the profession's reputation because non-land surveyors:
• May lack the qualifications, education, or experience to competently provide land surveying
services in British Columbia.

• Are not bound by the ABCLS's Code of Ethics (Bylaw 13). • Are not obliged to adhere to Survey and Plan Rules (

Section 75 of the Land Surveyors Act) or
practice guidelines and advisories published by the ABCLS. • Are not subject to audits, practice reviews, investigation, and discipline processes. • Are not required to disclose insurance coverage to the ABCLS (as mandated for land surveyors
under Bylaw 9.1) and may not have professional liability insurance. • Are not subject to mandatory continuing professional development (Bylaw 19). To effectively address these risks, the ABCLS enforces reserved titles and practices based on risk
assessment, ensuring a targeted and proportionate response. 2.

Objectives
The objectives of this policy are to protect the interests of the public, the reputation of the profession,
and the integrity of the survey systems in British Columbia by:
• Identifying and mitigating risks associated with unregistered land surveying practice; and
• Preventing the misuse of restricted titles reserved for members of the ABCLS. ABCLS Board Policy Manual 31
3. Responsibility to Enforce
The ABCLS has the authority and responsibility to enforce compliance with

Section 59 of the Land
Surveyors Act. Upon receipt of a submission regarding unregistered practice or misuse of title, the ABCLS conducts a
preliminary review to assess jurisdiction. Not all technical breaches of the Land Surveyors Act pose an immediate risk to the public. The ABCLS
prioritizes concerns based on risk, addressing the highest risk files first. If a file is opened, the ABCLS investigates using provided evidence and other independent sources. Complainants are encouraged to submit new evidence or relevant information. Enforcement actions may include but are not limited to:
• Providing oral advice or an advisory email/letter for education. • Sending a warning email/letter outlining concerns and required actions for compliance, allowing
the individual to rectify the situation.

• Collaborating with other regulatory bodies when allegations involve registrants of other BC
regulatory bodies. • Issuing a cease-and-desist letter by the Secretary in cases of higher public risk or ineffective initial
interventions. • Requesting an undertaking acknowledging a breach and committing to compliance. • Applying to the Supreme Court for an injunction under

Section 70 of the Land Surveyors Act in
cases of clear violation, significant risk, and failed interventions. This is pursued only with
sufficient evidence and public interest considerations in mind. 4. Reporting and Monitoring
The ABCLS will establish reporting mechanisms for suspected instances of unregistered practice or title
misuse. Members of the public, ABCLS members, and other stakeholders are encouraged to report
concerns to the ABCLS providing relevant information to assist the investigation. Updates on open enforcement files are not necessarily provided to complainants by the ABCLS. Resolved enforcement files, either through court action or a letter of undertaking, will have associated
documents published on the ABCLS website.

If an allegation of unregistered practice or title misuse hasn't
resulted in publication, it's because the allegation was not substantiated or hasn't reached resolution yet. Additionally, the ABCLS will monitor and evaluate the effectiveness of risk mitigation strategies annually,
making necessary adjustments. 5. Risk Assessment
The ABCLS will conduct an annual risk assessment to identify potential threats related to unregistered
land surveying practices and misuse of restricted titles. ABCLS Board Policy Manual 32
Factors considered in the risk assessment may include:
• Trends in unregistered practice within specific geographic areas or sectors. • Complaints or reports received regarding unauthorized individuals offering land surveying
services. • Market demand for land surveying services and the potential for exploitation by unregistered
practitioners.

• Changes in legislation or technological advancements affecting the profession. 6. Risk Mitigation Strategies
Following the risk assessment, the ABCLS will implement appropriate risk mitigation strategies, which may
include:
• Increasing public awareness about the importance of engaging practising land surveyors and
verifying their credentials on the ABCLS website before retaining their services. • Providing educational campaigns targeting provincial and local governments about the potential
consequences of unregistered land surveying practices. • Promoting an understanding of reserved titles and practices among ABCLS members. • Supporting tools for BCLS verification including the use of the BCLS digital seal and certificate,
aiming for public bodies to require its application on all documents and plans involving
boundaries. • Collaborating with other stakeholders, including BC professional regulators, to address
unregistered practice.

• Strengthening enforcement mechanisms. ABCLS Board Policy Manual 33
BOARD MANAGEMENT
Purpose
The Board has a fiduciary responsibility for the leadership, stewardship and management of the
Association.

Section 4 confirms the role of the Board, its members and committees, and how the Board
conducts and manages its mandated duties and business. Scope
The policies and procedures in

Section 4 apply to all members of the Board elected and/or appointed
under its bylaws, any member, employee or volunteer of the Association and consultants contracted by
the Board conducting Board related business on behalf of the Board. ABCLS Board Policy Manual 34
Board Management 2010-01-28
4.1 Governance 2012-09-06
2023-06-01
Page: 1 of 1
Policy
Board Governance Policies describe the principles and practices that the Board will follow in carrying out
its responsibilities. These governance policies supplement the Land Surveyors Act and the Association’s
bylaws. The Board uses a governance model. The Board is responsible for articulating the broad framework of
expectations and in some cases will also identify procedures to be followed.

A major responsibility of the Board is to provide leadership and direction to the Association. Consequently, it will be more focused on vision, values, outcomes, and the future rather than day to day
management/operational matters, which are the responsibility of the Chief Administrative Officer and,
with regard to specific responsibilities, the Secretary. The Board affirms the importance of adopting a
governing style that will enable the committees and employees to execute their duties, as delegated by
the Board. The Association requires the support of Board members, committee members, paid employees, and
contribution of the Board, employees, and volunteers.

ABCLS Board Policy Manual 35
4.2 Policy Development 2012-09-06
Page: 1 of 1
Policy
Association policies are statements that (1) clarify how the Association will be governed and organized,
and (2) direct the future discretionary action of Board members, committees, and employees. A policy is a deliberate plan of action to guide decision making and achieve outcomes. The Board will examine all proposed policies to ensure that they are legal. Nothing in this process will
prevent the Board from changing existing policies. Procedures
Policies may be initiated or amended on an ongoing basis throughout the year.

●
The Chief Administrative Officer or Secretary will draft policies for the approval of the Board and may
●
refer significant policy recommendations to the Bylaw and Policy Committee for review. Policy recommendations arising from the membership, governments, committees, and Board
●
members may be referred to the Bylaw and Policy Committee for review, which may in turn forward
them to the Board for consideration. ABCLS Board Policy Manual 36
2010-07-06
Board Management
4.3 Board Role 2012-09-06
Page: 1 of 1
Policy
The role of the Board is to provide both leadership and oversight of Association activities.

The Board will address issues affecting the profession through continuous development of the
Association's governance policies, practices, strategic direction, and organizational outcomes. In providing leadership, the Board will guide organizational planning and direction with clearly stated
values and principles. In providing oversight, the Board will create policies so that the Association adheres to best practices in
managing financial, human, and other resources. The Board is responsible for its own management, continuity, and renewal. The Board will ensure
effective board meeting practices, appropriate Board Member conduct, ongoing board education and
recruitment and orientation of new Board Members. Procedures
• The Board will work with members, employees, and stakeholders in planning for the future, reviewing
its mission regularly, determining desired outcomes and evaluating organizational results.

• The Board will recruit and hire a Chief Administrative Officer and provide delegation and direction. ABCLS Board Policy Manual 37
4.4 Board Members – Roles and Responsibilities 2012-09-06
Page: 1 of 1
Policy
Board Members are expected to participate actively in the business of the Board and make a positive
contribution to the leadership, oversight, and direction of the Association. Board Members will comply with Association policy in the conduct of their delegated responsibilities. Board Members are expected to be fully informed on organizational matters and to contribute to debates
on issues.

ABCLS Board Policy Manual 38
4.5 Board President – Role and Responsibility 2012-09-06
Page: 1 of 1
Policy
The President is accountable for the integrity of the Board process and represents the Board and
Association as required. The President ensures that the Board operates within its legislative and policy
framework and that all decisions of the Board are made following approved Board process. Procedures
The President will:
ensure that the agenda and meeting content will only be concerned with those matters that fall
●
within the purview of the Board to decide. ensure that the agreed upon rules for conducting the meeting are followed unless an agreement has
●
been reached to use different procedures.

preside over Board meetings with all of the usual power of that position (i.e. ruling, recognizing
●
speakers, and maintaining order). ABCLS Board Policy Manual 39
4.6 Board Committees, Working Groups and 2012-09-06
Resources 2023-06-01
Page: 1 of 1
Policy
The Board will appoint committees, working groups, and resources as needed to conduct Association
functions and will provide them with a Terms of Reference. A Committee has an ongoing body of work throughout the year or at specific times of each year, every
year. The Board, will be responsible for monitoring the progress of each Committee.

A Working Group has a mandate to perform a time-limited piece of work for either the Board or a
Committee. The Board or Committee will develop the scope and mandate of the Working Group, after
which the group will develop options and recommendations for approval by the Board or Committee. The Board or Committee will be responsible for monitoring the progress of the working group. A Resource (which can be one person or a group of people) works with the Board, Committee, Working
Group, or Chief Administrative Officer to complete a particular task. The task is defined, and time
bound. Procedures
Association employees will provide administrative support for the Board, committees, working groups
●
and resources.

Association employees report to the Chief Administrative Officer, who in turn reports
to the Board. The Board may appoint a liaison person to a committee or working group. ●
ABCLS Board Policy Manual 40
2009-11, 2010-07-06, 2012-09-06
4.7 Financial Management 2015-06-02
2016-12-08
2018-02-08 – Procedures Only
2019-06-05
2022-02-03
2023-04-27
Page: 1 of 2
General
Bylaws 6.4 and 6.6 require policies for contingency funds and the designating of fees collected through
the Electronic Checklist Registry. Policy
The Board is committed to the sound governance of the Association's assets and its financial activities by
controlling and reviewing income and expenditure.

The Board will ensure that a financial management system including bookkeeping and financial reporting
functions is implemented and that generally accepted bookkeeping and accounting principles are
followed for all program areas of the Association. Under part 6.1 of the Bylaws, the Board appoints a firm
of qualified accountants to conduct an annual review of the financial records of the Association and to
report their findings to the Board.

Beginning with the 2023 financial statements, that firm will also
conduct an annual audit of the expenses of the Association under an engagement referred to as an
agreed-upon procedures engagement, in which the accountant will review a random sample of 30% of the
annual expense to ensure there has been proper authorization of the expense, that the expense has been
allocated to the correct account and that it was incurred in the normal course of operations for the
Association. The Board will make a clearly limited delegation of authority for the management of the Association's
physical and financial assets, including investments, insurance and facility management and other
responsibilities the Board chooses, to the Chief Administrative Officer.

The Chief Administrative Officer, in
the exercise of this delegated authority, will ensure compliance with Board policies and Association
bylaws. The Board ensures that a contingency fund will be maintained to cover shortfalls in budgeted revenue and
extraordinary expenditures of the Association. The Board shall ensure that the contingency fund should
have a minimum balance equal to one quarter (1/4) of the total ordinary expenses of the Association as
provided in the previous year’s financial statements. Although bylaw 6.4(c) allows for separate
contingency funds, the Board has established a single contingency fund covering all program areas.

The
Board:
• may add additional funds to the contingency fund where the Association records a surplus in any
given year;
• must authorize any expenditure from the contingency fund;
ABCLS Board Policy Manual 41
• shall replenish the contingency fund as required and, in the event of a large expenditure from that
fund, may replenish the contingency fund over a budgeted multi-year program. The Board is committed to the professional competency of all members and the competent preparation
of all survey plans filed in the Crown land registry or the land title register. In 2003, the Association, with
cooperation from the government, developed a checklist system for all legal survey plans called the
Electronic Checklist Registry.

In order to maintain the system and undertake programs in support of
quality assurance, practice advisory, professional development, and protection of the public interest, a
fee is established that will provide funding for those programs. That fee is approved by the membership
at an annual general meeting and assigned to the necessary programs by the Board through the approval
of the annual budget. Procedures
The Chief Administrative Officer will not plan a deficit budget unless authorized to do so by the Board. ●
All extraordinary expenditure requests will be reviewed by the Chief Administrative Officer and
●
presented to the Board. Every request for budget variation will be reviewed by the Chief Administrative Officer and presented
●
to the Board when required.

The Chief Administrative Officer will report projected budget variances, along with recommended
●
corrective actions, to the Board and be governed by the Board's decision regarding the variance. The Chief Administrative Officer will not allow tax payments or other government ordered payments
●
or filings to be overdue or inaccurately filed. Financial signing officers will not commit the organization in any manner to unbudgeted expenditures
●
without prior Board approval.

ABCLS Board Policy Manual 42
Board Management 2014-07-01
4.8 Honorariums and Expenses 2014-06-17
2018-04-26 (housekeeping)
2019-11-07
2024-01-01
Page: 1 of 3
Policy
Honorariums
• For undertaking the following duties, Board members (other than the Surveyor General and
Secretary) shall receive an annual honorarium in the amount specified in part 4.2(b) of the bylaws:
Board meetings
o
The annual general meeting
o
Any extraordinary general meeting and conference
o
Board education or orientation sessions
o
Strategic planning workshops
o
Committee meetings
o
Meetings with the Provincial Government as a representative of the ABCLS
o
Functions of other professional regulatory bodies as a representative of the ABCLS
o
ABCLS town hall meetings (President and Vice President)
o
Preparation for all meetings and events
o
• For attending inquiries and hearings, Board members (other than the Surveyor General and Secretary)
and representatives of the Complaint Inquiry Committee shall receive a daily honorarium or portion
thereof in the amount specified in parts 4.2(c) and (e) of the bylaws.

• For time spent considering appeals of decisions of the Complaint Inquiry Committee, Appeal Officers
designated by the Board under part 21.6(b) of the bylaws shall receive a daily honorarium or portion
thereof in the amount specified in part 4.2(e) of the bylaws. • Public representatives on the Complaint Inquiry Committee shall receive an honorarium equivalent to
6 days effort in the amount specified in part 4.2(e) of the bylaws. • Members of the Board of Examiners (other than the Surveyor General) shall receive an honorarium of
$150 for setting an examination paper, $100 for marking an examination, and $150 for marking a field
project report.

• Honorariums under parts 4.2(c) and (e) of the bylaws for duties not specifically addressed under this
policy shall be approved by the Board. ABCLS Board Policy Manual 43
Expenses
• This policy applies to Board members, ABCLS members, ABCLS staff, and others when incurring
expenses related to travel, meetings, events, or other ABCLS business. • Eligible expenses include accommodation, transportation, meals, and incidentals. • Accommodation and transportation may be arranged through the Administrative Coordinator and
paid with an ABCLS credit card rather than through a reimbursement process. • All claims for reimbursement must be signed by the claimant and approved by the CAO or Secretary. Except for per diem meals and incidentals, all claims must be accompanied by receipts.

• Travelers are expected to obtain the lowest available economy class airfare that reasonably meets
business travel needs. Preferred seating upgrades or more expensive fare classes like premium or
business class will not be reimbursed. Travelers may choose to upgrade at their own expense. Flights
should be booked at least 30 days in advance, when feasible, to avoid more expensive fares. • If there is a charge for checking luggage, the traveler will be reimbursed for a maximum of one (1)
piece of checked luggage. Excess baggage charges (more than one (1) piece, or oversized /
overweight) are only reimbursable if required for conducting business of the ABCLS (e.g., AGM
materials).

• When a traveler uses their own vehicle, they may claim mileage at the rate of $0.61 per kilometer,
plus parking expenses, tolls, and ferries. • Travelers will be reimbursed for taxis and ride-hailing services. Tips for drivers are limited to a
maximum 20% of the total fare. • Travel accommodation will be reimbursed at reasonable, single occupancy or standard business room
rates. • Travelers may claim the incurred amount for a meal where a receipt is obtained. The standard for
meals is a restaurant in a business class hotel or other of equivalent quality. Alcohol will not be
reimbursed. Tips are limited to a maximum 20% of the meal cost.

• Where a receipt has not be obtained, the following per diem rates for meals may be claimed:
Breakfast - $21.00
o
Lunch - $22.00
o
Dinner - $52.00
o
Full Day - $95.00
o
• Travelers may claim an incidental expense allowance on trips with an overnight stay at $18.00 per
day. This allowance is ancillary to meal, transportation, and accommodation expenses. It is intended
to cover miscellaneous expenses such as tips for hotel staff, internet, laundry, dry cleaning, bottled
water, or other personal supplies and services, the costs of which can be attributed to a period of
travel. Receipts are not required to claim the incidental expense allowance.

ABCLS Board Policy Manual 44
• Board members shall be reimbursed expenses for attending the annual general meeting and
conference, including event registration. This applies to outgoing Board members but not to those
elected at that annual general meeting. • The President or their designate shall be reimbursed for expenses incurred attending annual general
meetings of other regulators that are determined to be beneficial to the ABCLS by the Executive
Committee. • ABCLS staff authorized by the CAO shall be reimbursed for expenses incurred attending the annual
general meeting and conference, including event registration fees. • Occasionally it may be necessary to request exceptions to the expense reimbursement provisions in
this policy.

Requests for exceptions to the policy must be in writing and approved by the CAO or
Secretary. Procedures
• The CAO will facilitate payment of annual honorariums under part 4.2(b) of the bylaws in two equal
installments on June 15 and December 15. • The CAO will facilitate payment of the honorarium to public representatives on the Complaint Inquiry
Committee in two equal installments on June 15 and December 15. • The CAO will facilitate payment of daily honorariums under parts 4.2(c) and (e) of the bylaws as
directed by the Secretary following inquiries, hearings, or appeals. • The CAO will facilitate payment of honorariums to members of the Board of Examiners on June 15
and December 15, as directed by the Secretary.

Expenses
• Requests for reimbursement are submitted to the Financial Administrator on an expense claim form
with supporting receipts. • Expense claims should be submitted to the Financial Administrator within 30 days of when the
expenses were incurred. ABCLS Board Policy Manual 45
Board Management 2010-07-06
4.9 Insurance 2012-09-06
Page: 1 of 1
Policy
Notwithstanding

Section 71 of the Land Surveyors Act, the Board will direct the Chief Administrative
Officer to place and maintain policies of insurance coverage on all assets of the Association and to limit all
liability of the Board, Committees of the Association, the Practice Advisory Panel, the Foundation, and
employees while conducting Association business. ABCLS Board Policy Manual 46
4.10 Board Meetings 2012-09-06
2020-01-01
2021-02-04
Page: 1 of 3
Policy
The Board will ensure that its business affairs are conducted efficiently and that processes are open and
transparent.

Board Members are expected to contribute to the governance of the Association by contributing at Board
meetings and participating as required on Board committees, working groups and task forces. The Board may reach decisions by consensus or according to Robert’s Rules of Order Newly Revised, as
updated and amended from time to time. Confidentiality
Board members should not divulge any confidential information unless authorized to do so or required to
do so by law. The proceedings of in-camera and closed (i.e., in-camera, but attended by the appropriate
staff) sessions, including the minutes and other records, shall be kept in confidence by all attendees. Minutes of in-camera and closed sessions may be published in accordance with this policy.

Transparency
Board meetings are open to the public; however, subject matter related to any of the following matters is
to be considered in a closed meeting:
• Personal information about an identifiable individual who holds or is being considered for a position
as an employee, contractor, appointee, or agent of the Association
• Personal information about an identifiable individual who is being considered for an award or honor
• The security or property of the Association
• The acquisition or disposition of land or improvements, if the Board considers that disclosure could
reasonably be expected to harm the interests of the Association
• Law enforcement, if the Board considers that disclosure could reasonably be expected to harm the
conduct of an investigation, discipline matter, unauthorized practice matter, or consideration of the
suitability of a candidate for admission to the Association
• Litigation or potential litigation affecting the Association
• Complaints and accusations against members, other than hearings held by the Board under

section
60, 61, 62 and 63 of the Land Surveyors Act
• Receipt of advice that is subject to solicitor-client privilege, including communications necessary for
that purpose
ABCLS Board Policy Manual 47
• Information that, if disclosed, may harm the business interests of the Association or a third party
• Negotiations and related discussions respecting the proposed provision of a service that are at their
preliminary stages and that, in the view of the Board, could reasonably be expected to harm the
interests of the Association if they were held in public
• A matter that, under another enactment, is such that the public may be excluded from the meeting
• The consideration of whether a Board meeting should be closed
• The consideration of whether the Board should allow other persons to attend at a closed meeting
• The consideration of information received and held in confidence relating to negotiations between
the Association and the provincial government or the federal government or both, or between a
provincial government or the federal government or both and a third party
• A matter that is being investigated under the Ombudsperson Act of which the Association has been
notified by the Ombudsperson
• A matter related to the protection of any person or the public interest which outweighs the principle
that meetings should be open to the public
Guests
• Board meetings will include a guest participation period
• Guest presentations should generally be limited to 5 minutes unless there is convincing reason for
more time to be allotted
• The chair may consider all requests which are relevant to the membership and the public and are
within the Association mandate
• Preference should be given to guests who have opinions on current issues before the Board
• Guests may not address the Board on matters relating to unresolved complaints or discipline
• The Board may decline to answer questions or deliberate on matters in the presence of guests
Agendas:
• The Chair will identify agenda items in consultation with the Secretary and Chief Administrative
Officer who will prepare the agenda for each meeting.

The starting and estimated finishing times will
be included on the agenda. • Agendas and attachments will be available to the Board a minimum of seven (7) days in advance of
meetings. • Except for in-camera or closed sessions, agendas and attachments will be published on the
Association website and remain available. • Board members and the Chief Administrative Officer may provide agenda items. All agenda items
must include supporting documents and be submitted to the Chief Administrative Officer at least
three (3) working days before the Board package is due to be sent out. • Board approval of the agenda will be required at the beginning of each meeting.

Board Meetings:
• The Chair will intervene and terminate any presentation that is not orderly or is defamatory or
abusive in nature. ABCLS Board Policy Manual 48
• Minutes will be taken for all meetings and a draft copy will be distributed to Board members within
one week, to be amended as necessary, and approved at a subsequent closed meeting. • Approved minutes will be published on the Association website and remain available. • Published minutes for in-camera or closed sessions will not reveal the substance of deliberations (i.e.,
what Board members said or how issues were weighed). Subject matter, considerations, and
decisions may be included at the Board’s discretion. Some subject matter may require the decision-
making process and decision to be completely retained in confidence.

A determination of how much
to disclose should be made on a case-by-case basis, keeping in mind the importance of transparency. • Votes may be conducted by e-mail, with a copy of the motion, background information and a clear
deadline to submit votes. If a Board member raises a concern regarding an e-mail decision, the
decision will be carried over to the next appropriate Board meeting for discussion. • All in-person meetings will include an option for Board members and guests to attend remotely by
electronic means. To enhance collaboration, Board members are encouraged to attend in-person
meetings in person, wherever possible. • Meeting rooms are typically secured several months in advance.

To properly manage these
arrangements, guests may only attend in-person meetings if invited by the Chief Administrative
Officer. Preference will be given to guests added to the agenda to address the Board. Guests are
otherwise expected to attend in-person meetings remotely by electronic means. Guests:
• Any guest wishing to address the Board is required to submit a written request to the Chief
Administrative Officer at least forty-eight (48) hours prior to the meeting. • Requests to address the Board will be reviewed by the Chief Administrative Officer. Once a request
has been reviewed and added to the agenda, the owner of the request will be notified.

ABCLS Board Policy Manual 49
4.11 Stakeholder Relations 2012-09-06
Page: 1 of 1
Policy
The Board will act in a manner that emphasizes accountability to the general public and the membership
of the Association. To that end, the Board will operate in a manner that supports the goal of achieving an
informed public and membership. Procedures
• The Board will:
develop communication links with various stakeholder groups to provide opportunities for
o
comment on issues of concern to them. account to the public and its membership for competent, conscientious, and effective
o
accomplishment of its obligations.

• Correspondence addressed to the Board may be placed on a Board meeting agenda in accordance
with Policy 4.10 if it is in the public interest and involves matters that are within the purview of the
Board to decide. • Correspondence related to operational matters will be addressed by staff and will not be placed on a
Board meeting agenda. However, if the correspondence is addressed to the board, a copy of the
correspondence and the response from staff will be made available to all board members. • The Chief Administrative Officer will receive all correspondence addressed to the Board and process
each request in a timely manner.

ABCLS Board Policy Manual 50
4.12 Legal Counsel 2012-09-06
Page: 1 of 1
Policy
The Association of British Columbia Land Surveyors will retain the services of legal counsel to provide
advice and representation on an as-needed basis. Procedures
• Legal counsel will be appointed on an annual basis.

ABCLS Board Policy Manual 51
2017-02-16
4.13 Inquiries
Page: 1 of 1
Policy
In any inquiry, Bylaw 21.7 provides that the Board may give directions, consistent with the Act and the
Bylaws, respecting the conduct of an inquiry, including but not limited to the date, time, and location for
hearings as well as any procedural aspect. The Act provides that 5 members of the Board form a quorum for hearings; therefore, it is not necessary
for the entire Board to attend a hearing. When the entire Board does not attend a hearing, the
participants should include one of the President or Vice President and one of the Surveyor General or Past
President.

If the hearing arises from a complaint made by a member of the public, the participants should
also include the Board member appointed by the Lieutenant Governor in Council. Where a Member admits to a breach of bylaw or unprofessional conduct and a disposition is to be jointly
submitted by the Secretary and the Member prior to a scheduled hearing, the hearing may be convened
without the Member in attendance. If the Board rejects the disposition jointly submitted by the Secretary
and the Member, a new hearing must be convened with the Member in attendance. Hearings will ideally be arranged to coincide with regular meetings of the Board and may be attended in
person or by telephone conference.

Hearings involving subject matter that is complex should be attended
in person. Procedures
• The Secretary is to arrange the date, time, location, and participants for a hearing, and determine
whether the hearing should be attended in person or by telephone conference in accordance with
this policy. In determining the location for a hearing, the Secretary will endeavor to minimize hearing
costs. • In determining an appropriate disposition, the Secretary in consultation with legal counsel, is to
observe any precedent unless there is a strong reason not to do so. ABCLS Board Policy Manual 52
4.14 Special Measures Fund Program
Page: 1 of 3
1. Interpretation.

In this policy:
“claim” means a claim for compensation arising directly out of an allegation of a wrongful act
committed by a person or entity subject to the regulatory authority of the Association of British
Columbia Land Surveyors. “Compensation Panel” means a three-member panel constituted by the Board, comprised of three
British Columbia Land Surveyors, at least one of which must be a member of the Board. “notice” means notice of a claim, in the form required by the Board. “wrongful act” means an act of gross negligence, wanton recklessness, or fraud. Policy
2. Policy. This policy outlines the basis on which a Compensation Panel and the Board will receive,
review, and adjudicate claims. 3. General Application.

The guidelines and principles described in this policy are general, not
exhaustive, and not intended to be applied without first carefully considering the facts and
circumstances of each claim and the objective of the Association outlined in Bylaw 24.2. Procedures
4. Grants. A grant from the Special Measures Fund may be available to claimants in cases where:
(a) there is a wrongful act;
(b) insurance is not available or insufficient to mitigate loss, damage, or repair; and
(c) the Board is satisfied that, absent the grant, public confidence in the cadastre or the
profession of land surveying will be harmed. 5. Discretionary Fund. The Special Measures Fund is voluntarily established by the Association of
British Columbia Land Surveyors.

The Board has absolute discretion to issue, or not issue, a grant
from the Special Measures Fund. The decision of the Board will be final, binding, and not subject to
appeal. ABCLS Board Policy Manual 53
6. A Fund of Last Resort. The Special Measures Fund is a fund of last resort. Before considering a claim
for compensation, the Compensation Panel may ask the claimant to demonstrate that other
reasonable means of recovery have been exhausted. The Compensation Panel and the Board may,
in their discretion, hold a claim in abeyance until external proceedings (regulatory, civil, or criminal)
have concluded. 7. Standing. The Compensation Panel and the Board will consider claims from persons owning an
interest in land damaged by a wrongful act.

Grants will not be paid to any insurer, financial
institution, or lender, or to any claimant acquiring an interest in land after the claim becomes
known or should reasonably have become known, or any claim which may be covered by a contract
of insurance, including title insurance. 8. Exclusions. The Compensation Panel and the Board will only consider claims of a wrongful act
committed by a British Columbia Land Surveyor while engaged in the practice of land surveying in
British Columbia under the authority of the Land Surveyors Act (British Columbia).

Claims involving
a British Columbia Land Surveyor engaging in practice outside British Columbia or engaging in the
practice of surveying in British Columbia as a Canada Lands Surveyor under the Canada Lands
Surveyor Act (Canada) will not be considered. 9. Limitation – Notice should be delivered by the claimant to the Secretary within two years of the
date on which a claim becomes known or should have reasonably been known, and within ten years
after the date of the wrongful act. Consideration will not be given to claims arising before 1 January
2019. 10. Claims. Notices received by the Secretary within the time provided in

section 9 will be delivered to
the Board. The Board, in turn, will appoint a Compensation Panel to review and consider the claim. If the claim involves a British Columbia Land Surveyor still practising land surveying at the time the
claim is made, the Compensation Panel may but will not be obliged to deliver a copy of the claim to
that British Columbia Land Surveyor for response. If the claim is not eligible for a grant from the
Special Measures Fund, the Secretary will deliver a letter of explanation to the claimant. If it
appears to be eligible for compensation, the Compensation Panel will refer the claim to the Board
for adjudication. 11. Adjudication.

When adjudicating a claim, the Board may consider evidence with or without
convening a hearing, and may, in its authority, request submissions from interested parties. 12. Evidence. It is the claimant’s responsibility to prove the claim with evidence. The type and extent
of evidence required will vary from case to case, depending on the nature of the allegations made. The Compensation Panel and the Board may also consider evidence assembled by the Complaint
Inquiry Committee, the Practice Advisory Department, or the Board in the course of other
regulatory proceedings, including plan reviews, practice reviews, complaints, investigations, and
discipline proceedings involving the British Columbia Land Surveyor alleged to have committed the
wrongful act.

The Board may refuse to consider a claim if evidence is not provided in a timely
fashion, or if a claimant is uncooperative. 13. Time. The Board will endeavor to consider and decide claims within 120 days after receipt by the
Compensation Panel of all the information that it requires. In some cases, however, the Board may
wait for the completion of an investigation and the conclusion of formal discipline before deciding
a claim. ABCLS Board Policy Manual 54
14. Grant. In determining the amount of a grant, the Board will consider the value of the work
(including legal proceedings) necessary to correct a wrongful act, and the amount of damages
(other than consequential or indirect damages) incurred by the claimant.

The Board will not
consider any damage suffered after the claim became known to the claimant. The Board will not
issue a grant for losses covered by bond, surety agreement, or insurance contract (including title
insurance), losses suffered by the party or an affiliate of the party committing the wrongful act,
interest, or consequential or incidental losses. The Board will not, except in exceptional
circumstances, authorize payment out of the Special Measures Fund as compensation for the costs
of submitting a claim. Generally, the Board will not issue a grant exceeding $25,000 without the
approval of at least seventy-five (75.0%) percent of all Board members; except in extreme cases,
the Board will not issue individual grants exceeding $100,000. 15. Release.

Before a grant is paid, the claimant must sign a release, waiver, and assignment in a form
to be settled by the Board. If a claim is assigned to the Board, the claimant will surrender a right of
recovery from the party guilty of committing the wrongful act in exchange for the grant. ABCLS Board Policy Manual 55
4.15 Complaints and Discipline Publication
Page: 1 of 2
Policy
Except as noted in

section 65(b) of the Land Surveyors Act, the Association has no statutory obligation to
publish details of complaints and discipline; however, the Association recognizes the need for self-
regulating professions to act in the best interests of the public interest. In keeping with the general trend
towards increased transparency in all disciplinary matters, the Association believes that public disclosure is
necessary and will increase public confidence as well as educate Members and the public about appropriate
conduct for land surveying professionals and the regulatory process. The Association generally does not comment on whether complaints have been received from individual
Members or whether complaints are ongoing.

Part 21.8 of the Bylaws requires us to respect the
confidentiality of those facing complaints and stipulates that no person may disclose any information or
records forming part of the investigation of a complaint or an inquiry except for the purpose of complying
with the objectives of the Act, the Bylaws, or a court order. Where the public interest requires publication
or notification of a complaint to be issued before a hearing, the Association reserves the right to do so in a
manner that, as much as possible, respects the confidentiality of all parties and the right to the respondent
in any complaint to a fair and impartial hearing.

• For a complaint dismissed by the Complaint Inquiry Committee under part 21.4(c) of the Bylaws, the
Association may publish information about the complaint anonymously (i.e., without identifying the
parties) if it will be useful in educating the public about complaints that are not appropriate for the
Association, or if it will be useful in educating the profession about circumstances that give rise to
complaints. • For a complaint dismissed by the Complaint Inquiry Committee under part 21.5 of the Bylaws, the
Association may publish information about the complaint anonymously if the complaint represents a
trend or if it otherwise provides an opportunity to educate the public or the profession. • The Association will publish a summons issued under

section 61 of the Act on the Association’s website
two to four weeks prior to a hearing. • If the Board dismisses the matters the Member or former Member was called on to answer at a hearing,
the Board will publish its decision. • If the Board finds that the Member or former Member has breached a Bylaw of the Association or acted
unprofessionally, the Board will publish its decision. The decision will include the facts and verdict, the
penalty decision, and will include the full name, commission number, and geographic location of the
Member or former Member. A summary of the decision may be appropriate for lengthy decisions.

ABCLS Board Policy Manual 56
• Third party information may be withheld from any publication where the Association determines it is
necessary to protect confidentiality. • Publication will occur on the Association website for at least 10 years and form part of the professional
conduct record of the Member. • Publications under this policy will be distributed to all Members.

ABCLS Board Policy Manual 57
2022-09-08
4.16 Special Measures Fund Investment
Page: 1 of 2
General
Bylaw 24.5 provides that money held in the Special Measures Fund may be held in one or more accounts
insured with savings institutions in British Columbia or, in accordance with an investment policy
established by the Board, invested in any form of property or security in which a prudent investor might
invest, including a security issued by an investment fund as defined in the Securities Act. This investment policy will apply to all investments held in the Special Measures Fund. This policy shall not
apply to the Association’s other funds.

“Portfolio” means the total collection of financial investments held in the Special Measures Fund. Policy
Portfolio Management
The Board will appoint a professional investment manager who will exercise discretionary investment
authority to invest in the Special Measures Fund within the guidelines set out in this policy. Asset Allocation
The Portfolio will seek to provide a combination of modest income and long-term capital growth by
investing in a balance of fixed income investments and equity or equity-type investments. The table below
details the minimum and maximum ranges for each asset class in the Portfolio.

Should exposure to a
particular asset class exceed the maximum or be less than the minimum of its permitted range, the
Portfolio will be rebalanced within a reasonable timeframe to maintain the Portfolio within the permitted
ranges. Asset Class Minimum Target Maximum
Cash & Equivalents 5% 10% 30%
Fixed Income 30% 45% 70%
Equity 30% 45% 70%
ABCLS Board Policy Manual 58
Diversification Standards
To ensure proper diversification and assist in minimizing the overall risk of the Portfolio:
• Investment in any segregated equity holding shall be limited to 10% of the total Portfolio value. • No fewer than 20 equity (or equivalent) positions will be held at any time within the Portfolio. • The Portfolio will remain diversified across multiple industry sectors.

Eligible Securities
The following types of securities may be invested in and may be issued by issuers located anywhere in the
world:
• Cash or money market securities issued by governments or corporations. • Bonds, debentures, notes, high yield bonds or other debt obligations issued by governments,
government agencies or corporations, including mortgage or asset-backed securities. • Publicly traded equity securities, convertible debentures, or preferred shares. • Pooled funds, mutual funds, liquid alternative funds or exchange traded funds (excluding
leveraged or inverse ETFs). • Structured products: principal protected notes (PPNs) or principal at risk notes (PARs). ABCLS Board Policy Manual 59
ASSOCIATION AS EMPLOYER
Purpose:
The Board has a legal responsibility as the employer for all employees hired to work for the Association. Policies in

Section 5 clarify the role of the Board as the representative for the employer and outline the
Board’s expectations, responsibilities, and delegations with respect to Association employees. Scope:
These policies apply to the Board and all individuals hired to work for the Association as employees. ABCLS Board Policy Manual 60
2013-01-18
Association as Employer
5.1 General Policy
Page: 1 of 1
Policy
The Board recognizes its role as an employer and in carrying out this role will strive to create and maintain
a workplace that is safe, respectful, cooperative, inclusive and in compliance with all relevant
employment legislation. The Board adheres to fair and equitable employment standards and practices.

ABCLS Board Policy Manual 61
5.2 Hiring of Chief Administrative Officer 2023-06-01
Page: 1 of 1
Policy
The Board will hire, based on merit, the best qualified person for the job. Qualifications include, but are
not limited to, education, training, experience, personal suitability, eligibility for bonding, and absence of
job-related criminal convictions. The Board will ensure that an up-to-date job description is in place for the position of Chief Administrative
Officer. In most instances, the Board will conduct a competition to select the most qualified candidate but
reserves the right to directly appoint both external and internal candidates as required.

Agree on the process that will be used to recruit, screen, interview, select and engage an
o
individual from among qualified candidates
As a whole, select the candidate to whom an offer of employment will be made
o
Establish a compensation and benefits package for the Chief Administrative Officer
o
Require a majority decision to alter the Chief Administrative Officer’s contractual
o
arrangement
• The Executive Committee will oversee and annual 360-degree performance evaluation of the
Chief Administrative Officer. All members of the Board and permanent employees of the Association will be invited to
o
participate. The Executive Committee will meet with the Chief Administrative Officer for the
o
evaluation and report back to the rest of the Board.

• Following the review at the end of the calendar year, the Board may make adjustments to salary
and benefits as approved. • A decision to end, renew or extend the Chief Administrative Officer’s employment with the
Association will be made by the Board as a whole and not by an individual, committee or working
group acting on behalf of the Board.

ABCLS Board Policy Manual 62
5.3 Appointment of Secretary 2023-06-01
Page: 1 of 1
Policy
The Act requires that the Board appoint from among practicing land surveyors, a Secretary, who holds
office at the pleasure of the Board and must not be dismissed except by the votes of at least 3/5 of the
other members of the Board. The Board will appoint, based on merit, the best qualified person for the job. Qualifications include, but
are not limited to, education, training, experience, personal suitability, eligibility for bonding and absence
of job-related criminal convictions.

In most instances, the Board will conduct a competition to select the most qualified candidate but
reserves the right to directly appoint a candidate as required. The Board will ensure that an up-to-date job description is in place for the position of Secretary. The position will receive remuneration as approved by the Board. Procedures
Agree on the process that will be used to recruit, screen, and interview, select and engage an
o
individual from among qualified candidates. As a whole, select the candidate to whom an offer of appointment will be made. o
Establish a compensation and benefits package for the Secretary. o
Require a majority decision to alter the Secretary’s appointment with the Board.

o
• The Executive Committee will oversee an annual 360-degree performance evaluation of the
Secretary. All members of the board and permanent employees of the Association will be invited to
o
participate. The Executive Committee will meet with the Secretary for the evaluation and report back to the
o
rest of the Board
• Following the review, the Board will make adjustments to salary and benefits as approved. ABCLS Board Policy Manual 63
5.4 Hiring of Director of Practice 2019-07-11
Page: 1 of 1
Policy
The Chief Administrative Officer (CAO) will lead the process of selecting and hiring the Director of Practice
in consultation with the Board.

The Director of Practice will work collaboratively with the CAO in the
hiring of additional staff. Any compensation and benefits must be in compliance with Board policy. Procedures
• The Chief Administrative Officer will conduct an annual review of the Director of Practice’s
performance. • The CAO may make adjustments to the salary and benefits of the Director of Practice. ABCLS Board Policy Manual 64
5.5 Delegation of Authority 2019-09-05
Page: 1 of 1
Policy
The Board delegates authority to the Chief Administrative Officer to operate the organization under its
jurisdiction and within existing legislation according to the governance policies of the Board.

The Chief Administrative Officer has delegated authority for all operational procedure development and
operational decisions, and to act as a spokesperson for the Association. Authority to staff is granted to the Chief Administrative Officer. Thus, all staff authority and accountability
are vested in the Chief Administrative Officer. The Chief Administrative Officer may delegate authority for specified responsibilities as required to meet
operational requirements. Such delegations will be in writing, include defined limitations and provide for
a defined length of time. Procedures
• The Board authorizes the Chief Administrative Officer to establish all further operating procedures to
make relevant and necessary decisions, and to develop and implement activities and actions that will
be considered to be consistent with any reasonable interpretation of the Board policies.

• It is the Board’s prerogative to change the latitude of choices given to the Chief Administrative
Officer, but it is obligated to respect and support Chief Administrative Officer’s decisions and choices
made under delegations that are in place, unless in the Board view, those decisions are in violation of
established Board policies. • Authority over the Chief Administrative Officer is held by the whole Board, not individual Board
members, committees, or working groups. These may request information or assistance from the
Chief Administrative Officer, but the CAO may refuse these if in their judgment the request is
disruptive or requires staff time or funds not allocated for these requests.

ABCLS Board Policy Manual 65
5.6 Hiring of Office Staff
Page: 1 of 1
Policy
The Chief Administrative Officer will hire, based on merit, the best qualified person for the job. Qualifications include, but are not limited to, education, training, experience, personal suitability,
eligibility for bonding, and absence of job-related criminal convictions. In most instances, the Chief Administrative Officer will conduct a competition to select the most qualified
candidate but reserves the right to directly appoint both external and internal candidates as required. The Chief Administrative Officer will be accountable to, and keep the Board apprised of all hires and must
comply with Board policy when determining compensation and benefits payable to the employee.

The Chief Administrative Officer will ensure that an up-to-date job description is in place for all employee
positions. Procedures
• The Board will provide advice and guidance, when requested:
On the process that will be used to recruit, screen, interview, select and engage an
o
individual from among qualified candidates;
On the selection of a candidate to whom an offer of employment will be made; and
o
On a compensation and benefits package for the employee.

o
ABCLS Board Policy Manual 66
5.7 Hiring of Practice Advisory Department Staff 2019-09-05
Page: 1 of 1
Repealed 2023-09-07
ABCLS Board Policy Manual 67
5.8 Contractual Agreements
Page: 1 of 1
Policy
The Board has delegated authority to the Chief Administrative Officer and Secretary to contract
operational services from consultants or contractors. Procedures
The Chief Administrative Officer or Secretary will ensure that all contracts satisfy the following criteria:
• a transparent and fair process is used for awarding all contracts
• all contracts are in writing
• there is an approved budget to obtain the types of service required.

• due diligence is exercised before entering into agreement with any party
• contract provisions are agreed to and signed by the Chief Administrative Officer or Secretary and the
contractor
• the Chief Administrative Officer or Secretary will monitor delivery of service and review all invoices to
ensure the billings are consistent with contract specification and services received
• the Chief Administrative Officer will sign invoices as proof of receipt of services and forward them for
payment
• any changes to contracts must be approved by the Chief Administrative Officer or Secretary
ABCLS Board Policy Manual 68
5.9 Statutory Holidays and Days Off with Pay 2023-06-01
Page: 1 of 1
Policy
The Board is compliant with the Employment Standards Act by providing for days off with pay for all
accepted statutory holidays noted in the table below.

The Board also provides days off with pay for all
additional holidays generally observed by government and government agencies and noted in the table
below.

Statutory Holidays
New Year’s Day January 1 Labour Day 1st Monday in September
National Day for
BC Family Day 3rd Monday in February Truth and September 30
Reconciliation
Good Friday Friday before Easter Sunday Thanksgiving 2nd Monday in October
Victoria Day Monday preceding May 25th Remembrance Day November 11
Canada Day July 1 Christmas Day December 25
BC Day 1st Monday in August
Additional Holidays
Easter Monday Monday after Easter Sunday Boxing Day December 26
ABCLS Board Policy Manual 69
5.10 Leave and Annual Vacation 2022-09-08
Page: 1 of 1
Policy
The Board recognizes the requirements of the Employment Standards Act as they apply to Part 6 of that
act.

The Board also recognizes Part 7 of that act as it applies to annual vacation and has established the
following table for annual leave which is recognized as above the minimum requirements as set out in
that act. The Board may approve a variance to this policy based on contract negotiations for any given position
within the Association. In the first year of employment annual vacation will be pro-rated based on the starting date and the
number of months remaining in the calendar year. All annual vacation entitlement must be used in the calendar year in which it accrues. Employees are
permitted to carry over up to 5 vacation days to the next calendar year but that carryover must be used in
the following calendar year.

Annual Vacation Entitlement
1st to 5th Year of Employment 20 Workdays
6th to 15th Years of Employment 25 Workdays
16th Year of Employment and thereafter 30 Workdays
ABCLS Board Policy Manual 70
5.11 Overtime
Page: 1 of 1
Policy
Overtime worked is currently taken as time off and not paid for. Staff are encouraged to use banked
overtime as soon as practicably possible. Traditionally staff only earn overtime at the annual general
meeting. Executive staff will from time to time extend their working hours to complete a task. This extension of
working hours under normal circumstances does not constitute overtime.

Overtime is banked when an
executive staff person is requested to undertake additional work that requires a considerable amount of
time over and above normal working hours, or in the event of business meetings, or travel on a weekend
or statutory holiday. ABCLS Board Policy Manual 71
5.12 Paid Sick Time, Paid Personal Time, and 2019-07-11
Bereavement Leave 2021-07-08
Page: 1 of 1
Policy
The Board understands that from time to time, employees may need time away from work to grieve
the loss of a family member or loved one, recover from illness or injury or to stop the spread of
germs to co---workers, or attend to needs that are personal in their life.

Association of BC Land Surveyors employees qualify for accumulating paid sick time and paid
personal time at a combined rate of one-half day per month. With the approval of the CAO, employees may take up to two paid personal days each year and may do
so in hourly increments. Employees must give the CAO as much advanced notice as possible when
requesting paid personal days. Where an illness or injury requires accommodation, the Association will make every reasonable effort
to enable the employee to continue to perform the substantive duties and responsibilities of the
position. Accumulated sick and personal time is capped at a combined maximum of 12 days, and not
reimbursable upon termination or on resignation.

An employee who is on unpaid leave of absence for more than ten (10) working days in a month does
not accrue sick leave entitlement during that month. Association of BC Land Surveyors employees also qualify for up to three paid bereavement days at the
discretion of the CAO in the event of the loss of a family member or loved one. Notification of Sick Leave
Every effort should be made to speak personally with the CAO when calling in sick as early as possible
to the start of the workday. The employee should inform of their situation and anticipated date of
return.

Medical Statement
Depending on the circumstances, employees that are absent for three (3) or more consecutive days
may be required to provide a physician’s statement (doctor’s note) at the discretion of the CAO. ABCLS Board Policy Manual 72
2022-01-01
5.13 Benefits
Page: 1 of 1
Policy
The Board believes that a comprehensive package of health/medical insurance in concert with other
employee benefits is a key component of the Association’s compensation strategy and supports
employee and family health and wellbeing. Eligible employees shall be required, as of the qualifying period, to participate in the benefits outlined
below. Employees should be aware that certain premiums can be a taxable benefit.

The Association is
not an insurer as to the following benefits and the exact terms of the coverage must be ascertained
from the provisions of the policies of the insurer. Benefits include:
• Extended Health Coverage
• Dental Coverage
• Long Term Disability
• Life Insurance
• Accidental Death & Dismemberment Insurance
• Critical Illness
• Employee Assistance Program
Employees are also entitled to an annual fitness allowance of up to $500 for programs and activities
that promote the development of cardiovascular endurance, muscular strength, flexibility, and/or
healthy lifestyle habits, including:
• Fees for memberships, activities, classes, and recreational sports
• Fitness and sports equipment
Employees may submit one annual claim for the fitness allowance anytime during the year together
with relevant receipts.

The fitness allowance is a taxable benefit and will be prorated in the first year
based on full months of service for the calendar year and prorated and recovered, if applicable when
employment ends. ABCLS Board Policy Manual 73
Association as Employer 2022-05-01
5.14 Vaccination and Masking
Page: 1 of 2
Policy
Consistent with an ongoing duty to maintain a safe and healthy workplace and having regard to the
potentially negative impact of infection with a variant of severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2), the ABCLS is adopting the following Vaccination and Masking Policy (the “Policy”) to
safeguard ABCLS employees, their families, stakeholders, and visitors.

Designed to comply with all
applicable federal, provincial, and local rules and regulations, and based on guidance from Health Canada,
WorkSafeBC and the Provincial Health Officer, this Policy extends to all persons attending at the ABCLS
offices and facilities. “Vaccinated” means to have received, at least 7 days previously, all doses of a vaccine or a combination
of vaccines, but not including a booster dose, as recommended by
a) the provincial health officer, with respect to vaccines approved for use in Canada by the
department of the federal government responsible for regulating drugs, or
b) the World Health Organization, with respect to vaccines approved by the World Health
Organization but not approved for use in Canada;
Individuals who do not meet these requirements are not Vaccinated.

Consistent with the Provincial Health Officer's guidance, to prevent the infection and spread of the
COVID-19 virus and as an integral measure towards the general public’s health and safety, the ABCLS is, as
of the date of this Policy (the “Effective Date”), implementing the following practices and requirements
applicable to all persons attending at the ABCLS offices and facilities (the “ABCLS Office”):
1. Individuals testing positive for COVID-19, and persons experiencing current health symptoms
(e.g., fever, cough, shortness of breath, irregular temperature, etc.) should refrain from
entering the ABCLS Office. 2.

Individuals who are NOT Vaccinated (or individuals who do not wish to disclose their
vaccination status) must, while at the ABCLS Office, wear a non-medical face mask and other
protective equipment in all indoor spaces and must abide by social distancing requirements
stipulated by the ABCLS, except as otherwise permitted under this Policy. 3. Vaccinated individuals are not required to wear a mask. 4. Where circumstances warrant, and notwithstanding an individual’s vaccination status, the
ABCLS may also require individuals attending at the ABCLS Office to abide by social distancing
requirements or other reasonable health protection measures. ABCLS Board Policy Manual 74
Exemption and Accommodation Requests
The ABCLS recognizes that there may be circumstances in which an employee is unable to receive the
COVID-19 vaccine or wear a mask.

Individuals in need of accommodation should submit a written request
outlining the basis for the request and will be required to provide any information or evidence that the
ABCLS considers reasonably necessary. Accommodation may be granted only where they are required by
law and do not cause the ABCLS undue hardship or pose a direct threat to the health and safety of others. The ABCLS will consider accommodation requests on a case-by-case basis and will engage in further
dialogue with an individual as permitted under law on receipt of any accommodation request. Receipt of
an accommodation request does not automatically excuse an employee from the requirements of this
Policy.

ABCLS Board Policy Manual 75
Association as Employer 2022-11-03
5.15 Equity, Diversity, and Inclusion
Page: 1 of 1
The Association is committed to an inclusive and respectful workplace. This includes treating colleagues
with dignity and fairness, and maintaining a workplace that is free of harassment, discrimination, and
violence. Our workforce will aim to represent all sections of society, and our employees will feel respected
and will be able to give their best. This means welcoming colleagues and members with different
backgrounds and capabilities.

Purpose
The purpose of this policy is to:
• Provide equity, fairness and respect for everyone in our employment, whether temporary, part-
time or full-time;
• To ensure our practices and procedures on how we recruit, retain, and engage with employees
are aligned with the BC Human Rights Code. Our Commitment
The Association commits to:
• Consistently encouraging equity, diversity, and inclusion in the workplace. • Creating a working environment free of bullying, harassment, victimization, and discrimination. • Promoting dignity and respect for all. • Promoting a culture where individual differences and the contributions of all employees are
recognized and valued. • Providing training to all managers about their rights and responsibilities under this EDI policy.

• Addressing complaints of bullying, harassment, victimization and discrimination by employees,
the public, suppliers, visitors, and others. • Regularly reviewing and amending employment practices and procedures to ensure fairness and
alignment with changes in the law. • Annually assessing how the equity, diversity and inclusion practices and the EDI initiatives are
performing, and where change or updates may be required. ABCLS Board Policy Manual 76
5.16 Respectful Workplace Policy
Page: 1 of 2
The Association believes employees have a right to work in a respectful environment and is committed to
upholding the human rights of all employees.

Specifically, the Association will ensure that every employee
has a right to equal treatment under the protected grounds and aspects of employment established by
the British Columbia Human Rights Code. The Association commits to creating a workplace where
employees are free of discrimination, harassment or bullying in any form. Definitions
Bullying: Bullying is usually seen as acts or verbal comments that could psychologically or ‘mentally’ hurt
or isolate a person in the workplace. Sometimes, bullying can involve negative physical contact as well. Bullying usually involves repeated incidents or a pattern of behavior that is intended to intimidate, offend,
degrade, or humiliate a particular person or group of people. It has also been described as the assertion of
power through aggression.

[Definition provided by the Canadian Centre for Occupational Health and Safety]
Harassment: Harassment can be best defined as any act in which a person is abused, threatened,
intimidated, or assaulted in their employment.

Generally speaking, workplace violence or harassment
includes:
• Threatening behaviour – such as shaking fists, destroying property or throwing objects - Verbal or
written threats – any expression of an intent to inflict harm
• Verbal abuse – swearing, insults or condescending language
• Physical attacks – hitting, shoving, pushing, or kicking
Discrimination: Acts or behaviors that exclude individuals for reasons associated with race, color,
ancestry, place of origin, religious beliefs, gender, gender identity, gender expression, age, physical
disability, mental disability, marital status, family status, source of income, and sexual orientation.

Details
The Association will not discriminate against any of its employees under any of the protected grounds
established by the BC Human Rights Code which include: race, color, ancestry, place of origin, religious
beliefs, gender, gender identity, gender expression, age, physical disability, mental disability, marital
status, family status, source of income, and sexual orientation. Furthermore, the Association will ensure equal treatment for its employees, including, but not necessarily
limited to, the following processes:
ABCLS Board Policy Manual 77
• Job applications
• Recruitment
• Training
• Transfers
• Promotions
• Dismissal
• Layoff
The Association will ensure that this right to equal treatment is upheld in the areas of rate of pay,
overtime, hours of work, holidays, benefits, shift work, discipline, and performance evaluations.

Accommodation
Employees who require accommodation according to any of the protected grounds listed are asked to
bring this to the attention of management. The Association will take the steps needed to provide
accommodation up until the point of undue hardship. It is up to the employer and the employee to work
together to find reasonable accommodation. Complaints
Employees who feel they have been discriminated against are encouraged to raise their concern with
their supervisor, another member of the management team, or the President. ABCLS Board Policy Manual 78
Association as Employer 2023-07-13
5.17 Optional Pronoun Policy
Page: 1 of 1
Policy
The Association is committed to fostering a safe and supportive culture for all employees.

To that end, we
support employees who wish to include their personal pronouns in their email signatures and in other
correspondence. Doing so contributes to creating a safe space for all employees to share their pronouns,
ensures that we can communicate together respectfully, and signals to others (members, the public, and
other stakeholders) that the ABCLS is an inclusive organization. This policy is entirely optional. Any employee who does not wish to share their pronouns is not required
to do so. Email signatures could look like this:
First Name Last Name (*pronouns)
Position Title
Association of BC Land Surveyors
301-2400 Bevan Avenue
Sidney, BC V8L 1W1
Ph: 250-655-7222
Fax 250-655-7223
www.abcls.ca
*Pronoun information may be included here. Examples include they/them/theirs, she/her/hers,
he/him/his, and others.

ABCLS Board Policy Manual 79
BOARD AND MEMBER RELATIONS
Purpose:
Policies in this section guide the relationship between the Board and the membership. Scope:
These policies cover the duly elected members of the Board and all members of the Association in good
standing. ABCLS Board Policy Manual 80
Board and Member Relations 2006-06
6.1 Reinstatement to Practising Roster 2015-06-02
2018-12-07
Page: 1 of 2
General
Bylaw 7.2 requires that the Board establish policy such that the Secretary and the Board can confirm that
a member, transferring back to the practising roster, meets the requirements of professional competency
established by Board policy.

Bylaw 15 requires that the Board set an administrative fee in policy for reinstatement to the practising
roster if a member’s right to practice has been revoked under this bylaw, and the member has
subsequently complied with all statutory and bylaw requirements. Policy
The Board is committed to ensuring that all members on the practising roster are professionally
competent and up to date on all land surveying statutes, regulations, survey rules and generally accepted
standards.

Any member, whose name has been on the nonpractising roster for a period of less than two years, must
prove that they are aware of all amendments to statutes and regulations that pertain to land surveying,
survey rule changes and amendments to the Professional Reference Manual that have been implemented
during the period they have not been practising. Any member, whose name has been on the nonpractising roster for a period of two years or more,
consecutive, or not, must prove that they are aware of all amendments to statutes and regulations that
pertain to land surveying, all survey rule changes and all amendments to the Professional Reference
Manual that have been implemented during the period they have not been practising.

They must also
prove competence in ethics and bylaws. Procedures
The Secretary shall:
a. For those members whose name has been on the nonpractising roster for up to two years, receive
and review a reinstatement report prepared by the member showing that they are aware of all
amendments to statutes that pertain to land surveying, survey rule changes and amendments to
the Professional Reference Manual that have been implemented during the period they have not
been practising;
i. If the Secretary is satisfied with the report provided under item a. above, return that member
to the practising roster. ii.

If the Secretary is not satisfied with the report provided under item a. above, advise the
member as to what part of the criteria has not been attained and request further information
or request that the member update their credentials. b.

For those members whose name has been on the nonpractising roster for a period of two years or
more, consecutive or not, receive and review a reinstatement report showing that they are aware
ABCLS Board Policy Manual 81
of all amendments to statutes that pertain to land surveying, survey rule changes and
amendments to the Professional Reference Manual that have been implemented during the
period they have not been practicing and have the member complete a questionnaire on ethics
and bylaws that will be provided to the Board of Examiners for review and assessment. i. If the Secretary is satisfied with the report provided and the response from the Board of
Examiners under item b above, return that member to the practising roster. ii.

If the Secretary is not satisfied with the report provided or the response from the Board of
Examiners under item b above, advise the member as to what part of the criteria has not
been attained and request further information or request that the member update their
credentials. c. If the member appeals the response from the Secretary under items a or b above, the Secretary
will forward all necessary information to the Board at their next meeting and advise the member
of the Board decision. d. If a member’s right to practice has been revoked under Part 15 of the Bylaws, and the member
has subsequently complied with all statutory and bylaw requirements, the administrative fee for
reinstatement to the practising roster is $500.

ABCLS Board Policy Manual 82
6.2 Name Approval 2015-06-02
Page: 1 of 1
General
Bylaw 10 requires that the Board establish policy for the approval of the name and style under which a
member practices land surveying. Policy
All Members must:
a. Apply to the Secretary for name approval for any proprietorship, partnership or land surveying
company which they propose to start, open or do business under;
b. Report annually to the Secretary as to the name of the business that they practice land surveying
under, and the name of any land surveying companies that they are owners or shareholders in.

The Board authorizes the Secretary to:
c. Approve all name applications where the member intends to practice as a proprietor using their
personal name and designation only, e.g., John Smith, BCLS;
d. Other than in the case of a personal name, not allow duplicate names or names so close in nature
as to be perceived as misleading to the public;
e. Other than in the case of a personal name, require the member to provide written proof that the
proposed name is acceptable to the Registrar of Companies in accordance with the Business
Corporations Act;
f. Not approve any name that is self-laudatory, misleading to the public or which fails to maintain
the dignity of the profession
g. Not approve any name including the phrase "land surveying" unless that business is a land
surveying company formed pursuant to the Land Surveyors Act.

h. Consider words such as "Associates" acceptable. i. Maintain a roster of all members in good standing and the name that each land surveyor practices
before the public under. j. Maintain a historical roster of all names practiced under for each member. Procedures
a. Receive a written application from a member requesting a name approval prior to a member
practicing under a name not already approved under bylaw 10;
b. Review the application in accordance with the bylaw and the criteria set out therein and further in
this policy;
c. Respond, in writing, to the applicant within 15 days of receiving the application, as to the
acceptability of the name request.

d. In the event that the member does not accept the explanation of the Secretary where a name was
not approved, the Secretary will receive the appeal letter from the member and place it on the
agenda of the next Board meeting. The Secretary will notify the member of the decision of the Board. ABCLS Board Policy Manual 83
Board and Member Relations 2009-11
6.3 Partnership Approval 2015-06-02
Page: 1 of 1
General
Bylaw 11 provides for members to enter partnerships or joint practices to provide an integrated service to
the public. The following policy provides directions to the membership to ensure compliance with the Act
and bylaws.

Policy
The Board is committed to ensure that all members meet professional standards when practicing through
a partnership or joint practice and are in control of and fully responsible for all legal surveys without any
undue influence from the other partners. Procedures
a. Receive a written application from a member requesting approval for a partnership agreement,
such application to include the applicable fee;
b.

Review the partnership agreement to ensure compliance with the Act and Bylaws;
c. Advise the member as to the acceptance of the partnership agreement;
d. Where the application is incomplete or conflicts with the Act, Bylaws or this policy, the Secretary
will advise the member of the deficiencies and request that those outstanding matters be
addressed;
e. Issue a permit when all requirements have been met. ABCLS Board Policy Manual 84
Board and Member Relations Following Approval of Bylaws
6.4 Articles of Agreement 2015-06-02
2021-11-04
2023-02-02
2024-06-06
Page: 1 of 29
General

Section 7 of the Land Surveyors Act identifies the functions of the Board which include providing for the
term of articles for a Land Surveyor in Training. Bylaw 4.1(a) provides for the establishment of policy for the admission of Land Surveyors in Training to
articles.

Bylaw 8.1 provides that:
• a Land Surveyor in Training is to enter articles with a Practising Land surveyor who has been a
Practising Land Surveyor for a minimum of 3 years
• the Form of articles may be approved or amended by the Board
• the term of articles will not be less than 12 months and not more than 32 months
• a Land Surveyor in Training may transfer articles to or enter into new articles with another
Practising Land Surveyor
Bylaw 8.4(a) provides that the Board may exempt a candidate seeking qualification as a Land Surveyor in
Training from one or more of the requirements stipulated in Bylaws 8.1(a)(iii), 8.1(c) or 8.1(d) (i.e., serving
a term of articles) in accordance with a policy established by the Board.

Delegation
The Board of Management delegates to the Secretary authority to approve the:
• Articling Agreement;
• Extension of Articles Agreement;
• Transfer of Articles Agreement;
• Cancellation of Articles Agreement; and
• Discharge from Articles
and any exemption from serving a term of articles in accordance with the Bylaws and this policy. The Secretary may refer an exemption decision to the Board when required to reach a conclusion.

ABCLS Board Policy Manual 85
“Articling Agreement” means the agreement between the Articling Principal and the Land Surveyor in
Training in the form provided in Schedule A for articles commencing on or after January 1, 2020; or the
form provided in Schedule A of the Schedule of Forms authorized under Bylaw 4.1(b) for articles
commencing before January 1, 2020. “Articling Checklist” means the checklist of Key Competencies, Knowledge Areas, and Professional
Development provided in Schedule F.
“Articling Principal” or “Principal” means a Practising Land Surveyor who has entered into an Articling
Agreement with a Land Surveyor in Training.

“Cancellation of Articles Agreement” means the agreement between the Principal and Land Surveyor in
Training in the form provided in Schedule E.
“Core Syllabus” means the topics identified as such in Schedule G of Board Policy 6.11. “Discharge from Articles” means the confirmation of the Principal in the form provided in Schedule C.
“Extension of Articles Agreement” means the agreement between the Principal and Land Surveyor in
Training in the form provided in Schedule B. “Key Competencies” mean the competencies identified in Schedule G of Board Policy 6.11. “Knowledge Area” means Core Syllabus and Supplementary Knowledge Areas identified in Schedule G of
Board Policy 6.11.

"Referee” means a person holding registration or licensure for a minimum of three (3) years as a
practising land surveyor in good standing or the equivalent of a practising land surveyor in good standing
in a jurisdiction outside British Columbia who has, for a total of at least 6 months, acted as a direct
supervisor of the candidate or has had direct knowledge of the candidate’s land surveying work
experience. “Supplementary Knowledge Areas” means the topics identified as such in Schedule G of Board Policy
6.11.

“Transfer of Articles Agreement” means the agreement between the Previous Principal, New Principal,
and Land Surveyor in Training in the form provided in Schedule D.
Policy
The Board requires that a Land Surveyor in Training complete a term of articles during which the Land
Surveyor in Training will develop required competencies and receive practical training and experience in
the practice of land surveying. 1. The Principal and Land Surveyor in Training will enter into an Articling Agreement that is subject to
approval by the Secretary. ABCLS Board Policy Manual 86
2.

The Secretary will not approve an Articling Agreement if:
a) the Practising Land Surveyor is not actively engaged in land surveying practice;
b) it would result in the Practising Land Surveyor acting as Articling Principal to more than two Land
Surveyors in Training;
c) during a previous Articling Agreement, the Practising Land Surveyor:
i) did not participate in the meeting required under part 4 of this policy; or
ii) did not submit to the Association the completed Articling Checklist in the manner required
under part 8 of this policy;
d) the Practising Land Surveyor is the subject of an open complaint investigation or disciplinary
proceeding; or
e) in the opinion of the Secretary, the Practising Land Surveyor’s professional conduct record is likely
to be an impediment to the successful completion of the articles.

3. The term of articles will be 24 months, except on application by the Articling Principal and Land
Surveyor in Training the Secretary may approve a term of articles that is less than 24 months if:
a) it is the second term or subsequent term of articles for the Land Surveyor in Training; and
b) will result in the Land Surveyor in Training serving at least 24 months of articles. 4. The Principal and Land Surveyor in Training will attend a meeting with the Secretary (or Member &
Student Services Coordinator at the request of the Secretary) within the first 3 months of the term of
articles. The meeting may be conducted in person, by telephone, or by other electronic means at the
discretion of the Secretary.

The purpose of this meeting is to:
a) ensure the Principal and Land Surveyor in Training understand their obligations to each other and
to the Association during the term of articles; and
b) review bylaws, policies and procedures relating to field projects, the Professional Examination,
the Professional Assessment Interview, and professional development. 5. The articles will require that the Land Surveyor in Training:
a) receive practical training and experience in the Core Syllabus Knowledge Areas; and
b) demonstrate the Key Competencies. 6. During the term of articles, the Land Surveyor in Training should receive practical training and
experience in as many of the Supplementary Knowledge Areas as possible.

For this purpose, the Land
Surveyor in Training may work, for no longer than 6 months, at another organization with another
Practising Land Surveyor. 7. The Principal and the Land Surveyor in Training will meet at approximately the half-way point of the
term of articles to discuss progress relative to the Articling Checklist. 8. The Principal and Land Surveyor in Training will meet before the end of the term of articles, or before
any transfer of articles, to complete the Articling Checklist. The Principal will submit the completed
Articling Checklist to the Association within 10 days of the end of the term of articles or any transfer
ABCLS Board Policy Manual 87
of articles.

If articles are being transferred, the Previous Principal will deliver a copy of the completed
Articling Checklist to the New Principal. 9. The Secretary will approve a Discharge from Articles if the articles have been completed and the
Principal has signed the Discharge from Articles. Otherwise, the Land Surveyor in Training will be
required to article again and must enter into a new Articling Agreement that is subject to approval by
the Secretary. 10.

A Land Surveyor in Training may transfer articles to another Practising Land Surveyor where:
a) the Land Surveyor in Training has an opportunity for long-term employment with another
organization that wishes to employ the Land Surveyor in Training for the balance of the term of
articles;
b) the Land Surveyor in Training is seeking wider experience;
c) there is a conflict between the Principal and the Land Surveyor in Training; or
d) other good reason. 11. The Transfer of Articles Agreement must be filed with the Association no later than 7 days after
commencing employment with the new Principal and is subject to approval by the Secretary.

If the
Transfer of Articles Agreement is not filed within the 7-day deadline, the period of time between the
date the Land Surveyor in Training left the employment of the previous Principal and the date the
Transfer of Articles Agreement was filed is not included in the term of articles. 12. The terms of articles may be cancelled at any time by filing the Cancellation of Articles Agreement. 13. The Secretary may cancel the Articling Agreement on application of either the Principal or Land
Surveyor in Training, with notice by the applicant to the other, in circumstances the Secretary
considers reasonable. 14. Any decision of the Secretary under this policy may be appealed to the Board of Management. 15.

Where a Land Surveyor in Training has not been discharged from a term of articles that ended before
January 1, 2020, the Principal will have until February 29, 2020, to submit a completed Articling
Checklist and Discharge from Articles to the Member & Student Services Coordinator. The Land
Surveyor in Training will otherwise be required to enter a new term of articles. 16. The Board may exempt an "internationally trained applicant" as defined in the International
Credentials Recognition Act from serving a term of articles. If an exemption is granted, this constitutes
successful completion of the peer evaluation required in Bylaw 8.3(b)(i). 17.

When considering whether a candidate is to be exempted from serving a term of articles, the Board
shall examine the candidate's application, including information from referees, to establish that:
a) The candidate holds (or within a reasonable period of time before making application to the
Association, held) registration or licensure as the equivalent of a practising land surveyor in good
standing in a jurisdiction outside Canada;
b) The candidate is of good character and fit to practise consistent with the responsibilities and
standards expected of a land surveyor;
ABCLS Board Policy Manual 88
c) The candidate's past work experience included interpreting, establishing, reestablishing, and/or
retracing boundaries between interests in land;
d) The candidate's past work experience included determining and/or certifying the location of
features on the land in relation to a boundary;
e) The candidate performed their duties under a Code of Ethics or similar framework of professional
obligations;
f) The candidate's performance was accountable under a discipline process beyond that of an
employer-employee relationship;
g) Without limitation the Board is satisfied, in their reasonable discretion, that the candidate has a
minimum of two (2) years of experience with and is proficient in all the items under part 17.

1. Articling Agreements will be delivered to the Member & Student Services Coordinator. 2. The Secretary will consider the Articling Agreement for approval. 3. The Member & Student Services Coordinator will schedule the meeting required under part 4 of this
policy to be held within 3 months of entry into articles. 4. The Principal will submit the completed Articling Checklist to the Member & Student Services
Coordinator within 10 days of the end of the term of articles or any transfer of articles. 5. Where appropriate, the Principal will submit the Discharge from Articles to the Member & Student
Services Coordinator within 10 days of the end of the term of articles. 6.

The Secretary will approve the Discharge from Articles or provide the Principal and Land Surveyor in
Training with reasons why the Discharge from Articles cannot be approved. 7. Any Transfer of Articles Agreement or Cancellation of Articles Agreement will be submitted to the
Member & Student Services Coordinator for approval by the Secretary. ABCLS Board Policy Manual 89
Schedule A
Articling Agreement
BETWEEN:
of:
(the “Principal”) (“Organization”)
AND:
For the
period:
(the “Land Surveyor in (MM/DD/YYYY to
Training”) MM/DD/YYYY)
The Principal and the Land Surveyor in Training, in accordance with the Land Surveyors Act and the Bylaws
and Policies of the Association of BC Land Surveyors, agree that during the term of articles, they will abide
by the following:
General
1.

The Principal will act as principal to the Land Surveyor in Training and ensure that the Land Surveyor
in Training is instructed on the practice of land surveying. 2. The Principal and the Land Surveyor in Training will attend a meeting with the Secretary during the
first 3 months of the term of articles to ensure the Principal and Land Surveyor in Training understand
their obligations to each other and to the Association, and to review bylaws, policies and procedures
relating to field projects, the Professional Examination, the Professional Assessment Interview, and
professional development. 3.

The Land Surveyor in Training will:
• diligently and faithfully provide their services as a Land Surveyor in Training to the benefit of
the Organization as reasonably directed by the Principal and other members of the
Organization;
• observe all rules and policies of the Organization;
• strictly safeguard all confidential information;
• observe the Land Surveyors Act and all bylaws, policies, and rules of the Association of BC Land
Surveyors. 4. Subject to approval by the Association of BC Land Surveyors, the Principal and Land Surveyor in
Training may agree to transfer these articles to another Practising Land Surveyor. 5.

This Articling Agreement will automatically terminate upon termination of a Land Surveyor in
Training’s employment with the Principal or if the Principal ceases to be a Practising Land Surveyor. ABCLS Board Policy Manual 90
6. The Secretary may terminate the Articling Agreement on the application of either the Principal or
Land Surveyor in Training, with notice by the applicant to the other, in circumstances the Secretary
considers reasonable. Mentoring
7.

The Principal will mentor the Land Surveyor in Training throughout the term of articles, including
while the Land Surveyor in Training is being supervised by other land surveyors, by:
• maintaining continued contact with the Land Surveyor in Training;
• monitoring the Land Surveyor in Training’s performance;
• meeting with the Land Surveyor in Training from time to time;
• discussing with the Land Surveyor in Training their work and progress; and
• providing the Land Surveyor in Training with advice and direction on their development as a
land surveyor. Competencies and Knowledge Areas
8. The Principal must ensure that the Land Surveyor in Training receives practical training and
experience relating to the Core Syllabus Knowledge Areas in Schedule G of Board Policy 6.11. 9.

The Board of Management strongly recommends to the Principal and the Land Surveyor in Training
that the Land Surveyor in Training obtain practical training and experience in as many of the
Supplementary Knowledge Areas in Schedule G of Board Policy 6.11 as possible. For this purpose, the
Land Surveyor in Training may work for no longer than 6 months at another organization with another
Practising Land Surveyor. 10. Before the end of the term of articles, the Land Surveyor in Training must demonstrate the Key
Competencies described in Schedule G of Board Policy 6.11. Professional Development
11.

The Principal will explain to the Land Surveyor in Training the importance of attending educational
offerings of the Association of BC Land Surveyors and other organizations throughout the term of
articles and throughout a land surveying career in order to develop and maintain competence. Evaluation Requirements
12. Mid-term Review - The Principal and Land Surveyor in Training will meet at approximately the half-
way point of the term of articles to discuss progress relative to the Articling Checklist provided in
Schedule E of Board Policy 6.4. 13.

End of term Report - The Principal and Land Surveyor in Training will meet before the end of the term
of articles to complete and submit to the Association of BC Land Surveyors the Articling Checklist
provided in Schedule E of Board Policy 6.4. The Principal must submit the completed Articling
Checklist to the Association of BC Land Surveyors within 10 days of the end of the term of articles. ABCLS Board Policy Manual 91
Certification
The Principal and the Land Surveyor in Training certify that they have met and discussed the terms of this
Articling Agreement. Date Signature of Land Surveyor in Training
Date Signature of Principal
Approved by the Association of BC Land Surveyors.

Date Secretary
For the Association of BC Land
Surveyors
ABCLS Board Policy Manual 92
Schedule B
Extension of Articles Agreement
BETWEEN:
of:
AND:
(the “Land Surveyor in Training”)
The Land Surveyor in Training and Principal, who executed an Articling Agreement on
have agreed to extend the term of the original Articling Agreement. (Date)
The articles shall be extended until pursuant to Bylaw 8.1 (c). (Date)

Surveyors
ABCLS Board Policy Manual 93
Schedule C
Discharge from Articles
I, of , in
the
(full name of Principal)
Province confirm
of that
(full name of Land Surveyor in Training)
Served faithfully and diligently to
under me from
(MM/DD/YYYY) (MM/DD/YYYY)
1. The Land Surveyor in Training:
a) Complied with all the requirements under the Articling Agreement;
b) Demonstrated the Key Competencies in Schedule G of Board Policy 6.11; and
c) Received practical training and experience in the Core Syllabus Knowledge Areas in Schedule G of
Board Policy 6.11. 2. The completed Articling Checklist has been submitted to the Association of BC Land Surveyors. 3.

The Land Surveyor in Training is in my opinion a fit and proper person to be admitted as a land
surveyor. Date Signature of Principal
Witness to Signature of Principal. Witness name Signature of Witness
Occupation
ABCLS Board Policy Manual 94
Address
Approved by the Association of BC Land Surveyors. Date Secretary
Surveyors
ABCLS Board Policy Manual 95
Schedule D
Transfer of Articles Agreement
BETWEEN:
of:
(the “Previous Principal”) (“Organization”)
AND:
of:
(the “New Principal”) (“Organization”)
AND:
The Land Surveyor in Training and Previous Principal, who executed an Articling Agreement on
now wish to transfer the Land Surveyor in Training’s articles to the New
Principal.

The Land Surveyor in Training, Previous Principal, and New Principal agree as follows:
1. The Previous Principal's responsibility to supervise and instruct the Land Surveyor in Training in the
practice of land surveying is terminated. 2. The Previous Principal will deliver to the New Principal a copy of the completed Articling Checklist
(Schedule E of Board Policy 6.4) submitted to the Association. 3.

The New Principal:
a) accepts the Land Surveyor in Training under articles until the term of articles is completed, or until
this agreement is terminated; and
b) agrees to supervise and instruct the Land Surveyor in Training in the practice of land surveying
and, on the satisfactory completion of the term of articles, to assist the Land Surveyor in Training
in every reasonable way to qualify for admission to the Association of BC Land Surveyors as a land
surveyor. 4.

The Land Surveyor in Training:
a) agrees to article to and be supervised by the New Principal until the term of articles is completed,
or until this agreement is terminated; and
b) agrees to serve the New Principal faithfully and diligently, and to observe strictly all confidences
of the New Principal or of others in the New Principal's Organization. ABCLS Board Policy Manual 96
Date Signature of Land Surveyor in Training
Date Signature of Previous Principal
Date Signature of New Principal

Surveyors
ABCLS Board Policy Manual 97
Schedule E
Cancellation of Articles Agreement
BETWEEN:
of:
AND:
have agreed to the cancellation of the Articling Agreement. (Date)
1. The Principal releases the Land Surveyor in Training from the obligations contained in the Articling
Agreement. 2. The Land Surveyor in Training releases the Principal from the obligations contained in the Articling
Agreement. 3. The articles shall be cancelled and terminated on . (Date)

Surveyors
ABCLS Board Policy Manual 98
Schedule F
Articling Checklist
Instructions:
The Principal and Land Surveyor in Training will meet at approximately the half-way point of the term of
articles to discuss progress relative to the Articling Checklist. A plan should be prepared to address any
deficiencies during the remainder of the term. The Principal and Land Surveyor in Training will meet before the end of the term of articles, or any
transfer of articles, to complete and sign the Articling Checklist. The Principal will submit the completed
Articling Checklist to the Association within 10 days of the end of the term of articles or any transfer of
articles.

Articling Checklist to the New Principal. Key Competencies
The Principal will identify skills and abilities that have been demonstrated by the Land Surveyor in
Training. 1.

Demonstrates impartiality and integrity
☐ Applies the entire ABCLS Code of Ethics, including identifying and avoiding conflicts of interest
☐ Makes professional decisions in the best interests of the public and the cadastre without
preference to their client or another stakeholder
☐ Performs their work with diligence
The candidate may display these skills and abilities by:
• Recognizing situations to which the Code of Ethics applies
• Understanding the due levels of diligence required and how to properly perform land
surveying work and avoid most adverse issues
• Deliberately choosing and demonstrating impartiality, even if it does not advance the
client’s interests
• Maintaining the quality of the cadastre through their work
2.

Researches and analyzes problems
☐ Gathers enough information to understand the nature and extent of boundary problems
☐ Demonstrates a working knowledge of multiple sources of cadastral and spatial information
☐ Conducts analysis of information to make meaningful inferences as to the location of boundaries
• Applying relevant BC acts/regulations/case law and land surveying principles to address or
solve frequently encountered problems or situations
• Working through typical local government, Surveyor General, and LTSA processes to
achieve successful deposit of relevant plans and/or documents
ABCLS Board Policy Manual 99
• Gathering, assessing and weighing enough of both physical and documentary/oral survey
evidence of boundaries to arrive at defensible boundary opinions
• Recognizing the common nuances of survey problems & situations encountered in BC and
tailoring the solution for those
3.

Conducts field surveys effectively and accurately
☐ Understands what information must be collected during a survey
☐ Performs field work efficiently, with enough checks and redundancy to control errors in
measurement
☐ Selects appropriate measurement tools and techniques to ensure compliance with applicable
rules and standards
☐ Anticipates final product (plan) requirements while performing the field survey
• Having a working knowledge of the differences between various survey systems used in
BC and how to assess the survey evidence frequently encountered in each
• Understanding the logistics and practices of both contemporary and historical surveys and
utilizing that in the weighing of evidence
• Recognizing when a BCLS is required to be physically present during a survey and what
technical tasks may be delegated
• Applying accuracy/precision standards to the survey to ensure the survey meets the
quality requirements
• Adhering to quality-control practices that virtually eliminate errors before the field survey
is completed
4.

Adjudicates when presented with contradictory evidence
☐ Applies the hierarchy of evidence, applicable rules and standards, legal principles, and relevant
case law when arriving at boundary decisions
☐ Weighs the evidence and gives preference to the most reliable kinds
☐ Exercises judgment in an unbiased manner
☐ Understands past standards of survey accuracy and how those relate to boundary
reestablishment
• Recognizing problems/situations that may be influenced by specific BC case/statute law
and then correctly applying the legal principle(s) to sort through the evidence
• Weighing survey evidence and arriving at a defensible opinion, even in instances where
some evidence disagrees
• Experiencing original surveys from the point of view of the original surveyor, as a way to
evaluate survey evidence
5.

Written communication in English
☐ Prepares typical business and project correspondence in clear and concise written English
☐ Uses proper spelling and grammar
ABCLS Board Policy Manual 100
• Preparing documents for the benefit of the client and/or approval authorities that show a
working level of English
• Breaking down technical topics, when appropriate for the intended audience, are broken
down into terms that can be understood by a non-BCLS
• Using a professional level of proofreading and clarity in reports and letters
6.

Oral communication in English
☐ Communicates with peers, clients, and the general public clearly in English
☐ Explains technical and professional topics in layperson terms
• Using a level of verbal English that is sufficient for communicating effectively with clients,
the public, and other stakeholders
• Re-wording technical terms into language that laypersons can understand, and ensuring
the ideas are communicated successfully
Note: For candidates with accessibility needs, these skills and capabilities may be demonstrated using
assistive technology and/or an interpreter. 7.

Protects confidential information
☐ Distinguishes between public and confidential information
☐ Maintains confidentiality of privileged or sensitive information
☐ Obtains approval of the client before disclosing confidential information
• Recognizing when and what information must be held in confidence and when it may be
shared with others
• Following standard practices for protecting confidential information and preventing its
disclosure
• Understanding how legislation related to privacy and confidentiality affects the work of a
BCLS
8.

Organizes and maintains data, work processes, and records
☐ Uses systems to keep track of project and survey information
☐ Maintains field survey and work records in accordance with applicable rules and standards
• Working within a system to retrieve, store, and reference information in ways that keeps
it organized into the future
• Understanding what information must be retained and for how long, and the importance
behind doing so
• Recognizing points of failure with their system, and ways to make sure it stays on track
ABCLS Board Policy Manual 101
9.

Manages project resources, requirements, risk, and quality
☐ Ensures land survey projects and deliverables (such as plans) meet applicable rules and standards
while meeting client objectives
☐ Avoids common problems that could negatively impact their projects
☐ Plans appropriately for the complexity of the project
• Understanding the various rules and requirements and how to achieve the requirements
that relate to typical survey products in BC and to achieve those
• Correctly defining the scope of a survey project so that it results in the desired product(s)
for the client
• Recognizing when non land survey requirements may affect a project and planning
appropriately to handle those, e.g. environmental requirements
10.

Performs work safely
☐ Aware of and complies with applicable Occupational Health and Safety Regulations for the work
☐ Ensures they have appropriate training, procedures, and resources to perform work safely
☐ Refuses to perform unsafe work or direct any other person to perform unsafe work
• Acting in accordance with their responsibilities under federal and provincial safety
legislation and applicable safety rules
• Recognizing what safety rules may apply to their work and adjusting the work to fit when
necessary
• Performing their work safely
11.

Approaches problems systematically and methodically
☐ Uses professional-level and consistent work practices
☐ Checks for errors and corrects quality throughout the work
☐ Ask questions to better understand a problem
☐ Prepares plans and other survey products with consistency and quality as hallmarks
• Relying on a structured, consistent approach to survey situation and problems
• Recognizing which parts of a problem or situation require professional-level judgment and
which are technical in nature
• Embracing quality systems as a primary protection against errors and liability
• Understanding how much information is necessary to sort through a problem and
ensuring enough information is gathered to generate correct solutions
12.

Deep understanding of the societal impact of land surveying
☐ Understands the economic impact of sound cadastral systems
☐ Is mindful of the social implications of cadastral systems, including the potential interaction of
these systems with the rights of Indigenous peoples
ABCLS Board Policy Manual 102
☐ Applies a professional standard of care to all land surveying work
☐ Works to reduce liability and uncertainty for all stakeholders
☐ Embraces legal requirements and social expectations of equity, diversity, and inclusion through
their work
• Understanding the purposes of survey products and how they are relied upon, including
what can happen if errors propagate into a product
• Recognizing what a professional must do to when a potential error is discovered in a
product
• Utilizing, with respect, the privilege granted to land surveyors to enter upon lands
• Being aware of the concepts of consultation, consent, Aboriginal and Treaty rights, and
the historical cultural practices that began before colonization and European settlement
of the land
13.

Uses appropriate tools and techniques to perform work
☐ Understands the capabilities and limitations of different survey technologies
☐ Selects effective technologies, for both field and office tasks, for the work requirements
☐ Advises clients on the most suitable ways to perform land surveying work
• Applying an effective mix of people, process, and technology to achieve the project
requirements
• Credibly guiding a client through questions about methodology and/or costs
• Considering the logistics of the work in their selection of the methods for how the work
will be done
14.

Applies professional-level Canadian business practices to their work
☐ Demonstrates skill with procurement processes including bidding, proposals, budgeting and
estimates
☐ Understands the necessity of professional liability insurance and how it functions
☐ Governs their business practices in alignment with applicable employment, safety, human rights,
and contract law
☐ Recognizes anti-competitive, illegal, and/or unprofessional business practices and makes
deliberate effort to avoid these situations
☐ Engages in effective conflict resolution and communication techniques with clients and
stakeholders
• Completing projects in compliance with law applicable to BC
• Identifying situations with potential business practice risks and taking steps to
eliminate/mitigate/transfer these
• Demonstrating trustworthiness in their dealings as a professional
• Handling differences of opinion or communication issues with professionalism
ABCLS Board Policy Manual 103
Core Knowledge Areas
The Principal must ensure the Land Surveyor in Training receives practical training and experience relating
to the following Knowledge Areas.

Check all that have been completed:
☐ Code of Ethics
☐ Survey and Plan Rules
☐ Land Title Act
☐ Land Title Act Regulation
☐ Land Survey Act
☐ Land Surveyors Act
☐ Land Act
☐ Strata Property Act
Bare Land Strata Regulations
☐
Strata Property Regulation
☐
☐ Local Government Act
☐ Community Charter
☐ Transportation Act
Transportation Act Regulation
☐
☐ Land Title Practice Manual
☐ LTSA Website
☐ Professional Reference Manual
☐ Surveyor General Circular Letters
☐ Association Bylaws
☐ ABCLS Board and Practice Advisory Department Notices
☐ Interpretive Bulletins
☐ Crown Lands: A History of Survey Systems
☐ ABCLS Compendium of Case Law
☐ Criminal Code (ss.

442 & 443)
Professional Development
The Board of Management strongly recommends that the Land Surveyor in Training attend the following
educational offerings of the Association of BC Land Surveyors. Check all that have been completed:
☐ Getting it Right BC Fundamentals Workshop
☐ Getting it Right BC Boundary Resolution Workshop
☐ Getting it Right BC Strata Property Act Workshop
ABCLS Board Policy Manual 104
Supplementary Knowledge Areas
The Board of Management strongly recommends to the Principal and the Land Surveyor in Training that
the Land Surveyor in Training obtain practical training and experience in as many of the Supplementary
Knowledge Areas as possible. For this purpose, the Land Surveyor in Training may work, for no longer than
6 months, at another organization with another Practising Land Surveyor.

☐ Agricultural Land Commission Act
Agricultural Land Reserve Use, Subdivision and Procedure Regulation
☐
☐ Forest Act
☐ Mineral Tenure Act
Mineral Tenure Act Regulation
☐
Mineral Title Online Grid Regulation
☐
☐ Petroleum and Natural Gas Act
Petroleum and Natural Gas Grid Regulation
☐
☐ Property Law Act
☐ Energy Resource Activities Act
Energy Resource Activities General Regulation
☐
☐ Park Act
☐ Protected Areas of BC Act
☐ Riparian Areas Regulation
☐ Vancouver Charter
☐ Association Update Email Notices
☐ Cadastral Survey Practice 1851 to 2004, by Don Duffy
☐ ABCLS Board Policy Manual
☐ Searching for Survey Evidence DVD, by Jon Magwood
☐ Historical Link Magazine Articles
☐ Professional Surveyors Canada Loss Prevention and Practice Management Guide
☐ Crown Land Grants: A History of Esquimalt and Nanaimo Railway Land Grants
☐ Precision Surveying: The Principles and Practice by John Ogundare
☐ The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
The Principal and the Land Surveyor in Training certify that the information given on this form is true,
accurate, and complete.

ABCLS Board Policy Manual 105
Surveyors
ABCLS Board Policy Manual 106
Schedule G
CONFIDENTIAL
Reference Questionnaire for an Internationally Trained
Applicant to the Association of BC Land Surveyors
Introduction
The Association of BC Land Surveyors (ABCLS) is the regulatory body responsible for admission of
candidates as professional land surveyors licensed to practice the profession within British Columbia,
Canada.

A BC Land Surveyor is a regulated professional whose duties include but are not limited to:
• Establishing and re-establishing boundaries between rights in land and airspace, such as
expressing the extent of ownership and an opinion as to the location of a boundary
• Measuring and certifying the location of features on the land with respect to boundaries
As part of the admissions process, the ABCLS Board may consider information provided by referees as
part of the evidence it considers as it assesses the competency of an applicant.

This applicant has put forth your name as a referee, so we ask that you carefully read the documents in
this package and provide a copy of this completed questionnaire by email direct to email here within 14
days of receipt. Timely completion of this questionnaire helps the applicant avoid unnecessary delays. Instructions
Please read the package in full before completing the questionnaire. We ask that responses be completed in English and indicate where applicable if you do not know or have
enough knowledge about the candidate’s background to answer the question appropriately. PLEASE TYPE OR PRINT CLEARLY. You may refer to all professional experiences you know of the applicant, no matter which country those
were completed within.

Please provide information on experience of which you have personal knowledge;
please do not provide third-party information on the form. If you require more space than available on
the form, please feel free to include an attachment. Please do not suppress any information that might influence the decision. Should you have any questions about how to complete this form, please contact us at email here. All
statements will be treated as confidential. Thank you for taking part in this important aspect of the
application review process. Professional Relationship & Character
ABCLS Board Policy Manual 107
Applicant Name:
Referee Name:
Referee Address & Daytime Telephone Number:
For how many years have you known the
applicant? Provide dates.

________________________________
ABCLS Board Policy Manual 108
Briefly describe the applicant’s role and
responsibilities for the work experience period
you are referring to in this questionnaire
Competencies
Please refer to the enclosed document, “Competency and Knowledge of BCLS Candidates” and refer to
the set of Key Competencies described within.

Please provide your assessment of the applicant’s level of
competency for each, with the following guidance:
No Evidence – The applicant has displayed little to no evidence of a candidate’s ability to use knowledge,
skills, or abilities to deal with the problem or situation
Emerging - The applicant has demonstrated they have knowledge related to the competency, but have
not yet demonstrated or have not yet skillfully applied that knowledge to solving specific situations and
problems
Competent – The applicant has demonstrated the expected level of knowledge, skill, and ability of a
newer practitioner to the profession
Mastery – The applicant has demonstrated a level of competence associated with a highly-experienced
practitioner
Please mark an X in one column for each competency, based on your knowledge of the applicant’s
abilities:
Competency
ABCLS Board Policy Manual 109
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• Identifies and avoids conflicts of interest
• Makes professional decisions in the best interests of the public
and the land/property systems without preference to their
client or another stakeholder
• Performs their work with diligence
ABCLS Board Policy Manual 110
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• Gathers enough information to understand the nature and
extent of boundary problems
• Demonstrates a working knowledge of multiple sources of
cadastral and spatial information
• Conducts analysis of information to make meaningful
inferences as to the location of boundaries
Conducts or directs field surveys effectively and accurately
• Understands what information must be collected during a
survey
• Performs field work efficiently, with enough checks and
redundancy to control errors in measurement
• Selects appropriate measurement tools and techniques to
ensure compliance with applicable rules and standards
• Anticipates final product (plan) requirements while performing
the field survey
• Applies applicable rules and standards, legal principles, and
relevant case law when assessing evidence and arriving at
boundary decisions
• Weighs the evidence and gives preference to the most reliable
kinds
• Exercises judgment in an unbiased manner
• Understands past standards of survey accuracy and how those
relate to boundary reestablishment
• Prepares typical business and project correspondence in clear
and concise written English
• Uses proper spelling and grammar
ABCLS Board Policy Manual 111
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• Communicates with peers, clients, and the general public
clearly in English
• Explains technical and professional topics in layperson terms
• Distinguishes between public and confidential information
• Maintains confidentiality of privileged or sensitive information
• Obtains approval of the client before disclosing confidential
• Uses systems to keep track of project and survey information
• Maintains field survey and work records in accordance with
applicable rules and standards
• Ensures land survey projects and deliverables (such as plans)
meet applicable rules and standards while meeting client
objectives
• Avoids common problems that could negatively impact their
projects
• Plans appropriately for the complexity of the project
• Aware of and complies with applicable health and safety
regulations for the work
• Ensures they have appropriate training, procedures, and
resources to perform work safely
• Refuses to perform unsafe work or direct any other person to
perform unsafe work
ABCLS Board Policy Manual 112
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• Uses professional-level and consistent work practices
• Checks for errors and corrects quality throughout the work
• Ask questions to better understand a problem
• Prepares plans and other survey products with consistency
and quality as hallmarks
Has an indepth understanding of the societal impact of land surveying
• Understands the economic impact of sound cadastral systems
• Mindful of the social implications of cadastral systems,
including the potential interaction of these systems with the
rights of Indigenous peoples
• Applies a professional standard of care to all land surveying
work
• Works to reduce liability and uncertainty for all stakeholders
• Embraces legal requirements and social expectations of
equity, diversity, and inclusion through their work
• Understands the capabilities and limitations of different survey
technologies
• Selects effective technologies, for both field and office tasks,
for the work requirements
• Advises clients on the most suitable ways to perform land
surveying work
ABCLS Board Policy Manual 113
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Applies professional-level business practices to their work
• Demonstrates skill with procurement processes including
bidding, proposals, budgeting and estimates
• Understands the necessity of professional liability insurance
and how it functions
• Governs their business practices in alignment with applicable
employment, safety, human rights, and contract law
• Recognizes anti-competitive, illegal, and/or unprofessional
business practices and makes deliberate effort to avoid these
situations
• Engages in effective conflict resolution and communication
techniques with clients and stakeholders
Additional Comments
Please use this space to provide any additional information you believe would be helpful in
assessing the applicant’s qualifications:
6.5 Supervision of Land Surveying Operations 2015-09-14
2019-03-19
Page: 1 of 3
General
Bylaw 12 requires that the Board establish a policy clarifying how Practising Land Surveyors supervise land
surveying operations.

Policy
1) For the purpose of this Policy, the survey team is defined as all employees, contractors or others
that may communicate or otherwise have contact with a client or potential client on behalf of a
Practising Land Surveyor. 2) A Practising Land Surveyor shall be responsible for all land surveying related work including any
communications between survey team members and the client or potential client. Commentary
Part 2 of the policy is intended to make clear that the Practising Land Surveyor is responsible for all actions of
the survey team and that the Practising Land Surveyor cannot limit liability. The Practising Land Surveyor is
responsible for the client - land surveyor relationship. 3) The Practising Land Surveyor must maintain a direct relationship with the client.

a) At all times and in all communication with clients and potential clients it must be made clear
who the Practising Land Surveyor responsible for the file is and, in cases where the
communication is not by the Practising Land Surveyor, it must be clear that other members of
the survey team are not land surveyors. Commentary
Part 3) a) of the policy is intended to prevent a non-land surveyor member of the survey team from holding
themselves out as a Practising Land Surveyor.

b) The Practising Land Surveyor is responsible to ensure that other members of the survey team
have the education, training, and experience to communicate with clients and potential
clients such that:
i) It is made clear to the client or potential client who the Practising Land Surveyor
responsible for the file is;
ii) Direct contact information for the Practising Land Surveyor is provided to the client or
potential client and;
ABCLS Board Policy Manual 114
iii) Only the Practising Land Surveyor provides advice and guidance to the client or potential
client on matters relating to the Practice of Land Surveying as defined in the Land Surveyors
Act.

Commentary
Part 3) b) of the policy is intended to ensure that the survey team understands and continues to understand the
responsibilities that have been delegated to them and that the survey team has the skills to carry out those
responsibilities. It is expected that the delegated responsibilities will be commensurate with the education,
training, and experience of the survey team member. A practice review may consider compliance with the intent of the bylaw and this policy. c) A Practising Land Surveyor must limit the total number of survey team members that they
supervise to allow sufficient professional oversight of the survey team.

d) The Practising Land Surveyor must regularly review, and record the review of, the
communications between the survey team and clients or potential clients to ensure that
communications are being completed in accordance with this policy. Commentary
Parts 3) c) and d) of the policy are intended to ensure that the Practising Land Surveyor provides the required
amount of supervision of the survey team and monitors communications with clients or potential clients. 4) The Practising Land Surveyor will ensure that a non-land surveyor manager must not:
a) Lead clients or others to believe that the manager is a Practising Land Surveyor. b) Accept new clients on behalf of a Practising Land Surveyor, without the express consent of the
Practising Land Surveyor.

Parts 4) a) and b) of the policy are intended to remind the Practising Land Surveyor that a non-land surveyor
manager shall not lead clients or others to believe that the manager is a Practising Land Surveyor. For
example, it is never acceptable to use the Practising Land Surveyor’s digital signature, username or password
to sign or deposit any plan or document or to complete the electronic checklist. c) Give or accept any undertaking to clients on behalf of the Practising Land Surveyor. d) Take instructions from a client unless by prior agreement with the Practising Land Surveyor. e) Give land surveying advice.

f) Sign any correspondence unless it is of a routine administrative nature, has been approved by
the Practising Land Surveyor, and it is clear that the non-land surveyor manager is not a
Practising Land Surveyor. Commentary
Parts 4) c), d), e) and f) of the policy are intended to ensure that the Practising Land Surveyor is ultimately
responsible for the client – land surveyor relationship and the management of the survey team; including the
surveys completed under their supervision.

ABCLS Board Policy Manual 115
6.6 Continuing Professional Development 2016-12-08
2018-12-07 (housekeeping)
2022-03-08
2023-07-13
Page: 1 of 4
General
Bylaw 19 provides for a continuing professional development program required for all members. The
bylaw requires reporting of professional development taken by members. The following policy provides
directions to the membership to ensure compliance with bylaw 19. The Bylaw defines the following terms:
“Approved Professional Development” means a course of study, continuing education seminar or
meeting or other activity, that is in accordance with the policy established by the Board in accordance
with Part 19.4.

“Continuing Professional Development Committee” means the Board, or a committee appointed by the
Board and to whom the Board has delegated authority for the purposes of this Part. “Continuing Professional Development Cycle” means, with respect to a member, a three (3) year
period commencing on the date determined by the Continuing Professional Development
Committee, and each three-year period thereafter. “Continuing Professional Development Program” means, in each Continuing Professional Development
Cycle, a minimum of 45 credit hours of Approved Professional Development, or such other minimum
number of hours determined by resolution of the Board in the calendar year immediately preceding
commencement of such Continuing Professional Development Cycle. Policy
1.

Start date and time of first remittance of reporting:
a) The mandatory Continuing Professional Development Program will begin January 1, 2016. The
first Continuing Professional Development Cycle will commence on this date, with the first
annual report of Approved Professional Development activities due December 31, 2016.
b) Any newly commissioned members, or members with a change in member status (i.e., moving
from the non-practising to the practising roster) on or before March 1 shall commence their first
Continuing Professional Development Cycle within the same calendar year, with the first annual
report of Approved Professional Development activities due on December 31 of that year.

c) Any newly commissioned members, or members with a change in member status (i.e., moving
from the non-practising to the practising roster) after March 1 shall commence their first
Continuing Professional Development Cycle in the next calendar year, with the first annual
report of Approved Professional Development activities due on December 31 of that year. ABCLS Board Policy Manual 116
Part 1.a establishes the start date for a mandatory Continuing Professional Development Program and the
first Continuing Professional Development Cycle and reporting period for practising members. Parts 1.b and 1.c establish the start of the Continuing Professional Development Cycle and reporting
periods for members receiving their commissions or changing their practising status during any year. 2.

Approved Professional Development Categories:
The Continuing Professional Development Program will be based on 45 credit hours earned in any of
the following recognized professional development activities over the 3 year Continuing Professional
Development cycle:
a) Courses and Seminars: Courses, seminars, workshops, or other training provided by academic
institutions, the ABCLS, other land surveying or related professional associations or bodies,
vendors, or any other educator, providing the content is related to the member's professional
practice.

Meeting Attendance: Attendance at annual general meetings, or town hall meetings of the
ABCLS, or meetings of other surveying or related professional associations
Presentations and Papers: Presentations and all associated research and preparation for the
presentation, and authored papers and all associated research and preparation for the paper;
1 hour of activity = 1 Continuing Professional Development credit hour
Part 2.a) does not provide a list of acceptable courses, seminars, workshops, or other training. Members are
expected to use their professional and ethical judgement to determine whether professional development
activities are related to the member's professional practice, and therefore will qualify for compliance with
the Bylaw requirements.

b) Participation: Participating on the Board of Management, committees, working groups or task
forces of the Association or other professional associations or regulatory bodies
Other: Other professional activities including research related to the member's professional
practice or participating as a mentor to other members of the Association
2 hours of activity = 1 Continuing Professional Development credit hour. c) Indigenous Reconciliation: Courses, seminars, workshops, or other training that focuses on
Indigenous history, Indigenous engagements and/or reconciliation. I hour of activity = 1 Continuing Professional Development credit hour
A member must obtain at least 22.5 of their 45 credit hours in activities within Approved Professional
Development outlined in activity 2 (a) for each Continuing Professional Development cycle.

A member must obtain at least 3 of their 45 credit hours in activities within Approved Professional
Development outlined in activity 2(c) for each Continuing Professional Development cycle ending on
or after December 21, 2025. ABCLS Board Policy Manual 117
45 credit hours is the minimum required to meet the bylaw requirements. Nothing in the bylaw or this policy
would prevent a member from attending and reporting hours in excess of this requirement; however, excess hours
cannot be carried forward to the next Continuing Professional Development cycle. A member should endeavour to partake in Continuing Professional Development activities that are
related to their particular scope of practice or a scope of practice they wish to expand into. 3.

Circumstances and Criteria for exemption from completing part or all the Continuing Professional
Development Program pursuant to Part 19.2(c). Any practising land surveyor may apply to the ABCLS Board of Management for exemption from
completing part or all the Continuing Professional Development Program for any Continuing
Professional Development Cycle. Such application should be signed and dated, and clearly outline
why the requirements of Bylaw 19.2 cannot be met, when the member expects to complete the
required credit hours for the Continuing Professional Development Cycle, and any other information
deemed necessary.

Those members exempt from the Continuing Professional Development Program are:
• Retired Nonpractising Land Surveyors;
• Nonpractising Land Surveyors;
• Life Members who do not practice for the general public;
• Land Surveyors in Training;
• Land Surveyor Associates; and
• any practising land surveyor who, on written application to the Board is granted an exemption
by the Board. 4. Guidelines for the exercise of any discretion pursuant to Bylaw 19.3(b)
Members are required to comply with Bylaw 19.2. Should a member fail to meet the mandatory
requirements the member will be subject to the provisions of Bylaw 19.3(a). The Board upon application can, pursuant to Bylaw 19.3(b), defer the actions of Bylaw 15 for a time
deemed appropriate under the circumstances.

Examples of factors that the Board may consider are:
• A change in member status to retired or nonpractising;
• A member demonstrating registration in an Approved Professional Development activity from
category 2(a) of this policy to the satisfaction of the Board;
• Health concerns of the member or their immediate family
The Board is not limited to considering only these factors and must adjudicate the specific application
before them. Commentary
Part 4 provides the guidelines for consideration of an application under Bylaw 19.3(b). The policy is intended to
allow the Board to consider any valid reason when adjudicating an application. 5.

Responsibility to monitor and fund the Continuing Professional Development Program
The Board will contribute to the availability of an effective professional development program to assist
members in meeting the requirements of Bylaw 19. ABCLS Board Policy Manual 118
6. CPD Verification
As part of member reviews conducted under Bylaw 17.4, the Practice Advisory Department may verify
participation in approved professional development. Members should keep supporting documents for
courses or activities for at least 3 years, as they may be required during an audit. Common examples
of supporting documentation include course receipts, registration confirmations, meeting minutes,
authored papers, mentoring agreements, course certificates, or anything else that connects the
member with the activity. Procedures
The Board will provide oversight of the mandatory Continuing Professional Development (CPD) Program.

Association staff will work closely with committees to ensure the availability of an effective professional
development program providing opportunities to meet the requirements of Bylaw 19. The Secretary will
be responsible for monitoring the compliance of all members. The Board will adjudicate requests for
exemptions pursuant to Bylaw 19.2(c) and review of Bylaw 19.3(b) deferrals. Association Responsibilities to offer Professional Development Programs
Staff will ensure that:
1. There is a full Professional Development Program offered in the time allotted by the Board at
each and every annual general meeting. The program may contain a mixture of technical, legal,
and soft skill programs allowing members a choice of seminars most applicable to their needs. 2.

The availability and options for Professional Development Programs applicable to land surveying,
offered by others, is monitored and applicable information disseminated to all Members. Staff Responsibilities pertaining to Bylaw 19.3(b)
A member failing to meet the requirements of Bylaw 19.2(a) or Bylaw 19.2(b) and who has not received
an exemption in accordance with Bylaw 19.2(c) will be subject to disciplinary action unless the Board
defers the actions pursuant to Bylaw 19.3(b). Notices per 19.3(c) will be issued to all members at least 30 days in advance of the reporting deadline.

Applications for relief are to be delivered to the Board at least 60 days prior to the reporting deadline,
setting out reasons for non-compliance, plans and timeline for compliance, and any other information
which the BCLS believes is relevant. Following the reporting deadline, any members in non-compliance will be moved to the non-practising
roster having their right to practice revoked pursuant to Bylaw 19.3(a) and will be granted 21-days to
apply for re-instatement to the practising roster. Applications for reinstatement must be addressed to the
Secretary addressing the deficiency and must be accompanied with full payment of the re-instatement
fee. Once the 21-day period has lapsed, the member’s Juricert will be cancelled, and notices of their
membership being revoked will be sent to the Gazette and LTSA.

Reinstatements requested after the 21-
day period require approval from the Board of Management. Reinstatement after the 21- day period will
be at the discretion of the Board. Any member who continues to practice while on the non-practising
roster during the 21-day reinstatement period is in breach of Bylaw 15 and will be referred to the
Complaint Inquiry Committee. ABCLS Board Policy Manual 119
2012-11-02
Board and Member Relations
Amended in 2015 to reflect change in
6.7 Life Member Nominations
Bylaws. Page: 1 of 1
Policy
The Board appoints a review panel each year to determine member eligibility for nomination as a life
member pursuant to bylaw 7.3. The bylaw states two criteria for eligibility.

The first is age and whose
combined age and years on the Practising List total 100 or greater, which is determined by the Secretary. The second criterion requires the review panel to determine which eligible members from that list merit
such honor. There shall be two lists created for eligibility. The first (the ‘Current’ list) shall be:
a. the list of members who become eligible for nomination in the current year; or
b. became eligible in each of the previous two years. The second (the ‘Historical’ list) shall be:
c. those who have been eligible, but not nominated in each of the 3 previous years. All members who become eligible for the Current list shall remain on that list for three years.

If not
nominated and elected in three years their names shall be placed on the Historical list. In 2013 and 2014, members on the Historical list may be nominated when it has been deemed that they
have provided extraordinary service or achievement to the Association and/or the profession. There shall
not be any restriction on the number of members that can be nominated from this list; however, the
review panel may limit the number to no more than three members to ensure that this honor is
recognized as the top honor for members. In 2015, and all subsequent years only one member from the
Historical list shall be eligible for nomination per year if they merit such honor.

• The Secretary provides the review panel with the Current and the Historical list of members eligible
for nomination to life membership based on their age and whose combined age and years on the
Practising List total 100 or greater. • The review panel reviews those members eligible who warrant nomination based on the following
criteria:
Primary Criteria
 Provided leadership to the profession either within the Association or externally across Canada.  Regular attendance at Annual General Meetings.  Service on the Board of Management.  Considerable service on ABCLS committees, working groups or other committee like structures. ABCLS Board Policy Manual 120
 Providing mentoring for articled students and young land surveyors and/or articling land
surveyors in training.

Secondary Criteria
 Preparation and presentation of papers on matters of educational interest, technical innovation,
or suggestions of change to Association policies.  Regular participation at Continuing Professional Development seminars and events.  Regular attendance at Regional Group Meetings.  Previous recognition by the profession through the ABCLS award structure or National awards.  Providing valuable community service not directly related to the profession of land surveying
• The Review Panel will consider years on the practicing roster as a priority component when reviewing
members on the Historical list. • The Review Panel will also consider involvement since retirement for members on the Historical list. • The review panel assesses any nominations from the membership against the above criteria.

• The review panel presents its recommendations for nomination to the Board at the December face to
face meeting. • Upon approval by the Board the review panel, with assistance as necessary, prepares all motions
based on the research undertaken.

ABCLS Board Policy Manual 121
2016-06-09
6.8 Entry to Articles 2018-05-31
2024-09-05
Page: 1 of 3
Policy
Part 8.1(a)(ii) of the bylaws states: provides a British Columbia Institute of Technology bachelor’s degree
in Geomatics along with the transcript of marks showing that the candidate has achieved an overall
average of no less than 70% with no course less than 60% for all courses as required by Board policy;
Each candidate for entry into articles as a Land Surveyor in Training must obtain an overall average of no
less than 70% with no course less than 60% for each of the following courses if the candidate provides a
Bachelor of Technology in Geomatics Degree obtained on or before March 31, 2016:
1.

BLAW 3100 Business Law
2. BUSA 7250 Management Skills & Applications
3. ECON 1150 Economic Issues
4. GEOM 7101 Land Information Systems
5. GEOM 7132 Spatial Database Systems 1
6. GEOM 7307 Advanced Digital Mapping
7. GEOM 7330 Cadastral Surveys and Land Registration Systems
8. GEOM 7350 Land Use Planning
9. GEOM 7362 Geodetic Positioning 1
10. GEOM 8132 Spatial Database Systems 2
11. GEOM 8162 Geodetic Positioning 2
12. GEOM 8310 Hydrographic Surveying
13. GEOM 8332 Survey Law
14. GEOM 8353 Special Topics in Adjustments
15. GEOM 8363 Advanced Topics in Precision Survey
16. GIST 8118 GIS Remote Sensing
17. MATH 1511 Technical Mathematics for Geomatics
18. MATH 2511 Calculus for Geomatics
19. MATH 3511 Matrix Methods for Geomatics
20. MATH 4511 Statistics for Geomatics
21.

SURV 3363 Mathematical Cartography
22. SURV 4480 Introduction to GIS & GEOM
Bachelor of Science in Geomatics Degree obtained between April 1, 2016 and August 31, 2024, inclusive:
1. BLAW 3100 Business Law
4. GEOM 4080 Coordinate Systems & Mathematical Cartography
5. GEOM 5105 Land Information Systems
ABCLS Board Policy Manual 122
6. GEOM 5110 Spatial Database Systems 1
7. GEOM 5115 Land Use Planning
8. GEOM 5120 Geodetic Positioning 1
9.

GEOM 6110 Spatial Database Systems 2
10. GEOM 6120 Geodetic Positioning 2
11. GEOM 7150 Advanced Topics in Precision Survey
12. GEOM 7155 Cadastral Surveys and Land Registration Systems
13. GEOM 8165 Advanced Digital Mapping
14. GEOM 8175 Survey Law
15. GEOM 8185 GIS Remote Sensing
16. GEOM 8195 Hydrographic Surveying
17. GEOM 8353 or GEOM 6140 Special Topics in Adjustments
18. MATH 1511 Technical Mathematics for Geomatics
19. MATH 2511 Calculus for Geomatics
20. MATH 3512 Matrix Methods & Statistics for Geomatics
21.

SURV 4480 Introduction to GIS or GEOM 2040 Geospatial Software Applications
Bachelor of Science in Geomatics Degree obtained on or after September 1, 2024:
2. BUSA 7250 Management Skills and Applications
4. GEOM 5111 Geospatial Data Management
5. GEOM 5115 Land Use Planning
6. GEOM 5140 Introduction to Least Squares
7. GEOM 5155 Cadastral Studies and Land Registration Systems
8. GEOM 5185 RPAS Applications
9. GEOM 6106 GIS Applications
10. GEOM 6121 Physical Geodesy
11.

GEOM 6125 Advanced Adjustments
12. GEOM 6130 Geomatics Project Planning
13. GEOM 6165 Advanced Photogrammetry
14. GEOM 6175 Survey Law
15. GEOM 7111 GeoCloud Analytics and Automation
16. GEOM 7121 Satellite Geodesy
17. GEOM 7130 Geomatics Project 1
18. GEOM 7150 Advanced Topics in Precision Survey
19. GEOM 8130 Geomatics Project 2
20. GEOM 1895 Hydrographic Surveying
21. LIBS 7001 Critical Reading and Writing
22. LIBS 7002 Applied Ethics
• If required, the Department head at BCIT will provide the Secretary with a report on each candidate
advising them as to completion of the requirements of the bylaw and policy as it pertains to each
student.

ABCLS Board Policy Manual 123
• The candidate will provide the Secretary with their transcript and applicable documents proving that
they have achieved the required prerequisites for admission as a Land Surveyor in Training. • The Secretary will review the documentation and advise the candidate of their eligibility. ABCLS Board Policy Manual 124
2019-12-08
6.9 Long Service Awards Repealed 2021-12-09
Page: 1 of 1
Repealed 2021-12-09
ABCLS Board Policy Manual 125
2018-11-15
6.10 Survey and Plan Rule Changes 2021-02-04
Page: 1 of 3
Policy

Section 75 of the Land Surveyors Act provides that the Association may make rules for surveys and plans
which do not have effect until approved by order of the Surveyor General. This policy outlines the process
for making and amending the Survey and Plan Rules.

New rules and rule changes may be required as follows:
• Demand-Based: Request from the LTSA, government, industry, or the professional community
• Strategy-Based: ABCLS initiative based on analyzing trends and directions of the LTSA,
government or industry
• Practice-Based: Tracked practice enquiries, audits, practice reviews, complaints, disciplinary
findings, or public feedback brought to the attention of the Board
• Reaction-Based: As a result of land surveying practice failure affecting the public interest
The Survey and Plan Rules are reviewed on a 5-year cycle to determine whether the content within the
document requires updating. When an issue with a particular rule is brought to the attention of the
ABCLS, the rule will be reviewed within 30 days. Rule changes will normally follow the procedures outlined below.

Housekeeping changes do not require
formal review or general consultation. Housekeeping rule changes are changes that:
• correct formatting, grammatical, gender, or spelling errors
• update website references or contact information
• update Ministry names or government organization
• update references to legislation or the Survey and Plan Rules itself
• delete provisions which have clearly become obsolete
• clarify or adopt existing standards
Anyone can submit a request to the Director of Practice to make or amend the rules. The Director of
Practice may consult with the Board if it is unclear whether the request should proceed. ABCLS Board Policy Manual 126
Once a new rule or rule change is confirmed to proceed, it is developed according to the following
process:
1.

Content development: The Director of Practice may consult with LTSA Operations in preparing
material for review. The material will include the following information:
a unique identifier for the rule or rule change proposal
o
affected rule(s), if applicable
o
proposed wording, and existing wording, if applicable
o
origin of the rule or rule change proposal
o
reasons why the rule or rule change is in the public interest
o
list of parties to participate in formal review
o
2. Formal review: The Surveyor General and the parties identified below will be invited to review the
rule or rule change. Depending on the nature of the rule or rule change, other parties may also be
consulted.

Survey and Plan Rules Review Required
Part 1 - Permanent Survey Monuments, Ancillary
Monumentation, and Boundary Marking
Part 2 - General Survey Requirements GeoBC Branch, Ministry of Land,
Water, and Resource Stewardship
(Rules 2-1 through 2-4 only)
Part 3 - General Plan Requirements Director of Land Titles
Part 4 - Surveys under the Land Title Act Director of Land Titles
Part 5 - Statutory Right of Way, Easement, and Covenant Director of Land Titles
Surveys
Part 6 - Highway, Public Road and Railway Surveys Director of Land Titles
Lands Branch, Ministry of Forests
Part 7 - Surveys under the Strata Property Act Director of Land Titles
Ministry of Municipal Affairs
Part 8 - Surveys under the Land Act Lands Branch, Ministry of Forests
Ministry of Energy, Mines & Low
Part 9 - Surveys under the Mineral Tenure Act
Carbon Innovation
Part 10 - Surveys under the Oil and Gas Activities Act Carbon Innovation
BC Oil and Gas Commission
3.

General consultation: ABCLS members are invited to submit comments. 4. If the proposed rule or rule change is substantially amended following formal review or general
consultation, the Director of Practice will review the changes with any affected stakeholders
before submitting the proposal to the Board for approval. ABCLS Board Policy Manual 127
5. Board approval: The Board will consider the rule or rule change proposal together with all
comments submitted during formal review and general consultation. If the Board approves the
rule or rule change, it will also determine the date on which it should take effect. Except for
matters requiring more immediate attention, rule changes will normally take effect on January 1
or July 1.

The Board may decline to approve a rule change or may suggest amendments for the
Director of Practice to consider. 6. Surveyor General approval: Following approval by the Board, the Secretary will submit the
approved rule or rule change to the Surveyor General and request approval by order. 7. Publication: Following approval by the Surveyor General, staff will publish the rule or rule change
on the ABCLS website and notify all ABCLS members. Immediately after the rule or rule change
takes effect, the Survey and Plan Rules will be updated. Version control will be used to show when
last revised. 8. Guidance: A webinar or interpretive bulletin may be required to introduce and explain key
principles in a rule.

ABCLS Board Policy Manual 128
2019-07-12
6.11 Requirements for Admission to the Association as 2021-09-10
a Land Surveyor
Page: 1 of 33
General
Part 8.3(b) of the Bylaws requires all candidates for admission as a land surveyor to successfully complete
field projects and examinations in accordance with Board policy. Part 8.3(c) of the Bylaws requires candidates for membership as land surveyors to submit to and, in the
opinion of the Board, successfully complete a professional assessment interview conducted in the manner
prescribed by the Board.

Part 8.4 of the Bylaws provides that the Board may exempt a candidate seeking qualification as a Land
Surveyor in Training from one or more of the requirements stipulated in Bylaws 8.1(a)(iii), 8.1(c), or 8.1(d)
in accordance with a policy established by the Board. Land Surveyor Associates are exempt from the
requirements of Bylaws 8.3(b)(i), 8.3(b)(ii), and 8.3(c). This policy sets out the requirements for the above referenced parts. The objectives of the examination process are:
1. Examinations are a transparent & fair assessment of a candidate’s competency
2. Examination content is relevant to current practice
3. Only qualified candidates are admitted as land surveyors
The Board of Management will appoint a Board of Examiners comprised of practising land surveyors.

The Board of Management delegates to the Board of Examiners authority to examine candidates for
admission as land surveyors in accordance with parts 8.3(a), (b) and (c) of the Bylaws and Board policy. Definitions
“Appeal Period” means:
• The period ending 3 days from the date of an Examination or Professional Assessment Interview
if the candidate feels that major irregularities in the Examination or Professional Assessment
Interview process adversely affected their potential performance on the Examination or
Professional Assessment Interview. ABCLS Board Policy Manual 129
• the period ending 14 days from the date a candidate receives notice of the result of an
Examination, Professional Assessment Interview, or field project if that result is being appealed.

If
notice is delivered or transmitted by electronic mail, it will be deemed to have been received on
the first business day after the date it was delivered or transmitted; or if sent by postal mail, on
the third business day after the date it was sent. “Confidentiality Agreement” means the confidentiality agreement for candidates provided in Schedule A. “Core Syllabus” means the topics identified as such in Schedule G.
“Examinations” means the Professional Examination and the Jurisdictional Examination. “Examination Paper” means a paper with examination questions printed on it. “Examiner” means a member of the Board of Examiners. “Internationally Trained Applicant” means an applicant as defined in the International Credentials
Recognition Act and Regulations. “Interview Paper” means a paper with PAI questions printed on it.

“Jurisdictional Knowledge” means specific topics of land surveying knowledge that are jurisdictionally
unique as described in Schedule A of TILMA and Schedule A of the MRA. “Jurisdictional Examination” means the examination for Land Surveyor Associates under part 8.3(b)(iii) of
the Bylaws. “Key Competency” or “Key Competencies” mean the competencies identified in Schedule G.
“Knowledge Area(s)” means Core Syllabus and Supplementary Knowledge Areas identified in Schedule G.
“MRA” means the Mutual Recognition Agreement on Labour Mobility for Land Surveyors in Canada
entered by the Association on June 8, 2012. “PAI” means the professional assessment interview. “Professional Examination” means the examination for Land Surveyors in Training under Part 8.3(b)(iii) of
the Bylaws. “Question Bank” means a confidential database of Examination and PAI questions and Rubrics.

“Question Data” means, for each question in the Question Bank:
• When the question was used
• The average score obtained by candidates (to assess question difficulty)
• The Key Competency and Knowledge Area(s) evaluated by the question
“Rubric” means an objective marking guideline aimed at an accurate and fair assessment. ABCLS Board Policy Manual 130
“Supplementary Knowledge Areas” means the topics identified as such in Schedule G.
“TILMA” means the Mutual Recognition Document for Land Surveyors under the Trade Investment &
Labour Mobility Agreement between the Alberta Land Surveyors’ Association and the Association of BC
Land Surveyors, which took effect on January 1, 2009. Policy
1.

Examinations (General)
a) The Examinations are most effective for evaluating the following Key Competencies:
• Researches and analyzes problems
• Adjudicates when presented with contradictory evidence
• Written communication in English
And may assist in evaluating these Key Competencies:
• Protects confidential information
• Organizes and maintains data, work processes, and records
• Manages project resources, requirements, risk, and quality
• Approaches problems systematically and methodically
• Uses appropriate tools and techniques to perform work
b) Each question on the Examinations will test a specific Key Competency through Core Syllabus and
c) Core Syllabus will comprise approximately 80% of the marks on examinations and Supplementary
Knowledge Areas will comprise the remaining marks.

d) Examinations will explore and seek to understand the level of the candidate’s competency based
on the following principles:
i) A new land surveyor is not expected to be an expert in all facets of land surveying; instead,
they must know enough to recognize issues and problems while knowing how to handle the
bulk of everyday practice. ii) Examinations will keep in mind the depth and breadth of knowledge required of a new land
surveyor as opposed to that of a highly experienced practitioner in a specialized area of
practice. Examinations will avoid niche and unusual knowledge. iii) Questions will describe the expected style of response or otherwise be clear what is expected
of a candidate.

Questions should be free of double-negatives, idiomatic language, and
confusing structure that may complicate the comprehension for a candidate. iv) Examinations will assess the written communication skills of candidates, recognizing the time
pressure and lack of spell-checking technology. ABCLS Board Policy Manual 131
v) Calculations will be kept to a minimum as candidates are restricted to a simple scientific
calculator. The purpose of the Examinations is to test professional-level judgement rather
than calculating ability and software use. vi) Examinations will generally be constructed with shorter, concise questions testing many Key
Competencies and Knowledge Areas rather than lengthy multi-part questions.

e) Each question on an examination will have a Rubric as provided in Schedule D, which sets out
what expected answers look like and how they will be consistently graded. f) The Board of Examiners will not offer supplemental questions to candidates who do not achieve a
passing mark.

g) Any question that generates unusually low marks in an examination must be investigated by the
Board of Examiners to determine if:
i) The subject matter is outside the Knowledge Areas or exceeds the depth and breadth of
knowledge required of a new land surveyor
ii) The question is difficult to comprehend
iii) The time it takes to answer the question is out of line with the mark value
iv) The Rubric is poorly aligned or unclear
From this, the Board of Examiners can decide if a question is fair, needs revision, or should be
discarded from the Question Bank. h) Examination marks are communicated to candidates after they have been entered into the
minutes of the Board of Examiners.

i) Examination Papers are not published, and Examination answer sheets are not returned to
candidates. The Board of Examiners will publish a small selection of example Examination and PAI
questions and Rubrics. j) Suspected major irregularities in the Examination process are subject to appeal within the
applicable Appeal Period. An appeal on this basis will be successful if the Board of Examiners
agrees that the process irregularities were significant enough to materially affect the candidate's
performance. The fact that irregularities occur is not in itself grounds for a successful appeal. There must be evidence that the irregularity resulted in unfairness that adversely and materially
affected the performance of the candidate.

Successful appeals will result in the candidate not
receiving any Examination result and not being charged the Examination fee if the candidate
attempts the Examination at the next sitting. k) Examination marks that are less than 70% are subject to appeal within the applicable Appeal
Period. Rather than re-marking the Examination as they would have done themselves,
independent reviewers will assess the appropriateness of the original mark based on the Rubric. If
a mark is deemed unfair, it is changed, whether the new mark is higher or lower than the original,
i.e., the reviewer’s mark takes precedence over the original mark. If the total marks on review
ABCLS Board Policy Manual 132
result in a passing grade, the mark assigned will be 70%.

Except in the case of a successful appeal,
the fee is non-refundable. l) The result determined by the Board of Examiners on any appeal is final. m) The Question Bank will be reviewed periodically to remove any questions that are out of date. 2. Professional Examination
a) The Professional Examination will be held at least twice each year with sufficient notice provided
to candidates; in the spring and fall. b) The Professional Examination is a single six-hour examination comprised of two parts, each part
three hours in duration, and covering both practical surveying and statutes & regulations, taking a
holistic approach in which questions may require concurrent knowledge and application of both.

c) The Professional Examination will assess the Key Competencies at a level expected of a new land
surveyor through Core Syllabus and Supplementary Knowledge Areas. d) Each part of the Professional Examination may cover any of the Key Competencies and any of the
Knowledge Areas. There is no distinction by subject area between the two parts of the
Professional Examination. e) Except as provided under the transitional requirements, candidates must write both parts of the
Professional Examination at one sitting. Successful completion is when the marks for the two
parts averaged together are not less than 70% in accordance with part 8.3(e) of the Bylaws. If the
candidate is not successful, both parts of the Professional Examination must be written again at a
future sitting. 3.

Jurisdictional Examination
a) A Land Surveyor Associate will sit the Jurisdictional Examination instead of the Professional
Examination. b) The Jurisdictional Examination will be four hours in duration and require candidates to
demonstrate Jurisdictional Knowledge for land surveying in British Columbia. c) Questions will be the same as, or substantially similar to but no more onerous than those
questions imposed on candidates seeking admission as land surveyors under part 8.3(a) of the
Bylaws. d) The pass mark for the Jurisdictional Examination will be 70% in accordance with part 8.3(e) of the
Bylaws. e) Availability of the Jurisdictional Examination will be as follows:
i) Candidates applying under the MRA will be offered the Jurisdictional Examination within
thirty (30) days of receiving an application.

If a pass mark is not achieved, a second attempt
ABCLS Board Policy Manual 133
will be offered within thirty (30) calendar days after the Appeal Period for the first attempt
expires, or if the right to appeal is waived by the candidate, within thirty (30) calendar days of
receiving the notice of waiving the right to appeal. For subsequent attempts, there will be a
waiting period of ninety (90) days after the appeal period for the previous attempt expires, or
if the right to appeal is waived by the candidate, ninety (90) days after receiving the notice of
waiving the right to appeal, and the Jurisdictional Examination will be available at the time of
the next regular sitting of the Professional Examination.

ii) Candidates applying under TILMA will be offered the Jurisdictional Examination within five (5)
business days of receiving an application. If a pass mark is not achieved, candidates must wait
at least thirty (30) calendar days before attempting the Jurisdictional Examination again. 4. Professional Assessment Interview (PAI)
a) The goal of the PAI is to explore the competence of a candidate who is nearly ready to become a
land surveyor. Accordingly, candidates will sit the PAI only after successfully completing the
Professional Examination, field projects, their term of articles, and any required professional
development. b) A candidate must not sit the PAI later than 3 years after the date they successfully completed the
Professional Examination.

c) The PAI is most effective for evaluating the following Key Competencies:
• Demonstrates impartiality and integrity
• Oral communication in English
• Deep understanding of the societal impact of land surveying
• Conducts field surveys effectively and accurately
• Performs work safely
d) The PAI should explore Key Competencies using Knowledge Areas that are not normally covered
on the Professional Examination.

Approximately 80% of questions should focus on Core Syllabus
with remaining questions focusing on Supplementary Knowledge Areas. e) Questions can be conversational in nature. Panel members can restate the question in different
words if a candidate doesn’t understand. ABCLS Board Policy Manual 134
f) Each question on the PAI will have a Rubric as provided in Schedule D, which sets out what
expected answers look like and how they will be consistently graded. g) The PAI will be approximately 60 minutes in duration and will be recorded. h) The PAI will be held twice each year; in the spring and fall. i) PAI panels are appointed by the Board of Examiners. Panels must have an odd number of
Examiners no less than three.

The panel will ordinarily be composed of the Surveyor General (or
Deputy Surveyor General at the request of the Surveyor General), and two other Examiners. j) The Board of Examiners will appoint alternate Examiners who may observe the PAI; however,
unless called on as a panel member, an alternate Examiner will not cast a vote to determine the
outcome of a PAI. k) The panel will decide whether a candidate passes or fails the interview and will not offer
supplemental questions to a candidate who does not pass. l) No matter the result, candidates should be given detailed feedback on the interview. The panel
should highlight ways a candidate demonstrated excellent performance of the Key Competencies
and point out areas for improvement.

Since no new land surveyor will know everything, this is an
opportunity to further the candidate’s education and prompt them to continue their
development as a professional. m) PAI results are subject to appeal within the applicable Appeal Period. The Board of Management
may appoint an appeal panel independent from the Board of Examiners to review the PAI
recorded session to assess the appropriateness of the original result based on the criteria outlined
in this policy. If a result is deemed unfair, it is changed, i.e., the appeal panel’s result takes
precedence over the original result. Except in the case of a successful appeal, the fee is non-
refundable. n) The result determined by the appeal panel on an appeal is final. o) Interview Papers are not published.

5. Field Projects
a) The goal of the field projects is to demonstrate a near-professional grasp of land surveying and
related topics on an assignment that is typical of day-to-day practice for a land surveyor. The
supervising land surveyor will maintain responsibility for the file and will monitor work and review
all deliverables to ensure compliance with all professional land surveying standards.

b) The field projects are most effective for evaluating the following Key Competencies:
ABCLS Board Policy Manual 135
c) Field projects must involve the performance of a survey that meets the Land Surveyors Act
definition of the practice of land surveying, or in the case of an Internationally Trained Applicant,
performance of a land survey that involves boundaries between interests in land and is typical of
work in their previous jurisdiction.

Projects that do not involve plans prepared for filing in the
Land Title Office or Crown Land Registry, or otherwise relate to boundaries of land in a significant
way are unlikely to demonstrate Key Competencies in a way that would result in a passing grade. d) Field project reports must be written in clear English and should be written from the point of view
of a professional reporting to their client upon the completion of a project. e) Field project reports will emphasize brevity and plain language, aiming for 2500-5000 words in
length. f) Field projects will be submitted electronically in PDF format. g) Field projects should be representative of the everyday practice of a land surveyor, with
approximately 1-2 days of field work.

h) Supporting materials such as field returns, plans, and other reference materials must be included
as appendices to the report. Reports must contain enough supporting material that Examiners can
understand all aspects of the project without further searching beyond the report. i) To confirm that the candidate has been involved at the expected level, field projects submitted
for marking will include a completed Field Project Certification Form as provided in Schedule B. To
ensure compliance with all professional land surveying standards, it is expected that the
supervising land surveyor will maintain contact with the candidate, monitor their performance,
discuss work, and progress, and provide advice and direction.

However, if the supervising land
surveyor becomes so involved that it becomes questionable whether the work was completed by
the candidate, then the supervising land surveyor should not endorse Schedule B and the
candidate should prepare a report on a future project once they are competent to engage in the
work assigned. For Land Surveyors in Training, other than Internationally Trained Applicants, the
supervising land surveyor must be a BCLS. j) Except as provided under the transitional requirements, candidates must successfully complete
two field projects. Each field project must be based on a different type of survey so that
candidates demonstrate diverse experience. The candidate must receive a pass mark on their first
field project report prior to submitting their second field project report.

k) Field projects are eligible for submission whenever a candidate completes them.

ABCLS Board Policy Manual 136
l) Field project reports must address the following:
• Purpose of the project and how client needs were determined
• Agreement on costs and client authorization to proceed
• Description of how the cost estimate was prepared, and the budget, if any
• Project timeline and resources such as people and equipment, and how the candidate
planned to manage them
• Identification of all research sources, why they were searched, and any noteworthy findings
• Copies of all researched information as appendices to the report
• Field survey methodology:
Safety risks and how they were mitigated or eliminated
o
Equipment used and why
o
Measurements taken and why
o
Evidence searched for, found, and condition
o
Checks performed in the field and how they worked out
o
Field returns produced, and how it was ensured that they met requirements
o
• Reductions, processing, and quality control of all field returns, along with a description of how
the candidate knew the data met acceptable standards
• Evaluation of all survey evidence and how boundary decisions were arrived at
• Reference all relevant factors such as case law, Survey Rules, the hierarchy of evidence, etc.

• Short description of how deliverables were prepared and checked, along with any checklists
used
• ABCLS Electronic Checklist, Plan Certification form, and Application to Deposit Plan form (or
equivalent documentation for Internationally Trained Applicants) as applicable with a brief
description of any issues encountered
• Description of subsequent uses/approvals the plan will encounter after its completion
• Brief description of how the project was closed off and completed
m) On Field Project #1, the candidate will personally complete the following aspects of the project
under the supervision of a land surveyor:
• Project planning and cost estimating
• Research
• Performing the field survey and preparing all field returns
• Assessing the field evidence
• Assuring quality of all field returns
• Field data processing
• Plan preparation
• Boundary decisions
• Final plan processing and checklist preparation
And may either complete or review:
• Project management and client contact
• Deliverables delivery and invoicing
n) On Field Project #2, the candidate will perform at a quasi-BCLS level.

The candidate will personally
complete all aspects of the project under the supervision of a land surveyor, including:
ABCLS Board Policy Manual 137
• Research
o) Examiners will abstain from marking any field project where there may be in a conflict of interest,
e.g., a field project completed by an employee of the firm in which they practice.

p) Field projects will receive an overall grade based on the Field Project Marking Rubric provided as
Schedule C, which is based on a grading scheme as follows:
i) Satisfactory (equivalent to a grade of 70% or more) – The report is granted a passing mark as
it stands
ii) Needs Improvement (equivalent to a grade of less than 70%) – The report does not yet
receive a passing mark but can be resubmitted for grading after careful review and editing
based on the markers’ comments
iii) Unsatisfactory (equivalent to a grade of less than 70%) – The report, in its current form, is
unsuitable for a field project submission.

The candidate should carefully reconsider if the
report can undergo significant revision or if it should not be resubmitted. q) Field project results are communicated to candidates after they have been entered into the
minutes of the Board of Examiners. r) Field projects graded as Needs Improvement or Unsatisfactory are subject to appeal within the
Appeal Period. Rather than re-grading the field project as they would have done themselves,
independent reviewers will assess the appropriateness of the original mark based on the Field
Project Marking Rubric. If a grade is deemed unfair, it is changed, whether the new grade is higher
or lower than the original, i.e., the reviewer’s grade takes precedence over the original grade. Except in the case of a successful appeal, the fee is non-refundable.

s) The result determined by the Board of Examiners on any appeal is final. 6. Transitional
a) The Examinations will be in accordance with this policy commencing spring 2020. ABCLS Board Policy Manual 138
b) Subject to part 21(d), candidates will be deemed to have successfully completed the Professional
Examination if they have successfully completed both of the examinations in practical surveying
and both of the examinations in statutes and regulations administered prior to spring 2020.
c) Subject to part 6(d), candidates will be required to successfully complete one part of the
Professional Examination if they have successfully completed any two or three of the
examinations in practical surveying or statutes and regulations administered prior to spring 2020.

Candidates will otherwise be required to successfully complete both parts of the Professional
Examination. d) Candidates will be required to successfully complete both parts of the Professional Examination if
they have not successfully completed any of the examinations in practical surveying or statutes
and regulations since the spring 2015 sitting of those exams. e) Field projects submitted after August 15, 2019, will be in accordance with this policy.

f) Candidates will be deemed to have successfully completed both Field Project #1 and Field Project
#2 if they have successfully completed all three field projects that were submitted on or before
August 15, 2019.
g) Candidates will be required to submit only Field Project #2 if they have successfully completed
any two field projects that were submitted on or before August 15, 2019. Candidates will
otherwise be required to submit both Field Project #1 and Field Project #2.
h) The Board of Examiners will determine prior credit for any circumstances not identified in this
policy and may relax Schedule B requirements for projects started before this policy comes into
effect if full compliance would result in unreasonable hardship for a candidate. Procedures
1.

a) The Secretary will determine the date, time, and location of all Examinations in accordance with
this policy. b) Subject to item 18(d) under Policy, signed applications to sit Examinations will be delivered to the
Member & Student Services Coordinator with the nonrefundable fee at least 6 weeks in advance
of the Examination. c) Examiners will construct Examination Papers by developing questions and Rubrics and/or
retrieving questions and Rubrics from the Question Bank. Generally, new questions will be
developed by one Examiner and a second Examiner will pay attention to the time the question
takes to answer, the clarity of the question, and the alignment of the Rubric to the expected
responses. d) Examiners will add any new questions and Rubrics to the Question Bank.

e) The Board of Examiners will approve all questions, Rubrics, and Examination Papers. ABCLS Board Policy Manual 139
f) Examinations will be administered in accordance with the Rules for Examinations (Schedule E) and
Instructions for Invigilators (Schedule F). g) The Secretary will assign Examination answers to an Examiner who will apply the Examination
Marking Rubric. h) Examiners will report Examination results to the Member & Student Services Coordinator, who
will update the Question Data. i) The Secretary will notify candidates of their results, including any results determined on appeal,
after they have been entered into the minutes of the Board of Examiners.

j) Signed applications to appeal Examination marks or to appeal any suspected process irregularities
will be delivered to the Member & Student Services Coordinator with the nonrefundable fee
within the applicable Appeal Period. k) If an Examination mark is appealed, the Secretary will assign an independent Examiner to review
the appropriateness of the original mark in accordance with this policy. 2. Professional Assessment Interview
a) The Secretary will determine the date, time, and location of all PAIs in accordance with this policy. b) Signed applications to sit the PAI will be delivered to the Member & Student Services Coordinator
with the nonrefundable fee at least 6 weeks in advance of the PAI.

c) Prior to each sitting of the PAI, the Board of Examiners will appoint from the Examiners a PAI
panel and alternate members of the panel. d) The PAI panel will construct Interview Papers by developing questions and Rubrics and/or
developed by one member of the PAI panel, and a second member will pay attention to the time
the question takes to answer, the clarity of the question, and the alignment of the Rubric to the
expected responses. e) Panel members will add any new questions and Rubrics to the Question Bank. f) The PAI panel will approve all questions, Rubrics, and Interview Papers.

g) Each panel member will listen to a candidate’s response and assess it according to the Rubric for
that question. Panel members may also take notes that become points of feedback for the
candidate. h) Upon completing the interview, the panel will excuse the candidate from the room in order to
deliberate. i) The panel will discuss the alignment of the candidate’s responses to the Rubric and arrive at a
pass or fail decision. Once a decision is made, the candidate will return to the room to receive
feedback and be informed of the result. ABCLS Board Policy Manual 140
j) The Member & Student Services Coordinator will update the Question Data from the results of
each question.

k) The Secretary will formally notify candidates of their results by follow-up letter. 3. Field Projects
a) Signed applications to submit field projects will be delivered to the Member & Student Services
Coordinator with the nonrefundable fee and field project report in Adobe PDF format. b) The Secretary will assign a field project to an Examiner who will apply the Field Project Marking
Rubric. c) Examiners will report field project results to the Member & Student Services Coordinator. d) The Secretary will notify candidates of their results, including any results determined on appeal,

e) Signed applications to appeal field project grades will be delivered to the Member & Student
Services Coordinator with the nonrefundable fee within the applicable Appeal Period. If a field project grade is appealed, the Secretary will assign an independent Examiner to review the
appropriateness of the original grade in accordance with this policy. ABCLS Board Policy Manual 141
Schedule A
ABCLS Examination Confidentiality Agreement
I, ______________________________________________ (candidate name), in consideration of receiving
a written examination from the Association of British Columbia Land Surveyors do agree:
1. To treat the contents of the examination as confidential and not disclose them in any way to any
other person,
2. To not make a copy of the examination paper or answer sheets, in whole or in part,
3.

To not remove the examination paper or any answer sheets from the examination room, and
4. To not publish or distribute notes, summaries, answers, or other materials related to this
examination through any medium. ___________________________________________
Candidate Signature
___________________________________________
Date
Witness Signature
ABCLS Board Policy Manual 142
Schedule B
Field Project Certification & Submission Checklist
The candidate must personally complete categories where “Reviewed by Candidate” is blacked out. The supervising land surveyor must check off appropriate boxes and sign prior to submission of a Field
Project. For Land Surveyors in Training, other than Internationally Trained Applicants, the supervising land
surveyor must be a BCLS.

Category Reviewed by Completed by
Candidate Candidate
Field Project #1 Project planning and cost estimating
☐
Supervising Land Surveyor Research
☐
Signature:
Performing the field survey and preparing
☐
all field returns
Assessing the field evidence
☐
Printed Name:
Assuring quality of all field returns
☐
Field data processing
☐
Submission Date: Plan preparation
☐
Boundary decisions
☐
Final plan processing and checklist
☐
preparation
Project management and client contact
☐ ☐
Deliverables delivery and invoicing
☐ ☐
Field Project #2 Project planning and cost estimating
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
ABCLS Board Policy Manual 143
The candidate must check off appropriate boxes and sign prior to submission of a Field Project.

Forms Reviewed by
Candidate
Application Field Project - Signed
☐
Re-submission Application Field Project - Signed
☐
Field Project Certificate & Submission Checklist - Signed
☐
Formatting
Spell check completed
☐
Grammar check completed
☐
Formatting – consistent font style, size, page breaks etc.

☐
Report written in third person
☐
Acronyms defined
☐
Table of Contents hyperlinked
☐
References to appendices hyperlinked
☐
2500 - 5000 Words
☐
PDF Format
☐
References to Acts italicized
☐
Titles of appendices match title listed in Table of Contents
☐
File names and document titles match
☐
Diagrams, photos & tables labeled consistently
☐
Diagrams, photos & tables embedded in report
☐
Citations added & included in Reference / Bibliography
☐
Project has been proof-read by non-BCLS
☐
Project has been proof-read by supervising land surveyor
☐
Candidates Signature:
Signature_____________________________
Date_________________________________
ABCLS Board Policy Manual 144
Schedule C
Field Project Marking Rubric
Examiners will compare the field project report to this rubric to determine how well it aligns with the
competencies required of a new land surveyor.

Satisfactory Needs Improvement Unsatisfactory
(70% or more) (less than 70%)
Project - Candidate developed a - Candidate started - Candidate
Planning plan that addresses to develop the proceeds with
major steps of the plan, but it is the job with little
project, identified missing some steps to no evidence of
significant risks, and or risk controls any planning
stated reasonable risk
controls
Cost - Candidate developed a - Candidate shows - Item is not
Estimating cost estimate, an understanding addressed or is
quotation, or budget of the cost only briefly
that accounts for all structure for only a mentioned
expected costs and portion of the - Candidate quotes
contingency for the project a price with no
project (actual - The report misses evidence of how
numbers need not be important cost that price is
included) drivers for the constructed
- Candidate project
demonstrates an
understanding of all
the cost components
of a survey project
Research - Research path - Candidate shows - Candidate does
indicates a sound evidence of not show clear
understanding of the research, but it is evidence of
nature of the land incomplete or is research
survey issues for this not relevant - Candidate does
project - Candidate barely not address the
- Candidate’s research explains the source relevance of
includes information relevance sources
sources and any - Candidate misses
significant findings a key component
that affect the work of background
- Candidate addressed research
why any typical source
ABCLS Board Policy Manual 145
was not searched for
this project
Performing - Candidate directed the - There is evidence - Information is too
the field use of suitable field of progression of brief,
survey and techniques and fieldwork, but it disorganized
preparing all technology for the flows weakly and/or is
field returns survey and/or appears inaccurate
- The report includes all rushed - Candidate does
field return summaries - Field returns are not address why
and sketches as mostly complete they performed
appendices - The field survey the survey in this
- The report indicates ends up mostly way
the logical progression complete, but little - The report leaves
of fieldwork and what indication of a one wondering if
field checks were systematic & the candidate
performed methodical understands the
- Candidate recognizes approach to the technology or
what standards are work survey
applicable to the field methodology
survey and ensures - Candidate failed
they are met to identify and
- Field returns are comply with
complete and stand on applicable survey
their own as a record standards
of the survey - Safety is not
- Candidate shows addressed in the
planning for safe work report
and executing
according to the plan
Assesses the - The report contains - Candidate - Candidate only
field evidence discussion on what highlights only briefly mentions
field evidence the some of the this and fails to
candidate included for evidence, instead discuss or
the survey, its of considering all elaborate on the
condition, and how it available evidence evidence
corroborates or - Haphazard, not assessment
conflicts with other methodical, - Candidate
evidence approach to ignores primary
- Candidate identifies evidence or highly
and complies with assessment influential
applicable land evidence
surveying standards - Candidate
for evidence defaults to a
- The report strongly mathematical
indicates a systematic reconstruction of
ABCLS Board Policy Manual 146
approach to assessing the boundary
the survey evidence without reason
Assures - Candidate shows the - Candidate - There is very little
quality of all use of a systematic understands the evidence of steps
field returns procedure for checking basics of how to to assure quality
field returns for quality assure quality.

The
(this may include both report shows some
checks done in the evidence of this
field and in the office but it is not always
setting) clear
- Candidate identifies
and complies with
applicable land
surveying standards
for field returns
Field data - The report briefly - The report briefly - The report does
processing describes what is done describes what is not address how
with field information done with field field returns are
to prepare it for use information to processed
on the survey product prepare it for use
- Candidate briefly on the survey
addresses how data is product but leaves
stored and protected out important
details
Plan - The report addresses - The report glosses - Little evidence
preparation how the survey over how the indicating the
product is prepared survey product is candidate
- The report includes prepared performed plan
reference to specific - The report includes preparation
Survey and Plan Rules, reference to some - Large gaps in the
local government specific Survey and description and
requirements, and Plan rules, local understanding of
LTSA standards where government the process
applicable requirements, and
- Candidate shows LTSA standards but
evidence of a misses significant
systematic approach requirements
that sets up the
project for quality
Boundary - Candidate includes - Candidate includes - No clear evidence
decisions clear and discussion on the of this process
unambiguous nature and - The discussion is
discussion on the location of some much too brief to
nature and location of boundaries show the
every boundary established/re-
ABCLS Board Policy Manual 147
established/re- established for the candidate’s
established for the project understanding
project - Candidate refers to - Candidate
- Candidate refers to some relevant case defaults to a
relevant case law, legal law, legal mathematical
principles, and principles, and reconstruction
statutes to justify the statutes but needs when evidence
decisions to expand on the points to a
- The boundary decision-making superior solution
decisions reflect process - Insufficient
impartiality and duty boundary
to the cadastre complexity in
project to
evaluate
competence.

Final plan - The report includes an - The report briefly - Final steps are
processing overview of the final includes an not clearly laid
and checklist steps of plan overview of the out in the report
preparation preparation and final steps of plan and/or essential
submission to the preparation and information is
client, authority, submission to the missing
and/or registry client, authority, - Little
- If the survey product is and/or registry understanding of
part of a further what happens
approval process, the after a plan is
candidate describes created
the main steps
Project - Candidate includes - Candidate includes - Little or no
management details on the level of some brief details understanding of
and client contact with the client on the level of the client contact
contact and how the project contact with the and advice on the
met their expectations client project
- The report addresses - Problems - Candidate failed
any difficulties encountered to explore client
encountered and during the project needs &
overcome through the appear satisfaction
project unanswered
- Interactions with the - Little recognition
client demonstrate of the level of
adherence to the Code service expected of
of Ethics a professional land
- The report addresses surveyor
sound professional
advice given to the
client
ABCLS Board Policy Manual 148
Deliverables - Candidate describes - Candidate starts to - There is no
delivery and how the results of the mention how the evidence of the
invoicing work delivered value customer received deliverables or
to their customer their work but complete invoices
- The report addresses needs to elaborate - Candidate did not
all deliverables for the on the value convey an
project brought understanding of
- The report describes - The report the final stages of
how the final invoice addresses most of the project
for the client is the deliverables for
prepared, checked, the project
and delivered to the - The final invoice
client information is
- Candidate addressed available but not
how actual costs complete
compared to the - Candidate starts to
original estimate address how actual
costs compare to
the original
estimate but fails
to explore the
reasons fully
Writing - Language is clear and - The report - The report suffers
Mechanics concise contains rare from significant
and Style - There are no errors in spelling, spelling,
significant errors in grammar, or usage grammar, or
spelling, grammar, or - The language used usage errors
usage is not concise and - The language is
- The style is can be wordy unclear and hard
professional - The style is not to understand
consistent and can
at times be casual,
rather than
professional
Formatting - The report is clearly - Overall, the report - The report is
laid out and easy to is laid out poorly organized
follow consistently but at and difficult to
- The style is consistent, times the style navigate
professional, and changes - Appendices are
suitable for submission - Most supporting not used and do
to a client materials are not follow logical
- Supporting materials provided in formatting
are provided as appendices
appendices to the
report
ABCLS Board Policy Manual 149
Schedule D
Examination Marking Rubric
Examiners will compare a candidate’s answers to the Examination Marking Rubric to determine how well
it aligns with the expected answer.

Question Full Marks Part Marks No Marks
ABCLS Board Policy Manual 150
Schedule E
Rules for Examinations
Candidate No. Examination:
(Specify one of:
Professional Examination – Part 1,
Professional Examination – Part 2,
or
Jurisdictional Examination.) 1. Each part of the Professional Examination will be 3 hours in duration, including any breaks. 2. The Jurisdictional Examination will be 4 hours in duration, including any breaks. 3. Candidates must arrive at each examination 15 minutes early with government-issued photo
identification. 4. Candidates will review and agree to the Confidentiality Agreement prior to being issued an
Examination Paper. 5. Candidates will not communicate with any person, other than the invigilator, during examination
sittings. 6. Candidates may bring hardcopy materials only into examination rooms for reference.

No
electronically stored materials are permitted. 7. No electronic device of any kind will be brought into an examination room, except for:
a) A small, silent watch or small clock capable of time-keeping purposes only. b) An approved hand-held calculator for simple computations during the exam. Approved models
are:
i) Sharp EL-501X
ii) Sharp EL-520X
iii) Sharp EL-520W
iv) TI-30X IIS
v) Casio FX-300MS
vi) Casio FX-991
vii) Casio FX-991 EX
viii) Casio FX-991 ES Plus
ix) Casio FX-991 MS
ABCLS Board Policy Manual 151
8. Candidates may take short breaks from the examination room with the permission of the invigilator,
but this does not alter or extend the examination sitting time. Candidates must not communicate with
anyone other than the invigilator. 9.

Answers are to be written in ink with legible handwriting, except for diagrams which may be drawn in
pencil. 10. Only one question will be answered on each answer sheet, except where a question has many parts
(e.g., a, b, c, d, etc.) 11. Answers are to appear on one side of the answer sheet only – do not use the back side. Answers must
be written well within the margins to ensure all answers are included when the answer sheet is
scanned or copied. 12. Invigilators are provided with candidate numbers. Candidates will use only their candidate number on
answer sheets. Names must not appear. 13.

On each answer sheet, candidates will place their candidate number at the top centre and the
question number in the left margin. The sheets will be numbered sequentially in the upper right
corner. These Rules for Examination will be placed on top of the answer sheets with the candidate
number and examination filled in. 14. Candidates will return the entire Examination Paper and their answer sheets to the invigilator within
the allotted examination time period. 15. No candidate will remove an Examination Paper from the examination room. ABCLS Board Policy Manual 152
Schedule F
Instructions for Invigilators
1. Enclosed are:
a) Rules for Examinations
b) Examination Papers
c) Candidate numbers
2. Print one copy of each Examination Paper for each candidate. 3.

Print one copy of the Rules for Examinations for each candidate. 4. Invigilators are responsible for providing candidates with plain white lined writing pads in order to
write their answers. 5. Ensure each candidate presents a government-issued photo ID (passport, driver’s license, or similar)
that matches the name on the examination attendance list. 6. Ensure each candidate brings only permitted materials and devices into the examination room (see
Rules for Examinations). 7. Prior to each part of the Professional Examination and the Jurisdictional Examination, issue a
Confidentiality Agreement to each candidate for them to sign. Witness each signature. Any candidate
who chooses not to sign the agreement will not be issued an Examination Paper. 8.

Inform each candidate of the candidate number issued to them by the ABCLS and remind candidates
to use only their candidate number on their answer sheets. 9. Read the Rules for Examinations aloud to the candidates. 10. Throughout an examination, observe candidates to ensure they comply with the Rules for
Examinations. 11. Give candidates notice when one hour remains in an examination sitting, and when 15 minutes
remain in an examination sitting. 12. At the conclusion of an examination, retrieve all Examination Papers and answer sheets from the
candidates. No candidate may leave with an Examination Paper or their answer sheets. 13. Scan all answer sheets in Adobe PDF format and deliver to the ABCLS. 14.

Secure and return all Examination Papers and all answer sheets to the ABCLS as soon as practical
following an examination. ABCLS Board Policy Manual 153
Schedule G
Competency and Knowledge of BCLS Candidates
Preamble
As part of its statutory mandate, the Association of British Columbia Land Surveyors (ABCLS) must ensure
candidates meet a minimum standard of practice to obtain a commission as a British Columbia Land
Surveyor (BCLS). Through its examination of candidates, the ABCLS assesses the following competencies
for minimum required expectations of a professional land surveyor. What are Competencies? One way to think of competencies is that they represent the set of behaviors that emerge from a
candidate’s knowledge, skills, and abilities as they apply those to their work.

A framework for describing
these behaviours is:
Know Use Apply
Competency-based assessments go beyond merely testing knowledge. Instead, they evaluate a
candidate's practical skills by assessing their ability to apply acquired information in problem-solving
scenarios. For instance, a candidate might showcase their proficiency in answering questions about a title
(a skill) and then demonstrate how they can leverage those answers to achieve specific objectives, like
resolving boundary uncertainties (an ability). In essence, competencies define a range of desirable
behaviors expected from a candidate. In the past, examinations were targeted towards recall of information, or experience time intervals were
placed on candidates as a proxy for competency.

Unfortunately, this ignores the strengths and needs of
the individual candidate and assumes all learn at the same rate and in the same way. Competencies imply
enough experience with the subject matter to achieve an observable level of success without prescribing
a particular number of times or time period over which a candidate demonstrates these. Under a
competency-based framework, candidates are instead asked to demonstrate how they handle situations a
land surveyor may encounter and how they apply their knowledge, skills, and abilities towards properly
addressing the problem(s) at hand.

This de-linking of recall and experience periods from competency
measurement means candidates cannot simply recite a provision from an Act; they instead need to
indicate how they use that provision (often in combination with other information) to solve the problem. A candidate who provides enough evidence to demonstrate their behaviors align with the expectations of
a new land surveyor meets the standard of “competent”. Evidence of competency is provided in different
ABCLS Board Policy Manual 154
ways, and the ABCLS uses a combination of examinations, reports, references, and completion of training
evaluations to understand where each candidate is in their journey. Some competencies are better suited
to evaluation through some methods over others, so using more than one method is preferable to fully
understand a candidate’s capabilities.

It can be useful to consider the evidence a candidate provides on competencies as falling into one of four
buckets:
No
Emerging Competent Mastery
Evidence
Evidence provided Evidence of an
at the level experienced
Little to no Candidate
expected of a professional. evidence of a demonstrates
new BCLS. Applies Handles niche
candidate's ability knowledge, but
knowledge, skills, situations deftly. to use knowledge, unsure how to
abilities, to Confident in
skills, or abilities to correctly apply it
correctly solve handling
deal with the to specific
commonly- commonly-
problem or situations &
encountered encountered
situation problems
problems & problems &
situations situations
Before being granted a commission, a candidate must provide enough evidence to indicate at least a
“Competent” level in all key competencies.

Further details of expectations are included with each
competency below. Key Competencies
1. Demonstrates impartiality and integrity
• Applies the entire ABCLS Code of Ethics, including identifying and avoiding conflicts of
interest
• Makes professional decisions in the best interests of the public and the cadastre without
Recognizing situations to which the Code of Ethics applies
o
Understanding the due levels of diligence required to properly perform land
o
surveying work and avoid most issues
Deliberately choosing impartiality, even if it does not advance the client’s
o
interests
Maintaining the quality of the cadastre through their work
o
ABCLS Board Policy Manual 155
2.

• Gathers enough information to understand the nature and extent of boundary problems
• Demonstrates a working knowledge of multiple sources of cadastral and spatial
• Conducts analysis of information to make meaningful inferences as to the location of
boundaries
Applying relevant BC acts/regulations/case law and land surveying principles to
o
address or solve frequently encountered problems or situations
Working through typical local government, Surveyor General, and LTSA processes
o
to achieve correct deposit of relevant plans and/or documents
Gathering, assessing and weighing sufficient amounts of both physical and
o
documentary/oral survey evidence of boundaries to arrive at defensible boundary
opinions
Recognizing the common nuances of survey problems & situations encountered
o
in BC and tailoring the solution for those
3.

• Understands what information must be collected during a survey
• Performs field work efficiently, with enough checks and redundancy to control errors in
• Selects appropriate measurement tools and techniques to ensure compliance with
• Anticipates final product (plan) requirements while performing the field survey
Having a working knowledge of the differences between various survey systems
o
used in BC and how to assess the survey evidence frequently encountered in each
Understanding the logistics and practices of both contemporary and historical
o
surveys and utilizing that in the weighing of evidence
Recognizing when a BCLS must be physically present during a survey and what
o
Applying accuracy/precision standards to the survey to ensure the quality meets
o
Adhering to quality-control practices that virtually eliminate errors before the
o
field survey is completed
4.

• Applies the hierarchy of evidence, applicable rules and standards, legal principles, and
relevant case law when arriving at boundary decisions
• Weighs the evidence and gives preference to the most reliable kinds
ABCLS Board Policy Manual 156
• Understands past standards of survey accuracy and how those relate to boundary
Recognizing problems/situations that may be influenced by specific BC
o
case/statute law and then correctly applying the legal principle(s) to sort through
the evidence
Weighing survey evidence and arriving at a defensible opinion, even in instances
o
where some evidence disagrees
Experiencing original surveys from the point of view of the original surveyor, as a
o
way to evaluate survey evidence
5.

• Prepares typical business and project correspondence in clear and concise written English
Preparing documents for the benefit of the client and/or approval authorities that
o
show a working level of English
Breaking down technical topics, when appropriate for the intended audience, are
o
broken down into terms that can be understood by a non-BCLS
Using a professional level of proofreading and clarity in reports and letters
o
6.

• Communicates with peers, clients, and the general public clearly in English
Using a level of verbal English that is sufficient for communicating effectively with
o
clients, the public, and other stakeholders
Re-wording technical terms into language that laypersons can understand, and
o
ensuring the ideas are communicated successfully
Note: For candidates with accessibility needs, evidence may be provided through the use of assistive
technology and/or an interpreter
7.

• Obtains approval of the client before disclosing confidential information
ABCLS Board Policy Manual 157
Recognizing when and what information must be held in confidence and when it
o
may be shared with others
Following standard practices for protecting confidential information and
o
preventing its disclosure
Understanding how legislation related to privacy and confidentiality affects the
o
work of a BCLS
8.

• Maintains field survey and work records in accordance with applicable rules and
standards
Working within a system to retrieve, store, and reference information in ways
o
that keep it organized into the future
Understanding what information must be retained and for how long, and the
o
importance behind doing so
Recognizing points of failure with their system, and ways to make sure it stays on
o
track
9.

• Ensures land survey projects and deliverables (such as plans) meet applicable rules and
standards while meeting client objectives
• Avoids common problems that could negatively impact their projects
Understanding the various rules and requirements that relate to typical survey
o
products in BC and to achieve those
Correctly defining the scope of a survey project so that it results in the desired
o
product(s) for the client
Recognizing when non land survey requirements may affect a project and
o
planning appropriately to handle those, e.g. environmental requirements
10.

• Aware of and complies with applicable Occupational Health and Safety Regulations for
the work
• Ensures they have appropriate training, procedures, and resources to perform work safely
• Refuses to perform unsafe work or direct any other person to perform unsafe work
ABCLS Board Policy Manual 158
Acting in accordance with their responsibilities under federal and provincial safety
o
Recognizing what safety rules may apply to their work and adjusting the work to
o
fit when necessary
Performing their work safely
o
11.

• Prepares plans and other survey products with consistency and quality as hallmarks
Relying on a structured, consistent approach to survey situation and problems
o
Recognizing which parts of a problem or situation require professional-level
o
judgment and which are technical in nature
Embracing quality systems as a primary protection against errors and liability
o
Understanding how much information is necessary to sort through a problem and
o
12.

Deeply understands the societal impact of land surveying
• Is mindful of the social implications of cadastral systems, including the potential
interaction of these systems with the rights of Indigenous peoples
• Applies a professional standard of care to all land surveying work
• Embraces legal requirements and social expectations of equity, diversity, and inclusion
through their work
Understanding the purposes of survey products and how they are relied upon,
o
including what can happen if errors propagate into a product
Recognizing what a professional must do when a potential error is discovered in a
o
product
Utilizing, with respect, the privilege granted to land surveyors to enter upon lands
o
Being aware of the concepts of consultation, consent, Aboriginal and Treaty
o
rights, and the historical cultural practices that began before colonization and
European settlement of the land
13.

• Understands the capabilities and limitations of different survey technologies
ABCLS Board Policy Manual 159
• Selects effective technologies, for both field and office tasks, for the work requirements
• Advises clients on the most suitable ways to perform land surveying work
Applying an effective mix of people, process, and technology to achieve the
o
project requirements
Credibly guiding a client through questions about methodology and/or costs
o
Considering the logistics of the work in their selection of how the work will be
o
done
14.

• Demonstrates skill with procurement processes including bidding, proposals, budgeting
and estimates
• Understands the necessity of professional liability insurance and how it functions
• Governs their business practices in alignment with applicable employment, safety, human
rights, and contract law
• Recognizes anti-competitive, illegal, and/or unprofessional business practices and makes
• Engages in effective conflict resolution and communication techniques with clients and
Completing projects in compliance with law applicable to BC
o
Identifying situations with potential business practice risks and taking steps to
o
Demonstrating trustworthiness in their dealings as a professional
o
Handling differences of opinion or communication issues with professionalism
o
Knowledge Areas and Resources
Each competency can be demonstrated through one or more knowledge areas and resources.

These are
broken into two segments: A core syllabus that forms the bulk of topics upon which a BCLS candidate may
be examined, and supplementary resources that BCLS candidates must be aware of and may use for
specialized land surveying work.

Core Syllabus
ABCLS Code of Ethics
Survey and Plan Rules
Land Title Act
• Land Title Act Regulation
Land Survey Act
Land Surveyors Act
Land Act
Strata Property Act
ABCLS Board Policy Manual 160
• Bare Land Strata Regulations
• Strata Property Regulation
Local Government Act
Community Charter
Transportation Act
• Transportation Act Regulation
Land Title Practice Manual
LTSA Website
Professional Reference Manual
Surveyor General Circular Letters
Association Bylaws
ABCLS Board and Practice Advisory Department Notices
Interpretive Bulletins
Crown Lands: A History of Survey Systems
ABCLS Compendium of Case Law
Criminal Code (ss.

442 & 443)
Agricultural Land Commission Act
• Agricultural Land Reserve Use, Subdivision and Procedure Regulation
Forest Act
Mineral Tenure Act
• Mineral Tenure Act Regulation
• Mineral Title Online Grid Regulation
Petroleum and Natural Gas Act
• Petroleum and Natural Gas Grid Regulation
Property Law Act
Energy Resource Activities Act
• Energy Resource Activities General Regulation
Park Act
Protected Areas of BC Act
Vancouver Charter
Association Update Email Notices
Cadastral Survey Practice 1851 to 2004, by Don Duffy
ABCLS Board Policy Manual
Searching for Survey Evidence DVD, by Jon Magwood
Historical Link Magazine Articles
Professional Surveyors Canada Loss Prevention and Practice Management Guide
Crown Land Grants: A History of Esquimalt and Nanaimo Railway Land Grants
Precision Surveying: The Principles and Practice, by John Ogundare
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
ABCLS Board Policy Manual 161
Board and Member Relations 2021-12-09
6.12 Special Dispensation 2022-04-28
Page: 1 of 1
General
Bylaw 7.4 allows for members under the age of 55 to become retired nonpractising land surveyors (a
“Retired Member”) provided they receive special dispensation.

Policy
All members eligible for special dispensation must meet one or more of the following criteria:
a. Has permanently relocated to another province or country. b. Has extenuating circumstances, such as serious medical ailments, where they are no longer able
to practice. The Board authorizes the Secretary to approve applications for special dispensation that meet the above
requirements. The Secretary may refer the applications to the Board for decision. Procedures
a. Receive a written application from a member requesting special dispensation outlining the reason
for the request. b. Review the application in accordance with the criteria in this policy. c. Respond, in writing, to the applicant the decision.

ABCLS Board Policy Manual 162
6.13 Designations & Initials
Page: 1 of 1
General

Section 59(3) of the Land Surveyors Act provides for practicing land surveyors to use or display the
designation “B.C. Land Surveyor”, “British Columbia Land Surveyor”, “land surveyor”, “Professional Land
Surveyor” or “Provincial Land Surveyor” or the initials “B.C.L.S.” or “P.L.S.”.

Section 59(4) of the Land Surveyors Act provides, on application to the association, for land surveyors who
have been placed on a list of nonpractising land surveyors the use of designations or initials restricted by

Section 59(3), if the designation or initials are followed by the designation “Not Practising” or “Retired” or
the abbreviation “N.P.” or “Ret.”
Policy
All members eligible to use the designations “Not Practising” or “Retired” or the initials “N.P.” or “Ret.”
must apply to the Association for prior approval. For a member to be eligible for approval to use the designation “Retired” or the initials “Ret.”, ideally the
member would have been a member in good standing for 25 years or more as a practicing land surveyor. The Board authorizes the Secretary to approve applications for the use of the designations and initials
meeting the above requirements. Procedures
a.

Receive a written application from a member requesting approval for the use of the designations
or initials outlined in

Section 59(4) of the Land Surveyors Act. b. Review the application in accordance with the criteria in this policy and the Land Surveyors Act. c. Respond, in writing, to the applicant within 15 days of receiving the application, as to the
acceptability of the request. d. If the member does not accept the explanation of the Secretary where use of the designations or
initials was not approved, the Secretary will receive an appeal letter from the member and place
it on the agenda of the next Board meeting. e. The Secretary will notify the members of the decision of the Board.

ABCLS Board Policy Manual 163
Board and Member Relations 2022-05-01
6.14 Awards
Page: 1 of 1
Policy
The Association of British Columbia Land Surveyors offers the following awards to recognize the
contributions of members and others in protecting the public interest. • Certificate of Appreciation
Presented to a non-member in appreciation of service to the profession and/or the Association of
BC Land Surveyors. • Certificate of Recognition
Presented to a member in appreciation of service to the profession and/or the Association of BC
Land Surveyors. • G. K. Burnett Award
Presented to a member who has provided distinguished service to the profession and/or the
Association of BC Land Surveyors in a previous or recent year.

• G. S. Andrews Award
Presented to a member who has provided outstanding service to the Association of BC Land
Surveyors over a significant period of time. • G.M. Thomson Award (Previously known as Meritorious Service Award and Distinguished
Service Award)
Presented to a member who has provided especially outstanding service through a very long-time
commitment of valuable volunteer service to the Association of BC Land Surveyors, and/or a
significant contribution to the profession of land surveying. • Lifetime Achievement Award
Presented to a member who has contributed many years of valuable service to the public and
dedication to the land surveying profession and who is no longer actively practicing land
surveying.

Members and others are invited to identify worthy candidates for Association of BC Land Surveyors
awards. a) Nominations must be received by November 1 each year. b) Nominations are to include a description of the candidate’s contributions and service to the
profession and/or the Association of BC Land Surveyors and how the public has benefited as a
result. ABCLS Board Policy Manual 164
c) Current Association staff and Board members are not eligible for Association of BC Land Surveyors
awards. d) Current Association staff and Board members may nominate candidates. e) The Board will review all nominations and decide the recipients. The Board may carry forward
nominations from the previous year. They may also decide not to select a recipient for one or
more awards each year.

ABCLS Board Policy Manual 165
Board and Member Relations 2023-06-01
6.15 Annual General Meeting and Conference
Page: 1 of 1
Policy
The Land Surveyors Act directs the Association to hold an annual general meeting (AGM) in British
Columbia once in each calendar year on a date and at a place determined by the board. It also sets
requirements for general meetings, including information to be reported and the election of the board. Bylaw 3 sets out rules for providing notice and for the conduct of general meetings.

In addition to the AGM, the Board also wishes to hold a conference that supports:
• continuing professional development for members based on feedback, needs, and requirements
• engaging members in discussions about relevant professional regulation and land surveying
practice matters
• recognizing and respecting Indigenous Peoples traditional territory
• inclusivity and opportunities for social interaction
• recognizing award winners and persons newly admitted as land surveyors
• fundraising activities by the BC Land Surveyors Foundation
The Board will approve the dates and place of the annual general meeting and conference. The Secretary will have conduct of the agenda and order of business for the annual general meeting,
ensuring compliance with the Act and Bylaws.

The CAO will:
• secure a venue and develop a program for the annual general meeting and conference in
consultation with the Secretary and the Chair of the AGM
• recruit speakers and moderators for continuing professional development sessions
• identify potential sponsors and/or trade show exhibitors
• determine registration, sponsorship, and exhibitor fees and any complimentary guest
registrations
ABCLS Board Policy Manual 166
Stakeholder Relations 2024-06-06
6.16 Member and Stakeholder Consultation
Page: 1 of 1
General
Consultations are only part of the process of engagement. Board members shall review and consider all comments received from those consulted.

Consultation
entails a two-way exchange in which consultees are given an opportunity to provide input and contribute
to the outcome of a decision. A good consultation process assists in making quality decisions and
mitigates implementation risks. Documents consulted on may include but are not limited to: bylaws,
policies, Survey and Plan Rules, and other guidance documents. Policy
An ongoing, constructive, professional relationship between the ABCLS and its stakeholders, including
members, is key to achieving a quality outcome from consultation. Applying the following principles will
help achieve this type of relationship:
• Meaningful: The Board should be open to stakeholders’ views and opinions and should take these
into account when making decisions. The purpose and objective of the consultation should be
clearly described.

• Open: Stakeholders should have an opportunity to contribute their views. • Transparent: To make meaningful contributions, those consulted should have access to neutral,
timely and relevant information. Terminology and language should be clear, concise, and
understandable to those consulted. Where possible, consultees should be provided with the draft
language to help them develop specific, precise comments. • Accountable: The Board should be able to describe the process by which views were considered
during decision making. The Board shall determine, on a case-by-case basis, the most suitable form and extent of consultation. The form of consultation will depend on what the proposal entails and its complexity and scale of effects.

Engagement may include but is not limited to:
• Email Requests for Written Feedback
• Association Surveys & Polls
• In Person &/or Virtual Meetings
• Annual General Meetings
• Guest Participation Periods at Board of Management Meetings
• Workshops
• Website Communications
ABCLS Board Policy Manual 167
EXTERNAL RELATIONS
Purpose:
The Board of the Association of BC Land Surveyors has a responsibility to protect the public interest in the
orderly development of the cadastral fabric of the province. Policies in this section relate to the
relationships between the Association, government, the Land Title and Survey Authority of BC and other
organizations integral to the development of the province.

Scope:
These policies identify the role of the Association in undertaking liaison with government, Land Title &
Survey Authority of BC, and other organizations. ABCLS Board Policy Manual 168
Stakeholder Relations
7.1 General Repealed 2023-06-01
Page: 1 of 1
Repealed 2023-06-01
ABCLS Board Policy Manual 169
7.2 Appointment to LTSA Board of Directors 2023-06-01
Page: 1 of 1
General
The Land Title and Survey Authority Act establishes the LTSA’s Board of Directors. That act defines the
makeup, nomination, and appointment of the Board of Directors. The ABCLS is required by statute to
nominate 2 people to serve on the Board of Directors as required.

The expiry of terms of existing
nominees is staggered so that the ABCLS is only required to nominate individuals when a term expires. The ABCLS is required to provide the names of at least three (3) and not more than five (5) qualified
nominees at the appropriate time. Policy
The Board of Management will provide the names of at least three (3) and not more than five (5)
nominees as requested by the Chair of the Board and/or the Chief Executive Officer of the LTSA. A
person who has served the maximum of three (3) consecutive terms as a member of the Board of
Directors is no longer eligible to be nominated.

The Board will:
• Prior to the expiry of a Director’s term, the Chief Administrative Officer will meet with the Chair of
the Board and/or the Chief Executive Officer of the LTSA and report back to the Board
• The board may re-nominate a Director who is eligible for a further term
• The Board may invite applications for nomination from the membership but may also consider
other potential nominees
• The board will review the credentials of all potential nominees and forward those that best meet
the requirements of the Land Title and Survey Authority;
• The Chief Administrative Officer will provide the names and particulars of all nominees to the
Chair of the Board and/or the Chief Executive Officer of the LTSA by the required time.

ABCLS Board Policy Manual 170
Stakeholder Relations 2011-07-28
7.3 ABCLS Representative to the LTSA Stakeholder
Advisory Committee
Page: 1 of 1
General
The Land Title and Survey Authority's (LTSA) Stakeholder Advisory Committee (SAC) meets regularly to
provide advice to the CEO relating to the Authority’s mandate to operate the land title and survey
systems in accordance with the province’s legislative framework. The SAC is not a decision-making body. The current calendar shows the SAC meeting 3 times annually in March, July, and October. The SAC ensures that the LTSA Board of Directors and management are kept aware of any stakeholder
concerns and recommendations related to the operations of the LTSA.

The ABCLS as a stakeholder entity can recommend a representative for review and appointment by the
CEO of the LTSA. Representatives are expected to have the authority to speak for their organization and to consult with
them as required. Representatives will be required to execute a confidentiality agreement requiring them
to keep discussions, materials, and other information confidential except as expressly permitted by the
LTSA. Policy
The Chief Administrative Officer will represent the Association on the Stakeholder Advisory Committee of
the Land Title and Survey Authority.

The ABCLS Representative will:
• actively participate in the work of the SAC to the LTSA;
• communicate the specific needs and concerns of the ANCLS as they pertain to LTSA activities,
programs, services and special projects and on any other matter as requested by the LTSA
ABCLS Board Policy Manual 171
Stakeholder Relations 2020-01-01
7.4 Liaison with Regional Groups
Page: 1 of 2
ABCLS Board Policy Manual 172
7.5 Advocacy
Page: 1 of 3
“Board” means the Board of Management constituted under s. 6 of the Land Surveyors Act.

“Industry” means the people or companies engaged in a particular kind of commercial enterprise. “Member” means a land surveyor, land surveyor associate or land surveyor in training. “Professional Association” means an organization that acts in the best interest of members of a
profession by providing advocacy, benefits, and other services. Purpose
The ABCLS serves the public interest in the practice of land surveying. The ABCLS does not advocate for
member-based interests and does not advocate to influence government policy in the furtherance of the
interests of its members or any corporate entity.

The ABCLS’s activities in advocacy aim to improve and inspire confidence in the profession to help protect
the integrity of the survey systems of British Columbia, extend public knowledge of land surveying
practice, and promote truthful and accurate statements on land surveying matters. The purpose of this policy is to establish a framework to help the Board:
• ensure that activities are focused on the functions of the Board under s. 7 of the Land Surveyors
Act,
• avoid activities that may lead to the perception, or reality, that the regulatory body is putting the
interests of the members ahead of the public interest, and
• avoid activities that may divert significant budgetary or human resources away from core
responsibilities.

The Board should refer to this framework to evaluate activities on a case-by-case basis. Policy
The Activities Evaluation Flow Chart on the following page provides important questions to ask when
deciding whether the ABCLS should engage in an activity. Answers to the questions will be recorded in the
form provided in Schedule A of this policy and the form will be retained as part of the Board records. ABCLS Board Policy Manual 173
Activities Activity
being
Evaluation evaluated
Flow Chart
Does it directly
relate to s. 7 Yes
functions?

If the activity is unusual
and could be
misconstrued in relation to
Intent is to determine No statutory functions, give a
who is the primary brief rationale explaining
beneficiary how the activity supports
statutory functions (e.g.,
No
Is it in the public by contributing to
interest? organizational stability)
Yes
If the activity *Is it a role for Members,
does not directly Yes
*Is it a role for
a Professional
others? relate to Association, Industry, or
regulatory body others? duties, further
examination and
No
explanation is
warranted and a
written record is
expected. Does it take
Yes
significant
resources from
core functions? No
Does it create a
Yes
real or perceived
No
conflict of
interest?

Avoid Proceed
ABCLS Board Policy Manual 174
Schedule A
ABCLS Activity Evaluation Form
Complete the applicable sections of this form to help determine whether the ABCLS should engage in a
particular activity. Describe the activity being evaluated:
Does the activity relate to the functions of the Board under s. 7 of the Land Surveyors Act? Yes
☐
No
☐
If ‘No’, who is the primary beneficiary? Is the activity in the public interest? Is the activity a role for Members, a Professional Association, Industry, or others? Does the activity take significant resources from core functions? Does the activity create a real or perceived conflict of interest?

Result of the evaluation:
Proceed
☐
Avoid
☐
Provide any additional rationale where necessary:
Date Approved by the Board:
ABCLS Board Policy Manual 175
PRACTICE ADVISORY PROGRAM
Purpose:
Part 17 of the Bylaws provides for the appointment of the Practice Advisory Panel whose objectives are
to:
a) develop programs to assist Members to practice land surveying competently; and
b) support and provide guidance to the Practice Advisory Department. These policies are pursuant to Part 17.8 of the Bylaws to establish how the Board, Practice Advisory Panel,
and staff will achieve the objectives of the Practice Advisory Program. Scope:

Section 8 apply to the Board, Practice Advisory Panel, staff, contractors
retained to carry out the business of the Practice Advisory Program, and all members of the Association of
BC Land Surveyors. Definitions:
“Practice Advisory Department” is part of the Association of BC Land Surveyors organized around the
functions of the Practice Advisory Program. “Director of Practice” means an employee of the ABCLS appointed by the Chief Administrative Officer to
carry out the functions and duties of the Practice Advisory Department. “Practice Advisory Manager” means an employee of the ABCLS appointed by the Chief Administrative
Officer to assist and carry out the directions of the Director of Practice. The Practice Advisory Manager
may perform any duty required by this policy to be done by the Director of Practice.

ABCLS Board Policy Manual 176
Practice Advisory Program 2023-01-01
8.1 Confidentiality *
Page: 1 of 1
Policy
The Board, the Practice Advisory Panel, and every person participating in an audit or practice review will
maintain confidentiality in accordance with Part 17.7 of the Bylaws. Where educational materials are prepared based on a land surveyor’s work, the Practice Advisory
Department must ensure the identity of the land surveyor is not revealed and cannot be inferred from
those materials. All records relating to audits and practice reviews must be maintained in a secure environment in
accordance with Board Policy 3.6 – Records Retention Policy.

ABCLS Board Policy Manual 177
8.2 Practice Guidance 2023-09-07
Page: 1 of 3
Policy
The Practice Advisory Department provides guidance, including interpretive guidance, to land surveyors
and other stakeholders regarding standards of professional and ethical practice as set out in the Land
Surveyors Act, the Bylaws, the Survey and Plan Rules, and guidance published by the ABCLS, including
example plans, the Professional Reference Manual, Interpretive Bulletins, and Practice Advisories. Anyone can contact the Director of Practice with questions related to professional practice, ethics, and
practice guidance. The Director of Practice cannot answer questions related to legal and contractual
issues, provide dispute mediation, or provide specific technical review of land surveying work.

The Director of Practice cannot guarantee absolute confidentiality of practice enquiries and records are
typically kept of these communications. If an issue comes to the knowledge of staff that indicates a clear
concern relating to the protection of the public interest, it may be reported to the Secretary of the
Association and treated as a complaint. The Director of Practice will maintain a collection of example plans based on applicable statutes and
regulations, the Survey and Plan Rules, generally accepted practice standards, and formal guidance
published by the ABCLS. The Director of Practice will review the collection of example plans following
amendments to any of those documents and revise affected plans in a timely manner.

The ABCLS works with experts in their fields in developing formal practice guidance to assist land
surveyors in meeting their professional obligations. Land surveyors are required to stay informed of, be
knowledgeable about, and meet the intent of guidance documents that are relevant to their area of
practice.

Depending on the scope and nature of the topic, formal guidance is provided through:
• Interpretive Bulletins – interpretation of the Survey and Plan Rules
• Practice Advisories – specific practice issues not related to interpretation of the Survey and Plan
Rules
• Professional Reference Manual – general guidelines for the practice of land surveying in British
Columbia
Topics for formal practice guidance are identified as follows:
• Demand-Based: Request from government, industry, or the professional community
ABCLS Board Policy Manual 178
• Strategy-Based: ABCLS initiative based on analyzing trends and directions of government or
industry
Once published, practice guidance documents are reviewed on a 5-year cycle to determine whether the
content within the documents requires updating.

Anyone can request the Board to approve development of formal practice guidance. Once a topic for professional practice guidance is determined by the Board to be a priority, it is developed
according to the following processes:
1. Form of guidance: The Board determines whether the guidance should be provided through an
Interpretive Bulletin, Practice Advisory, or the Professional Reference Manual. 2. Content development: The Director of Practice, Professional Reference Manual Committee,
and/or contract resource prepare content for review. 3. Formal review: Staff, relevant committees, Surveyor General, Director of Land Titles, government,
and/or legal counsel review the draft material. Appropriate reviewers depend on the topic and
form of the guidance. The Surveyor General and Director of Land Titles will always review an
Interpretive Bulletin.

The Director of Practice and Professional Reference Manual Committee
should consult with the CAO to confirm participants for the formal review. 4. General consultation: ABCLS members are invited to submit comments. 5. Board approval: The Board will consider the draft guidance together with all comments submitted
during formal review and general consultation. 6. Publication: Following approval by the Board, staff will format and publish the approved
document, and notify all ABCLS members. 7. Webinar: Sometimes, guidance may require a webinar to introduce and explain key principles in
the document. Except for housekeeping changes, existing guidance documents are amended according to the same
process under which they are developed.

Housekeeping changes are changes that:
ABCLS Board Policy Manual 179
• update Ministry names
• update references to legislation or the Survey and Plan Rules
• consist of verbatim insertions of authoritative literature
• delete provisions which have become obsolete
The Director of Practice in consultation with the CAO is authorized to make housekeeping changes to
Interpretive Bulletins and Practice Advisories. The Director of Practice in consultation with the Professional Reference Manual Committee is authorized
to make housekeeping changes to the Professional Reference Manual. Notwithstanding any other provision of this policy, the Board may require an amendment or addition to
an Interpretive Bulletin, Practice Advisory, or the Professional Reference Manual.

In practice, the Board
will generally utilize the other provisions of this policy before requiring a change. ABCLS Board Policy Manual 180
8.3 Electronic Checklist Registry 2023-09-07
Page: 1 of 1
Policy
To help ensure the quality of surveys and plans prepared by land surveyors, the ABCLS has implemented
an online quality control checklist based on requirements set out in the Survey and Plan Rules, relevant
statutes and regulations, and generally accepted standards of the practice of land surveying. Land surveyors must complete a quality control checklist for any plan to be filed in the Crown land registry
or land title register.

The date on which a quality control checklist was completed, and its number within
the ABCLS’s Electronic Checklist Registry (ECR), is required by the Land Title and Survey Authority of BC as
part of the plan certification. Procedures
• Anyone can contact the Director of Practice and propose a change to the items included in the ABCLS
quality control (electronic) checklist system. • Except for housekeeping changes, the Director of Practice will prepare a recommendation for
consideration by the Practice Advisory Panel. • The Director of Practice will update the ABCLS quality control (electronic) checklist system by adding,
deleting, or amending checklist items following approval of changes by the Practice Advisory Panel.

• The Director of Practice in consultation with the CAO is authorized to make housekeeping changes of
the nature described in Policy 8.2. ABCLS Board Policy Manual 181
8.4 Exemptions from the Survey and Plan Rules 2023-09-07
Page: 1 of 1
Policy
Under

Section 75(2)(b) of the Land Surveyors Act, the ABCLS may provide for the exemption of a particular
survey from the application of the Survey and Plan Rules. Authority to provide exemption from part of the Survey and Plan Rules is delegated to the Director of
Practice. In adjudicating an application for exemption from the Survey and Plan Rules, the following criteria may be
considered:
• impact on the survey systems of British Columbia
• public interest (owners and adjacent owners should not be adversely affected)
• hardship (extraordinary physical difficulty or extraordinary economic hardship)
• comments from any agency deemed appropriate
For modified posting, or if a survey affects Crown lands, any exemption from the Survey and Plan Rules
must be acceptable to the Surveyor General.

• Applications for exemption from the Survey and Plan Rules are submitted through an online
application form and must include the following information:
the section or sections of the Survey and Plan Rules for which an exemption is requested
o
identification of the survey for which the exemption request is being made
o
reasons for and a description of the requested exemption
o
a sketch plan of the survey (if necessary, to clarify the application)
o
• Upon completing the adjudication of an application, the applicant will be notified of the outcome
through their member account. If approved, notations to be placed on the face of the plan along with
any conditions that pertain to the exemption will be provided.

• If the Surveyor General has been consulted as part of the adjudication, and the application for
exemption has been approved, a copy of the approval will be forwarded to the Surveyor General. ABCLS Board Policy Manual 182
8.5 Timely Filing of Posting Plans 2023-09-07
Page: 1 of 1
Policy

Section 68(2) of the Land Title Act provides for a posting plan when a land surveyor sets a monument to
redefine or define a corner. Posting plans must be filed in the land title office within 2 months after the
completion of the redefinition or definition. To help monitor whether land surveyors are adhering to the timeline set out in the Land Title Act, the
ABCLS receives a biannual report from the Land Title and Survey Authority of BC which identifies plans
where the time between the survey completion date and plan filing date exceeds 2 months. The Director
of Practice will follow the procedures in this policy to help ensure land surveyors comply with the
timeline.

• The Director of Practice will receive a biannual report of any late filing from the Land Title and Survey
Authority of BC. • The Director of Practice will review the report and may make a recommendation to the Practice
Advisory Panel based on any concerns identified in the report. ABCLS Board Policy Manual 183
8.6 Audits 2023-09-07
Page: 1 of 4
“Deficiency” means a breach of the bylaws, the Survey and Plan Rules or generally accepted standards of
the practice of land surveying which does not affect the integrity of the survey systems in British
Columbia.

Examples of a Deficiency include:
• Failure to provide verification of reported continuing professional development
• Errors in georeferencing
• Errors in scenery or adjacent parcel designations
• Errors in standard symbols and abbreviations
“Defect” means a breach of any statute or regulation governing the profession of land surveying, the
bylaws, the Survey and Plan Rules, or generally accepted standards of the practice of land surveying which
adversely affects the public interest or integrity of the survey systems in British Columbia.

Examples of a Defect include:
• Errors in reconstructing boundaries
• Errors in bearings, distances, or areas
• Failure to locate or consider survey boundary evidence
• Errors in labelling survey evidence
• Failure to unambiguously define new parcels, including the vertical extent of a strata lot or limited
common property
• Any breach of the Code of Ethics
• An issue with late filing
• Errors in designating new parcels or interests in land, including strata lots, common property, or
limited common property
“Plan Review” means an examination of a survey plan, prepared pursuant to a Provincial statute or
otherwise, and the field notes used to prepare the plan, to assess compliance with the statutes and
regulations governing the profession of land surveying, the bylaws, the Survey and Plan Rules, and
generally accepted standards of the practice of land surveying.

Policy
ABCLS Board Policy Manual 184
All practising land surveyors are subject to the audit process under the provisions of Part 17.4 of the
Bylaws. The audit process consists of:
• verification of reported continuing professional development;
• a check on any late filed posting plans; and
• a Plan Review if the practising land surveyor has prepared any type of survey plan within the last
twelve (12) months. Land surveyors may not decline an audit. They must cooperate and facilitate the audit process by ensuring
they provide all necessary, relevant, and requested information to the Director of Practice.

A land
surveyor who declines an audit or is uncooperative in arranging or participating in an audit, may be
subject to a complaint that they have breached a bylaw or engaged in unprofessional conduct. The intent of the audit process is to proactively assess overall compliance with regulatory requirements. Practising land surveyors are audited on a 3-year risk-adjusted cycle and must be audited within 3 years
from when their previous audit was completed. Risk factors are considered, and audits may occur more
frequently if considered necessary.

Factors which might indicate a more frequent audit than every 3 years
include:
• Identified fields of practice
• Recent additions to the practising roster
• Previous non-conformance by the land surveyor or their firm during a prior audit or practice
review
• Previous discipline of the land surveyor or their firm
• Evidence of late filed posting plans
• Sole practitioners
• High volume plan producers
The plan selected for a Plan Review during an audit will typically be one prepared pursuant to a Provincial
statute which has been filed in the Crown land registry or land title register. However, the Director of
Practice may also select any other plan prepared by the land surveyor, such as a building location
certificate or plan of topography.

An audit can have one of three results:
• A Final Audit Report – No Defects were found
• A Provisional Audit Report – the Director of Practice has questions about the land surveyor’s
practice and wishes to discuss them with the land surveyor
• A Conditional Audit Report – one or more Defects were found
ABCLS Board Policy Manual 185
• Land surveyors subject to an audit will be emailed a written notification with an explanation of the
process and instructions on next steps; the notification email will be sent to the email address on file
with the ABCLS. • The notification may require the land surveyor to submit specific documentation to the ABCLS.

The
land surveyor must submit any required documentation to the ABCLS within the time period stated in
the email. Failure to return the required documentation within the stated time period (unless a
reasonable explanation is submitted in advance) may result in the matter being referred to the
Practice Advisory Panel, and the Practice Advisory Panel will take action it deems appropriate. • The Director of Practice will conduct the audit. On completion, the Director of Practice will email the
report of the audit to the land surveyor. • For a Final Audit Report, the Director of Practice will close the file thirty (30) days after it has been
delivered to the land surveyor, unless the land surveyor wishes to discuss the report.

The file will be
closed thirty (30) days after the conclusion of any discussion about the report. • For a Provisional Audit Report, the land surveyor must respond to the Director of Practice within two
(2) weeks of receiving the report unless the land surveyor is able to provide reasons acceptable to the
Director of Practice to delay the response deadline. With acceptable reasons, the Director of Practice
can delay the response deadline for an additional two (2) weeks. If the issues leading to the
Provisional Audit Report are resolved, the file will be closed.

If the land surveyor fails to respond to
the Provisional Audit Report, the Director of Practice may refer the file to the Practice Advisory Panel,
and the Practice Advisory Panel will take action it deems appropriate. • For a Conditional Audit Report, the land surveyor must respond to the Director of Practice within two
can delay the response deadline for an additional two (2) weeks.

If the land surveyor fails to respond
to the Conditional Audit Report, the Director of Practice may refer the file to the Practice Advisory
Panel, and the Practice Advisory Panel will take action it deems appropriate. • When errors are identified in the Conditional Audit Report, the land surveyor must, in a timely
manner as established in consultation with the Director of Practice, provide the Director of Practice
with proof of the corrections, including a copy of the corrected plan as filed and statutory declaration
if applicable. If the corrections have been made to the satisfaction of the Director of Practice, the file
will be closed.

• The Director of Practice may refer any Audit Report to the Practice Advisory Panel along with the
following information:
The reason for the referral
o
A summary of the land surveyor’s response to the report of the audit, including any relevant
o
verbatim portions of the response
A summary of the land surveyor’s audit and practice review history
o
Any recommended action by the Practice Advisory Panel
o
ABCLS Board Policy Manual 186
• On referring an Audit Report to the Practice Advisory Panel, the Director of Practice will notify the
land surveyor.

• On receiving a referral from the Director of Practice, the Practice Advisory Panel may:
direct that a Practice Review of the land surveyor be conducted
o
recommend that the land surveyor undertake remedial education, which might include
o
mentoring
express concerns to the land surveyor and/or make other recommendations to address the
o
unsatisfactory practice
refer the matter to the Complaint Inquiry Committee in accordance with Part 17.5 of the
o
Bylaws
take no further action and provide the land surveyor with an explanation
o
ABCLS Board Policy Manual 187
8.7 Practice Reviews 2023-09-07
Page: 1 of 4
“Deficiency”, “Defect”, and “Plan Review” are as defined under Policy 8.6 – Audits.

Policy
All practising land surveyors may be subject to the practice review process under the provisions of Part
17.4 of the Bylaws. Land surveyors may not decline a practice review. They must cooperate and facilitate the practice review
process by ensuring they provide all necessary, relevant, and requested information to the Director of
Practice. A land surveyor who declines a practice review or is uncooperative in arranging or participating
in a practice review, may be subject to a complaint that they have breached a bylaw or engaged in
unprofessional conduct. Practice reviews are a reactive measure intended to identify risks and regulatory gaps in a member’s
practice, while also providing remedial pathways and tools to address any identified issues. The process is
fair, transparent, objective, and educational.

The Practice Advisory Panel may direct that a practice review of a member be conducted following a
referral from the Director of Practice under this policy. The Board may direct that a practice review of a member be conducted on the recommendation of the
Secretary or the Complaint Inquiry Committee, or based on the Board’s determination that a member has
contravened:
• the Land Surveyors Act or any other statute or regulation governing the profession of land
surveying,
• the Bylaws,
• the Survey and Plan Rules, or
• generally accepted practice standards.

Depending on the reasons for a practice review, the particulars that the Director of Practice may review,
include:
• quality management practices
• areas of practice and professional responsibilities
• compliance with the Code of Ethics
ABCLS Board Policy Manual 188
• maintenance of competence including continuing professional development activities
Compliance with the following documents will form the basis of the Practice Review:
• Land Surveyors Act
• Land Survey Act
• other statutes and regulations governing the profession of land surveying
• the Bylaws
• the Survey and Plan Rules (and Interpretive Bulletins)
• Practice Advisories
• the Professional Reference Manual
• the Board Policy Manual
The Director of Practice is responsible for assessing the land surveyor’s practice to confirm compliance
with regulatory requirements.

To confirm compliance, the practice review process may consist of any of
the following at the discretion of the Director of Practice:
• a document/record review*
• one or more Plan Reviews
• inspection of surveys in the field
• an interview with the Director of Practice, either in-person or in a virtual meeting format
• independent verification of information or findings accomplished through discussion with the
member’s employer, peers, clients, approving authorities, or other references identified by the
member, as appropriate
*In accordance with Part 17.4(c) of the Bylaws, the Director of Practice must not review a land surveyor’s
financial, contractual, or employee records without their consent.

A practice review can have one of three results:
• A Final Practice Review Report – No Defects were found
• A Provisional Practice Review Report – the Director of Practice has questions about the land
surveyor’s practice and wishes to discuss them with the land surveyor
• A Conditional Practice Review Report – one or more Defects were found
The report of a practice review will include the Director of Practice’s findings and recommendations. Land
surveyors will have an opportunity to comment on the report of the review, and the Director of Practice
may amend the report based on the comments.

Land surveyors are encouraged to share the results of their practice review with their firm to help correct
systemic issues in the firm which may have contributed to any non-conformance. Firms should review the
results and develop or improve their policies to support land surveyors in meeting all regulatory
requirements. Procedures
ABCLS Board Policy Manual 189
• Land surveyors subject to a practice review will be emailed a written notification containing
information regarding why the practice review was initiated, an explanation of the process, and
instructions on next steps; the notification email will be sent to the email address on file with the
ABCLS. • The notification will require the land surveyor to submit specific documentation to the ABCLS.

The
Practice Advisory Panel, and the Practice Advisory Panel will take action it deems appropriate. • The Director of Practice will contact the land surveyor to arrange a mutually acceptable date and
place for an interview. • On completion of a practice review, the Director of Practice will email a report of the practice review
to the land surveyor.

• For a Final Practice Review Report, the Director of Practice will close the file thirty (30) days after it
has been delivered to the land surveyor, unless the land surveyor wishes to discuss the report. The file
will be closed thirty (30) days after the conclusion of any discussion about the report. • For a Provisional Practice Review Report, the land surveyor must respond to the Director of Practice
within two (2) weeks of receiving the report unless the land surveyor is able to provide reasons
acceptable to the Director of Practice to delay the response deadline. With acceptable reasons, the
Director of Practice can delay the response deadline for an additional two (2) weeks.

If the issues
leading to the Provisional Practice Review Report are resolved, the file will be closed. If the land
surveyor fails to respond to the Provisional Practice Review Report, the Director of Practice may refer
the file to the Practice Advisory Panel, and the Practice Advisory Panel will take action it deems
appropriate. • For a Conditional Practice Review Report, the land surveyor must respond to the Director of Practice

If the land
surveyor fails to respond to the Conditional Practice Review Report, the Director of Practice may refer
appropriate. • When errors are identified in the Conditional Practice Review Report, the land surveyor must, in a
timely manner as established in consultation with the Director of Practice, provide the Director of
Practice proof of the corrections, including a copy of the corrected plan as filed and statutory
declaration if applicable. If the corrections have been made to the satisfaction of the Director of
Practice, the file will be closed.

• The Director of Practice may refer any Practice Review Report to the Practice Advisory Panel along
with the following information:
o
ABCLS Board Policy Manual 190
A summary of the land surveyor’s response to the report of the practice review, including any
o
relevant verbatim portions of the response
o
o
• On referring a Practice Review Report to the Practice Advisory Panel, the Director of Practice will
notify the land surveyor.

o
mentoring
make other recommendations to address the unsatisfactory practice
o
o
Bylaws
o
ABCLS Board Policy Manual 191
8.8 Correcting Errors 2023-09-07
Page: 1 of 1
Policy
Polices 8.6 and 8.7 require a land surveyor to provide the Director of Practice with proof of corrections
when errors are identified in a Conditional Audit Report or Conditional Practice Review Report.

The Practice Advisory Panel may refer to the Complaint Inquiry Committee any instances in which the
land surveyor fails to address errors after a period deemed reasonable by the Practice Advisory Panel,
considering the nature of the errors identified. The onus to correct errors in a timely manner as established in consultation with the Director of Practice
and provide the Director of Practice with proof of having made requested corrections rests with the
subject land surveyor. It is expected that land surveyors act promptly to correct errors that adversely
affect the public interest or integrity of the survey systems in British Columbia.

ABCLS Board Policy Manual 192
8.9 Monitoring and Reporting 2023-09-07
Page: 1 of 2
Policy
The objectives of the Practice Advisory Panel are to:
b) support and provide guidance to the Practice Advisory Department.

To support the Practice Advisory Panel in achieving its objectives, the Director of Practice will gather,
review, and analyze data from the results of the Audit and Practice Review programs to:
• identify trends
• make recommendations for changes to conduct and competence standards
• make recommendations for changes to the continuing professional development program
• Following June 30 and December 31 each year, the Director of Practice, in consultation with the CAO,
will submit a draft year-to-date report to the Practice Advisory Panel with the following information:
the number of audits and practice reviews completed
o
the results of the audits and practice reviews completed, including a breakdown of the reasons
o
for conditional audits and practice reviews
the number of late filed posting plans
o
the number of land surveyor enquiries addressed relating to professional practice or ethics
o
the number of Survey Rule exemption applications processed
o
a description of Survey Rule changes completed, or in development, including an estimated
o
completion date
a description of any educational seminars delivered by the Practice Advisory Department
o
a description of any Practice Advisories or Interpretive Bulletins completed, or in development,
o
including an estimated completion date
a description of any reports or articles prepared by the Practice Advisory Department and
o
published in the Association Update newsletter
a narrative on any trends and/or practice issues observed
o
any recommended changes to conduct and competence standards
o
any recommended changes to the continuing professional development program
o
any recommended changes to the practice advisory program
o
any other matters the Director of Practice deems relevant
o
ABCLS Board Policy Manual 193
• The Practice Advisory Panel will review the draft report.

Any additional recommended changes to
conduct and competence standards, the continuing professional development program, or the
practice advisory program will be included, and the final report will be submitted to the Board of
Management. • The number of audits and practice reviews and their results will be included in the ABCLS’s Annual
Regulatory Report. ABCLS Board Policy Manual 194
8.10 Appeals 2023-09-07
Page: 1 of 1
Policy
A land surveyor will have the right, within 30 days following receipt of a report, to appeal to the Practice
Advisory Panel, any findings or recommendations of the Practice Advisory Department.

• A land surveyor who does not agree with a report of an audit or practice review should contact the
Senior Practice Advisory Manger to discuss the report. • If the issue cannot be resolved, the land surveyor may appeal the report of an audit or practice review
to the Practice Advisory Panel within thirty (30) days following receipt of the report from the Director
of Practice. If the report is delivered or transmitted by electronic mail, it will be deemed to have been
received on the first business day after the date it was delivered or transmitted; or if sent by postal
mail, on the third business day after the date it was sent.

• On receiving an appeal, the Practice Advisory Panel must review the report of the audit or practice
review and all documents obtained or produced by the Director of Practice and may interview or
question the land surveyor. • After conducting a review, the Practice Advisory Panel must confirm the report of the audit or
practice review or return the report to the Director of Practice for further assessment. ABCLS Board Policy Manual 195
8.11 Safety 2023-09-07
Page: 1 of 4
Policy
Under the Occupational Health and Safety Regulation all employers must establish some form of health
and safety program at the workplace.

With fewer than 20 employees, the ABCLS has a less formal
program directed at the activities of the Practice Advisory Department (PAD) while engaged in inspections
of surveys in the field. General
PAD staff and contractors will participate in a regular monthly safety meeting directed at matters
concerning the correction of unsafe conditions and practices and the maintenance of cooperative interest
in the health and safety of all staff. The meeting record will indicate when it was held, who attended, and
the general nature of what was discussed. Inspections of surveys will normally be made in road-accessible and walk-in locations to minimize
exposure to health and safety concerns. Staff and contractors will take appropriate safety measures when
parking on highways.

PAD staff and contractors are prohibited from using chainsaws, all-terrain vehicles, snowmobiles,
helicopters, or boats. PAD staff and contractors are prohibited from working in known unsafe conditions. Any such
circumstances must be reported to the Director of Practice. Training

Section 21(2)(e) of the Workers Compensation Act requires that an employer provide to the employer's
workers the information, instruction, training, and supervision necessary to ensure the health and safety
of those workers in carrying out their work and to ensure the health and safety of other workers at the
workplace. The following training will be required for all staff and contractors who conduct inspections of surveys in
the field:
• Occupational First Aid, Level 1 (OFA1, valid for 3 years)
• Workplace Hazardous Materials Information System (WHMIS)
• Hydrogen Sulfide Safety (H2S Alive, valid for 3 years). • Valid Class 5 Driver’s License (minimum)
• Bear Aware/Safety training
ABCLS Board Policy Manual 196
Equipment

Section 21(2)(d) of the Workers Compensation Act requires that an employer provide and maintain in
good condition protective equipment, devices and clothing as required by regulation and ensure that
these are used by the employer's workers. The following equipment is required for all staff and contractors who conduct inspections of surveys in
the field:
• Personal First Aid Kit as specified in OHS Regulation when working away from vehicle (kept on
person)
• Level 1 First Aid Kit as specified in OHS Regulation (kept in vehicle)
• Footwear appropriate to conditions, e.g., steel toed boots, caulked boots, etc.

• High visibility vest, safety glasses, hard hat with valid expiry date
• Bear spray where appropriate
• Safety cones and flares for work on highways
• Cell phone (fully charged every day)
• Flame resistant clothing (coveralls) for inspections of oil and gas surveys
• Noxious Gas (H2S, CO) Monitor (to be rented) for inspections of oil and gas surveys
• Two-way radio with appropriate frequencies for resource road access where necessary
Hazard Assessment

Section 21(2)(b) of the Workers Compensation Act requires that workers are made aware of all known or
reasonably foreseeable health or safety hazards to which they are likely to be exposed by their work. A hazard assessment of the site, and access to the site, will be completed for all inspections of a survey. Working Alone
Under

Section 4.20.1 the Occupational Health and Safety Regulation “working alone or in isolation”
means to work in circumstances where assistance would not be readily available to the worker
a) in case of an emergency, or
b) in case the worker is injured or in ill health
PAD staff and contractors conducting inspections of surveys will occasionally be working alone.

Section 4.21 of the Occupational Health and Safety Regulation requires written procedures for checking
the well-being of a worker. While working alone, all PAD staff and contractors will follow the procedures
included in this policy regarding time intervals between checks, an end of day check, and steps to be
taken if a worker cannot be contacted, including provisions for emergency rescue. For all inspections, a contact person must be designated. Normally, the Director of Practice or Practice
Advisory Manger will be the designated contact person. In their absence, another staff member may be
designated as a contact person. ABCLS Board Policy Manual 197
Incident Reporting
Part 2, Division 10 of the Workers Compensation Act requires reporting of certain kinds of accidents or
injuries.

All staff and contractors must report all accidents, near misses, injuries, and work-related medical
conditions in accordance with the procedures set out in this policy.

Vehicles
In addition to the training requirements under this policy, PAD staff and contractors using a personal or
other vehicle to carry out inspections of surveys must meet the following requirements:
• Submission of a driver’s abstract to the Director of Practice upon hire
• Vehicle must be insured for business use
• Minimum third-party liability insurance of $3,000,000
• When renting a vehicle, full insurance coverage shall be purchased from the rental provider
including zero deductible coverage
Meetings
• The Director of Practice will hold a regular monthly meeting for PAD to discuss health and safety
matters and maintain a record of when it was held, who attended, and the general nature of what
was discussed.

• Prior to conducting an inspection of a survey, PAD staff or contractors will familiarize themselves with
the context and general conditions in the area by reviewing appropriate maps and communicating
with the land surveyor being reviewed, their staff, or on-site safety personnel as appropriate. • A preliminary hazard assessment of the site and its access will be completed by PAD staff or
contractors and any significant potential hazards will be discussed with the Director of Practice to
ensure all necessary measures are taken to eliminate or mitigate hazards. • If the Director of Practice is conducting the inspection, any potential hazards will be discussed with
the Practice Advisory Manager.

• The hazard assessment will be finalized by PAD staff or contractors upon arrival onsite to include site-
specific details. The Hazard Assessment Form will then be saved with other file information for the
practice review. Working Alone While Inspecting Surveys
• The PAD staff member or contractor conducting the inspection of a survey must provide the
designated contact person with a work plan for the day including the location of sites to be inspected,
access maps for emergency responders where applicable, expected times for the start of work and
end of day, expected traverse routes when working away from a vehicle, the method of contact, and
any other relevant information.

ABCLS Board Policy Manual 198
• The default times for checking in are 8:00 am, 12:00 pm, and end of day. PAD staff, contractors, and
the designated contact person may agree to alternate check-in times for an inspection, provided they
do so in writing. • The preferred method of contact for checking in will be telephone. Where this is not possible, a one-
way system which allows the worker to call or signal is acceptable. The PAD staff member or
contractor and the designated contact person must agree to the method of contact in advance. • Leeway of 30 minutes past the check-in time is allowed before taking further action.

If no contact has
been made after 30 minutes past the pre-arranged check-in time, the designated contact person will
call 911 or local emergency responders to report an incident. Incident Reporting
• PAD staff and contractors must report all accidents, near misses, injuries, and work-related medical
conditions to the Director of Practice within 24 hours after any incident. • The Director of Practice must report all accidents, near misses, injuries, and work-related medical
conditions to the CAO within 24 hours of receiving a report on an incident from a staff member or
contractor. • For minor injuries with no time lost, the worker must complete a WorkSafe BC First Aid Record and
submit a copy to the Director of Practice.

• The following types of accidents and injuries must be reported to WorkSafe BC:
If there is time lost due to an accident or injury in the workplace, the worker must complete
o
WorkSafe BC’s Worker’s Report of Injury or Occupational Disease to Employer (Form 6A) and
submit it to the Director of Practice. The Director of Practice must then complete a corresponding Employer’s Report of Injury or
o
Occupational Disease (Form 7). ABCLS Board Policy Manual 199

section
75 of the Act, and approved by order of the Surveyor General. (c) All remaining capitalized terms will have the meaning set out in the Act unless a contrary intention
is expressed in these Bylaws. 2. Conflict with Land Surveyors Act
If there is a conflict between a provision of these Bylaws and the Act, the Act prevails. PART B – GOVERNANCE
3. General Meetings
3.1 Conduct of Meetings
To the extent not inconsistent with the Act and these Bylaws, meetings of the Members will be conducted
in accordance with Robert’s Rules of Order Newly Revised, as updated and amended from time to time. 3.2 Chair
Unless the Board directs otherwise, the President must preside over general meetings, as chair.

3.3 Written Resolutions
All resolutions must be in writing and contain the name of the mover and seconder. 3.4 Meeting Discussion
(a) Subject to the discretion of the chair, no Member may speak on any subject more than twice, save
the introducer of the subject, who shall be entitled to reply. (b) Before a resolution can be discussed, it must be read at the meeting, from the chair. (c) Any motion may be re-opened by a majority vote. 3.5 Voting
(a) Members are entitled to receive notice of and to attend any general meeting. (b) Only Practising Land Surveyors in good standing with the Association and present at a meeting are
entitled to vote.

(c) Except as provided in Part 3.5(e), all motions introduced during a general meeting will be carried
by a majority of the Practising Land Surveyors present at the meeting and who cast a vote. (d) If a vote results in a draw, the motion will be defeated. (e) Resolutions dealing with amendment to the Bylaws, or any matter specified by the Board will only
be carried by an affirmative vote of at least two-thirds (2/3) of the Practising Land Surveyors
present at the meeting and who cast a vote. 3.6 Notice
(a) The Board must provide members with notice of every general meeting and annual general
meeting, at least fifteen (15) days before the scheduled date of the meeting.

(b) Notice to be provided in accordance with Part 3.6(a) must set out the date, time, and location of
Page 1 of 21
Association of British Columbia Land Surveyors 2023 Bylaws
the meeting, and must include the particulars of any motion to be introduced at such meeting
dealing with amendment to the Bylaws, or any other matter specified by the Board. (c) Financial statements of the Association must be provided to the Members not less than seven (7)
days before the start of an annual general meeting held under

Section 10 of the Act. (d) Notice of a general meeting may be delivered by personal delivery, transmitted by electronic mail,
or sent by registered, certified, regular, or express mail, postage prepaid. If notice is delivered or
transmitted by electronic mail it will be deemed to have been received on the first business day
after the date it was delivered or transmitted; or if sent by mail, on the third (3rd) business day
after the date it was sent. 3.7 Minor Amendments to the Bylaws
(a) Authority to make minor amendments to the Bylaws, from time to time, is delegated to the Board
pursuant to

section 5(2) of the Act. (b) Any bylaw amendment passed by the Board under Part 3.7(a) will be of no further force or effect
if not ratified by the members at the next annual general meeting following the date upon which
the bylaw amendment takes effect according to

section 5(4) of the Act. 4. The Board
4.1 Powers and Responsibilities
In addition to powers granted to the Board in accordance with the Act:
(a) The Board is responsible for establishing policy for the admission of Land Surveyors in Training to
articles and to admission to the Association. (b) The Board may establish a schedule of forms to be used for implementing the provisions of the Act
and these Bylaws. The Board may, from time to time, approve new forms and amend existing
forms. (c) The Board may appoint standing or special committees and name the chair of each one. (d) The President is an ex-officio member of all committees.

(e) Excepting a hearing convened in accordance with sections 60 to 64 of the Act, the Board and every
committee of the Board may deal with any matters within the scope of its authority. (f) Policies to be established by the Board under these bylaws must be approved as draft policies, by
not less than two-thirds (2/3) of Board members entitled to vote and present at a meeting of the
Board. The approved draft policies will be circulated to the membership for comment and then
submitted for second reading by the Board at a subsequent Board meeting. Policies approved by
two-thirds (2/3) of Board members entitled to vote and present during second reading shall
become final.

(g) The Board is authorized by resolution to set fees or charges, payable to the Association, to cover
administrative costs, and expenses related to the keeping of records. 4.2 Remuneration
(a) The Board will maintain a policy identifying the role and duties of the President, Vice President,
Past President, and other members of the Board. (b) For undertaking the duties identified in the policy established under Part 4.2(a), Board members
will receive an honorarium, for each year of service, as follows:
(i) the President will receive $10,000;
(ii) other Board members, except the Secretary and Surveyor General, will receive $2,500.

Page 2 of 21
(c) Board members will receive $250.00 per day for undertaking duties other than those identified in
the policy established under Part 4.2(a). (d) Board members will be reimbursed for expenses in accordance with the expense policy established
by the Board. (e) Subject to the policies established pursuant to Parts 4.2(a) and 4.2(d), Members of the Association
or representatives of the Board, in the exercise of any task delegated or authorized by the Board
may, at the discretion of the Board, be paid an honorarium of up to $250.00 per day, plus expenses.

4.3 Meetings
The Board and every committee of the Board may conduct meetings by joining any number of locations by
telephone, internet enabled cameras or any other means of communication that allows all persons
participating in and entitled to vote at the meeting to communicate with each other, and for that purpose
the Board will maintain a policy with respect to the conduct of such meetings. 5. Election of the Board and Executive Officers
5.1 Election of Executive and Terms of Appointment
(a) At each annual general meeting, the Members must elect one Practising Land Surveyor to serve as
Vice President, commencing on the first day following the adjournment of the annual general
meeting.

(b) No Practising Land Surveyor may serve as Vice President unless he or she has served on the Board
for at least one (1) full term as a member at large. (c) On the first day following the adjournment of the annual general meeting, the Vice-President in
the preceding year becomes President, and the President in the preceding year becomes Past
President. The terms of office of the President, Vice President and Past President conclude at the
end of the last day of the annual general meeting the following year.

5.2 Election of Board Members-at-Large and Terms of Appointment
At each annual general meeting, the Members must elect two (2) Practising Land Surveyors to serve on the
Board as members-at-large, each for a term of two (2) years, commencing on the first day following the
adjournment of the annual general meeting. 5.3 Nominations
(a) Board nominations of Practising Land Surveyors to stand for election to the Board and for Vice
President will be circulated to the Association not less than ninety (90) days prior to the date of
the annual general meeting at which the election is proposed to take place. (b) To stand for election, nominees must be Practising Land Surveyors and must consent to their
nomination in writing.

Nominees may withdraw their nomination not later than sixty (60) days
before the commencement of the annual general meeting, by delivering written notice to the
Secretary of the Association. (c) Under special circumstances the President may approve a nominee withdrawing their nomination
at any time prior to the election, provided at least one (1) nomination for each vacancy remains. 5.4 Balloting
The Secretary must:
(a) appoint scrutineers to count the ballots;
(b) ensure that all ballot papers are opened at the appointed time during the annual general meeting,
in the presence of the scrutineers; and
Page 3 of 21
(c) record the final results in the record book. 6.

Finances
6.1 Accounting
Each year the Board must appoint a firm of qualified accountants to conduct an annual review of the
financial records of the Association, and to report their findings to the Board. 6.2 Secretary and Chief Administrative Officer Remuneration
The remuneration of the Secretary and the Chief Administrative Officer must be reviewed and established
annually by the Board. 6.3 Annual Budget
An annual budget approved by the Board, in accordance with Board policy, must be presented at each
annual general meeting. 6.4 Contingency Fund
(a) A general contingency fund must be maintained with a minimum balance equal to one quarter
(1/4) of the total ordinary expenses of the Association from the last approved Association financial
statements.

(b) This fund may be accessed from time to time to cover extraordinary expenditures and must be
replenished as directed by the Board in order to ensure compliance with Part 6.4(a). (c) The Board may also establish separate contingency funds, in accordance with policy established
by the Board, for the benefit of the Practice Advisory Department, the Electronic Checklist Registry
and any other program established and operated by or on behalf of the Association. 6.5 Banking
(a) The Board must appoint a chartered bank under the Bank Act, SC 1991, c 46, to act as the banker
of the Association.

(b) Withdrawals of up to $15,000.00 must be made with the written authorization of any two (2) of
the Treasurer, Chief Administrative Officer, Financial Assistant, President, or Vice President. Withdrawals which exceed $15,000.00 must be made with the written authorization of one of the
President or the Vice President and one of the Treasurer or Chief Administrative Officer. 6.6 Funding for Specific Programs
(a) The Association may collect a fee for every plan signed by a Land Surveyor in preparation for filing
at the Crown land registry or in the land title register.

Subject to the discretion of the Board and in
accordance with Board policies, the fee will be used to fund programs in support of quality
assurance, practice advisory, professional development, and protection of the public interest. (b) Any change to the fee will be determined by the Members at a general meeting. PART C - PRACTICE OF LAND SURVEYING
7. Membership
7.1 Annual Membership Fee
(a) Subject to Parts 7.1(e) and 7.1(g), the annual fee for Practising Land Surveyors is $1,620. (b) The annual fee for Nonpractising Land Surveyors, other than those on the retired list, is $250. (c) The annual fee for Nonpractising Land Surveyors on the retired list is $100.

Page 4 of 21
(d) The annual fee for each Land Surveyor Associate and Land Surveyor in Training will be established
by the Board. (e) Except where otherwise provided by the Board, fees are payable on account of the calendar year
and are due by January 31 of that specific calendar year. (f) The annual fee for Practising Land Surveyors in the current year will be 65% of that shown in item
(a) above when a new member is sworn in or affirmed after June 30th in a given year.

(g) Every Nonpractising Land Surveyor, Land Surveyor in Training and Land Surveyor Associate is
entitled to receive all publications and papers circulated to the Members, and may attend all
general meetings, but is not entitled to vote at any general meeting or vote for the election of
officers. (h) Authority to increase the annual fee for Land Surveyors to further the objectives of the Association
by an amount not to exceed 5% of the annual fee set out in Bylaw 7.1(a) is delegated to the Board

section 5(2) of the Act. This authority includes the authority to update Bylaw 7.1(a)
annually to reflect the annual fee in effect each year. 7.2 Transfers of Membership Status
(a) A Practising Land Surveyor seeking to transfer to the status of Nonpractising Land Surveyor or
otherwise to cease holding membership in the Association must give notice in writing to that
effect, addressed to, and received by the Secretary, before the first day of January in the year in
which the change of status is to take effect. (b) Each year, on the first business day following January 31, the Secretary will update the roster of
Members with the names of those Members who have paid fees for the current year.

(c) A Member whose name has been entered on the list of Nonpractising Land Surveyors may, at any
time, make written application to the Board for reinstatement to the list of Practising Land
Surveyors, and on:
(i) confirmation, to the satisfaction of the Board, that the Member meets the requirements
of professional competency established by Board policy;
(ii) payment of all outstanding arrears of fees, dues and other monies payable to the
Association, together with such other sums as may be payable to the Association pursuant
to

section 34(2) of the Act; and
(iii) payment of any fees for Practising Land Surveyors payable in the year of the application,
less any fees actually paid by the Member in the year of the application for nonpractising
status,
the Secretary will reinstate the Member to practising status.

(d) Any Member who ceases to be a Practising Land Surveyor only by reason of non-payment of annual
membership fees may, at any time, make a written application to the Board for reinstatement to
the list of Practising Land Surveyors, and on providing:
of professional competency established by Board policy; and
(ii) payment of all outstanding arrears of fees, dues, and other monies payable to the
to

section 34(2) of the Act,
the Secretary will reinstate the Member to practising status. (e) At the direction of the Board, a Member who is in default of the fees payable to the Association
will be struck from the respective roster, and will thereafter forfeit all Member benefits. Page 5 of 21
(f) A Member who has resigned or who has had their name struck from the roster, for non-payment
of fees, may be reinstated on complying with the provisions of s. 49(4) of the Act.

7.3 Life Membership in Association
(a) A Member who is 65 years of age or over, whose combined age and years on the Practising List
total 100 or greater, and who merits such honour, may be nominated by the Board at an annual
general meeting for designation as a Life Member of the Association (a “Life Member”). (b) A Life Member does not have to pay any annual Membership fees or dues to the Association.

7.4 Retired Membership
(a) Land Surveyors who are over the age of 55 years or who have, on application to the Board, received
special dispensation, may elect to become a retired nonpractising land surveyor (a “Retired
Member”), on providing written notice to the Secretary before the first day of January in the year
when the change of status is to take effect. (b) Retired Members are not eligible for reinstatement to the list of Practising Land Surveyors, except
with the consent of the Board. (c) A Retired Member is entitled to receive all publications and papers circulated to the Members, and
may attend all general meetings, but is not entitled to vote at any general meetings or vote for the
election of officers.

7.5 Honourary British Columbia Land Surveyors
The Board may nominate for designation at an annual general meeting, as an honourary British Columbia
Land Surveyor, any Person who is not a Land Surveyor and who, in the opinion of the Board, has provided
exceptionally outstanding service to the Association. 8.

Entry into the Profession
8.1 Requirements for Admittance to the Association as a Land Surveyor in Training
(a) A Person, who complies with the following, may qualify as a Land Surveyor in Training:
(i) provides proof of their application for a certificate of completion from the Canadian Board
of Examiners for Professional Surveyors; or
(ii) provides a British Columbia Institute of Technology Bachelor’s Degree in Geomatics along
with the transcript of marks showing that the candidate has achieved an overall average
of no less than 70% with no course less than 60% for all courses as required by Board
policy;
and
(iii) enters into articles with a Practising Land Surveyor, who has been a Practising Land
Surveyor for a minimum of three (3) years.

The form of articles will be in such form as
may be approved or amended by the Board; and
(iv) pays the administration fee for assessment and the annual dues set by the Board. (b) A Land Surveyor in Training must pay annual fees each year in the amounts specified by the Board,
no later than January 31. (c) A Land Surveyor in Training must serve a term of articles of not less than 12 months and not more
than 32 months and include an appropriate training period performing field and office work in
British Columbia, unless deemed otherwise by the Board. (d) A Land Surveyor in Training may, from time to time, transfer articles to or enter into new articles
with another Practising Land Surveyor.

Time already served may count as part of the required
Page 6 of 21
article period. Previous articles must be properly endorsed prior to transfer. In the event that the
land surveyor will not endorse the transfer, the Board has the authority to endorse the transfer. 8.2 Requirements for Admittance to the Association as a Land Surveyor Associate
(a) A Person, who complies with the following, will qualify as a Land Surveyor Associate:
(i) provides evidence of registration as the equivalent of a Practising Land Surveyor with a
professional land surveying association in Canada;
(ii) satisfies the Board of their competence, conduct and character; and
(iii) pays an administration fee for assessment and the annual dues set by the Board.

(b) A Land Surveyor Associate must pay annual fees each year in the amounts specified by the Board,
no later than January 31. 8.3 Requirements for Admittance to the Association as a Land Surveyor
(a) Candidates qualified as Land Surveyor in Training through Part 8.1(a)(i) must submit a certificate
of completion from the Canadian Board of Examiners for Professional Surveyors. (b) All candidates for membership as a land surveyor must demonstrate competence and proficiency
in the practice of land surveying though:
(i) providing peer evaluations that attest to their knowledge, skills, and abilities;
(ii) completion of one of more field projects; and
(iii) completion of one or more examinations
according to criteria defined in Board policy.

(c) Candidates for membership as Land Surveyors in the Association are required to submit to and, in
the opinion of the Board, successfully complete a professional assessment interview conducted in
the manner prescribed by the Board. (d) To fulfill the requirements of 8.3(b)(i) the candidate requires either an approval of a discharge from
articles or an exemption from serving a term of articles. (e) To pass each examination and field project, all candidates are required to obtain not less than 70%. (f) The fee for the examinations is set by the Board and is not refundable.

(g) After passing the examinations, the candidate must pay:
(i) the fee for commission, as set by the Board;
(ii) the current annual dues for a Land Surveyor; and
(iii) a fee for publishing the candidate’s name in the Gazette. 8.4 Exemptions
a. Notwithstanding any other provision in Bylaw 8, the Board may, according to a policy established
by the Board, exempt any person seeking qualification as a Land Surveyor in Training, from one or
more of the requirements stipulated in Bylaws 8.1(a)(iii), 8.1(c) or 8.1(d). b. Land Surveyor Associates are exempt from the requirements of Bylaws 8.3(b)(i), 8.3(b)(ii) and
8.3(c). 9.

Insurance
9.1 Professional Liability Insurance
(a) Effective June 1, 2019, every Practising Land Surveyor must maintain professional liability
insurance in an amount and on such terms as specified in these Bylaws or by Board policy. The
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Board policy shall set out the minimum insurance coverage per loss and per insurance policy period
for a Practising Land Surveyor. In no event will the amount be less than $1,000,000 per loss and
$2,000,000 per policy period. (b) Unless there is a conflict with these bylaws or the Act, a Practising Land Surveyor is bound by, and
must comply with, the terms and conditions of their professional liability insurance.

(c) A Practising Land Surveyor is exempt from Part 9.1(a) if he or she does not engage directly or
indirectly in the practice of land surveying for the general public, with or without compensation,
and:
(i) is a Life Member of the Association;
(ii) is employed by a municipal, provincial, or federal government, a government agency, a
Crown corporation, or the Land Title and Survey Authority of British Columbia; or
(iii) the Board so permits. (d) Unless otherwise exempted by the Act or these Bylaws, every policy of professional liability
insurance must, at a minimum, provide insurance coverage for any and all actions undertaken at
any time by that Member as a Land Surveyor.

If the policy of insurance limits in any respect
coverage for past actions, the Member must also carry a separate “past actions” professional
liability insurance policy. (e) Subject to Part 9.1(f), every Practising Land Surveyor must forward to the Secretary, on an annual
basis, a declaration that the land surveyor:
(i) is covered by professional liability insurance in accordance with Part 9.1(a) and 9.1(d) and
that they will maintain uninterrupted coverage until such time as they have notified the
secretary of exemption pursuant to Part 9.1(c); or
(ii) is exempt from maintaining professional liability insurance coverage pursuant to Part
9.1(c) and that they will not practice land surveying for the general public until they have
notified the Secretary in accordance with this Part.

(f) A life member who does not engage directly or indirectly in the practice of land surveying is not
required to file a declaration under Part 9.1(e). PART D - CORPORATIONS, PARTNERSHIPS AND OTHER BUSINESS RELATIONSHIPS
10. Name of Business
(a) Members may only practice or otherwise do business as a Land Surveyor under a name or style
that has been approved by the Board in accordance with policies established by the Board. (b) The Board shall not approve a name, which, in the sole discretion of the Board, is self-laudatory,
misleading to the public or fails to maintain the dignity of Land Surveyors or the Practice of Land
Surveying.

(c) The Board must not require any Member to change or alter the name or style under which that
Member does business if the Board previously approved the use of that name. 11. Partnerships and Joint Practices
(a) Subject to the approval of the Board, Members may enter into partnerships or joint practices, to
provide an integrated service to the public. (b) The Board may establish and amend policy for the conduct of the practice of land surveying, within
a partnership or joint practice. Page 8 of 21
12.

Offices
No Land Surveyor or group of Land Surveyors may conduct business from any location unless a Land
Surveyor supervises the operations of that location, in accordance with bylaw 14.2(b) and policy established
by the Board. PART E - ETHICS, CONDUCT AND PROFESSIONAL RESPONSIBILITY
13. Code of Ethics
Every Member:
(a) must, at all times adhere to the Code of Ethics as prescribed in Schedule F of the Schedule of Forms.

Schedule F may only be amended by a majority of voting members at an annual general meeting;
(b) must, at all times, abide by their oath or affirmation of office;
(c) must not give any oath, swear any affidavit, make a statement in any certificate, or issue any plan
or sketch which the Member knew or should reasonably have known was untrue, inaccurate, or
misleading. 14. Regulations Respecting Professional Conduct
14.1 Services
(a) No Member shall provide land surveying services to more than one (1) person, in connection with
the same matter, without the knowledge and informed consent of each such person.

(b) Members must observe all:
(i) British Columbia professional land surveying standards;
(ii) Survey Rules; and
(iii) other rules established by statute
governing the conduct of British Columbia Land Surveyors. (c) When engaging in the practice of land surveying:
(i) Members must carry out assignments and professional commitments diligently, skillfully,
and promptly, and are not excused from doing so by reason only of financial constraint. (ii) No Member will make any fraudulent charge for services rendered to any person. (d) Advertising or promotion by a Member
(i) must be truthful;
(ii) must not by design mislead any person;
(iii) must be presented in a manner maintaining the dignity and honour of land surveyors and
the practice of land surveying.

14.2 Professional Responsibility
(a) A Member is responsible for every survey or other survey related instrument that Member
prepares or signs. (b) A Member must not knowingly permit any representation or perception that a third party was
responsible for any survey or other instrument prepared or signed by that Member. 14.3 Projects of Other Members
[Repealed]
Page 9 of 21
14.4 Undertakings
(a) Members must strictly and scrupulously fulfill every undertaking given to any other person. (b) No Member should give or demand an undertaking that cannot be fulfilled. (c) For the purpose of this Part, an “undertaking” is a formal promise, given by a Member, in that
Member’s professional capacity.

14.5 Land Surveyors in Training
(a) A practising land surveyor maintains ultimate responsibility for the supervision of a land surveyor
in training and oversight of all land surveying practice. (b) A land surveyor in training must be identified as such in correspondence and documents that he
or she prepares, and the practising land surveyor responsible for the file must be indicated. A practising land surveyor may be held responsible for any breach of bylaw or unprofessional
conduct committed by a land surveyor in training under his or her supervision. 15. Revoking Right to Practice
No Member who fails to comply with:
(a)

Section 49(1) of the Act;
(b) Part 9.1(e) of these bylaws; or
(c) Part 19.2(b) of these bylaws,
shall engage in the practice of land surveying, hold themselves out as a Member in good standing with the
Association or otherwise exercise any privilege accorded to Members, unless and until that Member has:
(i) confirmed, to the satisfaction of the Board, that the Member has complied with all statutory
requirements and requirements imposed by Bylaw as they relate to Parts 15(a), (b) and (c);
(ii) paid to the Association, all outstanding arrears of fees, dues, and other monies (including all
amounts due in accordance with

Section 34(2) of the Act), together with an administrative fee,
fixed in accordance with Board policy, not to exceed Five Hundred ($500.00) Dollars per
occurrence. 16. Unprofessional Conduct
Any Member who:
(a) breaches Part 13 of these bylaws;
(b) breaches Part 14.4 of these bylaws;
(c) breaches Part 15 of these bylaws;
(d) breaches Part 23 of these bylaws;
(e) is determined by the Board to be incompetent, meaning:
(i) to lack an adequate knowledge of, to have demonstrated neglect of, or to have failed to
exercise the ordinary skills of a member; or
(ii) to have breached the requirements of any statute of British Columbia or the regulations or
bylaws made thereunder respecting the Practice of Land Surveying or British Columbia land
surveyors.

(f) is determined by a court of competent jurisdiction, to have committed an act of theft,
embezzlement, or fraud or to have committed an offence which is punishable by a period of
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incarceration; or
(g) engages in the practice of land surveying while suspended contrary to an Order of the Board
issued under

Section 60 of the Act
may be guilty of unprofessional conduct. PART F - COMPETENCY
17. Practice Advisory Program
17.1 Practice Advisory Panel
(a) Subject to Part 17.1(e), the Practice Advisory Panel will consist of not less than four (4) Members
appointed by the Board for a term, to be set by the Board, not less than one (1) year and not more
than three (3) years. (b) No Member shall sit on the Practice Advisory Panel for a period of more than six (6) consecutive
years, unless otherwise authorized by the Board.

(c) The Practice Advisory Panel will annually appoint one (1) member of the Practice Advisory Panel
to serve as chair and a second Member to serve as vice-chair, both positions to be held for a term
of one (1) year, to a maximum of two (2) consecutive years. (d) To be eligible for appointment to the Practice Advisory Panel, a Member must have been, at the
time of appointment, a practicing land surveyor for a period of at least five (5) years.

(e) At any time, the Board may remove any member of the Practice Advisory Panel, appoint a Member
to the Practice Advisory Panel to replace the chair or a member-at-large who resigns or otherwise
ceases participation in the Practice Advisory Panel, or to increase the number of Members
appointed to the Practice Advisory Panel. (f) The Practice Advisory Panel and the Practice Advisory Department shall operate in accordance
with policy approved by the Board. 17.2 Objectives of the Practice Advisory Panel
(a) develop programs to assist Members to practice land surveying competently; and
(b) support and provide guidance to the Practice Advisory Department.

17.3 Continuing Education
The Practice Advisory Panel, through the Practice Advisory Department and the Continuing Professional
Development Committee, may fund, develop, support or promote any educational program intended to
improve a Member’s knowledge or skill in the practice of land surveying. 17.4 Reviews
(a) Subject to Part 17.4(b) and 17.4(c) and any policy established by the Board in accordance with Part
17.8, the Practice Advisory Department may review any plans, files, documents or records of a
Member. (b) Reviews conducted in accordance with this bylaw will emphasize continuing professional
development. (c) The Practice Advisory Department must not review documents or records of a financial,
contractual or employment nature relating to that Member’s practice without the Member’s
consent or an order of the Board.

(d) Upon completion of a review, the Practice Advisory Department shall prepare and deliver a report
Page 11 of 21
to the Member in accordance with policy established by the Board. 17.5 Action by the Practice Advisory Panel
The Practice Advisory Panel may refer to the Complaint Inquiry Committee any matter giving the Practice
Advisory Panel reasonable cause to believe that a Member has engaged in unprofessional conduct or has
otherwise breached the Act or any other statute or regulation governing the profession of land surveying,
these Bylaws, the Survey Rules or generally accepted standards of the practice of land surveying.

17.6 Appeal
Other than a decision of the Practice Advisory Panel made under Part 17.5, a Member will have the right,
within 30 days following receipt of a report, to appeal to the Practice Advisory Panel, any findings or
recommendations of the Practice Advisory Department.

17.7 Confidentiality
(a) Except for the purpose of complying with the objectives of the Act or with these Bylaws, the Board,
the Practice Advisory Panel, and every person participating in a review under Part 17.4 other than
the Member being reviewed must hold, in confidence, and must not disclose to any third party:
(i) all information and documents received during the conduct of a review;
(ii) any report prepared for or on behalf of the Practice Advisory Panel; or
(iii) any action taken, or decision made by the Practice Advisory Panel.

(b) Despite Part 17.7(a), the Practice Advisory Panel may disclose information that is otherwise to be
held in confidence:
(i) with the consent of the Member;
(ii) to the Complaint Inquiry Committee or the Board, where the Practice Advisory Panel has
reasonable grounds to believe that the Act or these Bylaws have been breached or that a
Member has engaged in unprofessional conduct;
(iii) to the Surveyor General or to a law enforcement agency, where the Practice Advisory Panel
has reasonable grounds to believe that a Member has committed an offence; or
(iv) where required to do so, by court order.

17.8 Policy
The Board may establish policy, as it considers necessary, to achieve the objectives of the Practice Advisory
Program including, without limitation, policy relating to the procedure and conduct of a review under Part
17.4 and the conduct of an appeal under Part 17.6. 18. Calibration
(a) All equipment used in a survey must be adjusted, calibrated and standardized. (b) Land Surveyors must keep records of calibration and standardization results and carry out
sufficient analysis of the data to prove that the equipment is operating to a standard acceptable
to the Board. 19.

Continuing Professional Development
19.1 Continuing Professional Development Program
(a) In this Part:
meeting or other activity, that is in accordance with the policy established by the Board in
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accordance with Part 19.4. “Continuing Professional Development Committee” means the Board, or a committee appointed
by the Board and to whom the Board has delegated authority for the purposes of this Part. “Continuing Professional Development Cycle” means, with respect to a Member, a three (3) year
Committee, and then each rolling three year period thereafter.

“Continuing Professional Development Program” means, in each Continuing Professional
Development Cycle, a minimum of 45 credit hours of Approved Professional Development, or such
other minimum number of hours determined by resolution of the Board in the calendar year
immediately preceding commencement of such Continuing Professional Development Cycle. 19.2 Requirement to Complete and Report Mandatory Professional Development
(a) Before December 31 in each calendar year, every Member who is not excused in accordance with
Part 19.2(c) or Part 19.3(b) must disclose to the Secretary, in a form approved by the Board,
Approved Professional Development completed by that Member in such calendar year.

(b) Before December 31 in the last year of each Continuing Professional Development Cycle, every
Member who is not excused in accordance with Part 19.2(c) or Part 19.3(b) must certify to the
Secretary, in a form approved by the Board, that the Member has fulfilled the requirements of the
Continuing Professional Development Program for that Continuing Professional Development
Cycle. (c) The Continuing Professional Development Committee may recommend to the Board
circumstances in which a member, meeting specific criteria established by the Board, may be
excused from completing part or all of the Continuing Professional Development Program.

19.3 Failure to Complete or Report Continuing Professional Development
(a) Except to the extent excused in accordance with Part 19.2(c), and subject to Part 19.3(b), a
member who fails to comply with either Part 19.2(a) or Part 19.2(b) will have their right to practice
revoked in accordance with Part 15. (b) The Board may, in its discretion and where special circumstances exist, defer the actions of Part
15 in accordance with Part 19.3(a) for such period of time as the Board deems reasonable.

(c) At least 30 days before revoking the right to practice under Part 19.3(a), the Secretary must deliver
to the member a notice setting out:
(i) the date upon which Part 15 will take effect;
(ii) the reason for revoking their right to practice;
(iii) the means by which a member may apply to the Board for relief under Part 19.3(b). 19.4 Continuing Professional Development Program Policy
The Board shall publish and distribute to each member a policy with respect to the Continuing Professional
Development Program, setting out, among other things:
(i) Approved Professional Development categories;
(ii) the prescribed circumstances and specific criteria set out in Part 19.2(c);
(iii) guidelines for the exercise of any discretion pursuant to Part 19.3(b).

Page 13 of 21
PART G - COMPLAINTS AND DISCIPLINE
20. Unauthorized Practice
20.1 Facilitation of Unauthorized Practice
(a) A member must not knowingly facilitate, by any means, the practice of land surveying by a person
who is neither a practicing land surveyor nor a person permitted to engage in the practice of land
surveying under

section 59 of the Act. Without limitation, a member must not act as an agent or
permit his or her name to be used or held out in any way that enables a person to engage in the
unauthorized practice of land surveying. (b) Except as provided in Part 14.1(d), no Member may offer or pay a commission or other form of
compensation to secure work to any person other than an employee or partner of that Member
or the Member’s land surveying firm. 20.2 Board Authority to Respond to Illegal Practice
If the Board is satisfied that there is reason to believe that there is or will be a contravention of

Section 59
of the Act, the Board may take such action as it deems necessary and, for this purpose, may authorize the
payment of legal or other fees. 20.3 Publication
When the Board obtains a court order or an agreement restraining a person from the unauthorized practice
of land surveying, the Board may, in order to protect the public interest, publish a summary of the
circumstances and of the order or agreement, in such form as the Board may specify. 20.4 Employment
(a) A Member may not accept employment as a Land Surveyor with any entity that is not duly qualified
under the Land Surveyors Act or these Bylaws to provide land surveying services in British
Columbia.

(b) Nothing in this Part prohibits a Member from accepting employment as a Land Surveyor with any
entity that does not, as between it and the public, engage in the practice of land surveying. 21. Complaint Inquiry Committee
21.1 Appointment
(a) Subject to Part 21.1(f), the Complaint Inquiry Committee will consist of not less than three (3)
Members appointed by the Board for a term, to be set by the Board, of not less than one (1) year
or more than three (3) years. (b) The Board may appoint up to two public representatives, who are not Members, to the Complaint
Inquiry Committee for a term to be set by the Board of not less than one (1) year or more than
three (3) years.

(c) No person shall sit on the Complaint Inquiry Committee for a period of more than six (6)
consecutive years, unless otherwise authorized by the Board. (d) The Complaint Inquiry Committee will annually appoint one (1) member of the Complaint Inquiry
Committee to serve as chair, for a term of one (1) year. (e) To be eligible for appointment to the Complaint Inquiry Committee, a Member must have been,
at the time of appointment, a practicing land surveyor for a period of at least five (5) years.

(f) At any time, the Board may remove any person from the Complaint Inquiry Committee, appoint a
person to the Complaint Inquiry Committee to replace the chair or a member-at-large who resigns
or otherwise ceases participation in the Complaint Inquiry Committee, or increase the number of
Members appointed to the Complaint Inquiry Committee.

Page 14 of 21
21.2 Conflict of Interest
A member of the Complaint Inquiry Committee who is directly or indirectly interested in the investigation
of a complaint must:
(i) promptly and fully disclose to the Complaint Inquiry Committee the nature and extent of the
interest; and
(ii) abstain from participating in the investigation of the complaint, in any action taken by the
Complaint Inquiry Committee to address the complaint, or in any hearing or inquiry conducted by
the Board, in accordance with the Act, unless summoned to appear. 21.3 Complaints
(a) Any person may deliver a written complaint against a Member to the Secretary.

(b) The Secretary must forward, to the Complaint Inquiry Committee, any complaint, which the
Secretary is unable to resolve in a manner satisfactory to Complainant. (c) Written information received from any source indicating, in the opinion of the Complaint Inquiry
Committee, that the conduct of a Member may constitute a violation of the Act or any other
statute or regulation governing the profession of land surveying, these Bylaws, the Survey Rules,
or generally accepted practice standards, must be treated as a complaint under this Part. 21.4 Investigation
(a) Subject to Part 21.4(b) and (c), the Complaint Inquiry Committee must investigate every complaint
received. (b) The Complaint Inquiry Committee may, at any time, attempt to resolve a complaint through
mediation or other informal means.

(c) Unless otherwise directed by the Board, the Complaint Inquiry Committee may decline to
investigate a complaint if it is satisfied that the complaint:
(i) is outside the jurisdiction of the Association;
(ii) is frivolous, vexatious, or an abuse of process; or
(iii) does not allege facts that, if proved, would constitute a violation of any statute
governing the profession of land surveying, these Bylaws, the Survey Rules, or generally
accepted practice standards. (d) The Complaint Inquiry Committee must deliver a copy of the complaint to every Member about
whom the complaint is made.

(e) Despite Part 21.4(d):
(i) the Complaint Inquiry Committee may delay notifying a Member of a complaint for such
period of time as the Complaint Inquiry Committee considers necessary for the effective
investigation of the complaint;
(ii) the Complaint Inquiry Committee may, on the request of the complainant, and must, at
the direction of the Board, refrain from identifying the complainant or providing
information of a personal or private nature.

(f) Every Member must cooperate fully with an investigation conducted under this part, and without
limiting the generality of the foregoing, must respond fully and substantively, in the form specified
by the Complaint Inquiry Committee:
(i) to the complaint; and
(ii) to all correspondence from the Complaint Inquiry Committee, for which a response has
Page 15 of 21
been requested.

(g) In conducting an investigation under this part, the Complaint Inquiry Committee may:
(i) require production of a Member’s files, documents and other records for examination or
copying;
(ii) require a Member to:
(A) attend an interview,
(B) answer questions and provide information relating to matters under
investigation, or
(C) cause an employee or agent of the Member to answer questions and provide
information relating to the investigation;
(iii) enter the business premises of the Member, on reasonable notice, between the hours of
8:00 AM and 5:00 PM, or at such other time as may be agreed with the Member.

(h) A Member who is required to produce files, documents and other records, provide information or
attend an interview under Part 21.4(g) must comply with the requirement as soon as practicable
and, in any event, by the time and date set bythe Complaint Inquiry Committee. (i) Nothing in Part 21.4 will deprive the Member of the right to seek the advice of or to be represented
by legal counsel.

21.5 Action by the Complaint Inquiry Committee
(a) After investigating a complaint, the Complaint Inquiry Committee must refer the complaint and
any recommendations to the Board, unless the Complaint Inquiry Committee is satisfied that:
(i) the complaint is not valid;
(ii) the complaint does not disclose conduct warranting further action; or
(iii) the matter giving rise to the complaint has been resolved. (b) The Complaint Inquiry Committee must provide both the Member and the complainant with the
determination summarizing:
(i) the action taken under Part 21.5(a);
(ii) reasons supporting any decision to take no further action, where applicable; and
(iii) instructions for appealing a decision of the Complaint Inquiry Committee.

21.6 Appeal
(a) A complainant may appeal to the Board, within thirty (30) days following receipt of any decision
of the Complaint Inquiry Committee under Part 21.5(a). (b) On receiving an appeal filed pursuant to Part 21.6(a), the Board must designate three people as
Appeal Officers, one of whom must be a member of the Board, to review the complaint. (c) In reviewing a complaint, the Appeal Officers may:
(i) Review all documents obtained, collected, or produced by the Complaint Inquiry
Committee; and
(ii) Interview or question the complainant, the surveyor, or any other person who is or may
be a witness or who may have information considered relevant to the complaint being
reviewed.

(d) After conducting a review, the Appeal Officers must do one of the following:
Page 16 of 21
(i) confirm the decision of the Complaint Inquiry Committee;
(ii) return the complaint to the Complaint Inquiry Committee for further investigation;
(iii) recommend that the Board conduct an inquiry or hearing in accordance with the Act and
these Bylaws. (e) Subject to Part 21.6(f), the Appeal Officers must inform the complainant and the Member of the
decision under Part 21.6(d) and the reasons, therefore. (f) In making a recommendation pursuant to Part 21.6(d)(iii), the Appeal Officers must describe the
nature of the complaint, but not any evidence in support of the complaint or against it.

(g) Appeal Officers making a recommendation pursuant to Part 21.6(d)(ii) or Part 21.6(d)(iii) must not
participate in any inquiry or hearing convened by the Board according to the Act and these Bylaws
with respect to the complaint. 21.7 Inquiries
(a) Upon consideration of a reference received from the Complaint Inquiry Committee pursuant to
Part 21.5(a) or from an Appeal Officer pursuant to Part 21.6(c)(iii), the Board may conduct an
inquiry in accordance with the Act.

(b) In any inquiry:
(i) the Board may give directions, consistent with the Act and these Bylaws respecting the
conduct of the inquiry, including but not limited to the date, time and location for hearing
as well as any procedural aspect;
(ii) a representative of the Complaint Inquiry Committee will present evidence and make
submissions to the Board in support of the complaint, and for that purpose may retain
counsel;
(iii) the Member must be informed of their right to retain counsel;
(iv) the onus to establish, on a balance of the probabilities, that a Member engaged in conduct
constituting a breach of the Act or any other statute governing the profession of land
surveying, these Bylaws, the Survey Rules, or generally accepted practice standards rests
with the Complaint Inquiry Committee;
(v) notwithstanding Part 21.7(b)(iv), the Board may draw an adverse inference from the
refusal of a Member to attend an inquiry, to be sworn or to answer to the satisfaction of
the Board any questions put to the Member;
(vi) the Complaint Inquiry Committee must fully disclose to the Member, prior to the actual
inquiry, all evidence which it intends to present to the Board;
the Board may admit as evidence any oral or written testimony, record, or other thing
that the Board considers credible or trustworthy and which is relevant to the subject
matter of the inquiry, whether or not that evidence would be admissible in a court of
competent jurisdiction.

21.8 Confidentiality
(a) No Person may disclose any information or records forming part of the investigation of a complaint
conducted by the Complaint Inquiry Committee or an inquiry conducted by the Board except for
the purpose of complying with the objectives of the Act, these Bylaws, or a court order. (b) Despite Part 21.8(a), the Board may direct the Complaint Inquiry Committee to disclose any
information or records forming part of the investigation of a complaint conducted by the
Page 17 of 21
Complaint Inquiry Committee to the Surveyor General or to a law enforcement agency, where the
Board has reasonable grounds to believe that a Member has committed an offence.

21.9 Expedited Complaints
(i) “14.1 Complaint” means a complaint that a member has contravened Bylaw 14.1(a) or
Bylaw 14.1(b). (ii) “14.1 Summons” means a summons issued according to Bylaw 21.9(c). (iii) “Acceptance Notice” means written notice, in a form established by the Board,
acknowledging contravention of a Bylaw as outlined in a 14.1 Complaint, and accepting
the penalty described in a 14.1 Summons. (b) Unless the Board otherwise directs, a 14.1 Complaint will be subject to the procedures outlined in
Bylaw 21.9(c) and 21.9(d).

(c) Following receipt of a 14.1 Complaint from the Complaint Inquiry Committee, the Secretary must
deliver to the member named in the 14.1 Complaint, a summons setting out:
(i) the specific Bylaw or Bylaws which the member is alleged to have contravened;
(ii) a summary of allegations prepared by the Complaint Inquiry Committee;
(iii) copies of all documents to be relied on at a hearing of the 14.1 Complaint;
(iv) the penalty to be assessed according to Bylaw 21.9(f). (d) If a member summoned under Bylaw 21.9(c) does not, within fourteen (14) days, deliver an
Acceptance Notice to the Secretary, the Board must convene a hearing of the 14.1 Complaint.

(e) Hearings
(i) A 14.1 Complaint hearing may be conducted in person, by telephone, or by such other
means of communication as the Board may consider reasonable and appropriate, having
regard to the principles of natural justice. (ii) A member named in the 14.1 Complaint must attend the 14.1 Complaint hearing unless
that member delivers an Acceptance Notice to the Secretary within the time provided in
Bylaw 21.9(d). (iii) At the conclusion of the 14.1 Complaint hearing, the Board may:
(A) dismiss the 14.1 Complaint; or
(B) determine that the member has contravened a Bylaw.

(f) A member determined by the Board, after hearing a 14.1 Complaint, to have contravened a Bylaw
will be censured, and must, if ordered by the Board,
(i) participate in a peer mentoring or educational program, at the member's expense;
(ii) pay a fine, not to exceed:
(A) $500.00 for the first Bylaw contravention;
(B) $1,500.00 for the second Bylaw contravention;
(C) $2,500.00 for the third Bylaw contravention. (g) The Board may, by policy, establish rules, regulations, and procedures for the fair and efficient
resolution of a 14.1 Complaint and the administration of a 14.1 Complaint hearing. Page 18 of 21
22.

Inspection Survey
22.1 Complaints of Incorrect Survey
(a) The Secretary must forward to the Complaint Inquiry Committee any complaint received in writing
showing evidence that a survey or plan made by a Member is incorrect, and that the complainant
has endeavored, without success, to have the Member address such complaint. (b) The Complaint Inquiry Committee may request that the Board appoint a Practising Land Surveyor
to inspect the work about which a complaint has been received. (c) If the Practising Land Surveyor appointed under Part 22.1(b) concludes that the survey or plan
forming the subject of the complaint is in error, the Board may take such steps as it considers
appropriate, including without limitation, engaging a Practising Land Surveyor to correct the survey
or plan.

22.2 Opinion of the Surveyor General
In order to maintain the professional standards of the Association, the Board or the Complaint Inquiry
Committee may seek a report from the Surveyor General with respect to any survey or plan prior or
subsequent to its deposit in the Land Title Office or the Crown Land Registry, and upon receipt of such
report may take such action as the Board considers necessary. 22.3 Costs
The cost of inspection surveys and corrections and any hearing connected therewith, will be borne by the
Member or Members in error, either in whole or in part, and in such proportions respectively as the Board
decides. 23.

Communications and Summons
(a) Members must reply to communications from the Secretary, the Practice Advisory Panel, the
Practice Advisory Department, the Complaint Inquiry Committee and the Board requiring a
response by the date specified in that communication. (b) Any summons issued by the Board in accordance with

section 61 or section 62 of the Act must
specify:
(i) the place of appearance, which must be within the Province of British Columbia;
(ii) the time of appearance, which must not be less than ten (10) days after delivery of the
summons. (c) Any Member who, without reasonable excuse, fails to appear as directed in a summons, is guilty
of unprofessional conduct. The burden of establishing “reasonable excuse” rests with the Member. 24. Special Measures Fund
24.1 Special Measures Fund Program
“Special Measures Fund” means a fund created for purposes set out in Part 24.2.

24.2 Purposes of the Special Measures Fund Program
For the better protection of the public interest, the fund is established to facilitate mitigation of a member’s
act or acts of gross or willful negligence, wanton recklessness, or fraudulent activity, for which insurance is
not or may not be available. 24.3 Action by the Board
The Board may, but is not obligated to, expend part or all of the Special Measures Fund where it has
Page 19 of 21
determined that:
(a) such expenditure is necessary to protect the public interest;
(b) the failure to expend funds would bring the profession into disrepute.

24.4 Contributions to the Special Measures Fund
Contributions to the Special Measures Fund in an amount set by the Board, must be made annually from
fees collected under Part 6.6(a) if the aggregate amount of the Special Measures Fund is less than
$1,000,000. 24.5 Investing and Managing the Special Measures Fund
(a) The Special Measures Fund must be accounted for separately from other monies held by the

(b) Money held in the Special Measures Fund may be held in one or more accounts insured with
savings institutions in British Columbia or, in accordance with an investment policy established by
the Board, invested in any form of property or security in which a prudent investor might invest,
including a security issued by an investment fund as defined in the Securities Act. (c) Interest or income earned on money held in the Special Measures Fund will become part of the
fund. 24.6 Policy
The Board may establish and amend policy, from time to time, governing the funding, use, and management
of the Special Measures Fund.

Page 20 of 21
I, Lesley Anne Sick, B.C.L.S., Secretary of the Association of British Columbia Land Surveyors,
hereby certify that the foregoing is a consolidated set of bylaws, current to, and incorporating
all amendments made to and including, March 7, 2024. Deposited with the Minister of Water, Land and Resource Stewardship on April 9, 2024, in
accordance with

section 5(5) of the Land Surveyors Act, R.S.B.C. 1996, c. 248, as amended. Lesley Anne Sick, BCLS, Secretary
Page 21 of 21

Section 69(3), Land Title Act
The Surveyor General has statutory authority to allow deferred monumentation of surveys in

section 69(3) of the Land Title Act This Circular Letter applies to applications
under

section 69(3), Land Title Act
An application, containing the information outlined In the application checklist, must be made to
this office to seek permission to conduct a survey under the block outline method. Applications
must be submitted through myLTSA. The land surveyor must make all reasonable efforts to
ensure their control monuments will survive the construction activities and are positioned to
provide a solid control network for posting after construction is complete. If the survey is
located within an Integrated Survey Area (ISA), there may be an opportunity to use ISA
monuments as block outline control monuments as long as the ISA monuments are located
within close proximity to the survey.

Please contact our office should you wish to discuss specific requirements for block outline
methods of posting for highway or forest service road plans. Once an application has been approved, the plan or plans utilizing the deferred method of
posting may be submitted through mylT SA. Additionally, a letter of undertaking to complete
the posting within one year, or within the time-period approved by the Surveyor General,
signed by the land surveyor responsible for the block outline plan, must accompany this
submission.

One final posting plan is required for each plan that utilized the deferred method of posting and
must be submitted to the Surveyor General within the timeframe approved by the Surveyor
General in the Block Outline Order, unless an extension of time for completion of posting is
approved. These plans must be submitted through mylT SA for approval. .. ./2
- 2 -
The Surveyor General may grant an extension of time for completion of posting. A request for
extension, which clearly states the reasons for the request, must be submitted for consideration
at least one month prior to the expiration of the originally approved time period. Applications
for extension should be sent by email to surveyor.general@ltsa.ca. Yours sincerely,
Mike Thomson, BCLS
Surveyor General of British Columbia

Section 108(2) of the Land Title Act sets out the conditions under which ownership of
submerged land left within a remainder at the time a subdivision or reference plan is filed in the
Land Title Office returns to the Crown. Based on a judicial interpretation,

section 108(2) takes
effect where:
1. A remainder of a parcel is created by the deposit of a subdivision or reference plan;
2. The remainder lies adjacent to provincial Crown land; and
3. The remainder is covered by water.

Section 108(2) only applies where a subdivision plan or reference plan creates a remainder of a
parcel or parcels. The Province enacted amendments to

section 108 of the Land Title Act through section 7 of the
Forests, Lands & Natural Resource Operations Statutes Amendment Act;. 2014, which came into
force on April 9, 2014. Two significant changes were made to the section:
1. First, prior to the statutory amendment,

section 108(3) became redundant due to the
judicial interpretation.

Section 108(3) was amended so that now an order made under this
section prevents

section 108(2) from taking effect on the submerged portion of the
remainder of a parcel or parcels created by the deposit of a subdivision or reference plan. 2. Second, there now exists a mechanism, articulated in

section 108(2) can be retroactively negated, where the filing of a subdivision or
reference plan in the past had the unintended consequence of returning ownership of
submerged land to the Crown. As the Surveyor General has been delegated the Minister's powers and duties under

section
108(3), applications for an order pursuant to section 108(3) are to continue to be submitted to
the Surveyor General and contain the information outlined in the application checklist. Applications are submitted through the LTSA's Electronic Filing System (EFS). .. . /2
Suite 200 - 1321 Blanshard Street, Victoria, BC V8W 9J3
trust. Phone: 1 877 577 5872 www Ilsa.ca
- 2 -
Applications for a retroactive exemption order pursuant to

section 108(5.1) are to be made to
government, specifically the Ministry of Forests, Lands and Natural Resource Operations. Please
contact one of the Deputy Surveyor Generals for specific contact details and application
requirements. For applications made to the Surveyor General for an exemption order pursuant to

section
108(3), applicants must clearly express why the application area should not be returned to the
Crown, and provide detailed information explaining how the subject land became submerged. Upon receipt of a complete application, the Surveyor General will refer it to provincial
government agencies for their comment; applications may also be referred to local
governments and other interested parties or agencies for their comment. If the Surveyor General deems it necessary to carry out a site inspection, the inspection will be
conducted by a Deputy Surveyor General, and the applicant will be responsible for expenses
incurred to conduct the inspection. Upon completing the adjudication of an application, the applicant will be notified of the outcome
in writing.

If conditional approval is granted, the final plan must be submitted to the Surveyor
General for certification within six months of the date of the conditional approval. An order under

section 108(3) is plan-specific; therefore the effects of section 108(2) can be
triggered every time there is a new subdivision of land that creates a remainder parcel. To
negate the effect of

section 108(2) on the deposit of subsequent subdivision or reference plans,
a new exemption order would be required. Yours sincerely,
7~/~x~Jo._

section 94(1)(c) of the Land Title Act
.. ./2
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, - "•· _ · ·1 ' .·V ,: • '• J ,•,;,~ I , I - , - , - .\,,11_ • 1 . ,:- •· .. , ' 'I , • ' • . ': . - , - • •
· · · ." · . /~~-;~' \', -:!.f'•:-~ Suite 200 · 1321 Blanshard Street, Victoria, BC V8W 9J3
trus• t. ' , · '•,'"): ..., ,/:' ~0 .,_.-.. .... ;• ~• 1) ~ '·J~ · r . it : . • .r · · '• ~ -; I 1 , • , t. • • - : , ., ' P~~ne: 1 877 577 5872 . www.ltsa.ca
-- - -- ...=t ~,. . _.,u.~.~L1~~~• :i':_ - _ •.

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- 2 -
On titled lands where slow and imperceptible erosion has occurred along a natural
boundary, ownership of the land below the natural boundary has been lost and, if the
foreshore is provincial Crown land, the eroded land is provincial Crown land. In these
situations, the land surveyor must return the eroded areas to the Crown on his or her
survey plan to ensure that the extent of land reflected in the new certificate of title properly
reflects the true extent of ownership. Lands labelled as being returned to the Crown will
vest in the Crown pursuant to

section 107(1) or 108(1) of the Land Title Act
B. Artificial Changes
In some situations, the task of determining the location of the present natural boundary is
complicated by flooding, by excavation or by the placement of fill. In situations where a body of water has been artificially raised and the adjacent lands have
been flooded, the location of the present natural boundary will generally be as it was
located immediately prior to the flooding activity. Similarly, where an excavation has
occurred or fill has been placed the present natural boundary will generally remain at its
location immediately prior to the excavation of material or the placement of fill.

It is the
responsibility of the land surveyor to employ the best forensic means to determine where
the present natural boundary was located immediately before flooding, excavation or filling
occurred. Although the choice of forensic tools is site specific, land surveyors might
consider the use of historical ground or air photographs, trenching or coring. In some
situations, it may be concluded that the plan upon which title is based provides the best
evidence of the location of the present natural boundary.

C. Natural Boundary Shown Inaccurately on Registered Plan
Where a land surveyor concludes that the location of a natural boundary has not changed
since the date of deposit of the plan upon which a certificate of title is based, but that the
depiction of the location of the natural boundary on the plan is incorrect, the land surveyor
should proceed with an application to the Surveyor General in accordance with

section
94(1)(d) of the Land Title Act. To provide clarity in the land title records it is essential that the location of the natural boundary
upon which the existing title is based and the location of the present natural boundary both be
shown on Land Title Act plans. General Survey Instruction Rule 3-4(2)(a) exists to ensure this
fundamental requirement is met. .. ./3
- 3 -
So that land title records best reflect the current extent of ownership of waterfront parcels land
surveyors are encouraged to proceed pursuant to

section 94 of the Land Title Act where lawful
accretion exists or where the depiction of the location of the natural boundary on the plan upon
which title is based is incorrect. Circular Letter No-449 provides guidance on accretion and
natural boundary adjustment applications pursuant to

section 94 of the Land Title Act
Yours sincerely,

Section
94(1)(c) of the Land Title Act cannot be applied where the bed of the adjoining body of water is
owned privately or by the federal Crown. Natural boundary adjustment applications can be processed regardless of the ownership of the
adjacent body of water. Applications pursuant to sections 94(1) and 118(1) of the Land Title Act are to be made to the
Surveyor General and must contain the information outlined in the application checklist1. Applications are to be submitted through myLTSA. An applicant must be sure of the facts relevant to the application and must explain why the
present natural boundary is in a different location than indicated on the plan on which the
present title is based.

At times, it will be necessary to explain any artificial, man-made
interference with the natural boundary and provide historical evidence in support of that
explanation. The onus is upon the land surveyor to provide conclusive evidence to support the
application. For accretion applications, in addition to providing evidence that lawful accretion has occurred,
the applicant must provide an explanation of the method used to apportion accreted land to the
parcel(s) that are the subject of the application and to adjacent parcels. …/2
1 https://ltsa.ca/practice-info/submissions-surveyor-general
- 2 -
Upon receipt of a complete application, it will be referred for comment to provincial government
agencies and may be referred for comment to local governments or other agencies which may
have site specific information.

If the Surveyor General deems it necessary to carry out a site inspection, a Deputy Surveyor
General will conduct the inspection and the applicant will be responsible for expenses incurred
to conduct the inspection. Upon completing the adjudication of an application, the applicant will be notified of the outcome
in writing and the application file closed. If conditional approval is granted, the final plan must be submitted to the Surveyor General for
certification within six months of the date of the conditional approval. Further information on the submission of applications and their resultant plans to the Surveyor
General can be found in Direction to Land Surveyors No. 122. Yours sincerely,
Cristin Schlossberger, BCLS
2 https://ltsa.ca/practice-information/electronic-submission-statutory-applications-surveyor-general

Section 69(1), Land Title Act
The Province has given Royal Assent to the standalone bill, the Land Statutes Amendment Act
2018, which brings into force amendments to various Acts including the Land Title Act The
amendments to the Land Title Act include a change to

section 69(1), which eliminates
restrictions on the types of plans that may utilize the block outline survey method.

Section 69(1) now reads:
"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." Before the amendment, use of

section 69 was limited to subdivisions (and plans related to a
block outline subdivision), highways and forest service roads. Broadening the use of block
outline surveys will enable the preservation of monuments in more circumstances, such as
statutory rights-of ways related to large infrastructure projects or for utility purposes, by
deferring monumentation until after construction activities are completed. The requirements for an application to the Surveyor General in accordance with

section 69(3) of
the Land Title Act are found in the updated Circular Letter No. 4618. Yours sincerely,

Section 58 of the Land Act provides a mechanism whereby a land owner proposing to subdivide
may apply to the Minister for a declaration of intention with respect to the ownership of a bed
of a body of water, watercourse, or a road shown on a Crown grant tracing. The Surveyor General has been delegated the authority to adjudicate applications pursuant to

section 58 of the Land Act. If doubt exists whether land is included in a grant, or whether it is in the public interest that the
part coloured other than in red on a Crown grant tracing need be retained by the province, an
application may be made to the Surveyor General.

Section 58 is only applicable to lands that
have been alienated by a provincial Crown grant which included a Crown grant tracing;

section
58 cannot be used for lands that were alienated by other means, such as a Dominion Patent. Roads shown on Crown grant tracings that are deemed to be highway, as defined in

section 1
of the Transportation Act, cannot be transferred directly to private ownership through

section
58 of the Land Act. An inter-ministry process is in place through which a highway can be closed,
administration and control transferred to the Minister responsible for the Land Act, and
ownership of the closed road subsequently transferred to the owner of the surrounding
property through

section 58. A full explanation of procedure can be found in Direction to Land
Surveyors No. 18 titled “Disposing of provincial public highway through

section 58 of the Land
Act1”. An application must contain the information outlined in the application checklist2. An application
will only be accepted if the final plan will be a subdivision of land. Applications are to be
submitted through myLTSA. …/2
1 https://ltsa.ca/professionals/surveyor-general/directions-to-land-surveyors/direction-18-disposing-of-
provincial-public-highway/
2 https://ltsa.ca/practice-info/inclusions
- 2 -
When making an application that relates to a body of water shown on a Crown grant tracing,
the applicant must clearly express why the application area is no longer required to remain as
Crown land or, if a body of water or watercourse no longer exists, an explanation needs to be
provided as to why it no longer exists. Any unnatural interference with the subject area must be
documented.

The applicant must also state whether they are seeking a clarification of existing ownership or a
transfer of land from Crown to private ownership. Two examples are provided below. Example of clarification of existing ownership:
• A watercourse is shown on the Crown grant tracing in blue, however a watercourse was
not present at the time of the grant and thus there was no land below a natural
boundary excluded under

section 55 Land Act. Example of a transfer of land from Crown to private ownership:
• A watercourse is shown on the Crown grant tracing in blue. The watercourse has been
diverted to a new channel and the old channel no longer exists. The applicant seeks
transfer of the old channel into the adjacent title. The onus is upon the land surveyor to provide sufficient evidence to support the application. Upon receipt of a complete application, it will be referred for comment to provincial government
have site specific information. The provincial government will consult with First Nations when
Indigenous Interests may be affected.

If the Surveyor General deems it necessary to carry out a site inspection, the inspection will be
conducted by a Deputy Surveyor General and the applicant will be responsible for expenses
in writing. If conditional approval is granted, the final plan must be submitted to the Surveyor
General for certification within six months of the date of the conditional approval. Yours sincerely,

section 35 of the Constitution Act, 1982, to land on Haida Gwaii as described in the Schedule
to the Act. The schedule described the lands as “All the land, including foreshore and land
covered by water, outlined in blue on the map attached as Appendix B to the
Gaayhllxid • Gíihlagalgang "Rising Tide" Haida Title Lands Agreement”.2
The purpose of this Circular Letter is to ensure that land surveyors are aware of the agreement
and the amendments to the Act, and to communicate the result of discussions with the Province
about survey practices within the lands held by the Haida Nation in aboriginal title. The Act sets out interim measures in

section 4.4 that will be in place until changes to the laws
of the Haida Nation and the laws of BC are made to reconcile systems of law and governance
on Haida Gwaii. In the interim, enactments of BC in relation to Crown land continue to apply in
relation to land that is held by the Haida Nation in aboriginal title. Interests and rights
consisting of estates in fee simple and interests and rights that derive from, burden or
otherwise relate to estates in fee simples are confirmed and continued. With respect to surveying, there are no changes to survey practices or survey plans at this time.

The Land Act continues to apply to Haida Nation aboriginal title lands that were formally Crown
land, including the ability to file a plan in the Crown land registry. The rights of fee simple land owners, including riparian rights, are confirmed and continued by
the Act. Until legislation is amended, applications under s.94(1)(c) of the Land Title Act can
continue to be submitted to the Surveyor General, even though the adjacent submerged lands
are no longer Crown land, because of the provisions in

section 4.4 of the Act. On the same
basis, “Return to Crown in right of the Province” provisions in s.107 and s.108 of the Land Title
…/2
1 https://www.leg.bc.ca/parliamentary-business/overview/42nd-parliament/5th-session/file/42nd5th-
progress-of-bills.html
2 https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-
nations/agreements/final_gaayhllxid_giihlagalgang_rising_tide_haida_title_lands_agreement.pdf
- 2 -
Act continue to be applicable for submerged lands. The Province is aware that legislative
changes are needed to allow for the continued filing of plans to re-establish natural boundaries
for fee simple properties that have been affected by accretion and erosion once the interim
measures are no longer in place. If you are undertaking a survey on Haida Gwaii and have specific questions about survey
requirements, please contact the Surveyor General. Yours sincerely,

Section 100 of the Land Title Act to
3
update the title and resolve ambiguities. A land surveyor is obliged to consider issues
regarding the public interest and maintenance/enhancement of the survey fabric as the highest
priority. Questions can be directed to the Practice Advisory Department. VERSION CONTROL HISTORY
Version # Date (YYYY-MM-DD) Modification
1.0 2021-07-15 Initial version. 1.1 2023-02-10 SPR acronym changed to Rules. Document title changed from Interpretive Bulletin 2021-1 to
current title.

4

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section 258 of the Strata Property Actcompleted any time before the first annual general
meeting of the strata corporation. The practice of measuring unconstructed improvements described in this interpretive bulletin
does not apply to balconies or other features to be constructed above the ground, the extents
2
of which cannot be marked in the field prior to their construction. For clarity, balconies must be
substantially constructed and measured prior to the completion of the strata plan. Land surveyors should retain correspondence with the owner developer in connection with
unconstructed improvements to be included in areas of LCP. The record of correspondence
might include:
• An explanation to the owner developer of Rule 7-3(2) and this interpretive bulletin.

• Pictures of the field markings set by the owner developer or land surveyor which have
been measured and which represent LCP boundaries. • On delivery of the final strata plan to the developer, written correspondence by the land
surveyor that certain areas of LCP are based on measurements to field markings of
features that were not constructed at the time of survey. Finally, it is recommended that land surveyors obtain a documented acknowledgement from
the owner developer that the land surveyor will not be responsible if improvements intended
to be contained within an area of LCP fall outside the owner developer’s or land surveyor’s field
markings.

If the land surveyor is the one marking the locations, it would be prudent for the
owner developer to approve the markings. VERSION CONTROL HISTORY
0.1 2023-07-11 Consultation draft
1.0 2023-09-07 Initial version
3

Section 5(1) of the Land Survey Act requires that we
obtain the best evidence available if the original post or monument cannot be found - in some instances
the best evidence for the missing post may be ties made from the original control traverse. In keeping with the goal of plan transparency, the PAD makes the following recommendations. • If a post is placed on a strata plan, then the monument placed symbol must be used.

If the
monument was previously tied, is now lost, and is being “Reset” with a new monument based
on previous ties, then it is incorrect to use the found symbol for the monument- the monument
placed symbol must be used;
• If the monument is being reset from observations the surveyor has made during a previous
survey completed in the preparation of a Land Title Act plan, using the same control traverse,
then this should be indicated on the plan. In rare cases, a surveyor may have not done the
underlying Land Title Act plan, but may have made ties to evidence now lost as part of the
project.

In these instances, the resetting of a monument based on these ties is defensible,
provided sufficient ties to other evidence has been made to confirm that the now-lost post was
undisturbed and reliable. • If the monument is in place and is simply obliterated and is being “reset” or “restored” from
traces on the ground of the original position, then the correct terminology to use is “Found
(monument description) Obliterated, Restored”. To achieve the required transparency in the second point, we recommend adding the term ‘Reset’
adjacent to each instance where a monument is replaced in this manner. In addition, ‘Reset’ should be
defined on the plan.

We recommend a definition in the legend, or a note adjacent to the post symbol,
similar to the following:
“Reset means an IP previously tied on month, day, year (see plan EPP#####), lost and replaced using
previous ties from the original control traverse.”
2
This type of clarification is necessary as it provides a lineage for the posts, so that building
strata plan users can understand the methodology used to reset the monument. In addition, it is good practice to show ties to adjacent monuments when replacing posts on the building
strata plan. It is not appropriate to resolve boundaries on a building strata plan (that happens on a Land
Title Act plan).

However, showing ties to adjacent monuments provides assurance that the strata plan is
properly integrated into the surrounding survey fabric. Questions and comments can be directed to the Practice Advisory Department Manager. VERSION CONTROL HISTORY
1.0 2020-09-01 Initial version. 1.1 2023-02-10 SPR acronym changed to Rules. Update to Rules 7-4(2)(c) and 7-5(3). Document title changed from Interpretive Bulletin 2020-1 to
current title. 3

Section 240 of the Strata Property Act and all survey evidence remains
in place when the strata plan is prepared. It has been common practice that building strata plans (particularly small developments) have
been prepared and registered on older titles without a refreshed parcel definition. In these
circumstances, a Land Title Act plan is likely necessary to either re-establish boundaries or
refresh monumentation. A few examples may serve to clarify these requirements:
• A parcel where there are no significant discrepancies with the underlying plan and there is
missing monumentation can be dealt with by preparing a Reference Plan pursuant to

Section
100(1)(a) of the Land Title Act, or a Posting Plan pursuant to Section 68 of the Land Title Act. • Any parcels where there are significant discrepancies when compared to the underlying plan will
require a Reference Plan pursuant to

Section 100(1)(a) of the Land Title Act. The determination
of what constitutes a “significant discrepancy” requires professional judgement. • If the present natural boundary does not agree with the location of the natural boundary shown
on the underlying plan, the discrepancy must be resolved so that the parent parcel plan
represents the current extent of ownership. This means that, with respect to the parent parcel
plan, application to the Surveyor General may need to be made pursuant to Sections 94(1)(c) or
94(1)(d) of the Land Title Act. There are no mechanisms to account for accretion or to rectify a
problem with the location of a natural boundary under the Strata Property Act.

This can create
problems for the future strata corporation if not dealt with before the strata plan is registered. It is in the public interest to ensure that the strata plan is prepared respecting the current extent
of ownership. Strata Survey and Plan Requirements
Once the parent parcel is properly defined and monumented under the Land Title Act, the
following requirements apply to the strata survey and plan. 7-3 Field procedures
…
(3) Any parent parcel corners that have been destroyed must be reset in accordance with the
parent parcel plan. In the case of a phased strata plan, only corners relevant to the phase
under survey need be replaced. 2
7-6 Sheet one
The first sheet must contain the following additional information.

(1) The type of monumentation found or reset at every corner of the land that is subject to the
strata plan except phased boundaries which do not require posting. The expectation is that any monuments that have been destroyed by
construction/development of the strata will be reset. Even if construction is ongoing the goal is
to ensure as much monumentation of the parent parcel remains in place once the strata survey
has been completed. Questions should be directed to the Practice Advisory Department. VERSION CONTROL HISTORY
1.0 2018- Initial version. 1.1 2023-02-10 SPR acronym changed to Rules. Document title changed from Interpretive Bulletin 2018-3 to
4

section 94 (1) (c) of the Land Title Act, and according to Surveyor General
Circular Letter #477A, submit an accretion application to the Surveyor General. Deposit the plan to LTO, after Surveyor General certify the lawful accretion, the
registered owner established to the accreted land a good safe holding and marketable
the title is simple. 1.Filing a reference plan for provincial crown or a statutory right of way plan for federal crown, according to sec
94(a) and 118(a) of LTA, as stated in circular letter 477A. 2.Survey the natural boundary and show the new boundary in a certificate, then submit to the Surveyor General
through myLTSA. 3.Accompany with an explanation of why the present natural boundary is in a different location.

Also explain the
method used to apportion accreted land to the parcels. 4.Upon completing the application, it will be referred for comment to the provincial/federal government agency. 5.The applicant will later be notified of the outcome in writing. Natural boundary on posting plan
Interpretive Bulletin - <Showing Present Natural Boundaries on Posting Plans>
Natural Boundaries
Why BCLS is expected to determine the Natural Boundary
7
Land surveyors have to determine the limitation of the interest of the land. Therefore they have to determine the
location of the natural boundary when preparing a plan. (Reference Plan or Subdivision Plan)
Other professions that can help
Qualified Environmental Professionals may be involved in determining complicated natural boundary. Why Natural boundary/monumentation is the first in hierarchy of evidence?

They are the best demonstration of the intention of the granting parties and least susceptible to errors. What is Surveyor General on going project? What does Surveyor General do? <Land Survey Act> - the power of Surveyor General
LTSA website, Surveyor General resources. Currently Parcel Map BC is updating. <Integrated Survey Area Program> established an infrastructure of coordinate control monuments within
participating municipalities. ISA passive networks of control points work in conjunction with the British Columbia
Active Control System. <Survey Hub> to test plan certification submission. Including crown land. Land Survey Act - Powers of Surveyor General
Surveyor General is the decision maker to include lawful accreted land and correctly define natural boundary.

Surveyor General resources on the website of myLTSA
14.1 The Surveyor General may do any or all of the following:
(a)approve types of control monuments for the purposes of this Act;
(b)approve types of reference posts;
(c)require electronic submission of survey plans, field notes and other survey data;
(c.1)specify standards for electronic submission of survey plans, field notes and other survey data;
(d)issue survey instructions to a practicing land surveyor under the Land Surveyors Act for integrated control
surveys;
(e)require the correction and readjustment of coordinate control monument values within integrated survey areas
and require the filing of supplementary certificates setting out new or amended
coordinates and updating the official plan of an integrated survey area;
(f)make rules for the conduct of surveys and the preparation of explanatory plans under

section 70 of the Land
Title Act;
(g)if a parcel is being created under the Land Act, require an unsurveyed road to be posted at specified widths
and locations;
(h)issue instructions for surveys under the Mineral Tenure Act to a practicing land surveyor under the Land
Surveyors Act. What is the difference between calculation and resolution? Resolution is the process follow hierarchy of evidence to make the decision where the boundary supposed to be. Calculation is apply mathematics method to calculate the distance or dimension of a parcel. Find issues with a resolution in a plan. Identify type of the plan
Is it georeferenced
Enough evidence tied in all directions
8
Find the original subdivision plan, and identify the type of posting used. Find all original posting plans/documents.

Check the dimension and misclosure. Registered interests. Original plan for subdivision is incorrect
Find the original intention of the subdivision. Find any subsequent plan adjusted to the properlines afterwards. If original intention cannot be found, follow hierarchy of evidence. Contact lawyer, PAD if it is complicated. Mineral Tenure Act
See Circular Letter 440a & submissions to surveyor general - Mineral Title Plan. Describe the process of acquiring
mining rights. “Free Placer Certificate” required to acquire mining rights - Sec 8 of Mineral Tenure Act.

On Oil & Gas well-site, consult SG and BCER
On Mineral site, consult SG and Chief Gold Commissioner
On Crown land, consult FLNRORD(Ministry of Forests & Ministry of Land, Water, and Resource Stewardship)
following circular letter 475a to make a survey application to SG, which cannot conduct surveys except for SRW
on crown land. Block Outline - Survey Circular Letter 461B
1. Prepare the preliminary subdivision plan
2. Make the submission to Surveyor General through EFS
3. Prepare the subdivision plan
4. Make the posting within 1 year and submit the posting plan
What kind of role does the association play when facing a new technology? Board Policy Manual:
Quality Control: ABCLS uses an electronic quality control checklist to help members ensure the standards are
met.

Continuing Professional Development (CPD) for all members. Make sure members are up to date to new
technologies. Monitoring and Guidance: through the Practice Advisory Program, which includes guidance on using new
technologies and methodologies. Why use standard e-signature, and how does e-signature promote public interest? ABCLS website PRM - use of the BCLS Seal
It serves as proof that the signer is in good standing and has the right to practice in the province of British
Columbia, in addition to ensuring the integrity of the signed documents and preventing their falsification. When other BCLS quote 40% less than yours, and the client insists on having a better deal with you, what
would you do?

(Bylaws of ABCLS, Board Policy) land surveyors are expected to maintain ethical practices, including fair
competition.offering an unreasonably low price could violate ethical standards. could lead to disciplinary action if it affects service quality or ethical standards
9
Multi-Factor Authentication for myLTSA Accounts
Require more than a password to access the account (select from email, text message or authentication app) to
receive verification code. Describe methods of canceling interior lines??? Sec 100(1)(b) LTA, Reference Plan
Sec 99(1)(d) LTA, for 2 adjoining parcels on the same subdivision plan
Sec 137 LTA, for cancellation of interior lines.

Sec 67 LTA, Subdivision Plan
If lots are not from the same subdivision plan, Sec 137 nad 99 is not applicable
Lots should be owned by the same owner and from the same subdivision plan to cancel the interior line. It is a much easier, simpler and cheaper way to consolidate. Sec 137 of LTA to cancel interior lines between parcels that were created from the same plan
Why reference plan sec 100(1)(b)? If the subdivision plan is old and evidence is hard to find. Use a reference plan to consolidate. It is necessary to
do a legal survey to mark the boundary. Updated dimension will be shown on plan as the old plan dimension may change.

New reference plan will clean up the old title, and create a new indefeasible title. To Survey Crown Land
Field Notes: Tantalis/ local municipality’s survey records, LTSA Surveyor General Division. Consult other senior BCLS and Surveyor General Division
SG will have survey instructions and parcel designations. Crown land dispositions - ILRR (Integrated Land and Resources Registry)
Professional Development Opportunities
<Working in First Nations Communities>
<Learning opportunities for LST and LS associates>
<Web Filing Webinar>
Oath
Sec 8 of the Land Survey Act. Statutory Declaration
When an individual needs to satisfy legal requirements by affirming the truth of something. When declaration describes the reasons for change, including consent of affected parties. I.e. no enough evidence can be found between two parcels in rural areas.

But both owners are the original owner,
and agree on the existing fence would be the boundary. Measurement meets the plan. Forms for Oath
Form 9, Form S, Form T, Form U.
Strata Plan VS. Air Space Parcel LTS
If it is confident to sign a Form U? Creating easement and srw. Strata corporation? 10
Air space parcels may be subdivided with a vertical boundary. Airspace subdivision must have a remainder. Strata plan may also have a remainder under Strata Property Act
Approving officer VS> Approving Authority
.. officer means the officer appointed under Sec 77 of the Land Title Act
.. Authority means the municipal council, regional board, etc.

Plans that require approving officer
Subdivision Plan, Sec 67 of LTA
Plans accompany leases, Sec 73(1) of LTA
Air Space Plan, Sec 144 of LTA
SRW Plan, Sec 114 of LTA
Bare Land Strata Plan, Sec 243 of Strata Property Act
Phased Strata Plan, Sec 224 of Strata Property Act
Building Strata Plan with Conversion, Sec 242 of Strata Property Act
Reference Plan dedicating road, Sec 107 of LTA
Plans that do not require approving officer
Posting Plan, Sec 68 of LTA
Reference Plan re-establish boundaries, Sec 100(1)(a) of LTA
Reference Plan consolidation, Sec 100(1)(b) of LTA
SRW Plan, Sec 113 of LTA
Explanatory Plan canceling interior lot lines, Sec 137 of LTA
New Building Strata Plan, Sec 241 of Strata Property Act, Form S
Exp/Ref Plan of Covenant, Easement, Sec 219 of LTA
SRW Plan, Sec 99(1)(e) of LTA
Reference Plan transferring to the crown for highway purposes, Sec 99(1)(f) of LTA
Reference Plan transferring, leased or donated for public purpose, Sec 99(1)(h) of LTA
Reference Plan consolidate into lawfully accreted land, Sec 94(1)(c) of LTA
Found Old Style Dominion Land Survey Capped Post
Circular Letter
No.

Section 58 Land Act Applications
No. 481 Reporting Damaged or Destroyed Integrated Survey Area Control Monuments
No. 477A Accretion and Natural Boundary Adjustment Applications to Surveyor General Pursuant to Sections
94(1) and 118(1) of the Land Title Act (This letter updates Circular Letter No. 477 originally issued July 11, 2018)
No. 475A Surveys of Crown Land pursuant to the Land Title Act and the Land Act and Submission of
Resultant Plans to the Surveyor General (This letter updates Circular Letter No. 475 originally issued May 24,
2018)
No. 470 Ambulatory Natural Boundaries and Artificial High Water Marks – Effects on the Extent of
Ownership
11
No. 461B Block Outline Survey –

No. 452A Process for Seeking an Extension of Time for the Submission of Well Site Plans and Statutory
Right of Way Plans pursuant to the Oil and Gas Activities Act General Regulation
Interpretive Bulletin
Evidence of Occupation, Notes on Plans and Survey Letters 1.1 2023-02-10
If there’s evidence of occupation used, include a statement. <Survey Letter> is used when boundary resolution is too complicated to explain in a
few words. It explains the rationale behind a survey decision. Include a statement on
plan. Good Practice for Surveying with RTK GNSS 1.2 2023-02-10
<Guidelines for RTK/RTN GNSS Surveying in Canada>
Good practice includes:
1. Points used for bearing derivation
2. GNSS-only methods for posting of small lots can compromise the accuracy of
set corners.

Intersection Requirements for Survey Plans 1.1 2023-02-10
When created parcels that intersect with other existing parcels. When SRW’s width is more than 6.5m. Re-establishing Boundaries and Survey Evidence 1.1 2023-02-10
Survey
1. Research full survey history of the parcel
2. Survey all survey evidence
3. Determine the origin, condition and relevance of the evidence
Plan
1. Show all evidence within limits, even with “Disturbed” or “NF”
2. Show adjacent evidence to confirm the correctness
12
3. Dimensions on the plan must be subject to rigorous search. Do not dimension
if evidence is not found. Requirement to Measure Limited Common Property 1.0 2023-09-07
SPR 7-3(2) Measurements must be made of all boundaries. If the owner developer wants to register a strata plan prior to LCP improvements
construction.

It is preferable that developers mark the proposed improvement and
BCLS take measures. Resetting Posts on Strata Plans 1.1 2023-02-10
Post must be reset in accordance with the parent parcel plan. 1. Use monument placed symbol if it’s lost from previous tied
2. If reset required from LTA plan posting, use the statement “Reset means
…..replaced using previous ties from the original control traverse.”
Showing Present Natural Boundaries on Posting Plans 1.1 2023-02-10
1. Showing both present natural boundary and natural boundary from parent
plan, includes statement? 2. Not showing either present natural boundary or from parent plan, includes
statement? 3. Showing only the natural boundary from the parent plan, includes a
statement? Strata Boundaries 1.1 2023-02-10
Strata Parent Parcel Requirements ? ??

explanatory plan does not work for parcels 1.1 2023-02-10
such as n ½ and s ½ ? Prior to registration of strata plan. 1. The parent parcel has been fully monumented
2. Boundary discrepancies have been resolved
3. Natural boundaries must be based on their present location. 13
Use LTA 100(1)(a) or 68 to deal with missing monumentation
Use LTA 100(1)(a) for any discrepancy
For Natural boundary, Use 94(1)(c) or 94(1)(d) of LTA and submit to the Surveyor
General. Witness Posts – Survey and Plan Rule 2-10(1)(c) 1.3 2023-09-05
Utility companies may require the posting before service installation, or “likely to be
destroyed” should not be the primary consideration of the Land Surveyors.

Consider “majority of utilities” and “final site grading”, if subdivision needs to be
registered, should consider block outline survey. Witness Posts versus Offset Posts ? ?? if Wt. point tied, and true corner post set, no
“wt” on plan? Witness posts are only set when a true corner cannot be posted, or likely to be
destroyed. Any additional post set to reference the true corner is not witness posts. Ie. OLP,
which means no duplicated reference point. Practice Advisory
Assessment and Interpretation of Survey Evidence 1.1 2023-04
The role of a BCLS is to determine, locate, define, describe, establish or re-establish
boundaries. Surveyors undertake that work by locating existing evidence, interpreting it, and
setting new evidence.

It is the role of a BCLS to record and interpret evidence as it is found, not to modify evidence
to fit conclusions. Building Strata Plans Containing Both New Development and Conversion Units 1.1 2023-04
Statements should be shown on the face of the plan for this type of “Mixed” developments
Checklist Dates 1.1 2023-04
14
Field work should be completed before the electronic checklist date. The checklist must be
completed by the BCLS with a high degree of professionalism and accuracy. Correcting Posting Plans 1.1 2023-04
For minor plan errors, the surveyor should file a statutory declaration describing the errors
and attach a red-line markup copy of the plan through the web filling system of myLTSA
account.

For complex errors, file a statutory declaration for the registered plan declaring that it is
superseded by plan EPPXXXXX. “Superseded” note on the face of the plan. Discontinuance and Closure of Highways 1.1 2023-04
Close road pursuant Sec 60 and Sec 13(2) of Transportation Act. Make the statement on the plan. The plan may be Statutory Right of Way plan pursuant to
Sec 113 of LTA. Municipal Tree Bylaws 1.1 2023-04
Need to hire an arborist to assist if uncertain about the tree measurements. Emphasize the limitation of the usage of the plan. Such as disclaimers and notations on the
plan. Eyeballing and tape is not recommended. Preparing Non-Statutory Survey Plans 1.0 2023-09
Plans including “natural boundaries”, “certificates” and “observing local bylaws”. 1.

Member needs to be responsible for every survey products and tools
2. Must not permit any third party being responsible for survey tools and products. “Natural Boundaries” - The bulletin “Showing Present Natural Boundaries on Posting Plan”
does not apply to non-statutory plans. “observing local bylaws” - Consult the local government if you are uncertain about the
requirements or definitions. “Certificate” - Need to identify the surveyor’s name and commission number on the plan. 15
Strata Property Act S. 244(1)(f)(ii) - requirements for portions of building beyond the parent 1.2 2023-04
parcel
1. Must show all parts of building that encroach
2. Must show related easements to contain the encroachment
3. U1/U2 must be completed correctly.

Vertical Datums
Requirement can be found in Circular letter 465B
<myLTSA website>
Land Title Practice Bulletin
Subdivision of Air Space Parcels
Land Title Practice Notes
Requirements for Portions of Buildings that Extend Practice Note February 1,
Beyond the Limits of the Parent Parcel 01-18 2018
Make sure easement is created and property Form
is filled. Make notes as “common assets” instead of
common property, nor part of a lot. Miscellaneous Notes Endorsements and Practice Note November 23,
Associated Plan Searches 03-16 2016
Truing Up an Original Electronic Instrument Practice Note November 15,
02-16 2019
16
Consent to Spousal Home Transfers under WESA Practice Note March 10,
01-16 2016
Cancellations of Discriminating Covenants
17

Section 1). Surveyors undertake that work by locating existing evidence, interpreting it, and setting
new evidence. A monument, once established, is evidence used to establish a boundary at a specific point in time. Monuments are relied on by the society as a whole as the underpinning of the survey fabric and reliable
definition of the extent of ownership. Although the Criminal Code* provisions are somewhat dated, the fact that tampering with monuments
(except in very specific ways) has historically been treated as criminal activity should underscore the
respect with which that evidence is to be treated. Cadastral integrity is inherently dependent on the reliability of underlying evidence.

Every BCLS should
be extremely careful when, in a professional capacity, interfering with that evidence; the reliability of a
monument that has been “disturbed” can and often will be questioned. Absent a proper “chain of
evidence”, designating a monument as “disturbed” may create more problems than it solves. Disturbed Monuments
Evidence of a monument is determined by rigorous field searches and careful visual inspection. Normally we expect a monument to be found more or less in the position depicted on related plans,
within certain tolerances. When a monument falls outside these “tolerances”, it could potentially be
“disturbed”. However, it is not enough to say that a post is “disturbed” simply because there is a
difference between the physical location and the location shown on a plan.

A land surveyor should not
determine that a post is “disturbed” simply because it does not “fit the math” of previous plans. Determination of “disturbed” requires an exercise of careful judgement based on a consideration of all
the evidence, including but not limited to:
• the location shown on an original plan;
• measurement accuracies during the era of the original survey;
2
• monument condition;
• physical surroundings;
• evidence of activity supporting the notion that the monument has been disturbed;
• evidence of occupation and;
• direct knowledge of the original position. Refer to Johnston v. Clarke for a reminder that original monuments govern even when discrepancies
with plan dimensions are large.

IF THERE IS ANY UNCERTAINTY AS TO WHETHER A MONUMENT IS DISTURBED, IT IS
IMPERATIVE THAT THE MONUMENT BE LEFT IN ITS CURRENT LOCATION AND CONDITION. If it is concluded that a monument is “disturbed” the land surveyor must then consider “what to do”. During the course of plan and practice reviews over the past decade, PAD has observed the following:
1. The “disturbed” monument is left as is, and the true corner is not monumented but is
referenced to the disturbed monument by bearing and distance. 2. The “disturbed” monument is left as is and a new monument set at the true corner. 3.

The “disturbed” monument is removed and either re-established at the true corner or a new
monument set at the true corner without recording the former location of the “disturbed”
monument. 4. The “disturbed” monument is removed and its former location carefully referenced by bearing
and distance to a newly placed monument at the true corner. Method 1 above is the most common but is technically in contravention of Rule 2-10(1) which requires
monumenting all corners of the parcel under survey. Method 2 creates confusion on the ground and should be considered in light of Board Advisory 2013-1
which provides that land surveyors must not set additional monuments at a corner creating a situation
where two or more monuments represent the same corner. Method 3 is contrary to

Section 443 of the Criminal Code*. Although there does not appear to be any
guiding case law, a plain reading of

Section 443 suggests that the subsection 2 saving provisions would
NOT assist someone electing this method. As a governing body responsible for administration of the
3
profession and protection of the public interest, the ABCLS cannot sanction any practice that
contravenes statute law. Method 4 appears to be the only acceptable practice, since it is sanctioned by the saving provisions of

Section 443(2) of the Criminal Code. Obliterated Monuments
When a monument is deemed “obliterated”, the monument itself is no longer observable in its original
location. However, the position of the monument may be ascertained from other evidence directly
related to the original monument. Examples of such related evidence might be the hole left by an iron
pin, a shard of glass/pottery that was placed beneath the original monument, a stone mound, bearing
trees, a bent post which retains its base location etc. The correct term to use when placing a new
monument under these circumstances is “restored” (not re-established). If a bent monument is
straightened and restored, then the IP found symbol should be used with descriptive words such as “IP
found bent, straightened, restored.

Lost Monuments
The term lost is specific to situations where the original monument has been destroyed and its original
position can only be derived by connection with other monuments to which it was previously related. In
these circumstances the correct term to apply to the newly placed monument is “re-established”. In
such situations, the nearest related evidence will generally be the most reliable. Care must be exercised
in assessing such related evidence and its reliability. Remember, our task as land surveyors is to retrace
the location of original boundaries, not to retrace the location of re-established boundaries. Any
monuments that are not definitively “original” must be assessed as to the validity of the survey that set
them.

Conclusion
It is clear that careful thought and analysis is needed when assessing and interpreting survey evidence. When describing the results of your assessment on the face of your plan, it is important to use the
correct descriptive terms (obliterated, lost, disturbed) and to explain the results (restored, re-
established) in unambiguous language. The plan user should be able to clearly understand the condition
of the monument as found and the condition of the monument at completion of your survey. *Interfering with boundary lines
442 Every one who wilfully pulls down, defaces, alters or removes anything planted or set up as the boundary line or part of the
4
boundary line of land is guilty of an offence punishable on summary conviction. Interfering with international boundary marks, etc.

443 (1) Every one who wilfully pulls down, defaces, alters or removes
(a) a boundary mark lawfully placed to mark any international, provincial, county or municipal boundary, or
(b) a boundary mark lawfully placed by a land surveyor to mark any limit, boundary or angle of a concession, range, lot or parcel
of land,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Saving provision
(2) A land surveyor does not commit an offence under subsection (1) where, in his operations as a land surveyor,
(a) he takes up, when necessary, a boundary mark mentioned in paragraph (1)(b) and carefully replaces it as it was before he took
it up; or
(b) he takes up a boundary mark mentioned in paragraph (1)(b) in the course of surveying for a highway or other work that, when
completed, will make it impossible or impracticable for that boundary mark to occupy its original position, and he establishes a
permanent record of the original position sufficient to permit that position to be ascertained. VERSION CONTROL HISTORY
1.0 2019-09- Initial version.

1.1 2023-03-21 Document title changed from Practice Advisory 2019-1 to
current title. Definitions amended to match current Rules
5

Section 242 requires that a strata plan which includes a previously occupied building must be
submitted to the approving authority, for approval. In this case the approving authority was the
municipal council. [65] The Harrises’ strata plan was registered in the New Westminster Land Title Office on November
19, 2002. It includes a certification by the authorized signatory of the approving authority, Village
of Anmore, that “the conversion of the buildings included in the strata plan have been approved
under s. 242 of the Strata Property Act”.

[66] Two buildings are shown on the strata plan, being the principal building originally owned by the
Harrises as strata Lot 1 and sold by them on or about December 2, 2002, and the newly constructed
second residence as strata Lot 2. [67]

Section 242 only deals with approval for conversion of previously occupied buildings. [68] The only occupied building on Lot 2 was the former principal Residence of the Harrises, strata
Lot 1. [69] Strata Lot 2, the second residence, was not occupied as of November 19, 2002, to my
knowledge, and was not sought to be converted. [70]

Section 241 states that if a strata plan includes a building that has not been previously
occupied, the plan must be endorsed by a British Columbia land surveyor certifying that the building
has not been previously occupied. [71] The strata plan filed by the Harrises includes no such certification by a British Columbia land
surveyor. [72] Consequently, I do not know how the Village could certify that the conversion of both buildings
in the strata plan was approved under s. 242 when only one was being converted.

[73] Further, s. 242(5) states:
The approving authority must not approve the strata plan unless the building substantially
complies with
(a) the bylaws of the municipality or regional district…
[74] I have found that strata Lot 2, the second residence, did not comply with the zoning bylaw as an
accessory suite in an accessory building. Accordingly, it should never have been approved by the
Village council for stratification.

[75] I therefore declare that the Village council exceeded the limits of its statutory power of decision as
approving authority, under the Strata Property Act, by approving the conversion of the new
residence, when it was not a previously occupied building as required by s. 242, and therefore was not
subject to approval by the Village, and in any event, when it did not comply with the zoning bylaw. The implication of the judge’s decision and his written reasons are that when a strata plan that
contains both building(s) that are new construction AND building(s) that are conversion units, both
Form S and Form T must be completed. The Form S is included in the Plan Certification and the Form T
in the Application to Deposit Plan.

It would be ideal if one could specify in each of the Forms, the
applicable units and in which building they are contained in each case. In lieu of this, the Association has
included a new rule regarding statements to be placed on the face of the plan to clarify which units are
previously occupied and which have not been previously occupied. 2
Reading the Form S, when not read in conjunction with s.241, could be interpreted to mean that it is
only to be used if all the buildings are new construction. Some land surveyors may also interpret Form S
in that way.

Survey and Plan Rules Requirement
The Survey and Plan Rules provide direction regarding the statements to be shown on the face of your
plan for this type of “mixed” development (emphasis added to highlight the relevant rule):
The first sheet must contain the following additional information. …
(4) The following notations are required on the plan image:
(a) For plans containing either all new or all previously occupied buildings:
The buildings included in this strata plan have not been previously occupied. or
The buildings included in this strata plan have been previously occupied. (b) For plans containing both new and previously occupied buildings:
The buildings included in this strata plan have not been previously occupied, as to
building(s) containing Strata Lot(s) [list strata lot numbers].

and
The buildings included in this strata plan have been previously occupied, as to building(s)
containing Strata Lot(s) [list strata lot numbers]. …
These statements will help add clarity and transparency to the strata plan by identifying which
building(s) are new construction and which building(s) are conversion units in conjunction with
completing the Form S on the Plan Certification Form and ensuring the Form T is signed off by
the Approving Authority in the Application to Deposit Plan. Questions should be directed to the Practice Advisory Department. 3
VERSION CONTROL HISTORY
1.0 2018- Initial version. 1.1 2023-03-21 Document title changed from Practice Advisory 2018-02 to
current title. 4

Section 13(2) of the Transportation Act authorizes the Minister of Transportation and
Infrastructure to dispose of a public highway that has been discontinued and closed. The Act
provides no mechanism for such dispositions. In practice, the ministry’s policy is to make
application for title to the land on behalf of the BCTFA, which then handles the disposition. 2. The plan title should refer to the method by which the road was originally established, for
example:
Statutory Right of Way Plan of Section ____, _____ District, closing road dedicated by
(specify how plan was dedicated), pursuant to

Section 113 Land Title Act
Or,
Reference plan closing road established under

Section 42 Transportation Act, Cranberry
District
Note: the plan used to define the area being closed may be a statutory right of way plan pursuant to

Section 113 Land Title Act or a reference plan. If a reference plan is used there is no applicable section
number therefore none is required in the heading. Use of either type of plan is acceptable. “I have highlighted in bold the pertinent part of the updated paragraph that specifically states a
Statutory Right of Way plan (pursuant to Land Title Act s. 113) or a Reference plan (that does not pertain
to a specific Land Title Act section) is acceptable. Please note that this practice is currently in place,
notwithstanding the LTPM update has not been published yet. An explanatory plan would not be the preferred type of plan as the area delineated on the plan will be
the basis of a fee simple interest.

In the case of a statutory right of way plan, explanatory plans are also
not submitted pursuant to s. 113. In the event an explanatory plan is requested, the same factors that
are published in paragraph 7.314 (Note: The LTPM has been updated and this is now paragraph 7.51) in
the LTPM would apply as to whether or not an explanatory plan would be acceptable in place of a
reference plan (such as no excessive curves or jogs, not affected by a natural boundary etc). As with any
request for an explanatory plan, land surveyors should consult with the Registrar regarding their
acceptability prior to submitting the plan.

In the event the draft explanatory plan is deemed acceptable,
the Land Title Office will advise in writing of this fact and land surveyors should keep this as evidence of
the consultation. It must be noted though that there is no statutory basis for a final decision on the
registerability of the plan until it has been formally submitted into the Land Title Office. You are welcome to distribute this “practice guidance” to your membership.”
Regards,
Tim Jowett
Deputy Registrar
New Westminster Land Title Office
2
Questions and comments regarding the above discussion can be directed to the Practice Advisory
Department. VERSION CONTROL HISTORY
1.0 2013-01- Initial version. 1.1 2023-03-21 Document title changed from Practice Advisory 2013-1 to

section 75 of the Land Surveyors Act (so-called “Non-Statutory Plans”). Non-
statutory plans are not filed in public registries. They often accompany development-related
applications to local governments. This practice advisory is intended to supplement the existing guidelines for non-statutory plans
in the Professional Reference Manual with new guidelines on:
• Natural boundaries,
• Observing local bylaws, and
• Plan certification
to address specific public interest concerns raised by the Complaint Inquiry Committee in a
time-sensitive manner. It is anticipated that the existing guidelines in the Professional
Reference Manual and the new guidelines in this practice advisory will be consolidated in the
future. Background
Some recent complaints suggest members may not be subjecting non-statutory surveys to a
sufficient level of care, supervision, or quality assurance protocols.

To ensure public protection,
it is imperative that land surveyors have regard for all standards of conduct and professional
practice set out in the Bylaws, Professional Reference Manual, and this practice advisory, when
undertaking non-statutory surveys. The Professional Reference Manual includes guidelines for preparing various non-statutory
plans in Chapter 12 – Building Location Certificates and Chapter 13 – Plans of Topography (Site
Plans/Design Plans). This practice advisory provides additional guidelines that land surveyors
must follow when preparing any non-statutory plan, including but not limited to the types of
plans covered under Chapters 12 and 13. The Professional Reference Manual, Chapter 8 explains natural boundary determination
principles in Part 4.

These principles guide land surveyors in situations where the location of a
natural boundary has changed as the result of erosion or accretion. They also point to reasons
why certain old plans of parcels abutting a waterbody may improperly depict the location of a
natural boundary. The Code of Ethics, under part 13(a) of the Bylaws, requires that members “Observe all relevant
provincial and federal legislation and regulations, including applicable local bylaws [emphasis
added], the Survey and Plan Rules, case law, and the common law”. Municipalities, Regional
Districts, and other governments in BC enact bylaws which are relevant to land surveying
practice. Land surveyors must be aware of and comply with all applicable local bylaws.

Part 14.2 of the Bylaws provides as follows:
Professional Responsibility
a) A Member is responsible for every survey or other survey related instrument that
Member prepares or signs. b) A Member must not knowingly permit any representation or perception that a third
party was responsible for any survey or other instrument prepared or signed by that
Member. Professional Practice
Land surveyors can depart from this practice advisory if it is appropriate to do so for an
identified reason. In such circumstances, the land surveyor must document in writing the
reason(s) for departing from any relevant portion of this practice advisory. The rationale must
be consistent with the land surveyor’s obligations under the Land Surveyors Act and Bylaws. Natural Boundaries
Natural boundaries on non-statutory plans must be plotted accurately.

Where natural
2
boundaries are derived from methods other than a field survey, the method must be noted on
the plan, with the date of the source data if applicable. If the present natural boundary is not shown on the plan, then the following note, with
modification as necessary, must be shown on the plan:
“This plan shows the natural boundary according to (note the plan number) and may
not reflect the current extent of title.

This plan does not reflect an opinion on the true
location of the waterward boundary of the lands.”
If the present natural boundary is shown on the plan and is not coincident with the natural
boundary according to the registered plan, then the following note, with modification as
necessary, must be shown on the plan:
“This plan shows the natural boundary according to (note the plan number) and an
opinion on the location of the present natural boundary based on field survey.

The
natural boundary according to (note the plan number) may not reflect the current
extent of title.”
There may be valid reasons to prepare a non-statutory plan without depicting the present
natural boundary; however, land surveyors should be careful when preparing plans which may
not reflect common law principles. Land surveyors must recognize a knowledge imbalance that
exists between a land surveyor and their client and always put client and societal interests first. On July 15, 2021, the ABCLS published an interpretive bulletin titled Showing Present Natural
Boundaries on Posting Plans. While that bulletin does not apply to non-statutory plans, the
interpretive guidance it contains may assist land surveyors in understanding the reasons for this
new practice guideline.

In addition, an article prepared by the Surveyor General, and noted in
the references at the end of this practice advisory, explains how the extent of title is the same
as the extent of ownership. In summary, a plan which properly accounts for the ambulatory
nature of natural boundaries is in the public interest. Observing Local Bylaws
Non-statutory plans are often relied on by local governments when considering development-
3
related applications such as subdivision, development permit, development variance permit,
OCP and zoning amendments, board of variance, building permits, and tree permits. When
conducting surveys and preparing plans for these purposes, land surveyors must be aware of
and comply with all local bylaws.

It is particularly important that feature labelling on plans conforms with definitions in local
government bylaws. Local governments in BC are largely autonomous and enact various bylaws
to regulate the use of land. Commonly used terms are usually defined in these bylaws, and their
definitions can vary from local government to local government. The correct usage of
definitions is critically important when structures are included on a plan. Different types of
structures can have different setback requirements. Incorrectly determining a structure’s type
can result in problems for the local government and the land surveyor’s client. Photographs
should be taken of all structures, as this will allow the land surveyor to assess the structure to
ensure its depiction and labeling conforms with bylaw definitions.

If unlawful structures exist at the time of survey, they must not be ignored. They must be
shown on the plan and labeled correctly. If a land surveyor is uncertain about bylaw requirements or definitions, they must seek
clarification and resolve the uncertainty with local government staff. Plan Certification
Every non-statutory plan must identify the land surveyor responsible for it. For clarity, it is not
sufficient for the plan to identify only the firm which employs the land surveyor. In addition, every non-statutory plan which involves the practice of land surveying, as defined in

section 1 of the Land Surveyors Act, must be certified correct by the land surveyor, and indicate
their commission number, the date of certification, and the date the field survey was
completed. The practice of land surveying is defined in

section 1 of the Land Surveyors Act as follows:
"practice of land surveying" means
a) the measurement of land or airspace to
4
(i) determine, locate, define, describe, establish or re-establish boundaries, or
(ii) determine the location of any natural or artificial feature on land or in airspace
relative to a boundary for the purpose of certifying in writing the location of the
natural or artificial feature,
and without limiting subparagraphs (i) and (ii), may include
(iii) integrating any monument that defines a boundary, either directly or indirectly,
with a network of geodetic points of any order of precision and determining
coordinate values for the monument when those values are used in the
development or maintenance of a geographic information system that will be
used in whole or in part for determining or establishing boundaries,
(iv) establishing control points for the purpose of carrying out the activities in
subparagraphs (i) to (iii),
(v) preparing maps, plans and documents in any format with respect to determining
or establishing boundaries, and
(vi) giving advice with respect to land surveying, determining and establishing
boundaries and spatial relationships and the rules and regulations pertaining to
land surveying, and
b) advising on, reporting on or supervising any of the activities listed in paragraph (a);
Building location certificates, some plans of topography, and other types of non-statutory plans
are captured under the above definition and require certification.

Land surveyors should indicate the purpose for which the plan is prepared and use appropriate
disclaimers regarding any use of the plan by a third party, identify information on the plan
which was obtained from other sources and not prepared under the supervision of the land
surveyor, and otherwise ensure the plan purpose and limitations are clear. Example disclaimers
can be found in Chapters 12 and 13 of the Professional Reference Manual and under Example
Plans on the ABCLS website. See Building Location Certificates and Site/Topographic Plans. For clarity, computer-aided design (CAD) files do not require certification. In instances where a
CAD file is issued, it is recommended that a certified hardcopy or portable document format
(PDF) file accompany delivery.

Certification signifies that a land surveyor assumes professional
5
responsibility for the specified intent of the non-statutory plan. Non-statutory plans will be relied on by others for the purpose or purposes indicated on the
plan. All non-statutory plans must meet all applicable standards of practice, whether they
require certification or not. References
Association of BC Land Surveyors (2023). Bylaws. Retrieved June 30, 2023, from
https://abcls.ca/page/bylaws-policies
Association of BC Land Surveyors (2023). Code of Ethics. Retrieved June 30, 2023, from
https://abcls.ca/page/code-of-ethics
Association of BC Land Surveyors (n.d.). Example Plans. Retrieved June 30, 2023, from
https://abcls.ca/page/example-plans
Association of BC Land Surveyors (n.d.). Professional Reference Manual chs. 8, 12, and 13. Retrieved June 30, 2023, from https://abcls.ca/page/other-practice-resources
Association of BC Land Surveyors (2023, February 10).

Showing Present Natural Boundaries on
Posting Plans. Retrieved June 30, 2023, from https://abcls.ca/page/interpretive-bulletins---
practice-advisories
Schlossberger, C., Surveyor General of British Columbia (n.d.). Extent of Title and Extent of
Ownership. Land Title and Survey Authority of BC. Retrieved June 30, 2023, from
https://ltsa.ca/extent-of-title-and-extent-of-ownership/
6
0.0 2023-06-09 Formal review draft
7

Sec. 244(1)(f)(ii)- Requirements for
portions of buildings that extend beyond the limits of the
parent parcel. Plan Requirements Following DLT Practice Note 01-18. Version 1.2, Published April 2023
The Director of Land Titles Practice Note 01-18 was issued and became effective on February 1, 2018. The
issues and required practice regarding portions of buildings that extend beyond the limits of the parent
parcel of a building strata development are clearly summarized in the Practice Note. The purpose of this
PAD Practice Advisory is to establish a set of guidelines/best practices for practitioners to follow when
depicting the encroaching portions of buildings on strata plans.

In reviewing a number of examples of registered strata plans prepared in recent years, where portions of
buildings extend beyond parent parcel boundaries, we have noticed that there are a variety of practices,
some good and some bad, being employed, such as:
• Not showing the encroaching portion of a building that lies outside the heavy outline (poor
practice);
• Showing the encroaching portion of the building with a dashed or solid line on the strata plan
and appropriate labeling of the structure (good practice);
• Not showing the encroaching portion of a building on sheet 1 but disclosing the existence of an
encroachment on a later sheet of the plan (poor practice);
• Noting that the limit of a strata lot is not defined by a wall but by the limit of the parent parcel,
because the interior space extends outside the parcel, such as a bay window overhanging a road
(good practice provided the rest of the building that extends beyond the parcel boundary is
shown);
• Not showing easements even if they do exist or will be registered at the same time as the strata
plan (poor practice);
• Showing the easements, either 2D or Volumetric, that are already in place or will be registered
at the same time as the strata plan (good practice);
• Form U1/U2 is correctly executed identifying that certain parts of the building are not within the
parent parcel boundaries (good practice);
• Form U1/U2 is incorrectly executed using form U1 only, even when an encroachment clearly
exists (poor practice).

Various combinations of the above practices result in inconsistent strata plans. Some of these plans fail
to provide adequate information to clearly and unambiguously depict/describe the encroachment(s),
resulting in confusion and uncertainty for the end user. It is therefore incumbent upon practitioners to
provide a consistent and clear presentation on the strata plan as to which elements of the building(s)
extend beyond parent parcel boundaries, and the related plans that support the encroachments. Users of
the strata plan must be able to understand the extent of their ownership and the extent of structural
features that are outside their ownership and exist as common assets of the Strata Corporation or are the
responsibility of a third party.

Accordingly, the following guidelines are to be followed:
• Strata plans must show all parts of buildings that encroach outside the parent parcel on floor
plans and cross-sections along with qualitative descriptions of what is encroaching;
• Strata plans must show the related easements or parcels that have been or will be created to
contain the encroachments;
• Form U1/U2 must be completed correctly on the Plan Certification and the related statement
must appear on the face of the strata plan in accordance with Survey and Plan Rule 7-6(4)(c).

By way of clarification, items that are not part of the building but detachable and intended to be
changed over the life of the building, like signs and awnings, are not intended to be captured as
common assets and need not be shown. These items are permitted through approvals at local
government level that are outside the building permit process. Portions of the building that should be shown include parts that may not be structural but are attached,
such as a cornice, that may well be mounted and attached to the building’s exterior by bolts, or a
balcony. These examples are permitted through the building permit process. In some complex developments the application of the general guidelines above may not be obvious.

For
instance, when dealing with phased strata plans, careful consideration must be given to the
representation of building elements that may extend into subsequent phases. Similarly within air space
2
parcels over which a strata plan is prepared, special attention needs to be focused on showing
“encroachments” over neighbouring airspace and non-airspace parcels, remainder parcels and roads. When in doubt consult with the appropriate Registrar or Deputy Registrar prior to finalizing the plan for
registration, or speak with the Practice Advisory Department. The Survey and Plan Rules address these items with rule 7-5, which states:
7-5 General Plan Requirements
(1) Nothing outside the parent parcel can be designated as a strata lot, limited common
property or common property or portion thereof.

(2) Where portions of a building fall outside the parent parcel:
(a) On applicable sheets including cross-sections, the plan must show all building
encroachments outside the parent parcel that are relevant to the strata being
created along with descriptions of what is encroaching;
(b) The related easements or other registered interests that have been or will be
created to contain the encroachments shown in Rule 7-5(2)(a) must be shown on
the plan;
(c) Form U must include clause 2 when completing the Survey Plan Certification form. The related notation must appear on the face of the strata plan in accordance with
Rule 7-6(4)(c). Questions should be directed to the Practice Advisory Department. VERSION CONTROL HISTORY
1.0 2018- Initial version.

1.1 2018-09-19 Re-issued
3
1.2 2023-03-21 Document title changed from Practice Advisory 2018-01 to
current title. Removal of duplicate material with title change. Update to Survey Rules number
Text amendments for clarity
4

Section
138)) must be referenced to the official vertical datum for legal surveys in BC which continues to be
Canadian Geodetic Vertical Datum of 1928 (CGVD28). This requirement is found in Circular Letter 465B. For work where no plan is submitted to a registry (e.g. topographic plans, layout for engineering
projects) Land Surveyors may need to reference their heights to some other vertical datum such as
the Canadian Geodetic Vertical Datum of 2013 (CGVD2013) or an assumed local datum, depending
on the needs of the client. Planning for the official adoption of CGVD2013 in BC is underway, however, it will still be several
years before CGVD2013 becomes the official vertical datum for legal surveys in BC.

The delay in
adoption is related to difficulties that the Province has experienced in arriving at an alignment
(within acceptable accuracy) of all geodetic infrastructure throughout BC with the new datum. A
Stakeholders Working Group has been established to review the circumstances and the Group has
agreed that further investments need to be made into the Province’s geodetic infrastructure before
adoption of the new datum will be acceptable. Regardless of the status of CGVD2013 adoption,
Land Surveyors need to begin learning how to work with the two datums as it will eventually be a
daily occurrence. Even after the official Provincial adoption of CGVD2013, Land Surveyors will find
themselves in scenarios where some projects and clients continue to operate in the legacy datum or
in local vertical datums.

Many data products in circulation may also remain in the legacy (or local
datums) in the future. The co-existence of two vertical datums in BC has the potential to create confusion. Depending
on the location, there may be differences in heights exceeding 1 metre for a surveyed elevation
referenced to CGVD28 versus CGVD2013. Throughout most of BC, differences are less than 50cm. The difference between datums varies and, for much of the province, the magnitude of the
difference is only approximately known at this point in time. The purpose of this Practice Advisory is to raise awareness about the existence of the two vertical
datums, identify their characteristics, and to suggest some tips to help minimize errors due to the
inadvertent mixing of vertical datums.

Characteristics of CGVD28 and CGVD2013
Canadian Geodetic Vertical Datum of 1928
• CGVD28 is the current approved vertical datum in BC for legal surveys as specified by the
Surveyor General in Circular Letter 465B. • The datum is realized through a nation-wide network of physical benchmarks where heights
were established by levelling. The most accurate means of accessing the vertical datum is
achieved by connecting project control directly to geodetic control monuments (GCMs) that
have been accurately integrated into the datum. The monuments themselves therefore
govern the datum. GCMs that show “Spirit Levelling” as the method of observation, and
“Integrated” as the vertical integration status on MASCOT long forms have been accurately
integrated into the federal network of elevation benchmarks.

• Elevations for MASCOT monuments continue to be referenced to CGVD28 as of the date of
this publication. The Province does not provide CGVD2013 heights to the public at this point
in time. • In areas without MASCOT (or federal passive) monuments in close proximity, the use of the
HTv2.0 hybrid geoid model in conjunction with GNSS observations may be the only practical
means of arriving at a CGVD28 height. The use of GNSS without reference to passive
geodetic infrastructure is considered acceptable in this circumstance. There are different
versions of the HTv2.0 model and therefore Land Surveyors must know which version is
appropriate for their geographic location.

Please see the “Use of HTv2.0 Models for Height
Derivation in British Columbia” page on GeoBC’s website for further information on
selecting the correct epoch of HTv2.0 for survey projects in BC. • In areas where passive geodetic infrastructure is abundant, use of GNSS to “parachute” in
an approximate realization of CGVD28 without any connection to the established geodetic
infrastructure is problematic and can lead to substantial misalignments between
neighbouring projects. Ignoring passive geodetic infrastructure in the immediate vicinity of a
project contravenes the governing principles of CGVD28, as the datum was conceived in an
era long before GNSS technology. Keep in mind though, that the geodetic infrastructure is
subject to natural and non-natural motions over time.

Inspection and evaluation of the
monument condition is advisable prior to acceptance and use of published values as a basis
for your survey. 2
Canadian Geodetic Vertical Datum of 2013
• CGVD2013 is the federal reference standard for heights across Canada. It is defined as a
static vertical datum. • See the document “Height Reference System Modernization” on the NRCan website for a
detailed paper and useful background on this topic. • CGVD2013 elevations are realized by direct GNSS observations and the application of the
CGG2013a geoid model to observed ellipsoid heights. • The best means of accessing the vertical datum is by direct long/precise GNSS observation
(e.g. using the Precise Point Positioning service, or Static baseline ties to Canadian Active
Control Stations).

• If benchmarks with published CGVD2013 elevations are used as the reference, any error in
the published CGVD2013 height of the benchmark will carry forward into your work. CGVD2013 elevations published for federal benchmarks on the NRCan website, where GNSS
observations were not collected, are approximate because they are calculated from an
adjustment of historical levelling data constrained to GNSS observations and CGVD2013 at a
number of selected benchmarks. • In the coming era of CGVD2013, the provincial geodetic control database will have a new
field providing vertical uncertainty estimates. Not all monuments will have high vertical
precision and therefore Land Surveyors must make note of the precision of the published
heights they are using.

• Provincial and local government LiDAR projects are now being referenced to CGVD2013 in
preparation for the eventual adoption of the datum. • There are 2 parameters that Land Surveyors must define when referencing CGVD2013
heights in a plan/document:
a) The geoid model (currently CGG2013a). b) The epoch for GNSS observations. Changes to either of the 2 parameters will yield different orthometric heights. It will
therefore be important for Land Surveyors to begin recording each of these parameters on
all vertical datasets; stating “CGVD2013” alone is an incomplete record. Geoid Model Notation
The official geoid model for CGVD2013 has been CGG2013a since 2015. New and improved geoid
models may be released in the future.

Changes between geoid models will result in changes to
orthometric heights and therefore noting the geoid model will provide a means to convert datasets. 3
Epoch Notation
NRCan’s official reference epoch is 2010. However, when processing GNSS data operating in a single
epoch for both the horizontal and vertical components would be the least problematic. Operating
on different epochs would require separate data processing for the two components and add
unnecessary complications. In BC there are three common epochs in use; 1997 on Vancouver
Island, 2002 for the remainder of the Province, and also 2010 when working in the official federal
datum of NAD83 CSRS v7.

The orthometric height (in the new vertical datum) at a given location changes over time due to
constant motion of the earth’s crust. In order to provide a static and consistent reference system, a
necessity for feasible georeferencing, official reference epochs have been defined in BC and all
other provinces across Canada. By contrast, CGVD28, by definition has no such parameter. Orthometric heights in CGVD28 are treated as “locked” – any vertical movement of the earth’s crust
is accounted for by defining reference epochs of the HTv2.0 model for GNSS users. Land Surveyors can also expect a newer standard reference epoch in the future, e.g. Epoch 2020. It
is therefore best practice to determine the appropriate epoch for the survey type and client’s needs
on a case-by-case basis.

Datasets that have the epoch recorded can later have an “epoch
transformation” applied to them; mobility between epochs is possible through NRCan’s TRX
application. Recording the epoch therefore enables compatibility between present and future
datasets that have different reference epochs. The BC Active Control System and CGVD2013
The BC Active Control System, since inception, has been “moulded” to best fit with CGVD28 in
conjunction with a standard height transformation model (currently either HTv2.0 Epoch 1997 or
HTMVBC00_Abb). Published values at all BCACS stations have been derived by first determining the
orthometric height and then applying the assumed geoid-ellipsoid separation from the appropriate
height transformation model to derive a hybrid ellipsoid height.

For this reason, the current
published heights of all BCACS stations are therefore not appropriate for CGVD2013 height
derivation. The current published values are meant to provide Land Surveyors with optimal
compatibility with the CGVD28 heights of local passive GCMs in the vicinity of each BCACS station. Meanwhile, the CGVD2013 reference system is defined in the opposite manner – the ellipsoid is at
the root of the new datum. Therefore, Land Surveyors who wish to use BCACS to derive CGVD2013
heights, must first obtain true ellipsoid heights at the stations being used; these values are not
currently published by GeoBC, however values can be provided by submitting a request to
GeoBCInfo@gov.bc.ca .

4
Tips for working with Vertical Datums
• When working with new projects, Land Surveyors must ensure that any plans
or reporting created includes explicit notes about which vertical datum (and
datum parameters) is referenced. Land Surveyors should also ensure they
are aware of the prescribed vertical datum for specific purposes. For
example, a municipal bylaw1 requiring certification of a minimum elevation
for a building foundation or infrastructure/services may already require
elevations in CGVD2013. • When the work involves joining a project in progress, the land surveyor must
pay close attention the vertical datum of the initial project by reviewing the
project documentation and confirming with check observations that they are
able to continue work in and reproduce results in the specified datum.

• Making assumptions about a project’s vertical datum without proper
confirmation has the potential to result in substantial problems and can be
very costly both financially and reputationally. • In the absence of documentation identifying the vertical datum, the surveyor
must carry out sufficient field work to determine which vertical datum the
project is based upon. • In all instances, field surveys involving heights must always include sufficient
quality control processes and redundant and rigorous field and office
procedures that will catch errors related to datum referencing. Questions on this topic can be directed to the ABLCS Practice Advisory Department or the Surveyor
General’s Office as deemed appropriate. 1An Example bylaw from the Cowichan Valley Regional District which requires the use of CGVD2013
https://www.cvrd.ca/DocumentCenter/View/103531 (see

section 3. a.) 5
Version Control History
1.0 2022-10- Initial version. 1.1 2023-03-21 Document title changed from Practice Advisory 2022-1 to
current title. Credit to other agencies amended
6

Section 100(1)(a) of the LTA to
update the title. o Adding a notation such as “This plan shows the natural boundary based on existing
land title office records (note the plan number) and may not reflect the true extent of
ownership or parcel dimensions”
2. Your client has owned their 30 acre lot for 35 years in a rural area and has
approached you about subdividing it into as many 5 acre lots as they can get. This is
their retirement program and they have never subdivided before. a. Please explain what research you would do prior to the first meeting with them.

--Using GIS, google earth, street view or site inspection: the location, access of property,
physical surrounding topographical conditions, natural boundary (any water course cross the
property), property dimensions. ---Did we do some similar jobs in this area ( maybe useful for estimation). ---Zoning Bylaw &Development bylaw. subdivision requirements (lot size and dimension),
service requirement, Access requirements. Is this property located in the Agriculture Land Reserve area or affected by the Agriculture
Land Commission Act. Using BC online get: a copy of the certificate of title, miscellaneous notes, all pertinent plans
of
parcel being surveyed, plans for adjacent properties, registered encumbrances/charges. ---The original Crown Grant and the original Crown Grant Sketch, field notes and
records. 1
b.

How would you advise them in the initial meeting and what may you want to get
from them. I have to know the development purpose of the client (subdivide for residential or farming,
commercial, industrial). What is the expected timeline of client. The client’s contact
information. I would advise the client consult to the District Transportation Office (rural subdivision) or the
Agriculture Land Commission. c. Assuming the zoning is in place for the project what would you do and/or obtain for
a subdivision application. We should research the zoning bylaw, and find the required minimal lot size, minimum lot
width and depth. Make sure the design of subdivision agree with the zoning bylaw. d. What must be included in a subdivision application to a Provincial Approving
Officer?

o Subdivision application form
o Original copies of the proposed subdivision plan/layout
o One copy of the current State of Title Certificate so that property encumbrances can be
checked
o Copies of any covenants, easements, right-of-way or other charges registered against
the title. o An authorization letter from the owner if someone else, such as an agent, is applying on
the owner’s behalf. 3. A landowner approaches you to mark the property lines of his 4 hectare lot for
fencing purposes. It is a total of about 900 metres and he has 3 of the 4 survey corners
already. During the course of your conversation it becomes obvious that there are
issues between him and one of the neighbours.

He accuses that neighbour of
removing the missing post and encroaching onto his property. He wants to charge the
neighbour with removal of survey evidence. a. What would you advise him in regards to the charges? Before charge the neighbour, we must consult with a lawyer, and collect evidences. It
may be primary evidence or secondary evidence, which indicate the neighbor move the
survey evidence. Any pictures, video, or witness. Also have to carry out a legal survey to confirm the neighbor’s encroachment. b. Would you replace the missing post and if so how would you explain this extra work
to the client? Yes, the missing post should be replaced.

In order to replace the post, a land surveyor
have to carry out a legal survey, include searching sufficient legal evidences, re-establish
and post the missing corner, file a posting plan or reference plan to LTO. c. What would you do prior to starting the field work? (sufficient research)
2
Using GIS, google earth, street view or site inspection: the location, access of
property, physical surrounding topographical conditions, natural boundary (any water
course cross the property), property dimensions. An aerial photo may be useful for legal
searching. Research of the certificate of title, miscellaneous notes, all pertinent plans of parcel
being surveyed, plans for adjacent properties, registered encumbrances/charges. The original Crown Grant document and the original survey field notes may helpful. 4.

On October 3, 2012 the Survey Rules committee requested member input into a
proposed rule change dealing with ancillary evidence. The proposed rule change
allows more discretion by the Land Surveyor as to when some types of ancillary
evidence should be used. a. Are you aware of the requirement for member consultation on changes to survey
rules and what are your thoughts on providing feedback. I do aware of the consultation. And in my opinion, the land surveyors should try to provide
some effective and practical feedback for the rule changing. As the rules used to guide the
practice of BCLS, it is better derived from the practicing members. b.

What type of things are ancillary evidence, what are your thoughts on the benefit of
their use in the surveying world? In land surveying, ancillary evidence are reference points to restore the position of monument. For example, Reference posts/Guard stakes, Witness posts, Bearing trees, Stone mounds,
Cairns. They are useful for land surveyor to search and restore the position of monuments. Also helpful to protect the monuments. c. The survey rule change specifically dealt with the making of bearing trees. Can you
explain why we may not want to make bearing trees and when you feel it may not be in
the public interest to use them?

In rural or mountain areas, bearing trees may be good ancillary evidence for their durable,
however, bearing tree may not available in urban areas. In tree bylaw of some municipalities, some categories of trees that cannot be cut. In the
public interest, making bearing trees would be environmentally or aesthetically unacceptable. 5. (Dec 2012, May 2009, April 2005)
a) Describe all the items that you would consider in preparing an estimate for a
Land Title Act (subdivision) survey in Williams lake? b) What is a reasonable hourly rate for a land surveyor? c) Is it reasonable to mark up expenses over the actual cost? Yes,
d) How would you determine a fair price to charge for a survey post? 5.

You have been asked to provide an estimate for a 20 lot subdivision in the City of
Kamloops. Can you please describe the following? (Dec 2012)
a. What items would you consider in arriving at the estimated price? 3
If we have a land surveying branch office and experience in Kamloops, the cost may
calculated as regular job:
Hour’s rate for different positions, list of tasks (client contact, job research, field survey, office
calculation, plan preparation, etc. ), time consuming for each taskes. Document(plans/title) fee, materials(post/stake) fee, traffic tools and gas. Except the items include in regular project in my working areas, I have to consider the cost
and time spend on the transportation to Kamloops, and accommodation cost in Kamloops.

What’s more, if I don’t have a branch office in Kamloops, and if never did survey in the area,
the cost may include a reasonable higher contingency allowance (20% -30%). I’ll suggest the client find a BCLS in Kamloops, recommend one BCLS for him. b. What is a reasonable hourly rate for you the Land Surveyor on this project? So far in my company, the rates are: BCLS-150$/HR; Off Tec-90$/HR (senior staff);
FldTec-90$/HR(party chief); Asst-70$/HR; Clerk-60$/HR. May include accommodation fee. c. Is it reasonable to mark up expenses over the actual cost and if so by how much? Yes, it is reasonable, between 10% and 15%. Because of the fact that you must pay for the
item and then bill the cost to your client.

The markup reflects the time, inconvenience and risk
associated. d. What is a contingency allowance in estimating? Can you explain the four categories
of estimates and what the recommended contingency allowance is for each? A contingency allowance is added to an estimate to cover costs that are indeterminable at
present, is used to mitigate the affection of unforeseen costs to the integrity of the estimate. Class “A” estimate (0-5% contingency allowance): based on a detailed task profile from
“fixed” specifications.Used to determine a fixed fee quotation or hourly rates. Have complete
knowledge about the project’s boundaries, site conditions, and improvements. Class “B” estimate (10-15% CA): contracting out services on an hourly rate with applicable
expenses included, and is derived from “general” specifications.

Have all relevant property
records and has completed an initial site visit to view the terrain, the ground cover. PLA is on
file, the estimator has recently completed similar work, and has compared previous project
accounts with the proposed assignment. Class “C” Estimate (20-30% CA): limited specifications, limited site information, and
probable conditions which may affect the project. Only have general information(such as the
civic address, a basic legal description and/or the size and shape of the subject property). Used for initial project planning, to obtain approval in principle for contracting an assignment
based on hourly rates and expenses, or to encourage further discussions to establish more
precise specifications for a higher class of estimate.

Class “D” Estimate (40-50% CA) Have preliminary specifications only, and is prepared with
insufficient site information. Based on the client’s broad requirements and indicates only an
4
approximate summation of costs. The estimator is approached by a prospective client who is
considering investing in raw land for the development of urban residential properties and is
asking for a “ballpark” figure for survey costs. This estimate is used only to initiate further
discussions with the client so that more precise specifications can be established resulting in
a higher class of estimate. 6. A client hires you to prepare a BC Land Surveyor’s Certificate of Location on an
outbuilding (accessory) that was recently constructed on their property.

You
determine that the building is 1.45 metres from the property line, rather than the 1.5
metres the zoning bylaw requires. The client sited the building based on a fence line
and consulted the neighbour about the location of the fence. Your client asks you to
change the setback to 1.5 metres as the neighbour is happy with the location of the
building. a. What would you say to them? (Dec 2012, May 2011)
I would say sorry to them, it is unprofessional conduct, damage the public interest. My
fundamental responsibility is to protect the public interest. b.

What would you say if they said “what would it take to change the setback on your
certificate, after all no one is adversely affected and it is only an inch or so”
I still say sorry to them. It is against with my oath to becoming BCLS, “faithfully and without
partiality perform my duties”
It will also affect the reputation and dignity of the Association of BC land surveyors. 7. What is the purpose of this interview; why are you here?

(Dec 2012, May 2006, Nov
2005, April 2005)
(The purpose of this question is to get the candidate to think about the trust that the
government and society have placed upon the Association in being a self-governing
profession – with specific regard to ensuring candidates wishing to become land surveyors
are appropriately qualified. Appropriate answers include:
The interview is focused on gaining an insight into the candidate's knowledge(education
and experience), manner, and professionalism. To ensure that the candidate displays the ethical standards appropriate for a land surveyor. The ability to represent oneself as a professional before the public is a critical component
of the assessment being undertaken during the interview.

This interview is of a subjective nature and covers a broad range of topics that may include
the art of land surveying, ethics, business practice and procedures, bylaws of the
Association, and a range of questions pertaining to the practice of land surveying. Past President
1. Tell us how you became interested in land surveying, specifically, and tell us a bit
about your education and experience to date. (Dec 2013, Jun 2013, Dec 2012, June
2012, May 2011, Nov 2010, Nov 2009, May 2009, May 2007)
5
I was good at math in high school, so after high school I took Engineering Survey Program
in university. In study of university, I became very interested in surveying, and got my
Engineering bachelor degree after 4 years studying.

After graduation in 1996, I worked for the largest one Engineering Company for 11 years, in
China, The projects include road construction, tunnel construction, bridge construction and
many high-rise building. I learned a lot in the diversity projects, and used to stress and
tough working situations. I immigrated to Canada in 2007, before I landed in Vancouver, I did some research and set
my goal which is becoming a BCLS. So the second day after arriving in Vancouver, I went to BCIT and consulted with Ian and
Joan Yau about the Geomatic Technology Program. How can I become a BCIT student and
BCLS.

At that time, my English was not qualified to register the Program, so I went to adult high
school to learn English one year, then became a BCIT student in 2009. I finished the scheduled courses of Gematic Technology Program in BCIT, in scheduled
time. These 2 years in BCIT is most tough time in my life, even in my dream, it was
homework, quiz, midterm and final exams. Anyway I made it. After graduation from BCIT, in 2010, I worked for Grewal Land Surveying Company from
survey assistant to party chief and office technician; and articled in Lucky Grewal. In this
period, I was improved greatly with land surveying practical knowledge, skills and
experience. 2.

(Nov, 2010, Nov2009)
a) Why do you want to be a professional land surveyor? Firstly, I am good at math and interested in the land surveying. Secondly, my education prepare me to become a professional land surveyor. I majored in
Engineering Survey Program and Geomatic Technology Program. My work experience also prepare me to be a good professional land surveyor. You may ask why I not to be an Engineering Surveyor, that is good question. I have 11 years’ experience of engineering survey, most of time worked far away from
family, at that time, I was not married or had no children. So far, I have two kids, they still
very young 2 and 6 years old.

To be a land surveyor, I can take to more responsibility to
family. b) If you are successful and become a BCLS, what immediate changes do you
expect see from your present role; in the office and life outside the office? The immediate changes in the office may be converted from majorly technical and skilled
work, to supervising of land surveying. I have to make more decision or resolution about
the survey problem. And I have to deal with more issues from clients. Consider the life outside the office, as I know become a BCLS is just the beginning of
career, definitely is not the end of study, passed all the exams just means I am familiar with
the resource of knowledge as a BCLS.

It is not indicate I know all the knowledge or
6
information of land surveying. I cannot stop learning, but the study will become interested from stressed. I’ll spend a little
more time with my kids and wife. 3. In your opinion: (December 2012, June2012, May 2011, May 2010, November 2009,
May 2009)
a. What traits make a good land surveyor? Responsible, aggressive, strong communication skill( team player,…
b. Which of these traits would you consider your strongest and why? My strongest trait is sense of responsibility. If the employer or others assign me a task,
no matter it is hard or easy, I’ll complete it as required. To do this may require hard
work, lots of research and study, or consultation with other professionals.

c. Which would be your weakest and what measures have you taken to improve
your weaknesses? d. What measures have you taken to improve your weaknesses? English communication skill is my weakest. In order to improve my English communication skill I studied in adult high school for one
year. The two years studying of Geomatc Technology program in BCIT, my English language
and communication skill was improved a lot. The past three years to be article student, I spent most of spare time on preparing exams. I did a lot of research and reading of professional papers, statutes, regulations, and
bylaws, which are helpful to improve my communication skill. Of course, I’ll never stop improving my communication skills in my practical wok and life.

If necessary, I may take some communication skill courses again. a) Why will you be a good land surveyor? Firstly, I have the education background to be a good land surveyor. My education was
majored in engineering survey and Geomatic Technology. Secondly, my work experience and training in engineering survey and land survey. I
have 11 years’ engineering survey experience, almost 4 years BC land surveying
experience. Specially, the 3 years of article period, I learned what required to be a
good land surveyor. Third, the personality of responsible and aggressive are very important to be a
professional, both these two are my strengths. b) What sort of traits/skills might be better suited to a BCLS vs. a technologist?

Strong communication skills and management skills may be better suited to a BCLS
vs. a technologist. As we know, many BCLS have their own business, become partner of
other BCLS, or are the seniors in land surveying company. Part of their role is to deal
with clients including estimate cost, setup project scope, prepare contract or agreement,
solving problems in land surveying. Another one basic role is provide supervision for land
survey technicians or technologies, other than to operate instruments or using AutoCAD
to draw a plan. The strong communication skills and management skills may be better
suited to a BCLS vs. a technology. 7
3. In your opinion should Continuing Professional Development for ABCLS members
be mandatory or optional?

(Dec 2012, May 2010, November 2006)
In my opinion, both mandatory and optional are necessary. It should be mandatory for a
BCLS to take formal CPD training in a period, such every 4 years. The voluntary CPD
participation may yearly or any other time. Or some BCLS may be behind evolving of
statutes and regulations, business practices and survey technology. 4. The ABCLS’s new Strategic Plan has a vision statement that says “The Association
of BCLS will fulfill its public trust as a progressive, accountable profession”. a. Tell us what this statement means to you and how is this accomplished? Use the effective knowledge and skills to serve the public. Continuing improve land surveying competency. Closely adhere to the provision of survey
related legislation, regulations, rules and bylaw.

Effectively communicate with clients, keep
confidential information obtained from clients. b. The Strategic Plan also states that the Association is accountable for upholding the
professional competency of its members. Please describe what you think the term
“Professional Competency” means in regards to a BC Land Surveyor? As BCLS, the professional competency may include: informed of land surveying knowledge
and technology; completely understanding of Association bylaws, regulations and rules,
related provincial and federal statutes, and local bylaws; Attain and keep professional
standards of practice; adherence to ethical conduct. 5. As a professional land surveyor and a member of the Association, in your opinion,
who is your number one customer and why? (December 2012, June 2012)
Public is our number one customer.

The fundamental responsibility of a BCLS is to protect
the public interest and good quality of survey system
6.

Section 100 of the Land Title Act deals with “Re-establishment of boundaries”. Your
client wishes to consolidate two adjacent properties created on the same subdivision
plan. One property is owned by your client and the other property is a remnant portion
of City land soon to be acquired by your client. How would you advise your client to
proceed and what factors would you consider in your discussions? o Obtain the title of the other property from City. o BCLS consider Prepare a reference plan or explanatory plan (the age of original survey,
any natural boundary cross the property?) o Submit an application to the Registrar, signed by the owner, and consented to by each
holder of a registered charge. o The duplicate indefeasible title, if any.

o A consent of the holder of a mortgage must be given 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. 7. It is often said that land surveying is as much an ‘art’ as it is a ‘science’. What does
this statement mean to you? (PP-Dec 2012, PP-Jun 212, SG-May 2011,)
8
It may mean that land surveying is both an art and a science:
As a science, we apply technical knowledge and skills to solve problem. Our practice should
compliant with professional standards, rules, statutes, regulations, bylaw, and ethical

As an art, a land good surveyor must respect to history, legacy and traditions. Land surveying
is based on historical evidence and recorded documents. Searching, evaluating, and
applying these evidences and records to establish and re-establish boundaries. 8. Schedule E of the Association bylaws is the Form of Oath to become a British
Columbia Land Surveyor. Part (b) of the oath or affirmation you will be required to
make says, “I will faithfully and without partiality perform my duties as a land surveyor
and member of the Association of British Columbia Land Surveyors according to the
law.” (Dec 2012, June 2012, Nov 2011, Nov 2009, May 2009)
a) Please explain what Part (b) of the oath or affirmation means to you.

b) What does this mean to you?9
A land surveyor protects the interest of clients, do not damage the interest of public or others. Protect the integrity of land survey system in BC. Maintain the reputation and dignity of the
Association. c) What is your understanding of “duties as a land surveyor”? Protect the interest of public and integrity of land survey system in BC. Improve
professional competency. d) What is your understanding of “duties as a member of the association”? Honor and maintain the dignity of the Association. Take part in the various activities
and affairs of the Association. Pay the membership fee on time. Keep effective
communication with the Association and its members. Cooperate with well the people of
Association during practice review and plan review.

e) What does “professional” mean to you? (Dec 2012, Jun 2012, May 201,Nov 2007, May 2007 )
Developing an understanding of the knowledge required and the needs associated with
the duties you perform, building the required capacity to carry out those duties to the best
of your ability, and through your actions and decisions build in all others, confidence in
your abilities. o Impartial- protection of the public
o protection of the cadaster
o life long learning through all your actions (professional and personal)
o create confidence in your abilities and objectivity
o respect and understanding of the past, with an eye to the future
What does “unprofessional” mean to you?

(Nov 2007)
Personal and professional conduct that may lead to loss of respect and trust for the
Association and the membership. 9
Such as, unreasonable low charge, fraudulent or exorbitant charge. Surveyor General
1. The Land Title and Survey Authority (LTSA) was created under statute (the Land
Title and Survey Authority Act) and began operations in January 2005. The
Association of BC Land Surveyors (ABCLS) has the ability to ‘influence’ the direction
that the LTSA takes with business operations. a. Please describe the various ways that the ABCLS provides ‘influence’ on the
business direction of the LTSA. BC Land Surveyors protect and maintain the integrity of cadastral survey system, through
their practices. Under

section 75, the Land Surveyor act, the association may make rules for surveys and
plans, including plans in electronic format. b. In August 2012 the LTSA introduces a number of new EFS forms to allow land
surveyors to interact electronically with the Surveyor General Division. Please
describe your understanding of the new functionality introduced. For land surveyors (Land Title Office Submissions)
 SURVEY PLAN (CROWN LAND REGISTRY) reissued March 10, 2013.  STATUTORY APPLICATIONS FOR DESIGNATIONS issued August 2012.  BLOCK OUTLINE APPLICATION AND PLAN---issued August 2012.  GENERAL APPLICATION AND PLAN issued August 2012.  APPLICATIONS FOR PARCEL DESIGNATION AND/OR SURVEY
INSTRUCTIONS---issued August 2012.  LAND TITLE ACT PLANS OVER CROWN LAND issued August 2012.  NATURAL BOUNDARY APPLICATIONS AND ASSOCIATED PLANS---issued
August 2012.

 POST RENEWAL FORM---reissued March 10, 2013.
c. Please describe your understanding of the LTSA Parcel Map BC project and how
land surveyors work may be impacted and how they may benefit. Parcel Map BC will be a single, complete, trusted, and sustainable map of all titled parcels
and surveyed provincial Crown land parcels. 10
The Surveyor General Division of the LTSA is responsible for the quality of the land survey
structure for the Province, and the LTSA is the official repository of survey plan and land title
information. As a result of these factors, the LTSA is proposing to undertake the development
and ongoing operation of PMBC.

In the future the application package for every new survey plan submitted to the LTSA will
include an electronic survey dataset prepared by the land surveyor who prepared the survey
plan. Parcel Map BC will provide a viable platform. Reduce risk and market confusion resulted in
using various GIS of municipality. Improve BCLS’s business efficiencies. The development of PMBC will begin in early 2014 with the first operational release
scheduled for late 2014. An incremental approach to parcel fabric compilation will be
employed, with completion and full operational capability expected in 2016. 2. Please describe the basic differences between a Posting Plan under

section 68 of
the Land Title Act and a Reference Plan prepared under

section 100(1)(a) of the LTA. Address both field survey differences and differences of the impact of the plan on the
cadastre and the land title record. Posting plan: less field works required; don’t require owner’s consent and signature;
deemed lower in rank of plan evidence, simply a land surveyor’s opinion of the location of
parcel boundaries; does not impact title; is not reviewed, confirmed or approved by the
Registrar. Reference plan: takes more field work and time; the consent and signatures of associated
owners are also required; deemed higher as original survey in rank of plan evidence; update
the title; is reviewed, confirmed or approved by the Registrar.

When discrepancy occurs between surveyed distances and the plan distances between the
found Evidences, or the boundaries are in question, and a land surveyor has to re-establish
the boundaries of the parcel by Reference Plan. 3. You have been retained to prepare legal survey plans for a development containing
more than one tower and within at least one of the towers multiple uses including
residential, commercial and institutional. Your client is considering the merits of
creating an Air Space Parcel, or multiple Air Space Parcels versus a single Strata Plan. a. What are some of the factors your client should consider before making a decision
to create an Air Space Parcel or Parcels versus a single strata plan and how would you
advise your client?

It is important to ensure the necessary easements are in place to allow any encroachments,
the supporting structures and services so that the land surveyor can comfortably sign Form U. Because it is unlikely that the entire building or structure will be wholly contained within the air
space parcel. 11
b. Are there restrictions in how an Air Space Parcel may be further subdivided? An air space parcel may be subdivided with a vertical boundary. c. Must there always be a Remainder when creating an Air Space Parcel, and why? Yes,
d. Can a Remainder be subdivided under the Strata Property Act? Yes. 4. You have been retained to post the boundaries of a privately owned, fee simple
property whose westerly limit fronts on the Pacific Ocean.

The location of the present
natural boundary is well defined by a granite cliff but does not fit the location depicted
on the parent plan. The parent plan was completed in 1907. The present natural
boundary is some 25 metres westerly of the location depicted on the parent plan. Please describe how you would proceed and what initial advice you would offer your
client before advancing the survey. Initial advice: The client may be granted the title of lawfully accreted land. We have to carry out legal survey, and professionally determine and survey the present
natural boundary, prepare a preliminary survey plan showing the present natural boundary
and natural boundary on the registered plan which title based on.

Apply to the Surveyor
General for endorsement of lawfully accretion under Circular Letter #459. Deposit the final
reference plan in the LTO, the registered owner established to the accreted land a good safe
holding and marketable title in fee simple. The Process:
---Firstly, order Crown Gran document and sketch, and to be certain that the bed of the body
of water is owned by the Crown provincial. ---BCLS visit the site to determine and survey the natural boundary,
---Pursuant to Surveyor General Circular Letter #459, prepare the preliminary survey plan,
and application package. ---Apply to Surveyor General for the lawful accretion, and pay prescribed fee.

---Upon receive of a complete application, the Survey General, may refer for comment to
provincial government agencies and local governments and other interested parties or
agencies. Or send a Deputy Surveyor General to inspect the survey site. --- Upon completing the adjudication of an application, prepare final reference plan and
submit to the Surveyor General for endorsement of certificate. ---Deposit the plan to LTO, the registered owner established to the accreted land a good safe
holding and marketable title in fee simple. 5. Survey Rule 6-11, currently allows for one-sided posting of linear oil and gas rights
of way. (Exemption Procedures)
12
a. Where does the rule apply and under what circumstances?

Apply to linear oil and gas rights-of-way, if a right-of-way has width of 20 metres or less it may
be posted on one boundary only. (GSI 6-13 not necessary oil and gas right-of-way)
If a right-of-way has a width of 6m or less it may be posted on one boundary only. If a right-of-way cross extremely rough country, the Association may, on application, permit
posting on one boundary, along the centerline or on a suitable offset. b. The rule has recently been extended to December 31, 2012. What must the ABCLS
consider before any further extensions? What must the Surveyor General consider? The ABCLS consider accepting, reviewing and processing application of exemption, and
forward the final change to the Surveyor General.

The Surveyor General considers an approval by order issued under

section 75(3) of the Land
Surveyors Act. c. Do you think such a rule is in the public interest and that with one sided posting of
oil and gas linear rights of way that the public is suitably protected? Yes, the exemptions are considered on the basis of public interest, hardship, practical
concerns and impact on the cadastre. The public interest includes the interest of the owners of a parcel and adjacent owners. d. If it is deemed to be in the public interest to only post one side of oil and gas rights
of way, could it also be in the public interest to only post one side of all rights of way
for any purpose throughout BC. Yes,. 6.

Does your office have a ‘Land Title Practice Manual’ (LTPM) and if so what are the
benefits of its use? (If you do not have access to a LTPM, please describe what
sources of information you use to address questions you may have about land title
practice matters) (Dec 2012, May 2010, Nov 2009)
Yes, we do have and often refer to LTPM. LTPM is a good source of information to address
statute questions. When it is hard to decide what type (reference plan, explanatory plan,
posting plan) of plan to prepare, and the process of application. Also when we have any confusion to the provision of statute, we…. JUNE 2012
President
1.

The Practice Advisory Program is set up to assist members in their practice, with
professional development and to ensure that good quality legal surveys in the
Province continue. a. Can you tell me the structure of the Practice Advisory Department (PAD), the role of
the Practice Advisory Panel (PAP) and how people are selected for both? The Practice Advisory Panel is consist of 4 land surveyors (a chair and vice chair), who are
appointed (annually and occur in AGM ) by the Board of Management. The members are
13
generally to be appointed for a term of 2 years; to be appointed they must be in good
standing for not less than 5years.

The PAP leads the Practice Advisory Program and ensure that the program remains
dedicated to continuing professional development. To provide leadership and direction to the
Practice Advisory Department
PAD has 2 primary activities: operating the Plan/Practice Review program and fulfilling
responsibilities related to Professional Practice Services. Gordon Gamble—Practice Advisory Manager (full time ABCLS staff); Debbie
Palecek—Technical Assistant (full time the ABCLS staff); George Fenning—Contract plan
reviewer (part time); Tom Tryon—Contract practice reviewer (half time); Richelle
Benoit—Contract document specialist (as needed). b. Can you explain the types of reviews the PAD does on members? Plan review—1 review each year for all practicing land surveyors who produce statue plans
and 2 reviews during the first year of practice for newly commissioned land surveyors.

Practice review—one review every 5 years for all practicing land surveyors. (Level 1, Level 2,
Level 3). All new commissioned practitioners (a level 2 review will be done within the first 2
years of practice)
A level 3 Review would occur only when a significant issue or shortcoming is identified in a
member’s practice that could not be resolved through dialogue or PAD assistance. c. What are the benefits of this program? To ensure the protection of the public trust by ensuring the professional competency of
members. Educational articles and bulletins are issued on line, to assist all members in
content with the objective of the CPD Committee. d. Can you describe what you think the term “Professional Competency” means in
regards to a BC Land Surveyor?

( President 4(b), December 2012)
2. You are approached by a new client who has 160 acres outside of town on a lake. There is an old road and a major stream going through the land. While he appreciates
that engineers will need to be involved in the project he would like you to do the initial
design work and obtain the approvals for a development of rural 5 acre properties on
the land. a) Before doing your detailed investigation into the project can you explain what steps
you will undertake? o Confirm whether the land located in the Agricultural Land Reserve. o Research Crown Grant document and sketch, to confirm the ownership of old road
and stream.

o May apply to the minster for a declaration about the road and stream. o
b) What office research would you undertake and what field research would you do
prior to working on the design? 14
 Research the title of subject property, plans of subject site and adjacent lots,
charges registered against the subject property.  Research the terrain situations by GIS or site visiting.  Research the zoning bylaw, land use and planning bylaw
 Research Crown Grant document and official plans, to confirm the ownership of old
road and stream.  Original survey field notes.  Inspect the site, find the terrain situation of site.  Any access to the subject property.  Determine the present natural boundaries of water body.

c) What applications may be necessary and what order are they done in? May apply to the minster for a declaration about the road and stream, if they are not included
in the original grant. The minister may endorse a declaration on the plan that the land is
included in the grant or need not be retained by the government. May apply to the Surveyor General under

section 94(1), to certify lawfully accreted land or
adjudicate the natural boundaries. d) What other professionals may need to be involved in this particular project and
what would their involvement be? This question only asked if time allows
A Qualified Environmental Professionals (QEP) may be included to: assess riparian habitat
and the potential impacts to the riparian habitat; develop mitigation measures; and avoid
impacts from development to fish and fish habitat, particularly riparian habitat; to determine
setbacks. Professional engineer may be involved for the determination of service works and access. 3. You are approached by a member of the public from a municipality where you do not
practice.

They have concerns about the work done for them by another BC Land
Surveyor including the establishment of their boundaries and the amount they were
charged for the work. It is a cold call. a) How would you approach this situation? Before I review the survey work, I cannot judge the work done by other land surveyor. As I am not practice in the municipality, I cannot give them any advice about the price of
survey. The survey requirements are different from city to city, which will affect the charge
of survey. I’ll advise them contact the Complaint Inquiry Committee of the Association. b) They do not want to go through the Associations complaint process and have
already talked to a solicitor who has advised them to sue.

They want you to be an
expert witness on their behalf. Now what would you say? I cannot to be their expert witness, as I do not practice in the municipality. 15
c) After your review you agree there may be an error in the boundary establishment
and the other surveyor will not cooperate in any way. You agree to act as an expert
witness what would you do to prepare for your attendance in court? Carry out a complete research include: certificate of title, miscellaneous notes, plans of
subject property and adjacent properties, any charges registered on the site, maybe Crown
Grant documents and sketch. Perform a legal survey, find and tie enough reliable monuments, create evidence chain,
re-establish the boundaries. May tie in some occupation evidences.

Prepare field and office evidences, include documents, pictures, plans. 4. I would like to know a little bit about the safety programs you believe are important
for a survey office for both the field crew and the office personal? For the safety of field crew and the office personal, it is important to establish safety manual. To obtain this:
---May consultant or cooperate with health & safety representatives. ---Identify the existing or potential hazards
---State the goals and expectations, assign responsibilities to employer, workers/employees
and supervisor. ---Establish health and safety work procedures or policies. ---Orient new and young workers, educate and train workers
---Conduct regular inspections and meeting (to address correction of unsafe conditions and
practices).

---Report and investigate incidents
---Maintain records and statistics
---Keep the safety manual or program current. Past President
1. Continuing Professional Development is currently a voluntary activity for land
surveyors. (June 2012, May 2011, Nov 2009)
a. Tell us about your involvement with CPD and what courses you have participated
in? In the past several years, I didn't participate in courses or association activities, my
involvement with CPD is mainly informal, basically research and self-study, and preparing
BCLS exams. I studied most of the reports, papers, articles, practice bulletin, court
decisions posted on the website of Association. b. Tell us how you feel about lifelong learning? I like lifelong learning, and enjoying to resolve problem and improve myself by researching
and learning.

Life long learning is very important to a professional. The technology is
continuously advanced. Statutes, regulation, rules, bylaw, and practice standards are
changed frequently. c. Have you participated in Getting it Right B.C.? No. 16
4. We would like you to tell us a bit about your involvement in Association activities
so far? (June 2012, Nov 2010, May 2010, Nov2009)
I visit the Association website every day. So far, I haven’t participated Association
activities, my knowledge of Association activities is from the Association Office Update
e-mail and the website of the Association. a. What Association or Group meetings have you attended?

So far I haven’t attended any group meeting,
I’ll try to participate more Association activities and group meeting, it may be more effective
for maintain my professional knowledge. Also I plan to attend the 109th AGM of association. b. What Association areas would you be most interested in volunteering in? It may be “Practice Advisory Program”. There is important information about our practice,
such as advisory notice and bulletins, plan and practice review reports. Issues in notice and
bulletins are current common confusion of land surveyors. Read the reports of plan review
and practice review, we can find what problems I have in my field and office procedure, and
may find the way to correct it. c. Do you intend to participate in Association affairs?

Yes, firstly, I plan to participate the 109th AGM. In the future, I’ll try to participate the AGM more and Continuing Professional
Development seminar, to improve my professional competency. Secondly, I should be
informed by the updated information of land surveying field. d. Have you participated in any Association committees or working groups? No, I haven’t participated in any Association committees or working groups, if have
chance I would like to participate. e. Do you intend to assist with any Association committees or working groups in the
future? Sure, if I am qualified.

Such as “Professional Reference Manual Committee”, “Survey
Rule Committee”, “Professional Advisory Committee”
f. Are you aware the association has discussion page on their website and would
you use it if you had a topic you would like more information on? Yes, I visited many times. Just a few topics and visitors. g. Do you regularly review the association website for rule updates and other
important information? Yes, I almost review the website every day, in office basically create Electronic Checklist
Registry. Out office, I often check these column for new information: “Act, Bylaw &
Survey Rules”—sample plans, updated GSIR; “Professional Development”—Court
Decisions, upcoming seminar, seminar handout; Practice Advisory Department—Notices
and Bulletins, plan and practice review report and summary.

h. Do you have a manual of standard practice in your office and do you refer to it? Yes. i. Have you ever contacted the LTO or SGs office with respect to a survey issue and,
if so, would you tell us about that experience? 17
Yes, I contacted Tim Jowett, Deputy Registrar from LTSA, to inquire how to add a part of
land from adjacent lot into a Strata Plan. I contacted the Surveyor General Division half year ago, to apply for a Block Outline
Survey. j. Has your master allowed you to do an electronic submission of a survey plan for
him/her? I didn’t try to submit an electronic plan.

He ever shown me how to create the survey plan
certificate and application to deposit plan.,
k. Please tell us about your experience in job set up, invoicing or other business
aspects of the survey office you work in. Usually, clients only give us their address and purpose of survey, then we have to figure
out the work scope, estimate, deliverable survey result and time frame, also have to
prepare the agreement or contract. I didn’t direct work on invoicing, just assist the boss in invoicing, such as provide him the
changed work scope and extra time. 5. Form 9, the land surveyor’s statement on a legal plan mentions a term, ‘to be
present at and personally superintend’.

What does this term mean to you and how
would you apply it in your professional practice? (Jun 2012, May 2011, Nov 2010,
May 2010, Nov 2007, May 2007)
A BCLS may not necessary attend the field in each job, but BCLS must ensure his field
crew work and office work within his control or supervision, and ensure the job done
correctly. Therefore, regularly check on site is necessary to ensure the quality of field
work. There are certain surveys, surveys under the Land Act and Mineral Tenure Act, where
the Survey Rules require the BCLS sign the plan to attend in the field work. 7.

You have completed a survey and found that the original estimate has been
exceeded by almost 100% because you had anticipated a good deal more evidence in
the area. (June 2012, May 2010, Oct 2005, April 2005)
a. What if the client tries to hold you to the original estimate? Review the contract or agreement, is it refer to conditions that contribute to an additional
costs. If the included conditions happened, I‘ll charge the actual costs. Or if I have qualified the original number as an estimate, if the scope of work has expanded,
or if I have advised the client in writing and have received written approval to charge more
than the original estimate, I‘ll charge the actual costs.

If the above listed situations are not happen, or the project is a fixed price contract, may
only charge the original estimate. Take a lesson from the experience. b. How could you avoid this type of situation in the future? Perform sufficient or complete research, when preparing estimate or quotation of fees. Refer to conditions in agreement that may reasonably arise and which could contribute to
additional costs to the client. 18
When changing the work scope, must receive written approval of cost and work scope from
client,
If it is fixed fee quotation, should include all professional fees and make an allowance for
disbursements, costs and expenses incurred on the behalf of the client. Surveyor General
1.

Section 137 of the Land Title Act deals with “Cancellation of interior lines”. A client
wishes to consolidate two adjacent properties that they own, both created on the same
1923 subdivision plan. The client asks you about the use of

Section 137 rather than the
preparation of a survey plan. You feel a survey plan is the better solution to complete
the consolidation. How would you proceed in discussions with your client, that is how would you support
your advice that a survey is the way to proceed? (June 2012, Nov 2010, Nov 2009)
o The subdivision plan is very old, the wood posts are rotted, it is necessary to do legal
survey re-establish the property boundaries and mark the corner on the ground. o As the technology and situation of original survey, the practical dimension may
different with the dimensions shown on original subdivision plan. o A new Reference plan may clean up the old title, and create a new indefeasible title.

o Consolidate two lot by a plan, which may reduce the property tax. 2. The LTSA announced at the March 2012 ABCLS AGM that it was embarking on the
Consolidated Parcel Fabric (CPF) Project. Parcel Map BC
a. Please describe your understanding of what the Consolidated Parcel Fabric Project
is? (CPF)
This project is to get Province wide, seamless electronic map representation of property
boundaries. It may include: all titled parcels, surveyed Crown land parcels, Covenants,
SRW/easement, The CPF will better serve the spatial data needs of a diverse range of
stakeholders, from governments to industry. b. Please indicate how field survey requirements may change as a result of the
ABCLS’s participation in the Consolidated Parcel Fabric Project? Georeferencing of legal survey must be mandatory.

The accuracy of georeference may be
required higher. The ParcelMap BC project includes field work to determine geographic coordinate locations
for some parcel corner monuments to support the fabric compilation and help assess parcel
fabric quality. c. Please describe what additional information will have to be submitted with
Electronic Survey Plans as a result of the ABCLS’s participation in the CPF Project. Integrated data file required to be submitted. In the future the application package for every new survey plan submitted to the LTSA will
plan. 19
3.

The General Survey Instruction Rules requires each land surveyor to ensure that a
legal survey they perform, including the plans associated with it, conforms to the rules. (Jun 2012, Nov 2007, Oct 2005, April 2005)
a. You wish to seek an exemption from a survey rule, please indicate where you would
apply and what information you would provide? Apply to the Practice Advisory Manager of the ABCLS. The application needs to include:
o a description of the exemption being requested,
o the pertinent Survey Rule section or sections,
o the reason why the exemption is being requested,
o a sketch plan showing the survey project. Exemption may be considered on the basis of public interest, hardship, practical concerns
and impact on the cadastre.

In the case of a Crown Land Survey, the public interest is usually represented by the
Surveyor General Division, and GSI Rule exemption for surveys of Crown Land must be
acceptable to and vested by the Surveyor General Division. Communication with SGD will be
done by the Manager. b. You believe a survey rule should be changed, please indicate where you would
apply and what information you would provide? Apply to Survey Rules Committee of the ABCLS
The application should include: Part and number of rule affected, current wording, proposed
new wording, provide a detailed background and origin for the requested change (specific
reasons why the proposed rule change is beneficial to survey practice and in the public
interest).

c. What three entities are responsible to approve survey rule changes? The Survey Rules Committee receive, review and discuss the request for rule changes. Then
forward final rule change request to the Board of Management for review. The Board of Management of ABCLS forward final rule change request to the Surveyor
General for consideration for an implementation order issued under

Surveyor Act. d.What group has the statutory responsibility to make rules for surveys within British
Columbia and what statute provides this authority? The Association of BCLS; The Land Surveyors Act provides it authority. e. What group and what specific person within that group has the authority to grant an
exemption to a survey rule? The Association of BCLS has delegated the authority to provide GSIR exemptions to the
Practice Advisory Manager. f. In your own words describe why it is important to have a set of rules for the conduct
of legal surveys. Protects the public interest; Promotes consistency by the profession; Sets a minimum
standard for field surveys and plan preparation. 20
4.

In completing the initial field work (reconnaissance) for a posting plan of a lot
created on a 1950’s 2-lot subdivision plan you find that occupation including a
dwelling suggests that there is something significantly wrong with the original plan. The lot widths are vastly different - with the small lot shown on the plan as 30 meters
wide now appearing to be 100 metres wide and the large lot being the opposite. How
would you go about resolving this discrepancy, how might your survey change and
who might you contact in the process? Firstly, research the title of two subject parcels and the original transfer agreement, to find the
original intention of subdivision. Is there any subsequent plan adjusted the property lines.

Carry out complete searching for
any monuments set on the property line of these 2 lots. If any instrument showing the original intention of subdivision, the original subdivision
intention cannot be upset by the subsequent mistake. If can’t find the any evidence of original subdivision intention, the hierarchy of evidence must
be considered, first preference to the original monuments found, second preference to the
occupation evidence, the third preference to the survey plan. It is very complicated, the client may contact a lawyer, and go to the BC Supreme Court. 5. Under the Land Title Act, if a ‘road’ or ‘park’ is dedicated on a subdivision plan (or a
reference plan under

section 107 LTA) the deposit of the plan results in ‘an immediate
and conclusive dedication by the owner to the public’ of the road or park and results in
the owner’s indefeasible title for the area being ‘extinguished’. (Jun 2012, May 2011)
Describe some of the problems that may exist by the fact that a ‘title’ does not exist to
most roads and parks in the province. Might there be benefits to there actually being a
registered indefeasible title created for roads and parks in the Land Title Office? One day, if the road or park will be closed, the titled part of road or may be directly vested into
the adjacent parcel. 6.

Under the strata property act, new construction does not require local government
‘approval’ before a strata plan is registered, however a ‘conversion’ requires the
approval of the local ‘approving authority’. 7. The Strata Property Act contains different approval requirements for buildings that
are new construction versus those that have been previously occupied. (June 2012, May 2011, May 2009)
a. What are the differences? (

Section 242, the Strata Property Act)
The new construction does not require local government ‘approval’ before a strata plan is
registered, however a ‘conversion’ requires the approval of the local ‘approving authority’. The role of the approving authority, if any portion of a building that has been previously
occupied is part of a strata plan, that strata plan is to be considered a conversion. BCLS endorse a strata plan Form S when the building is new development and has not
been previously occupied. Local approving authority endorses a strata plan Form T for conversion of a previously
occupied building. 21
The strata plan contain previously occupied building, the approval of local authority is
required. b.

What are some reasons that buildings that are new construction do not require the
approval of the local approving authority? The new building is comply with the applicable bylaws of the municipality or regional district,
the BC Building Code, by the process of Building Permission and Construction Inspection. c. What are some reasons that conversions do require the approval of the local
approving authority?

The authority consider
 the priority of rental accommodation over privately owned housing in the area,
 any proposals for the relocation of persons occupying a residential building,
 the life expectancy of the building,
 projected major increases in maintenance costs due to the condition of the building,
and
d. What is the difference between an ‘approving authority’ and an ‘approving officer’
in regards to strata title conversions and why does the difference exist? The “Approving Authority” means: the municipal council of the municipality, the regional
board of the regional district, the Nisga’a Village Government, the governing body of the
treaty first nation. The “Approving Officer” means: the approving officer appointed under

section 77 of the
Land Title Act. To confirm the building comply with the applicable bylaws of the municipality or regional
district, and the BC Building Code. NOVEMBER 2011
President
1. Please name three committees of the Association that you believe are critical for
the Association. Describe what they do and why you consider them important. (Nov 2011, May 2009)
The Mission of ABCLS: protects the public interest and the integrity of the survey systems
in BC by regulating and governing the practice of land surveying in the province. The 3 committees’ role is critical to ensure the ABCLS can finish its mission. Professional Assessment Committee
Review diary sheets of LST and the professional assessment questionnaire of
non-practicing BCLS to reinstatement.

Its role is to block the unqualified members to
practice. Continuing Professional Development Committee
Provide a program of professional development for members, present GIRBC, or other
seminars, which continuously educate the members, may ensure the professional
competency or improve the members professional knowledge and skills. Survey Rules Committee
Review the Survey rules to ensure they are currents, and review request of rule change. Its
role provides the measures the ABCLS use to regulate and guide the practice of members. 22
2. It is often said that a land surveyor is a public officer. In your opinion, do you think
a land surveyor is a Public Officer? Please explain why or why not.

(Nov 2011, Nov
2010)
We say a land surveyor is a public officer, because his/her fundamental duty is to protect
the interest of public. A BCLS do not allow the interest of a client to take precedence over
the interests of society as a whole. 4. Your survey crew has been working on the subdivision of an old district lot in a rural
area, which is approximately 1 km square, isolated and not adjoining any other
surveys. The crew has retraced the district lot boundaries and found three original
district lot corners (wood post and bearing trees) more or less as shown on the field
notes and the official plan.

The area at the fourth corner has been logged and they
were unable to find the wood post or the bearing trees. However, near the approximate
position of the district lot corner they find an old style capped iron post and small pile
of rocks. The cap on the old style capped iron post contains markings for the
appropriate district lot corner. In searching the Land Title Office records and plans you
find no record of that old style capped iron post being placed at this location. (November 2011, May 2009)
(a) How might the post have been placed and how do you deal with it in your survey? The post may be posted by a land surveyor, the logger, the property owner.

Although was not registered in LTO, it may be the persuasive evidence of the location of
true corner. I would get the boundary resolution by the found 3 original monuments and the
unregistered capped iron post, and compare the resolution with survey plan and
occupation evidence. If the resolution compliant with these found evidence and plan, it may
be the best available evidence of the true corner. (b) The measurements and bearings on two boundaries between found wood posts
conform to the original plan, within 25 cm. Using bearings and distances from the
original plan (the other 2 boundaries) yields a position 3 metres from the old style
capped iron post.

Would you use the old style capped iron post, the mathematical
position or consider other options, and why? According to hierarchy of evidence, I would search whether occupation evidence is
available, as it is prevailed to plan measurement. If not, the mathematical position of the
corner may be held. The unregistered capped iron pin is not include in the hierarchy of
evidence. (c) Does your answer change if you find a Renewal of Survey Monument form? I have to review the post renewal record firstly, to ensure the methodology is suitable, the
accuracy of renew method is agree with requirements. If there has no problem found, the Capped Iron Pin may be treated as original
monuments.

The location of Capped Iron Pin can be treated as the true corner of subject
property. 23
(d) If you found remnants of old rotten fence posts and rusting wire in a straight line
leading towards the old style capped iron post along both boundary lines adjacent the
old style capped iron post, would that affect your assessment and how? Yes, according to the hierarchy of evidence, occupation evidence is prevailed to plan
measurements. In this case, the rotten fence posts and rusting wire may be treated as
occupation evidence. The capped iron post agrees with the occupation evidence, it can be
persuasive evidence. (e) What other additional information could you gather and submit to reinforce your
boundary re-establishment?

The bearing trees were logged, the stumps or roots can provide conclusive evidence of the
location of the corner. Blazed trees and line trees may be found and submit to reinforce the boundary
re-establishment. 5. You have been hired to survey a parcel of land that includes a major natural
boundary determination. Would you go into the field yourself to do the field survey or
would you send your field crew on their own to do the work? Please explain why. I would go into the field myself and determine the natural boundary. As the natural boundary
is hard to define without actually being on site.

Natural boundary definition often requires
considerable professional judgement and may create a situation where the BCLS could be
called upon to defend those judgements against challenges of various kinds. (to be expert
witness). 6. What is the purpose and process of a statutory declaration? Describe a situation
where you might have reason to provide one. (Nov 2011, May 2009, Nov 2006)
They are commonly used when an individual needs to satisfy a legal requirement by affirming
the truth of something. A statutory declaration allows a person to make a legal declaration under oath and in the
presence of a lawyer. The declaration must be signed by the land surveyor and witnessed by
a legal professional.

In the situation, a land surveyor want to change a registered plan, a Statutory declaration that
describes the reasons for the change, the specifics about the change and in some cases
include the consent of affected parties. In the course of preparing a subdivision plan, you notice that a previous plan you
prepared and registered over a property in the same block is missing a road bearing
and a road width. What would you do? (Nov 2006)
Prepare and file a statutory declaration in the appropriate Land Title Office to have the plan
corrected. Past President
24
1) a) Can you tell us a little bit about your survey experience, types of surveys done
and areas within the Province you have worked?

(Nov 2011, Oct 2005, April 2005)
I ever worked as survey assistant, instrument operator, party chief, and office technician in
Grewal & Associates (Professional Land Surveyors). The survey type includes: topographical survey, legal survey (re-posting, subdivision survey,
road close survey), strata plan survey, construction layout, form or foundation survey for
location certificate. Preparation of these plan: topographical survey plan, proposed subdivision plan, posting plan,
subdivision plan, strata plan, right of way plan, easement plan, covenant plan, reference
plan(road closure, road dedication), block outline survey, explanatory plan, re-zoning plan…
All our projects are located in the low mainland area. b) You didn’t mention having done a Crown survey.

What would you do if a client came
in asking you to perform a __________ survey and the client is in a real hurry to get
this completed? Research the Part 9 of GSI, the Land Act, and information on the website of Association. The
LTPM is also useful sources of information. Consult other senior BCLS and the Surveyor
General Division. The Surveyor General will issue the survey instruction and the parcel designation (district lot
number---un-surveyed crown land, or block number—surveyed crown land)
c) Have you had any experience assisting with applications on behalf of your master’s
clients? If so can you tell us some of the application types you have been involved
with as well as who the application was made to and what was required?

Yes, I ever assisted a client to get the resolution, to subdivide one part of land from a property,
and add this part into a duplex strata plan. During the process, I contacted Tim Jowett, Deputy Registrar from LTSA, and Donna
Lacobellis, Subdivision Technician from Planning Department of City of Burnaby. ---Tim suggested us to subdivide the adjacent lot (Lot 124 plan 32153) then add that part of
land into the strata plan (BCS830) as common property Under

section 266 of the Strata
Property Act. ---However, Donna reject it, as there has no access to that part of land, and that part land is
not satisfy with the minimum lot size prescribed in zoning bylaw. ---We also tried to create an easement over the Strata plan, and make it agree with the
access requirement, but the City of Burnaby didn’t approve. --We are striving to find new way to get this through…
2) Please tell me about any reference material/manuals you refer to in planning
projects and in the preparation of the various plans required for different projects. When I prepare the plans, I often refer to Land Title Practice Manual.

It includes the Land Act
–Crown Land survey, Land Title Act, Strata Property Act, the Local Government Act. For
planning, the Local Government Act, Part 26 Planning and Land Use Management
3) Please tell me about any specific professional development either sponsored by the
Association or external that you have participated in. I didn’t participate in any activities of Association and external so far. 25
My professional development in the past several years, after graduation from BCIT, is
basically self-study and research, and exchange ideas and experience with other BCLS. Try to improve my land surveying experience in the practical work and the completion of 3
article field projects, under the supervision of Lucky Grewal.

Get familiar with LTPM, GSI, PRM, and the information posted on the website of
Association. The next step after commission is: improving business management skill and
communication skill, which include participate various activities, and may take some
courses from university or BCIT. By the way, I planned to attend the 109th AGM and its continuing professional development
seminar. 4) In 2006 the association prepared a strategic plan (2012-2014) for guiding the
association into the future. a) Have you read it? Yes, It presents the following of ABCLS: the Mission, Vision, Value, duties, governance
(governed by a Board of Management), Strategic Priorities. b) The plan defined the mission of the association. Do you know what it is?

The ABCLS protects the public interest and the integrity of the survey systems in BC by
regulating and governing the practice of land surveying in the province
c) What are some of the things we should value as an association? We believe in:
o The importance of ensuring the quality of the survey structure and standards
o The ideals of being impartial and transparent
o Upholding the professional competency of the members
o Acting ethically and with integrity
o Our reputation, history, legacy and traditions
d) What are some of the duties of the association in regards to the self- governing
profession?

o Provide effective leadership of the profession of land surveyors
o Ensure that there is a sufficient number of land surveyors to maintain the integrity of the
survey systems of BC
o Provide a profession forum for our members
o Establish standards and assess candidates for membership
o Establish and enforce rules and regulations for members
o Make rules for surveys and maintain common standards of practice
o Promote excellence through education and continuing professional development
o Strive to maintain the highest ethical principles in all our actions and relationships
5) Your client owns two pieces of property created by subdivision approximately 75
years ago. Zoning is in place to allow the division of the two lots into three.

Neither
property has access on a constructed road although both have frontage on dedicated
but difficult to construct roads. Your client has a registered easement across a
neighbouring property for access and utilities and that is what they use to get to their
home on one of the properties. Their solicitor has advised them that the easement has
26
no restrictions, that by having all three lots own a part of the original dominant lands
the easement will automatically transfer to all lots and the other property owner could
not stop this. a) Do you agree with the solicitor’s advice? No, the solicitor’s advice only applies to the easements registered after October 30, 1979. Or
they should order the easement agreement first.

Whether is the agreement prescribed that
when the dominant tenement is subdivided, the benefit of a registered easement is annexed
to each of the new parcels. The burden of the easement is increased accordingly, even though the owner of the servient
tenement has not consented to the increase, if the easements registered after October 30,
1979. But not suitable for this case. The easement continues to be annexed to the remainder, if any, of the dominant tenement,
unless the instrument creating the easement expressly provides otherwise, or the
subdivider designates on the plan the parcel or a part of the land to which the benefit does
not attach. b) What advice would you give your client? Order the original Easement agreement from the Land Title Office.

Have a look what the
exactly say in the agreement. c) Who should you consult with prior to or what research should you do before making
any official application for subdivision with this proposed access? Consult with the planning and engineering departments of municipality. Research the
original easement agreement, land titles, charges on the land, legal plans of subject lot and
adjacent lots, and zoning bylaw, or land use and planning bylaws, subdivision application
requirements. 6) You have been retained to prepare a topographic plan for an architect on a piece of
property. While you are on site the owner talks to your assistant and asks them to
replace the property corners while you are working on the property. Your assistant
conveys the message to you.

a) Is there anything you would do? The property replacement service may not include in the Topographical survey estimation. Replace the property corners take extra field work and office work, such legal search,
calculation and plan preparation. Posting plan required to be prepared and filed to LTO. It’ll change the work scope, the land surveyor better to provide the client estimation and
written agreement, carry out the survey after receiving the written approval of client. b) The next day when you are finishing up the job, you replace the corners and a
posting plan is prepared and filed in the Land Title Office.

The owner refuses to pay
the additional bill as it only took a few extra minutes to replace the missing corners
and he doesn’t feel the extra charges are warranted. Now what would you do? If we got the approval in writing, for the extra cost and work scope change, it is definitely the
actual cost will be charged. 27
If not, try to reasonably explain to the client, what is the extra work we have done. The field
work to replace the corners is only a very small part of work. In order to do this, we have to
extend legal search in field, research more documents and plans, office calculation. One
more posting plan have to be prepared and registered. These work take much time.

If the client insists, I suggest him/her consult with other surveyors or the Association. Anyway, it is a lesson without written approval of cost and work scope change. Surveyor General
1. In completing an urban survey you use evidence based on ‘occupation’, in this case
a ‘granite corner stone’ of a 100 year old building to re-establish the boundaries. a. How would you show this decision on your plan? The plan should indicate “granite corner stone” as evidence in the appropriate location, or
may be appropriate to explain the rationale of the re-establishment by letter when the plan
is submitted for deposit. b.

When the plan gets to the Land Title Office the survey examiner defects the plans,
says the information about the building corner is extraneous and should be removed. How do you proceed? Set a witness post (type 5) to refer to the true corner, a or set a durable lead plug (type 3). c. How could you avoid receiving a defect of this type in the future? May set a standard post which refer to this corner. It can be witness post (type 5) or lead
plug (type 3 ). 3. What are the fundamental differences between ‘accretion’ applications under

section 94(1) (c) of the Land Title Act and a ‘natural boundary adjustment’
application under

section 94(1) (d) of the Land Title Act? Accretion applications can be processed, only where the bed of the adjoining body of water is
owned by the provincial Crown.

Section 94(1) (c ) of the Land Title Act cannot be applied
where the bed of the adjoining body of water is owned privately or by the federal Crown. A natural boundary adjustment application applies to whatever the bed of the adjoining body
of water owned by the provincial Crown, federal Crown or private. 4. You meet someone for the first time and they ask what you do for a Living? What is
your ‘elevator speech’, that is how do you tell them what a ‘land surveyor’ does? I’ll tell them that I am a professional land surveyor or BCLS, just like engineers or
architects. We measure and map lands, establish and mark boundaries using recorded historical
evidences.

Land surveyors work can in the field and in the office. In field, we search the legal evidences
(they pins are which previous land surveyors set at the property corners), evaluate the
condition of evidences, use the high-tech equipment to determine the location of evidences. High-tech equipment have Global Navigation Satellite Systems (GNSS/GPS), digital
28
photogrammetry, digital total stations. We also use these technologies to determine the
position of natural and artificial features. In office, we do calculation and drawing in front of computer, assemble the measured
evidences, and re-establish or establish property boundaries. Then go back to the field again
to mark the property corners on the ground. 4.

In the ‘hierarchy of evidence’ measurements, distances and angles shown on plans
are of less importance than evidence of occupation that can be linked back to the
original survey. a. In your experience is evidence of occupation given greater weight than
measurements - or is this just a myth? Yes, when there is any ambiguity of boundary, we often prefer to the occupation evidence. Even there has no ambiguity, we still often tie the fences or building corners to confirm the
resolution of boundaries. b. Where do coordinates fall in the hierarchy of evidence? So far coordinates fall in very low rank of hierarchy of evidence, behind plan measurements. There still have some dispute about coordinates to be evidence.

However, in my opinion, coordinates will be accepted as important evidence sooner or later,
along the integration of land surveying, or the electronic map presentation. For example,
survey under the Mineral Tenure Act, the implementation of the Mineral Tenure Online
system, map staking or cell claim from 2005, the coordinates are treated as original
monuments. c. Can you provide an ‘example’ of a type of survey where coordinates would have a
greater importance in the hierarchy of evidence? Survey under the Mineral Tenure Act, the map coordinates govern. When there has
difference between the identification of claim determined by ground stakes, marks or posts,
and the identification of claims determined by map, the identification as determined by the
map prevails. 5.

The Torren’s system of land registration creates a guarantee of ownership of the
lands in a title but not of the extent of the lands under ownership. Why is this and
do you ever see this changing? As the description of the title in the register, often refer to a parcel shown on a subdivision
plan. The extent of parcel is calculated by the dimensions shown on plan. However, the
importance of plan measurements in the hierarchy of evidence is lower than original
monuments and occupation evidences. If in the register, a metes and bounds description or an abbreviated description of a new
parcel, with or without a plan, is used, the situation may be different. 6.

The Director of Land Titles now requires all ‘posting plans’ to be filed electronically. a. If you had a compelling reason to seek an exemption to filing electronically and
wished to file in mylar what would be the process you would follow? 29
Apply to the registrar. Under

section 168.111 (3), the Land Title Act, If a registrar decides
that it is appropriate in the circumstances to accept an application, instrument, plan, plan
application, return or other document or thing that is not submitted electronically. 6. What is the difference between a survey and a plan? In general:
A survey is a process or procedure, using professional equipment, to determine the
horizontal and vertical location, or the relative relationship of improvements, artificial or
natural features on the subject property, or to search and set legal evidences. It is a
method or measurement. A plan is the representation of survey result or design. The plan represents what found
and set in the survey.

For a land surveyor:
A survey is the assembly of evidence, which include searching of evidence, finding it,
evaluating it, weighing it, and eventually, applying it. In the procedure, the hierarchy of
evidence may be applied. A plan is only a statement of opinions, which showing the relationships of legal evidence,
how the newly established boundaries related to the found evidences, the opinion may be
objected by other land surveyors. 8. How would you define the term ‘in the public interest’ and how does it factor into
your role as a land surveyor? Means never allow the interests of a client to take precedence over the interests of public, a
BCLS may:
o Carry out the duties faithfully, and without partiality or prejudice.

o Should honor and maintain the integrity of cadaster survey system. o Endeavor to maintain a professional environment. o Use reasonable effort to advise property owners when entering onto private property. o Use reasonable effort to explain the need to locate the monumentation. o Take appropriate measures to repair any damage of property which may have
occurred. MAY 2011
Surveyor general
1. On March 11, 2011, the Director of land titles announced the requirement to file
certain land title documents electronically pursuant to

section 168.111 of the land
title act. The requirement also included ‘posting plans’ prepared under

section 68
of the land title act. a) When does the requirement to file all (non-block outline) posting plans
electronically go into effect? Phase 1: As of July 1, 2011, Posting Plans filed to the Land Title Office, and plans
pursuant to the Oil and Gas Activities Act, the Land Act, the Coal Act and the Mineral
30
Tenure Act filed with the Surveyor General for deposit in the Crown Land registry were
required to be filed electronically. The 1st phase of requirements for electronic filing of documents took effect January 16,
2012 and included Form A—Freehold Transfer of Fee Simple, Form B---Mortgage,
Form C---Charge and Form C Release.

b) Why would the director of land titles have selected posting plans as the place
to start with required electronic filing to the land title office? As the approval of approving authority and other forms are not filing electronically, the
posting plans don’t requirement the approval of approving officer, don’t require the
signature of owners, mortgagees and the holder of charges. c) The ABCLS has (or will be) implementing a survey rule change to complement
the requirement to file posting plans electronically. The rule change includes
requirements to file plans to the surveyor general electronically. What is
included in this suite of plans? Survey plan certificate, and application form to deposit plan. Block Outline Survey Plan and the posting plan of Block outline survey.

d) What do you envision would be the next set or types of plans that will be
required to be filed electronically to the land title office and why? Phase 2 of required electronic filing, took effect May 7, 2012. It greatly expanded the
various types of documents that must be filed electronically. The impact for land
surveyors was that all plans not requiring approval by an approving authority are now
required to be filed electronically. This includes all strata plans for new construction and
all charge plans. Phase 3 took effect on November 1, 2012 such that all Land Title Act and Strata
Property Act plans are required to be filed electronically. 2.

The term ‘natural boundary’ is defined in the land act and includes language such
as: ‘to mark on the soil of the bed of the body of water a character distinct from that
of its banks, in vegetation, as well as in the nature of the soil itself ’. a) Why is the BC land surveyor charged with the responsibility to determine the
location of a ‘natural boundary’ ? In legal surveying of reference plan or subdivision plan, land surveyors have to
determine the limitation of interest on land, however, it is often that the limitation of
interest on subject land is limited by a present natural boundary. When preparing the plan,
land surveyors have to determine the present natural boundary.

b) Are there circumstances where you might involve others in determining the
location of a ‘natural boundary’ ? Yes, a Qualified Environmental Professionals (QEP) may be involved in determination
of complicated natural boundary. If the present natural boundaries are different with original natural boundaries which
title based on, an application of accretion or natural boundary adjustment must submit
31
to the Surveyor General. c) In the ‘hierarchy of evidence’, a ‘natural boundary’ (which might include a
mountains peak or ridge) is at the top of the hierarchy. Why? They have special characteristics that affect their status in law. They are natural
monuments and have priority over measurements in interpretation of property
description.

They are the best demonstration of the intention of the granting parties and
least susceptible to errors. 3. Under the land survey act, a land surveyor ‘may administer oaths for certain
purposes’. a) Describe some of the circumstances under which you might consider
‘administering an oath’ ? Under

Section 8, the Land Survey Act, for the purposes of ascertaining the original corner
or limits of a township, range, section or other legal subdivision, lot or parcel of land, a
British Columbia land surveyor may administer an oath to a person the land surveyor may
examine concerning a corner, mound, post, monument or other boundary or original
landmark, line, limit or angle of a township, range, section or other legal subdivision, lot or
parcel of land that the land surveyor is employed to survey. When a land surveyor sign a plan, who has to administer an oath affixed to the plan, to
certify that the BCLS was present at and personally superintended the survey
represented by the plan, and that the survey and plan are correct.

b) If you did administer an oath, what form must the evidence take? Form 9 for a hardcopy plan; Survey Plan Certificate with electronic signature. Form S ---it is an endorsement of non-occupancy required by a BCLS. Form T---the approval of the approving authority required for a previously occupied
building included in conversion of strata plan..
Form U---the endorsement of the BC land surveyor, to certify that the building on the
strata plan are within property boundaries; supporting structures and services, easement
are in place to allow for any encroachments and registered. 4. There have been two significant changes in the make-up of the various provincial
government ministries in the last 6 months.

On March 14, 2011, the most recent
re-organization resulted in the various pieces of survey legislation (Land
Surveyors Act, Land Survey Act, etc.) being placed in a newly formed ministry. a) What is the name of the new ministry? The Ministry of Forests, Lands and Natural Resource Operations, Which responsible
for: Boundary Act, Land Act, Land Survey Act, Land Surveyor Act, Land Title Act,
Land Title and Survey Authority Act, Land title Inquiry Act, Land Transfer Form Act
b) Why would a land surveyor or the Association of BC land surveyors be
interested-perhaps even concerned- which ministry holds the legislation under
which a land surveyor or the ABCLS operates?

Such as the Ministry of Energy and Mines which responsible: Strata Property Act, Oil
32
and Gas Activities Act, Petroleum and Natural Gas Act, Mineral Tenure Act,
The Ministry of Transportation and Infrastructure responsible for:

Section 77.2 of the
Land Title Act, Transportation Act. Past president
1. Tell us a little about your responsibilities as a BCLS in respect to: (May 2011, May
2010, Nov 2009)
The Cadaster/Survey Structure:
Should honor and maintain the integrity of cadaster survey system/structure upon which
the profession of land surveying is based. (---Use standard posts when posting
boundaries, always file a plan after posting property corners. Show all the found and set
evidences; ---Must always carry out the duties faithfully, and without partiality or prejudice;
---Must never allow the interests of a client to take precedence over the interests of
society as a whole. In case, the client ask adjust boundary location, I’ll definitely reject.)

The Profession/Association/other BCLS:
A BCLS shall respect the profession of land surveying for the privileges and
responsibilities it extends. Duties:
o Develop an understanding of all Association bylaws, regulations and rules, related
provincial and federal statutes, and local bylaws. (Profession/Association)
o Try to advance the knowledge within which a BCLS works, and to share experience
and developments with the land surveying community. All
o Participate in the affairs of the Association, both professional and social. (Pro/Ass)
o Attain and keep high ethical standards in all professional decisions. Shall not make
any derogatory statements of another land surveyor in order to secure work and shall
protect the reputation of the profession of land surveying at all times.

ALL
o Should attempt to liaise and communicate with fellow land surveyors to create an
atmosphere of mutual understanding which encourages the free exchange of ideas,
information and support. o When considering advertising service, maintain the dignity of the profession of land
surveying and treat fellow professionals with respect. o Respond promptly to any communication from the Association, a committee of the
ABCLS or other land surveyor. o Should report to the Association office, any instances of unqualified persons
practicing, or attempting to practice, land surveying. The public: Endeavour to maintain a professional environment. o Use reasonable effort to advise property owners when entering onto private property. o Use reasonable effort to explain the need to locate the monumentation.

o When entering on property where the residents are not present, use the “Thank You”
cards prepared by the Association, or suitable notice cards, to notify the residents. o Minimize cutting of plant materials. o Take appropriate measures to repair any damage which may have occurred. o Maintain a neat and appropriate appearance when working in field. 33
Your client: A BCLS Shall serve clients in a professional manner.  Using the advanced technology and knowledge, find the most effective way to
achieve client’s purpose.  Reasonably estimate the cost of survey, refer to conditions that may arise and
contribute to additional costs to the client.  Shall discuss any disputes over fees or other matters with a client in an open and
amicable atmosphere.

All fees shall be explained and copies of detail relating to the
calculation of fees shall be provided to the client upon request.  Regard as strictly confidential any information obtained about the affairs of all clients.  Respond promptly to any communication received from a client.  Keep a client reasonably informed on all aspects of a project
The approving authority: to research and understand the zoning bylaw or other land
use, planning and administration bylaws. To research and master the different
requirements within approving authority, include requirements of subdivision process,
building permission process, topographical survey and plan, building location certificate. Effectively interact with the approving officers. Your company:
The responsibility of a land surveyor to a company is to complete every job effectively,
safely and accurately.

Maintain the reputation and development of company. Improve
personal technical skills and management skills, serve the client more efficiently. Your family
Follow the security policies of company, and WorksafeBC standards. Protect personal
security and safety. Work harder and get more promotion. To be a good BCLS, good
employee, god husband and father. 2. What is the most valuable lesson that you learned from you master during the
article process? Don’t accept unapproved architect plan for construction layout, or don’t be affected by the
clients’ unreasonable requirements. This make us take the extra risks. President
1. A. Please describe the hierarchy of evidence. When there is ambiguity or question of boundary, land surveyors should consider the
hierarchy of evidence.

The order of reliability of evidence is:
 Natural boundary—although natural boundary is ambulate, its special characteristic
makes it usually the intent of boundary.  Original monuments
 Evidence of occupation---can be critically related to the time when original survey
done.  Measurements include plan, field notes, survey records
B. On what type of land surveys does the hierarchy of evidence come into play? In the retracement survey, to re-establish existing boundaries, and there is ambiguity
of boundary. 34
2. What is georeferencing and how do you do it?  Georeferencing means the determination of the horizontal coordinates for a point or
survey with respect to the adopted BC Geo-spatial reference, so far NAD83 (CSRS).

 Currently in BC, georeferencing rules are established for: ---Surveys in ISA;
---Mineral Tenure Act Survey; ---Oil & Gas Survey; ---Land Act survey
 They can be achieved by:
---GNSS or conventional ties to passive control points;
---GNSS ties to active control points;
---Ties to previously georeferenced surveys;
---Single point positioning techniques using PPP (Precise Point Positioning) service of
NRCan.  Expected Accuracies and field methods used to achieve the desired result:
Unless stated elsewhere in GSIR, the horizontal positional accuracy of all the
georeferenced points within the survey must be 1 meter or less. The methods include
conventional, GNSS or tie a type 1, 2 or 4 post, or other methods.

Geo-referencing under the Mineral Tenure Act survey outside of Integrated Survey
Areas, the estimated network horizontal accuracy should be 0.5 meters or less. B. what are some of the social benefits proponents of georeferencing have
identified? It may include BCLS, land use and planner, professional engineer, GIS developer,
--- Benefit to land use, planning and administration
---Benefits to GIS developers and users within governments
---One municipality which overlays its cadastral layer with its orthophoto base uses the
resulting product, which it can reproduce and present at various scales and for various
planning purposes, for meetings and strategic planning. ---Land surveyor benefit from the easy retracement of boundary.

---Engineering design and construction users within municipalities benefit from accurate
ground mapping, which includes cadastral information in digital form as a basis which to
produce their designs. ---The digital map will benefit the public and government authority, agencies, or
corporations
---the process of managing land acquisitions and dispositions, is greatly aided by digital
mapping
--- allow for the digital submission of plans in the same reference framework as the
municipal spatial database
---serve to provide geo-referenced data for use in cadastral mapping and in land
information systems
3. You have been retained to repost a lot in an area where the original surveys are
around 40 years old.

Your research tells you that the original survey plan lies
within an integrated survey area and has been tied to ISA control monuments. 35
During your field survey you find the original ISA monuments tied to, a few original
survey posts in the area but only one corner post at the rear of your client’s
property. You also take note that there is a new house being constructed next to
your client’s west property boundary but find no evidence of newly established
property corners along that boundary. 1. It is clear that your original estimate of time required to complete the survey
and costs is changing. How do you proceed?

Explain to the client the actual situation, that there has no new subdivision and
posting done, we have to extend the search of legal evidence. The survey takes
more time and cost. Prepare an estimation of cost and a written agreement for the work scope change,
send to the client for approval. 2. What further research, if any, would you do? Use the tied original monuments, calculate the location of other original monuments,
then carry out sufficient legal search. Layout and search the property corner again. Search bearing trees, boundary line trees and blazed trees. 3. How would you evaluate the evidence you’re found and what further evidence
might you consider? o The condition of the monument itself.

Examine the base of monuments to
judge if the monument is bent. It is good procedure to tie both the top and the
base of the monument, since the monument may have been set with a bent top. o The condition of the area around the monument, and signs of disturbance of the
ground. o Ancillary markings such as blazes, cuttings, guard stakes, stone mounds, with
their condition and their relationship to the primary monument. o Relationship with occupation (building corners, fences, retaining wall, hedge
lines). o The relationship of the monument to other legal survey monuments. 4. Your client wants to acquire an unconstructed road allowance adjacent to his land
and add it to his property.

Briefly identify the steps and the survey plans involved
to accomplish this.  Under

Section 58 of the Land Act, apply to the minister of Ministry of Forests, Land
and Natural Resource Operations, for a declaration of intention (retained or not)
about the unconstructed road allowance.  The application must be accompanied by a print of the proposed plan.  Under

section 120 of the Land Title Act, a municipality may cancel the dedication of
all or part of a highway or public square by bylaw.  Before adopting a bylaw, the council must deliver notice of its intention to the
operators of utilities whose transmission or distribution facilities or works the
council considers will be affected by the closure.S40. (if constructed road)
 The council of city files the municipal bylaw in the land title office.  Prepare reference plan or explanatory plan include that part land into the subject
property. Get the title of the cancelled dedication of road. 36
 Deposit the plan in land title office, and the registrar must register the indefeasible
tile of the closed road to the subject lot. 5.

You are preparing a subdivision plan of a parcel of land that was defined 5 years ago
by a reference plan. That reference plan was prepared by another land surveyor
who is still in practice in your community. In the course of your survey you
discover what you believe to be an error in the survey work conducted by the
previous land surveyor. (May 2011, Nov 2007, May 2007, Oct 2005, April 2005)
a. How would you handle a situation where you disagree with the boundary
definition of another land surveyor?  Check my own work and calculations.  Contact the other surveyor, outline the situation and set up a meeting to review the
issue.

 Depending on my experience and knowledge of the area, I may want to get
possible opinions before meeting the other surveyor.  When meeting with the other surveyor, keep an open mind, there could be reasons
for his decision I am not aware of.  At some point I will inform my client and explain that I am resolving a boundary
problem and that there may be some delays.  If the problem cannot be resolved between myself and the other land surveyor, I
may want to suggest finding a third land surveyor that we both have confidence in
and have that surveyor review the problem and offer an opinion.

 If this does not resolve the problem, I would want to refer this matter to the
Secretary of the Association and if warranted, the matter would be referred to the
Complaints Inquiry Committee. b. The other surveyor agrees that your solution is the proper one, he/she thanks
you for pointing out the problem and you complete the project using your
solution. Six months later you are carrying out a survey adjoining the same
surveyor’s work on another site and you find the same issue as on the
previous project. The other surveyor’s survey was initiated after the
completion of the last problem project. What do you do? Same answer as above, there may be a reason why the other surveyor used this
solution in this case.

Most likely I will need to report this to the Association, through
the Secretary; I have a duty as a professional land surveyor to protect the public and
the cadastre. If flawed methods are allowed to continue, it is only a matter of time
before damage occurs. c. another land surveyor contacts you and disagrees with your boundary definition
on a posting plan that you filed one week ago. You agree with the land
surveyor’s solution. How would you proceed to correct the problem?  I would immediately contact my client and the surrounding property owners,
explain the situation.  If any improvements have been carried out based on my flawed solution, I would
be liable for costs or any delays.

37
 Then, conduct a new survey to correct the situation and file another posting plan
and a statutory declaration. This will put the correction on record. d. What is the benefit of professional liability insurance to the public?  Protects the public from loses caused by error and omission, independent of an
individual professional’s personal and business equity.  Protect the land surveyor from a catastrophic loss that may put him/her out of
business.  Protects the employees of the land surveyor from job loss. b. What committee within the Association deals with written complaints received
by a land surveyor regarding problems or concerns encountered with the
survey or a plan of another land surveyor?

The Complaint Inquiry Committee
c. You and your colleague cannot come to an agreement, what do you do? Submit a written complaint to the Board of the Aocciation. d. What actions might that Committee take in regard to a complaint under Bylaw
8? They may request that the Board appoint a practicing land surveyor to investigate the
complaint. They may request the Board to seek an opinion on the complaint from the Surveyor
General. NOVEMBER 2010
Past President
2.

I would like you to comment on the following different ways contract out your work
as a Land Surveyor as they relate to the way fees are charged:
Hourly rates only – An Estimate – Hourly rates to an Upset Price – Fixed Fee or Lump
sum
a) Describe these different terms and tell us which method you think is best? Fixed Fee or Lump Sum---means the charge for land surveying is fixed at the
beginning and cannot be changed. It is based on a detailed task profile derived from
“fixed” specifications. The estimator has complete knowledge about the project’s
boundaries, site conditions, and improvements.

Hourly rates to an upset Price--- means the charge for surveying is calculated by the
spent time, and a maximum fee set, the total charge cannot surpass the upset price. An estimate derived from general specification. The estimate is prepared after initial
site investigation and research is complete, and major components of the
assignment are defined. No fixed specifications are clearly defined and subject to
additional fees. Such as, any reposting of lost or damaged corner monuments, or
carrying out additional work due to unforeseen circumstances. Hourly Rates only--- means the charge for surveying is calculated by the spent time. The estimate is derived from limited specifications, limited site information.

The
38
estimator may only have general information about the project, such civic address,
basic legal description, and/or the size and shape of property. This estimate can be
used for initial project planning, to obtain approval. An estimate---An approximation of probable cost based on the available information. Derived from preliminary specifications only, and is prepared with insufficient site
information. It indicates only an approximate summation of costs. The estimator is
approached by a prospective client who is considering investing in raw land for the
development. It is used only initiate further discussion with the client. b) Would some of these methods be better suited to certain types of work and if
so where would you use the different methods? Yes, see above.

c) Is there any one of these methods that you feel might lead to less
misunderstanding with your client when it comes time to present the bill? It may be the estimate of Fixed Fee or Lump Sum. 3. What makes the Cadastre strong? The competent practice of professional land surveyors, and the effective leadership, strict
regulation and governs to professional land surveyors from the Association of BC land
surveyor may make a strong cadastre. 4.
a) As it relates to your work, on what occasions might you contact a fellow Land
Surveyor?

They are many situations, I may contact a fellow land surveyor, such as
If has any problem in boundary resolution or practical land surveying , I’ll try to
communicate with fellow land surveyor, to exchange ideas, information and support. Sometimes, may call the fellow land surveyors to discuss a special topic of land
surveying. When I have good experience about one topic or job, I’ll share my
experience with the fellow land surveyors. b) Are there some occasions where you are required to contact a fellow Land
Surveyor? o When continuing work on a project, and I know that another land surveyor has
been previously engaged on the same project, I’ll communicates with the other
land surveyor as appropriate.

o If find any problem on legal survey plan, or have different resolution, I’ll contact
the fellow land surveyor who registered that plan. 8. Land surveyors are often involved in the land development process. a) In your view, can a land surveyor be an Advocate for the Developer, and if so,
how? No, the fundamental duty of a professional land surveyor is to protect public interest,
and maintain the integrity of land survey system. 39
b) In your view, can a land surveyor be a Resource for Approving Officers, and if so,
how? Yes, the Approving Officers have similar duties, which is to protect public interest, or
the interest of society as whole. President
1.

Please tell me how you ensure that all of your equipment is maintained and
calibrated on a regular basis? We maintain and calibrate equipment on regularly and un-regular basis. ---Two main instruments, Total Station and GPS, we send to the manufacturer authorized
instrument dealer for checking and calibration on annually frequency. GPS to Geospatial Technology Int. at 3671 Viking Way, Richmond. Total Station we send to D W Technologies Ltd. at 2323 Boundary Rd, Vancouver,
---Also we check and calibrate bubbles of total station, tribrach and pogo, tightness of
screws, mechanical function on monthly basis. Using the method of meaning of opposite
readings. ---We establish a simple and small workshop in our office used to check the plummet of
rod. The rod plummet is checked on monthly basis.

The un-regular checking and calibration are performed at any time when we find the
survey data is not consistent or has defect, and the instrument works abnormal. 2. A client has retained your services to stake out a foundation and prepare a
Surveyors Certificate after the concrete is poured. You arrive at the site to discover
an excavation that is almost 3 metres deep with sheer sides that are sloughing in. The framing contractor has supervised the excavation and now wants the spikes
set for the formwork. There is very little room between the sides of the excavation
and where the spikes are to be set.

The contractor assures you that the excavation
is safe and that he will watch the sides while you set the spikes and yell if anything
starts to slide. You are concerned about your safety. a) What should you do? I cannot take this risk. It is too dangerous. Before I going down to layout, must ensure
they take measures to eliminate the potential danger, such as making the sides of
excavation less steep or protecting the sides, then stop excavating. b) Tell me about your safety plan and how you ensure a safe workplace? I’ll following the steps to make a safety manual, and make sure all staffs work under
the manual. ---May consult or cooperate with health & safety representatives.

---Identify the existing or potential hazards
---State the goals and expectations, assign responsibilities to employer,
workers/employees and supervisor. ---Establish health and safety work procedures or policies. 40
---Orient new and young workers, educate and train workers
---Conduct regular inspections and meeting (address unsafe conditions and practices). ---Report and investigate incidents
---Keep the safety manual or program current. 3. You have been hired by Shady Development Ltd to carry out a 107 lot subdivision. You determine that because of the extensive serving. A Block Outline Survey
under

Section 69 of the Land Title Act will best suit your client’s needs. (Nov 2010, May 2006)
a) Please tell me the step required to do such a survey. ---After get PLA, carry out legal survey, prepare preliminary subdivision plan
depicting the location of control monuments(minimum 3 control monuments). ---Submit application of Block outline survey to the Surveyor General, through the
EFS, who may allow a block outline survey to be made by setting key monuments at
specified locations. (Block outline survey application Form, Preliminary subdivision plan, Proposed
Block Outline Survey Undertaking<if Proposed date to complete posting plan if
exceeding one year>)
---Complete and register block outline subdivision plan.

With prescribed fees
(survey plan certificate, application form to deposit plan, a signed letter of
undertaking)
Plan title does not refer to “pursuant to

section 69”. Plan image contains the
notation “Modified monumentation has been approved for this survey.”
---Complete the final posting within one year or a prescirbed period, after completion
of construction. (survey plan certificate, application form to deposit plan,posting plan)
---A posting plan of block outline comply with all the requirements for a subdivision or
reference plan, except the signature of the owner and the approval of the approving
officer; must be filed before the termination of the time limit. ---Submit the posting plan to the Surveyor General. b) You file the Block Outline Plan on December 1, 2009. How long do you have to
complete the appropriate posting plan? Within one year, or within the time period prescribed by the Surveyor General.

c) Your client declared bankruptcy on November 1, 2010. What are your
obligation with respect to the posting of the posting of these lots? The land surveyor will be required to post the lots in compliance with the order of the
Surveyor General in spite of the bankruptcy of client. The obligations of the land
surveyor are now to the cadastre and to the new owners of the lots. d) You have given a personal promise to the Surveyor General to complete this
posting. Tell me about the ramification of this promise? This is an undertaking, which is a personal promise given by a member in a
professional capacity, to a person other than his client.

The ramification is that a land
41
surveyor must fulfill every undertaking he gives. e) Who will pay for the posting plan? At the time of taking on the Block Outline project the land surveyor should have
insisted on either full payment in advance for the final posting, asked for the full
amount for the final posting to be placed in trust prior to completion of the Block
Outline Plan or, at the very least, have asked for a substantial retainer against the
final posting. If these provisions were not made the land surveyor may be required to
complete the posting and the plan preparation at his own expense. 4. You have been retained to mark the boundaries of a property in an older part of the
city.

The neighborhood is made up of rectangular 18m by 30m lots in a grid pattern
with a rear lane between lots. There is very little in the way of new plans in the area
and almost no posting plans. The original plan shows iron pipe at the corners of
each block. Your survey locates a number of these iron pipes and other survey
evidence to hopefully re-create the boundaries, but you find some inconsistences
with earlier surveys. a) Is there anything else that you should take into account? Yes, firstly we have to consider the hierarchy of evidence, the original monuments are
preferred to plan surveys. Secondly, proration may be used to re-establish the boundaries.

So we have to:
To determine the magnitude of proration: consider the age of the original survey, the
reputation of the original surveyor, difficulty of terrain at the time of the original survey. Respect to proration: Is there a balance odd lot at one end or the other, the possibility
that the road adjoining the block was not laid out at the plan width, the opposition of the
road when one block is long and the adjoining block is short by a similar amount. Firstly, I’ll consider preparing a Reference Plan pursuant to

Section 100(1)(a), the Land
Title Act, to re-establish the boundaries of property, other than Posting Plan. b) Please describe to me the process you would use to re-establish the
boundaries of your clients property. Analyze and evaluate the evidence that include physically and mathematically, the
significance and conditions of evidences; Create evidence chain (which plan is the pin from);
Is there sufficient evidence tied to re-establish the boundaries, or may calculate the
location of expected evidences, and send field crew back and search more legal
evidence. Ensure sufficient legal evidences found and tied. At the same time, tie
occupation evidences. Hold the original monuments. Prorating the distances between undisturbed and nearest corners, or put the surplus or
shortage in the odd lot.

Compare the boundary resolution with occupation evidences, specially the old building
corners and fences. 42
c) You discover a couple of fairly new iron pins with guard stakes on a lot north
of your client’s property, but no registered plan. What should you do? I would visit the owner of that property, require the information of survey company. Then contact the survey company and require the survey information or survey plan. I also may visit the municipal office, the planning and development department may
have the posting plan. d) The adjacent lot appears to have been re-posted with wooden stakes and iron
spikes. Again what should you do?

If there are insufficient evidences to re-establish the boundaries, and cannot find any
reliable evidence, these evidences may become persuasive evidence. Anyway, I’ll try to make sure who posted these wooden stakes and iron spikes. If it is
land surveyor’s action, it is definitely unprofessional conduct, and breach the survey rule,
I may report to the Association office. The survey rule clearly requires that standard posts posted at the property corners. Should I report this to the Association? e) What kind of plan would you prepare and what are your considerations before
recommending what kind of plan would be best? Reference Plan should be prepared.

When determining posting plan or reference plan, I have to consider: The age of
original subdivision survey, Is there any discrepancy between the surveys and registered
survey plan, or any ambiguity of boundary exist. Posting plan: less field works, don’t require owner’s consent and signatures, does not
impact title, deemed lower in rank of plan evidence, simply a land surveyor’s opinion of the
location of parcel boundaries; is not reviewed, confirmed or approved by the Registrar. Reference plan: takes more field work and time, require owner’s consent and sign, update
title, deemed higher as original survey in rank of plan evidence,
5. You have been retained by a developer who is building a four story mixed use
building.

He is looking for advice on how to assign the underground parking
spaces. Please tell me about the various options your client has and how you
would advice them. Parking space as non-habitable areas is designated as limited common property, which is
owned by the strata corporation, and the owners of the designated strata lots have certain
rights for use. The options to designate limited common property have:
o By the owner developer by a designation on the strata plan when it is deposited in the land
title office.

o By the owner developer by an amendment to the strata plan, at the time the strata
plan was deposited under S257, of the Strata Property Act
o By the owner developer by a plan amendment, at any time before the first annual
43
general meeting of the strata corporation under S 258 of the Strata Property Act
o By a resolution passed by a 3/4 vote at an annual or special general meeting under
Section74 of the Strata Property Act
1. The ABCLS has been discussing implementation of a survey rule that would
require all legal surveys to be geo-referenced. (Nov 2010, Nov 2006)
a) Do you support implementation of this rule? Please state your reasons of
support or non-support? Yes, I support this rule.

In order to create a province wide digital parcel presentation,
it requires all the survey to be georeferenced. As the development of GNSS technology, geo-referencing is not hard to achieve. Most of BCLS can apply the GNSS technology, and the GNSS equipment is not
much expensive. Second, it can benefit to land use, planning and administration; benefit to GIS
developers and users within governments; Land surveyor benefit from the easy
retracement of boundary. b) Do you believe the land surveying community is ready for this rule? Yes, as I told in the above question.

Geo-referencing can be achieved by:
---Single point positioning techniques using PPP (Precise Point Positioning) service
of NRCan. c) How would such a survey rule benefit the public? A number of land surveyors
have expressed concerns about the potential for the public to bear additional
costs if this rule is put in place. Can you contrast (i.e. give pros and cons) the
public benefit against the cost to the client? Yes, I disagree with the concern. As I know, the LTSA is establishing a Parcel Map
BC, which requires all survey to be georeferenced.

This electronic Parcel Map can
reduces risk and market confusion resulted in using various GIS of municipality. Also it will make that the land surveying, planning and other approving process more
efficient, which can save time for clients. As I know, most of the clients yelled
mortgage interest is much expensive, other than our survey cost. 2. The new Oil and Gas Activities Act does not contain requirements for surveys of
oil and gas pipelines or well site. These requirements are contained in the Oil and
Gas Activities Act General Regulation. This new regulation was brought into force
on October 4, 2010-with the ABCLS developing consequential amendments to Part
12 of the Survey Rules.

(Nov 2010, May 2009)
The new oil and gas activities act does not contain any requirements for surveys
of pipelines these requirements have previously been included in sections 24 and
25 of the pipeline act. The association, various members and the surveyor
44
general’s office have been working with the oil and gas commission on
regulations to require surveys of pipelines to be done and deposited in a public
registry. a) What are some of the benefits of requiring surveys of pipelines built over
Crown land be done and the resultant statutory right-of-way plans being
deposited in a public registry? It is in the public interest, and benefit the cadastral fabric or survey system.

The subsequent surveys which close area of surveyed pipeline, may be ge-orefenced
by tying the monuments show on the pipeline statutory right-of-way plan. b) How could the association help alleviate oil and gas industry concerns that
the land surveyors are not able to keep up with the volume of work and that
the timelines established to complete the right of way plans are not being
met? May grant relief from the posting requirements at each angle of the right-of-way and
where the right-of-way intersects with an existing surveyed boundary, to require no
more than 6 monuments per kilometer, including all monuments required. 3. In late September as a result of the introduction of

section 44.1 of the
Transportation Act, the ABCLS introduced survey rules that created a new
certificate for a BC land surveyor to sign when creating an arterial highway under
the Transportation Act. a) What were some of the reasons that the Ministry of Transportation and
Infrastructure found it necessary to introduce the new legislation? According to

section 45, the Transportation Act, the Lieutenant Governor in Council
may, by order, on the recommendation of the minister,
(a) designate an arterial highway
(b) order that all or any part of "arterial highway" cease to be an arterial highway. A land surveyor or the owner don’t have authority to create or dedicate an “arterial
highway”, if they want to dedicate and show the dedication of “arterial highway” on
the plan, the land surveyor must be authorized by the minster. b) The certificate-in part-has the BCLS certify that they are authorized by the
Minister of Transportation and Infrastructure to show certain lands as arterial
highway. As a BC land surveyor what would you want to have before signing
such a certificate?

Apply to the Minister of the ministry of Transportation and Infrastructure for the
dedication of “Arterial Highway”. 4. The hierarchy of evidence, in BC, tells us that an undisturbed original monument
(post) in place establishes the true location of the property corner, or point that
the post in marking. a) Please discuss some of the benefits of this “post in place” concept, given
45
particular consideration to the historic settlement patterns in BC. The original monuments in their original positions are conclusive evidence of
boundaries, and preferred by the court. Such as case---Johnson v. Clarke, 1884. The “post in place” means the original monument in original positions, and not
disturbed.

It doesn’t apply to survey monuments which have been set in the course
of retracement surveys, or through any other procedure. b) It is understood that evidence set as part of a boundary re-establishment on a
“posting plan” would be less “an original undisturbed” monument. How about
posts set as part of the final posting plan on a block outline survey. Are these
posts “an original monument”? Yes. The posts from the final posing plan of block outline survey are original
monuments. As the posting plan is comply with all the requirements of the Land Title
Act for a subdivision, except the signature of the owner, and the approval of the
approving officer. 5.

A bill received Royal Assent on June 4, 2010 and is now law, which amended the
Land Title Act to allow the director of land titles to require certain types of
applications to be submitted electronically. This enabling legislation authorizes
the director of land titles to take action to specify classes of documents to be
submitted electronically; and will also permit the registrar to make exemptions
from the requirement on a transaction-by-transaction basis. What are some
factors that the director of land titles should consider in mandating certain types
of applications to be filed electronically? o
o

Section 148 (Form and manner of applying), such must be in writing. o

Section 157 [forms] do not apply in relation to electronic applications. o Sections 35 [admissibility of instruments] and 166 (2) [return of instrument if
application refused or withdrawn] do not apply in relation to electronic instruments. o

Section 38 (4) and (5) [admissibility of certified copy of original instrument or
document] does not apply in relation to electronic applications or electronic
instruments
o

Section 245 (e) [copies accompanying strata plan tendered for deposit] of the Strata
Property Act and the following sections of this Act do not apply in relation to
electronic plans:
o

section 67 (s) [copies accompanying plan tendered for deposit];
o

section 144 (2) (b) [copies accompanying air space plan tendered for deposit];
o

section 147 (2) [dispensing with need for application] and (3) [instrument as
sufficient form of application];
46
MAY 2010
1. The General Survey Instruction Rules(GSIR) require each land surveyor to ensure
that a legal survey they perform, including the plans associated with it , conforms
to the rules. a) You wish to ensure you have the most up to date version of the GSIR. Where
would you locate the latest version of the rules? We can download the latest version from website of Association, on Act, Bylaws &
Survey Rules page
b) You are conducting a survey and determine it would be appropriate to seek an
exemption from a survey rule, please indicate where you would apply and
what information you would provide?

The Association is empowered to grant exemptions, and delegate the authority to
the Practice Advisory Manager. So all the requests of exemption must be submitted
to the Practice Advisory Manager except Crown Land survey and Private land is
being surveyed by the Province for the purpose of acquiring the land for park use,
wild life management, or purposes related to environmental conservation and
protection. The application needs to include:
o A description of the exemption being requested
o The pertinent Survey Rule section or sections from which exemption is being
requested. o The reason why the exemption is being requested
o If it clarifies the request, a sketch plan showing the survey project.

c) You have received an exemption from the ABCLS so as to not require
integration of a legal survey you are working on. What information should be
noted on the plan regarding the exemption? Pursuant to Rule 5-5 of the General Survey Instruction Rules, this survey need not
be integrated with survey control. d) Who is required to sign the statement? If it is hard copy plan the signature of Surveyor General is required. e) You believe a survey rule should be changed, please indicate where you
would apply and what information you would provide?

The survey rules change request submitted to the Chair of the Survey Rule
Committee:
All request must contain the following information:
o Name, mailing address, physical address, e-mail and phone number of submitter
o Part and section number of rule affected
o current wording
o proposed new/revised rule wording
o detailed background and origin for the requested change
47
o specific reasons why the proposed rule change is beneficial to survey practice and
in the public interest
2. The general survey instruction rules –

section 13-4 speaks to “cross-sections” on
strata plans. It reads “strata plans that show floor plans must also show cross
sections when requested by the registrar or if clarification is needed.”
a) How would you as a professional land surveyor interpret the statement “when
requested by the registrar or if clarification is needed.”
Cross-section
b) Are the boundaries of a residential strata lot the boundaries as shown on a
strata plan or the physical location of the demising walls, etc. as found on the
ground? How would you resolve a discrepancy between a plan and physical
occupation? 3.

The Land Title & Survey Authority has implemented an electronic filing system
(EFS) and electronic survey plan (ESP) process for Crown Land surveys and plans
to be registered in the land title office. (May 2010, Nov 2009, May 2009)
a) Please describe any benefits for the land surveyor and the client in making use
of the electronic filing of survey plans?

Advantages:
---allow the documents/plans to be circulated to multiple signatories simultaneously
---allows multiple users to access the same document at the same time;
---files can be submitted online directly, not restricted to hours the LTO s are open;
---files can be backed up or save on computer, eliminate the need to store hardcopy;
---will facilitate the automated update of a cadastral parcel fabric
Disadvantages: lack of security; without electricity nothing to do; data may be
misplace easily; it is not good to protect copyrights. 4. Land surveyors are often contacted by a client to prepare a survey. In many cases
the client does not know why they need a survey- only that they have been told to
get a survey.

a) How would you go about determining the client’s needs? It is important to make sure the purpose and objective of survey, in the first meeting. Contact the client, and ask them directly: what’s their purpose of requesting survey,
such as to build retaining wall or fence, get the permission of building, for the house
design purpose, or to locate the boundaries for dispute. b) Please describe your understanding of the difference between a “posting plan”
prepared pursuant to

section 68 of the land title act and a “reference plan”

section 100(1) (a) of the land title act. When would you
use a “posting plan” versus a

section 100 “reference plan” and visa versa? Refer to (Dec 2012, May 2012, Nov 2009)
Most of the retracement survey, the land surveyor use posting plan. If there is any
discrepancy between the survey and registered plan, any ambiguity of boundary
48
existing, or the subdivision plan is old, have to determine natural boundary, subject
parcel is defined by description or explanatory, land surveyor may use reference plan. c) What are the benefits of a new title created as a result of a

section 100(1) (a)
“reference plan”? Some surveyors and LTO treated posts from reference plan as prior, in some way, to
posts from posting plan. The extent of the property is clarified, the discrepancy between original subdivision plan
and physical site is eliminated. d) Given the differences between a “posting plan” and a “reference plan” we take
it that evidence set as part of a re-establishment on a “posting plan” would be
less than “an original undisturbed” monument. How about posts set as part of
the final posting plan on a block outline survey. Are these posts “an original
monument”? Some surveyors and LTO treated posts from posting plan as inferior, in some way, to
posts from subdivision plan or reference plan.

The posts set as part of the final posting plan on a block outline survey are treated as
original monuments. Past President
1. Why do you want to be a BC land surveyor rather than say, a senior technician. (May 2012, May 2009)
Firstly, my education prepare me to be a professional land surveyor, my bachelor degree
in Engineering Survey Program, and bachelor degree in Geomatic Technology Program. Secondly, my experience and training in BC land surveying, the studying of article period,
get me ready to be a BCLS. Third, my responsible and progressive personality, is compliant with the requirements of
a BCLS. AS a BCLS is a decision maker. To resolve the various problems, continuing
advancement is necessary. 5.
a.

If a charity organization asked you for advice about a land survey issue, how
would you deal with fees? I’ll deal with the charity organization as other regular organization. In this situation,
we are business relationship. They are my clients, instead of the object of donation. b. If it became evident that the organization required a survey for their new
building site how would you treat the fees for that? I’ll charge the regular fee as other projects, as our responsibility and professional
liability are not reduced if we give them “discount”. If necessary, I might make a donation by myself, or encourage my workmates make
a donation too.

49
c. What might be the impacts of “discount” surveys on liability insurance or a
relationship to insurance and fees? The “discount” surveys does not reduce the responsibility or professional liability. So
the “discount” surveys have no impact of liability insurance. President
1.
a. You have been retained to prepare a strata plan of a townhouse development with
a large number of units. The developer has heard about phasing the development
over a number of years and is looking for some guidance about what is required
for this to take place. What would you advise your client? A single development developed in stages, have only one strata plan and one Strata
Corporation.

Form P (Phased Strata Plan Declaration) should details the proposed schedule for the
phased development, and must accompany registration of the first phase. Each phase of a phased strata plan must be approved by the approving officer, using
Form Q. Consult with agencies such as LTO and approving officer, to clarify the procedures to be
utilized. The LTO have designated one registrar to provide advice with respect to the Strata
Property Act, and the current designate is Ian Smith at the New Westminster LTO. Pros: the developer can collect money for other phase when the first phase ready for
sale. Cons: have to construct common properties before plan get registered; the developer
may not want to continue developing left phases. Require advanced marketing and
management. b.

What are some of the considerations you must make when determining the phase
boundaries. (PRM 9-6)
As there is the potential for the development not to proceed, and the last phase
boundary may become a permanent lot boundary, the required building setback are
maintained and that required rights of way and easements are considered. Access to the
remainder of the parcel may be across the prior phases; therefore it is important that
easement agreements are prepared. c. Can your client switch the order of the phases? i.e.

build phase six before phase
five
No, phases in a phased strata plan must be deposited in the order in which the phases
are set out in the Phased Strata Plan Declaration
d. Can your client register multi phases together, on one plan? No, just one by one. e. Each unit in the development has a number of balconies and patios, which form
part of the unit. What recommendations do you make for labeling them and why? LCP (limited Common Property), It is often advantageous to designate non-habitable
50
areas such as decks, parking and yards, as limited common property.

This will reinforce
strata title principles that those areas are owned by the strata corporation, and that the
owners of the designated strata lots have certain rights for use. f. What about parking spaces? Pros and cons
Parking spaces may be designated as limited common property, owned by the strata
corporation, the owner of designated has certain right to use it. It is convenient to maintain
limited common property as it is owned by the corporation. If parking spaces connected to the strata lot, are often include in the unit entitlement
calculation. The owner of strata lot maintain and responsible for the fee.

g. Two months after the first phase is registered a number of the new owners have
decided that the parking spaces assigned to their units are inconvenient and
agree amongst themselves to switch parking spaces. They discuss this with the
owner developer who comes to you for suggestions. What do you recommend? By the owner developer by a plan amendment, at any time before the first annual general
meeting of the strata corporation under S 258 of the Strata Property Act
The strata corporation established by the deposit of a phased strata plan may not pass a
resolution under that section until the annual general meeting held following the deposit of the
final phase or until an election not to proceed under

section 235 or 236 (2) of the Act, unless
the strata corporation obtains the written consent of the owner developer. h. After registering phase five of a six phase strata development, your client decides
that it is un-economical to finish the final phase and decides to build a residential
tower on the remaining property. Only considering your role as a surveyor, what
would be required to allow this to take place? Plans etc. Access to the remainder (residential tower) of the parcel may be across the prior phases;
therefore it is important that easement agreements are prepared. Right of way or easement
plan may be prepared by land surveyor
2. Please describe the hierarchy of evidence.

When there is any ambiguity of boundary to be re-established, or the location of
boundary of a parcel is a question of fact to be based on evidence. The hierarchy of
evidence should be considered: First preference to the Natural Boundaries of parcel,
Second preference to Original Monuments placed or recognized by survey; third
preference to Features of Possessory or Occupation which reasonably related to the
time when the original monuments in placed. and fourth preference to
measurements(plan, field notes, other records). 3.
a) Your client is building a new house in a very old neighbourhood that dates
back to the early 1900’s. The original plan shows pipes set at the block
corners and wooden posts at all the intervening lot corners.

What do you
recommend as a first step? 51
Engage a BCLS doing legal survey, prepare and file a reference or posting plan to
the LTO, re-establish the boundaries of parcel and post the property corner. b) In the course of re-establishing the property boundaries you ascertain that
there is a 0.4 metre shortage in the block. You have determined that the old
iron pipes at the block corners are correct by virtue of ties made to newer
surveys and ties to improvements. There are 20 lots between the two streets. What do you do to help make a decision about the boundaries? What kinds of
evidence do you look for?

Check the field survey and calculation, look for gross error;
Check the registered plan, including other blocks, to determine any odd lot
designated at the end of block. Carefully review existing re-surveys in the block to determine what others have
done. Tie in all the fences or building corners in the block, they may be reliable occupation
evidence, compare the location of fences and building corners with original plans,
the boundary resolution. If no odd lot, prorating the distance difference between measured distance and plan
distance. c) When do you stop looking for evidence? There has sufficient legal evidence to re-establish the boundaries. To be safe,
redundant evidences are required to be tied.

Usually, all the block corners are searched, and make sure all the adjacent property
corners are searched. Any angle corner is searched. Arc end and begin are
searched. d) In your search for evidence within the block you find and tie two pins that are
un-registered. Would you tie them in? How would you treat them? How would
you go about finding who set them? Yes, must tie them in. If have sufficient legal evidences to re-establish the boundaries, the un-registered
pins may be used to confirm our resolution or just show on plan with “U”. If cannot find enough legal evidences at all, I may try to use this un-registered
evidence to establish the boundaries, then compare the resolution with registered
plan, existing buildings and fences.

To know who set the pins. I may visit the property owner on his/her property the
un-registered pins located on. The owner may know the information of survey
company. Have the information of survey company, I can find the surveyor and may
get the posting plan. Or visit the municipal office which the posted property located in,
they may have the posting plan. e) Is there anywhere else you might look for a record of the evidence? The municipal office may have the records of non-registerable survey plans which
relate to legal surveys within the municipal boundaries. The municipal survey
records contain the current Land Title Office information. f) What would you do if there was a 1.2 metre discrepancy?

52
Prepare reference plan re-establish the boundaries and update the title. 5.
a) Please describe in your own words, your interpretation of the phrase “present
natural boundary” ( Nov 2010, May 2010)
The present natural boundary is the natural boundary as defined in Land Act, at the time of
survey. The visible high water mark of any lake, river, stream, or other body of water where the
presence of and action of the water are so common and usual, and so long continued in all
ordinary years, as to mark on the soil of the bed of the body of water a character distinct from
that of its banks, in vegetation, as well as in the nature of the soil itself.

b) In the preparation of a topographic plan of a waterfront property, you discover that
the present natural boundary of the property is substantially different from the
high water mark shown on the original plan. There is a bank leading down to the
water and the plan high water mark more or less plots along the top of the bank. The present natural boundary is located and there is a difference of 15 metres
more or less from the plan boundary. The owner wants to build as large a home as
the zoning by-laws on the property, one that is close to the minimum setback from
the natural boundary and close to the minimum side yard setbacks. What would
you suggest to your client?

The setback should be calculated from the present natural boundary. We need a legal
survey and prepare a reference plan to determine the present natural boundary. Pursuant to

Circular Letter #459, submit a accretion application to the Surveyor General. Deposit the plan to LTO, after Surveyor General certify the lawful accretion, the
title in fee simple. c) Which section of the Land Title Act would pertain to this situation? What
principles would guide your decision? Which sub- section would your application
would fall under? The

section 94, the Land Title Act. The section 94 (1)(d), the Land Title Act. The natural boundary is the present natural boundary as defined in the Land Act. The
change of natural boundary must be natural, gradually, imperceptible, and not sudden
change and filled. d) Where would you send the application
The Division of Surveyor General in the Land Title and Survey Authority (LTSA). November 2009
1. You have completed a two lot subdivision for a client. In re-establishing the
exterior limits of the parcel you find your exterior dimensions conflict significantly
with the surveys on records at the land title office. You are comfortable with your
re-establishment.

The client indicates that he is concerned that the differences in
53
dimension may delay registration of the subdivision plan. What might you do? Get all the owners sign the plan, whose properties are affected by this subdivision plan. 2. The association of BC land surveyors (ABCLS) held the first two presentations of
the getting it right in BC (GIRBC) Seminar in Kelowna and Richmond during the
first week of November. Did you attend either session? If yes, please tell us
about the experience. If no, please let us know the decision making process you
went through, that caused you to decide not to attend and then describe your
experiences at other ABCLS continuing professional development (CPD)
opportunities you have been able to participate in. No.

At that time, I was studying in BCIT, do not have many idea about the activities of
ABCLS. Later I got the documents from other land surveyor, the most important one
document is “GIRBC_Participant Binder”. President
1.
a) Give us some examples of using evidence which is not registered anywhere to help
you in defining a boundary where you have found very little evidence of a
registered nature. Please consider all types not just unregistered monuments. How
might you assess the authenticity/accuracy of evidence of occupation? Some un-registered evidence, can be persuasive evidence of the location of true corners,
which come from many sources. Such as, spikes, bars or angle irons, placed by property
owners or other individuals, to preserve the corner.

In the early and middle periods of provincial surveying, many none standard metal posts
were placed by surveyor, when there were no standard metal posts. Many of the early
re-postings by surveyors were recorded in their own field books, there existed no means
of placing them in the public record until 1962, when provision for the filing of posting
plans was made in the Land Registry Act (now Land Title Act). For these reasons, there is much corner evidence, most of which is probably the best
available, which is of uncertain validity but which cannot lightly be disregarded. When assess the accuracy of evidence of occupation, firstly we have to consider its age.

It
is important to be able to reasonably relate the timing of construction of the fence or
building to a time period when the original survey evidence is likely to have been in place. Fence is usually last 20 years, when assess its reliability, a surveyor should to know how
the fence was replaced. Owners usually renew their fences on continuing basis, replacing
posts as they decay and keeping the same location. b) If you were faced with a situation where evidence of occupation, supported by an
affidavit conflicts with physical, registered evidence, which evidence would you
treat as more reliable.

However, before making decision, I have to figure out the evidence chain, to find
whether the registered evidence are original or how are they derived from original
monuments. 54
What’s more, evidence of occupation can be legal evidence only when it related in
time to original survey. Considering the hierarchy of evidence, there are in order natural boundary, original
monuments, evidence of occupations which can be related in time to the original survey,
and plan measurements. The order of reliability of original monuments is higher than evidence of occupation. 2. You have worked for some years now as a survey assistant or technologist & now
as an articled student.

a) When you are sworn in as a BCLS, describe some of the things that you might be
expected to handle differently as a professional? How might your work tasks
change? Becoming a BCLS means all the mistakes occurred in field survey, office calculation,
plan preparation, client complaint are BCLS’s mistakes, who sign the plan. As a BCLS,
we have to supervise or control the whole lifespan of a survey project, include the client
contact, work scope, cost estimate, field procedures, office procedures and plan
finalization.

Most of time may spend on dealing with clients, job research and estimate,
supervise field crew and office staff, check field data and notes, check office calculation,
check plans…
b) Do you expect that responsibility to bring you more satisfaction or more stress? Both, more stress and satisfaction, the responsibility drive us to improve ourselves,
solve every problem and try to work on it better, this bring us lots of stress. We cannot
stop learning, researching and thinking. Also it makes us very satisfaction or happy when solving every problem, and we get
more experience after each problem. 3. The topic of public image or public relations and the lack of knowledge of the
profession of land surveying is often discussed in our association.

Many people
suggest that the association should take a greater role in promoting the public
image of a land surveyor. Describe what you see as your responsibility promoting
the profession locally in your community. Participate the activities and affairs of the professional or other related professionals. Try
communicate with these professionals, change ideas, experience and developments. Be
proudly tell them about a land surveyor and the Association of BC land surveyors. Try to attend more activities and affairs happen in local community, be a land surveyor
and a member of the Association of BC land surveyors. 4. You client is considering (subdividing) a piece of residential property, which is
beyond the reach of city services.

He has heard of a “bare land strata” and
wonders about the differences from a fee simple subdivision. a) Describe to us what you might tell him about the similarities and what are the
differences, benefits and shortcoming s of each. Bare Land Strata: is a combination of fee simple subdivisions and strata concepts as
55
defined by the Strata Property Act. Take unique title to one’s lot as fee simple; and also gain joint ownership of common areas
so that share common amenities, landscaping, and pathways. Advantages/benefits: allow for variance of lot sizes and shape. Variety of housing type. Has competitive Pricing. Property taxes tend to be lower.

Disadvantages/shortcoming: management requirements (concern rules &
regulations)---the planning, development, construction and marketing require more
experience and business judgement;
Public support---many proposed subdivision plan often successful opposition from
adjacent residents and citizens groups; the pre-development, marking package. b) Can a bare land strata be phased? Yes, phased strata plan can be used for conventional and bare land strata
development. c) What would be the advantages of a phase strata vs. separate strata constructed
next to each other at different times? The complete development has only one strata plan and one Strata Corporation. d) Can separate strata plans be combined with others? Yes, under

section 269, the Strata Property Act, two or more strata corporations may
amalgamate by entering into an amalgamation agreement that contains
(a) the terms and conditions of the amalgamation, and
(b) the bylaws that will apply to the proposed amalgamated strata corporation. e) As each phase is created, does the “remainder” need to be viable and who
plays a role in ensuring it is. Yes, the Approving authority, using Form Q, approves each phase of a phased strata
plan. The remainder of the parent parcel remains with title under the Land Title Act. f) What are potential consequences if the future phase(s) (or in particular the last
phase) is not developed as planned and how (generally) are those risks
mitigated?

The phase boundary may become a permanent lot boundary. So at early stage of
proposed development, to ensure the required building setbacks to phase boundaries,
and the required rights of way or easements access to the remainder, are created. g) Why would urban local governments (potentially) have concerns with the
creation of bare land strata (as compared to a rural municipality)? The density conventional strata property may more suitable to urban, as the land is
limited and valued. However, in rural area, this limitation of land may not a problem,
rural municipality concern more about the service and common facilities. Bare land
strata as fee simple, the owner takes unique title to lot. 56
1.

Your client has requested that you repost one of his property lines. Your survey
finds sufficient undisputed evidence to allow you mathematically reconstruct the
boundaries and you find that your reconstruction matches the underlying plans
well within tolerable accuracies. Having tied a retaining wall separating your client’s
property from his neighbor, your find that it has been constructed partially on the
neighbor’s property.

You advise your client of this and he indicates that he was
aware that this might be the case as his neighbor had “measured the wall off his
house”
He asks that you post the property line on an offset into his neighbor’s property but
that you do not put any notation on marker posts that would indicate that the posts
are not on the true corners. He also asks whether or not you have to file a plan in
the LTO. What do you do? Would you talk with the neighbor? Firstly, I’ll tell the client that I cannot do that. The requirement is against with our duties to
protect the public interest and maintain the quality of cadastral survey system.

Also break
our oaths or affirmation of commission, faithfully and without partiality to carry out our
duties. We must post the monuments at the true corners. Secondly, under the

Section 68, the
Land Title Act, any new post set, must file a new posting plan. And we don’t have obligation to inform the neighbor. May 2009
1. A posting plan prepared pursuant to

section 68 (2) be filed “in the land title office within 2 months after
the completion of the field survey. There is no formal process in place to ensure
this occurs. The registrar will not, generally, refuse a posting plan deposited more
than 2 months after the survey is completed. a) How would you, as a land surveyor, treat your obligations under this section of
the act? What are your professional responsibilities in regards to the public
disclosure of posts you set? Should the ABCLS consider taking actions to
ensure the requirements of

section 68(2) are met in a most timely manner? A land surveyor has obligation to file the posting plan in LTO in 2 months after its field
work done. The professional responsibilities of land surveyor to the public is
establish and maintain a high quality and integrity of cadastral survey fabric, ensure
the physical situation is the same with plan showing. Yes, the ABCLS should take action to ensure…
a) You have been hired to prepare a posting plan of an urban lot originally
created in 1947, now with 4 exceptions from the title. Your initial field survey
reveals that your boundary resolution results in non-conformities with the
existing lot dimensions as on record at the land title office.

Would you
continue to prepare the plan or are there alternatives to a posting plan you
might consider? What would be the benefits of these alternatives? 57
We can prepare a reference plan other than posting plan in this situation. Firstly,
reference plan can update the title, and eliminate the discrepancy between surveyed
distances and the plan distances. The posts set by reference plan deemed high as
original survey in rank of plan evidence. 2. You have been hired to subdivide a large property fronting onto a significant body
of crown owned water. You have performed all the field ties and have plotted the
present natural boundary, which is distinct. You note that the present natural
boundary is water ward of the title boundary.

It would be of benefit to include this
land within your client’s title.

Section 94 of the land title act provides
administrative authority, however there are two subsections in

section 94 defining
different processes under which the boundary could be dealt with. a) What are the two processes and how would you determine which to use? Under the

section 94 (1)(c)of the Land Title Act, accretion application and the section 94
(1) (d) of the Land Title Act, natural boundary adjustment. Accretion applications can be processed, only where the bed of the adjoining body of
water is owned by the provincial Crown.

Section 94(1) (c ) of the Land Title Act cannot
be applied where the bed of the adjoining body of water is owned privately or by the
federal Crown. A natural boundary adjustment application applies to whatever the bed of the adjoining
body of water owned by the provincial Crown, federal Crown or private. b) You have determined that the natural boundary has not moved; it has always
been at the current location. Please describe what advice you would give your
client in regards to their title and how you would suggest proceeding with the
survey. If the property front the natural boundary of water, its limitation is determined by the
present natural boundary.

Under common law, if the lawful accretion happened, the buildup land is entitled to the
title of adjacent lot. The owner can apply to Surveyor General for the lawful accretion of land. President
1. You have provided your client with an estimate on a subdivision project. In
carrying out the field work you find missing evidence and conflicting evidence
which causes considerable more field work about 5 days rather than 2 ½ days. Would you invoice the full amount of field time? Depends what did we write in the agreement, and what kind of estimate used. If it is fixed price, the extent of survey will not affect the original price.

If we have qualified the original number as an estimate, or if we have advised the client in
writing and have received written approval to charge more than the original estimate, we
shall charge the actual costs. As an experienced land surveyor, this kind of situation must be predicted. 58
2. Where do you think that the CPD committee should concentrate their efforts to
best serve new BCLS members and why? What is your obligation as far as CPD is
concerned? In my opinion, the CPD committee may concentrate their efforts on providing help on
some specific situation or topic, which the new BCLS members feel confused or have
problem in their practice work.

Because there always have some situation, the new
members don’t know how to deal with or make decision. The CPD may set one
questionnaire form and distribute the new BCLS in the first one or two years, ask them
list the problems which they don’t know how to resolve. Then the CPD can find some
experienced BCLS or have some seminars to figure the problems. Past President
1. Let’s explore this a bit with what could be an ethical conundrum. Let’s suppose
you have been contracted to retrace the boundaries of an old survey of a large
piece of property prior to the redevelopment of that property.

During the course of
that retracement survey you find conflicting evidence that would give you two very
different solutions for one boundary. Either solution would be supportable
however you feel a preponderance of the evidence leads to one particular solution. Your client, who would benefit from the other solution, tries to apply pressure to
you to select the solution that would be beneficial to him. In fact, your client tells
you that if you do not support the solution he wants that he will find another
surveyor who will – in effect threatening to fire you over your professional beliefs. What do you do?

To make this decision, we should know:
Firstly, the duty of BCLS is protect the interest of client, not damage the interest of public,
maintain the dignity of the Association and the integrity of survey system. If I select the solution which the client required, it will damage the public interest, and it is
not good to the reputation of the Association. I reject this client, its only one project or one client. If I accept the client’s requirement, I
may lose many clients and projects. 2. Many municipalities maintain quasi-public repositories of survey records.

The city
of Vancouver, for example, maintains a data bank of surveys that easily rivals and
perhaps exceeds the survey records held by the Land Title Office in New
Westminster regarding the city of Vancouver. a) What is your feeling on using non-registered survey data? Using non-registered survey data may take some risks. They are not as safe as registered
survey data. The registered survey data usually have to be reviewed and authorized
before publishing to public, this procedure can reduce lots of mistakes of survey data. Such as, when doing survey in city of Surrey, we can down load legal plans from
BC-online and Surrey Cosmos, the plans from COSMOS are not clear, sometime, we
have to guess the dimensions or bearing.

Secondly, the non-registered survey data may not as professional as registered. 59
When use un-registered data to get a solution, we must find more other evidence which
can confirm the resolution based on un-registered data. b) How would you support a decision on a boundary when there was conflicting
evidence in city records and the Land Title Office? Firstly, I’ll try to find and use other reliable evidences to re-establish the boundary, then
compare to conflict decision. If failed, research the derivation of the conflict evidences, find what evidences are reliable
or certainty. It’s say “walking the footsteps of the original surveyor”. Assess the solutions, compare to the existing building, fences, retaining wall, hedges or
other improvements.

If the conflict still cannot be solved, I prefer to hold the evidence in the Land Title Office. c) Supposing city of other non-registered evidence showed a road to be less
than the width shown on a subdivision plan yet holding a plan width would
make an old building encroach when you had city record that showed the
building to not encroach. How would you support your decision? Firstly, research the original survey plan which dedicate the road, check the road
allowance. Research the age of the building, is it related to the time the original survey done
and original monuments placed. Tie all fences and building in the block, are they consistent with the old building. Is there an odd lot at the end of the block.

If all fences and building consistent, and without odd lot, hold the un-registered
evidence. 3. Our association can only thrive when members at all levels volunteer some time
and effort towards the association. ( June 2012,Nov 2010, May 2009)
a) What has been your involvement in association activities to date? b) What involvement do you expect to have once you become a BCLS? Firstly, I’ll participate the 109th Annual General Meeting. I’ll try to participate the
AGM as more as I can (maybe once every 2 or 3 years). I’ll contact and register in the regional land surveyor group of Low Mainland. Try to participate activities, seminar or meeting, which held by the Association, in
low mainland of Vancouver.

I’ll pay close attention to what is happening or will happen in the Association of
BCLS, carefully read and learn every update news from Association office, learn the
knowledge linked in the update news of office of the Association. c) What would you say are some of the duties of our association? ---Provide effectively leadership of the profession of BC land surveyors. ---Ensure there is a sufficient number of BCLS to maintain the integrity of the survey
systems of BC. ---Establish standards and assess candidates for membership
60
---Provide professional chance or forum for the BCLS to maintain and improve our
professional competency). ---Establish, enforce and update professional standards, rules, regulation, or ethical
codes for members;
---Promote excellence through education and continuing professional development.

---Strive to maintain the highest ethical principles in all our actions and relationships. 61

Section 69 Land Title Act (Block Outline Plans) ............................ 25
Chapter 9 - Strata Title Surveys ....................................................................................................1
Part 1 – Strata Property Act Survey Principles .................................................................................... 1
1) Boundaries of Strata Plans When Encroachments Exist ..................................................... 1
2) Determining Boundaries of Strata Lots ................................................................................ 2
3) Determining Boundaries of Limited Common Property ..................................................... 4
4) Plan Requirements ................................................................................................................ 5
5) Common Property and Limited Common Property ............................................................ 5
6) Forms V and W ...................................................................................................................... 6
7) Habitable Area ....................................................................................................................... 7
8) Parking stall and garage area designation - Part of the Strata Lot (non-habitable) or LCP? ................................................................................................................................................ 8
9) Updating Unit Entitlement after the habitable area has changed (e.g. renovations have
occurred).

.............................................................................................................................. 8
10) Yard Areas .............................................................................................................................. 8
11) Non-occupancy and Previously Occupied Buildings............................................................ 9
12) Strata Plans of Air Space Parcels .......................................................................................... 9
13) Bare Land Strata Plans ........................................................................................................ 10
14) Leasehold Strata Plans ........................................................................................................ 11
Part 2 - Phased Strata Plans ............................................................................................................... 11
Part 3 – Preliminary Strata Plans To Accompany A Disclosure Statement ...................... 12
Part 4- Strata Plan Amendments ....................................................................................................... 13
Chapter 10 - Petroleum & Natural Gas Surveys ............................................................................1
Part 1 – Field Surveys for Wellsites ..................................................................................................... 1
1) Classification .......................................................................................................................... 1
2) Wellsites in the Petroleum & Natural Gas Grid System ...................................................... 1
3) Wellsites in the Peace River Block ........................................................................................ 1
Professional Reference Manual V3.3 Table of Contents - 3
4) Wellsites on Canada Lands (e.g.

Indian Reserves)............................................................... 2
5) Principles of Field Surveys for Wellsites............................................................................... 2
6) Important Elements for Well Site Surveys: .......................................................................... 3
Part 2 – Pipeline Surveys ...................................................................................................................... 4
1) Pipeline Construction Surveys .............................................................................................. 4
2) Pipeline Right of Way Surveys – Provincial Jurisdiction ...................................................... 4
3) Pipeline Right of Way Surveys – Indian Reserves ................................................................ 5
Part 3 – Reference Materials ............................................................................................................... 5
1) Association of British Columbia Land Surveyors Survey and Plan Rules ............................ 5
2) Land Title and Survey Authority ........................................................................................... 5
3) B.C.

Oil & Gas Commission Website..................................................................................... 5
4) Surveyor General Branch, Natural Resources Canada ........................................................ 6
5) Supplement to the Manual of Instructions for the Survey of Canada Lands ..................... 6
6) Bulletin 38 .............................................................................................................................. 6
7) Manual of Instructions for the Survey of Canada Lands ..................................................... 6
Chapter 11 – Mineral Tenure Surveys ..........................................................................................1
Part 1 – Mineral Tenure Act & Regulations To Govern – General Background ................................ 1
1) Tracking Mining Legislation - Regulations and Survey Procedures .................................... 3
Part 2 – Mineral Tenures...................................................................................................................... 5
1) Historical Location of Legacy Tenures .................................................................................. 5
2) Cell Claim Tenures ................................................................................................................. 9
3) Legacy Tenures after the Map Freeze................................................................................ 11
4) Recent Legislation and Rule Changes................................................................................. 13
Part 3 – Current Mineral Title Surveys .............................................................................................. 14
1) Translating the Survey and Plan Rules Part 9- Surveys Under the Mineral Tenure Act Into
Practice ................................................................................................................................ 14
APPENDIX 1: Key Dates ...................................................................................................................... 20
Recent Legislation and Rule Changes ....................................................................................... 25
APPENDIX 2: Administrative Areas .................................................................................................... 27
Areas administered by Energy, Mines and Petroleum Resources .......................................... 27
Parks ........................................................................................................................................... 27
Indian Reserves .......................................................................................................................... 27
Treaty Settlement Lands ............................................................................................................ 27
Other Protected Areas ............................................................................................................... 27
Chapter 12 - Building Location Certificates...................................................................................1
Professional Reference Manual V3.3 Table of Contents - 4
1) Introduction ............................................................................................................................ 1
2) Searches .................................................................................................................................. 1
3) Certificate of Location - Plan Contents .................................................................................. 2
4) Forms and Foundations – special caution ............................................................................. 4
5) Construction Layouts .............................................................................................................. 4
a) Construction Layouts – some tips ........................................................................................ 5
b) Construction Layouts – Certificate of Location ................................................................... 5
6) Electronic Certificates ............................................................................................................. 6
7) Checklists ................................................................................................................................. 6
Chapter 13 - Plans of Topography (Site Plans/Design Plans) .........................................................1
Chapter 14 – Electronic Plans Filed with the Land Title & Survey Authority ..................................1
Part 1 - Overview .................................................................................................................................. 1
1) Background ............................................................................................................................ 1
2) Support material from the LTSA ........................................................................................... 1
3) Roles....................................................................................................................................... 1
Part 2 - Set Up ....................................................................................................................................... 3
1) Juricert Certification Authority ............................................................................................. 3
2) Managing your digital certificate ......................................................................................... 4
3) Registering as a land surveyor .............................................................................................. 4
Part 3 - Electronic Plan Numbers ......................................................................................................... 4
1) Managing your numbers....................................................................................................... 4
Part 4 - Preparing the Plan ................................................................................................................... 5
1) Signature blocks .................................................................................................................... 5
2) Sheet size and scale .............................................................................................................. 6
3) Land Surveyors Certification ................................................................................................. 6
4) Applying Your Digital Signature ............................................................................................ 7
5) Control number ..................................................................................................................... 7
Part 5 - Preparing the Application Form ............................................................................................. 7
1) The Applicant and Subscriber ............................................................................................... 7
2) Additional information .......................................................................................................... 7
3) Obtaining consent and approval signatures ........................................................................ 8
Part 6 - Supporting Documents ........................................................................................................... 9
1) Concept .................................................................................................................................. 9
2) Strata Property Act Filing Forms .......................................................................................... 9
3) Other ...................................................................................................................................... 9
Professional Referen ce Manual V3.3 Table of Contents - 5
Part 7 – Submissions .......................................................................................................................... 10
1) Submission of a Package to the Land Title Office .............................................................. 10
2) Use of Electronic Meets ...................................................................................................... 11
3) Surveyor General Submissions ........................................................................................... 12
Part 8 - Obtaining Plans and Documents .......................................................................................... 15
1) Ordering a plan with/without the SPC (Certification Page) .............................................. 15
2) Obtaining the Application form .......................................................................................... 15
Part 9 - Changing A Plan ..................................................................................................................... 15
1) Before it is signed ................................................................................................................ 15
2) After the SPC form is signed but before it is submitted.................................................... 15
3) After the plan is submitted into myLTSA for land title deposit ........................................ 16
4) After it is filed ...................................................................................................................... 17
Part 10 - Changing AN LTO Document .............................................................................................. 17
1) Before it is signed ................................................................................................................ 17
2) After it is signed and before it is submitted....................................................................... 17
3) After it is submitted ............................................................................................................ 18
4) After it is filed ...................................................................................................................... 18
Chapter 15 - Public Roads, Highways And Forest Service Roads....................................................1
Part 1 - Introduction ............................................................................................................................. 1
Part 2 - How Public Roads And Highways Are Created....................................................................... 2
1) Creation of Public Road pursuant to the Land Act .............................................................. 3
2) Creation pursuant to

section 72 of the Land Act ................................................................ 3
3) Creation pursuant to

section 79 of the Land Act ................................................................ 3
4) Establishment pursuant to

section 80 of the Land Act ....................................................... 4
5) Other Sections of the Land Act pertinent to public roads .................................................. 4
Part 3 - Creation of Highway Pursuant to the Transportation Act ..................................................... 5
1) Dedication in accordance with the Land Title Act, Chapter 250, RSBC 1996 .................... 5
2) The Expenditure of Public Money ........................................................................................ 6
3) Common Law Dedication Made by the Government or any Other Person ..................... 10
4) Declaration, by Notice in the Gazette, Made before December 24, 1987 ...................... 10
5) Depiction on a Crown grant ................................................................................................ 10
6) An Order under

Section 56(2) of the Transportation Act ................................................. 11
7) Any Other Prescribed Means.............................................................................................. 12
Part 4 - Ownership Of Public Roads, Highways, And ‘Travelled Ways’ Within And Outside Of
Municipalities ........................................................................................................................ 12
Professional Reference Manual V3.3 Table of Contents - 6
1) Ownership within Municipalities ........................................................................................ 13
2) Local Government Legislation ............................................................................................ 14
3) Use of Land Title Inquiry Act in certain City of Vancouver situations to Confirm Ownership
of Street ............................................................................................................................... 15
Part 5 - Municipal Gazetted Roads .................................................................................................... 16
Part 6 - Forest Service Roads ............................................................................................................. 17
1) Abbreviations ...................................................................................................................... 17
2) Introduction ......................................................................................................................... 17
3) How is a Forest Service Road established? ........................................................................ 17
4) How can the Minister dispose of Forest Service Roads?

.................................................. 24
5) Various other notes of interest in relation to Forest Service Roads ................................ 25
Part 7 - Appendix 1 ............................................................................................................................. 26
Ombudsman’s Reports Regarding Roads ................................................................................. 26
Chapter 16 – Global Navigation Satellite Systems ........................................................................1
Part 2 - GNSS Definitions ...................................................................................................................... 1
1) GNSS Systems ........................................................................................................................ 1
2) Frequencies ........................................................................................................................... 1
3) Equipment ............................................................................................................................. 2
Part 3 - GNSS Receivers ........................................................................................................................ 4
1) Mapping Grade...................................................................................................................... 5
2) Single Frequency ................................................................................................................... 5
3) Dual Frequency ..................................................................................................................... 5
Part 4 - Active Control .......................................................................................................................... 5
Part 5 - Uses In Land Surveying ............................................................................................................ 6
1) Georeferencing ..................................................................................................................... 6
2) Control Points/Network ........................................................................................................ 9
3) Bearing Derivation............................................................................................................... 12
4) RTK in Legal Surveys ............................................................................................................ 14
Part 6 - Good Practices ....................................................................................................................... 14
1) Site Conditions .................................................................................................................... 14
2) RTK Error Mitigation............................................................................................................ 14
3) Other Error Sources ............................................................................................................ 15
Part 7 - Georeferencing Standards .................................................................................................... 16
1) Required Accuracy .............................................................................................................. 17
Professional Refere nce Manual V3.3 Table of Contents - 7
2) Determining Absolute Accuracy ......................................................................................... 17
3) Control Monument Accuracy ............................................................................................. 17
4) 95% Confidence .................................................................................................................. 17
5) Number of Georeferenced Points ...................................................................................... 17
Part 8 - Scale Factors .......................................................................................................................... 18
Part 9 - Height Modernization ........................................................................................................... 18
1) Provincial Impact ................................................................................................................. 18
2) Accessing the New Datum .................................................................................................. 19
Part 10 - Horizontal Datums .............................................................................................................. 19
1) Federal Datums ................................................................................................................... 19
2) Provincial Datums ............................................................................................................... 20
Part 11 - Reference Material and Learning Opportunities ............................................................... 20
1) Formal Education ................................................................................................................ 20
2) Published Lecture Notes ..................................................................................................... 20
3) CBEPS Study Guide .............................................................................................................. 20
4) Publications ......................................................................................................................... 21
5) Government Websites ........................................................................................................ 21
Appendix A ..................................................................................................................................1
Hearsay and Parol Evidence ................................................................................................................. 1
Hearsay Evidence ......................................................................................................................... 1
Parol Evidence .............................................................................................................................. 1
Appendix B ..................................................................................................................................1
Survey Standards for Legal Surveys on First Nation Treaty Settlement Lands ................... 1
Background................................................................................................................................... 1
Professional Reference Manual V3.3 Table of Contents - 8
Chapter 1- Historical Background
The First Nations peoples have traveled the west coast of Canada for thousands of years,
although opinions differ as to the first European visits to this area.

The most likely claimant
is the Greek navigator Juan de Fuca, whose story, published in 1625, tells of a voyage to the
north Pacific in 1592, and the discovery of “a broad inlet of the sea” where he sailed for 20
days. The inlet led to a much broader sea which contained many islands. The first systematic surveys of the northwest coast of America were by the Danish navigator
Vitus Bering in the St. Peter and Aleksei Chirikov in the St. Paul. Bering was appointed by
Russian Emperor Peter the Great to explore the Russian east coast, and on July 29, 1741,
he sighted the coast of North America near Cape Saint Alias, Alaska, and made surveys of
parts of the Alaska coast.

The St. Peter, Captain Bering, and several crew members were
lost, but survivors told of an area rich in furs. Russian traders were soon active in the
Aleutian Islands, the coast of Alaska, and the Alaska panhandle, and with the construction
of several well-fortified posts Russian sovereignty was well established in the area.

In 1774, the Queen Charlotte Islands and Nootka Sound on the west coast of Vancouver
Island were noted on charts by Spanish explorer Juan Jose Perez in the Santiago, and in
1775, Juan Francisco Quadra in the Sonora followed the coast to 58 degrees N. It appeared
that Russia and Spain would control the sovereignty and trade of the west coast of America,
until in 1778, Captain James Cook, in his ships Resolution and Discovery charted and traded
in Nootka Sound. Although he failed to note Juan de Fuca’s “broad inlet” due to bad
weather, he stayed at Nootka for a month before exploring the coast up to the Bering Strait
looking for the Northwest Passage.

In 1785, James Hanna in the Sea Otter was the first trader to reach Nootka, and in 1787,
Captain Charles William Barkley in the trading ship Imperial Eagle, sailing south-eastward
from Nootka Sound, recognized Juan de Fuca’s strait, and named it after the early
navigator. The next year, Captain John Meares purchased land from the First Nations
peoples and the first European dwelling was built at Friendly Cove in Nootka Sound. In 1789, the Spanish established Fort San Miguel at Friendly Cove and until 1795 Nootka
Sound was the commercial centre of the Pacific Northwest. A dispute over the area nearly
brought Spain and Britain to war. With the signing of the Nootka Convention in 1790, British
trade in the area expanded, and Spanish influence was curtailed.

Russia continued to
dominate trade in the Alaska area. In 1792, a Spanish expedition with Captain Galiano in the Mexicana and Captain Valdes in
the Sutil, and a British expedition lead by Captain George Vancouver in the Discovery and
the armed tender Chatham, each unaware of the other, met near Point Grey off Vancouver. Although Britain and Spain were near war, the two expeditions worked closely together for
three weeks to explore much of Georgia Strait and the Discovery Islands, and then sailed
for Nootka Sound to discuss ownership of the newly charted areas. Spain’s influence
Professional Reference Manual V3.3 Chapter 1: Historical Background - 1
continued to decline, and she abandoned Neah Bay in 1792 and dismantled Nootka in 1795.

Captains Provost, Richards, and Pender further charted the coast, while famous explorers
and geographers, Alexander MacKenzie (1793), Simon Fraser (1808), and David Thompson
(1812) contributed to the early mapping of B.C. 's interior rivers. Thompson was a pupil of
the first official surveyor of the Hudson's Bay Company, Philip Turnor. In 1851, Mr. J.D. Pemberton was appointed Colonial Surveyor for the Colony of Vancouver
Island, and in 1859 became Surveyor General for the Colony of Vancouver Island, followed
by B.W. Pearse in 1864. In 1859, Colonel R.C. Moody was appointed Chief Commissioner and
Surveyor General for the B.C. Mainland Colony. In 1864, J.W. Trutch was appointed Surveyor
General for the B.C. Mainland Colony, and after unification in 1866, became Surveyor General
for the B.C. (United) Colony.

Following federation with Canada in 1871, Mr. B.W. Pearse was
appointed the first Surveyor General of the Province of British Columbia. Prior to 1891, the Chief Commissioner of Lands and Works or the Surveyor General
authorized surveyors to practice by appointment. There were 144 Members noted in this
LS (Land Surveyor) Group. In 1891, the B.C. Legislature passed the first Land Surveyors Act,
whereby a Board of Examiners was appointed by the Lieutenant Governor in Council. This
Board, under the direction of the Surveyor General, was responsible for examining new
surveyors, and a total of 85 Members received their PLS (Provincial Land Surveyor)
commission between 1891 and 1905.

In 1905, the Corporation of Land Surveyors of the
Province of British Columbia was incorporated by an act of the Legislature, wherein the
Board of Management was given authority to examine candidates for admission as articled
pupils and as commissioned Land Surveyors. On its’ 100th anniversary in January 2005, the
Corporation was renamed the Association of British Columbia Land Surveyors. The early land surveyors, because of the nature of their work, have always been closely
identified with B.C.’s history. The names mentioned above are but a few of those
mentioned in the early history of the province. For interested readers, the following publications may be relevant:
• B.C. Chronicles Volumes I & II. C.P.V. & H.B. Akrigg, Discovery Press 1975
• B.C. Coast Names. Captain J.T.

Walbran, Reprinted 1971, J.J. Douglas 1971
• Sir Alexander Mackenzie, Letters & Journals. Ed. W. Kaye Lambe, Hakluyt Soc. 1970
• Simon Fraser, Letters & Journals. Ed. W. Kaye Lambe, MacMillan, 1960
• David Thompson, Journals. Ed. J.B. Tyrell, Champlain Soc. 1916
• Mapping The Frontier. Charles Wilson’s diary, 49th Parallel Survey
• Ed. G.F.G. Stanley, MacMillan, 1970
• Captain George Vancouver’s Voyages of Discovery (4 volumes)
• Ed. W. Kaye Lambe, Hakluyt Soc.

1984
• The Nootka Connection - The Northwest Coast 1790-1795
• Derek Pethick, 1980
Professional Reference Manual V3.3 Chapter 1: Historical Background - 2
Chapter 2 - Deleted
Removed and placed in Notice to Reader – October 28, 2010
Professional Reference Manual V3.3 Chapter 2: Deleted - 1
Chapter 3 - Association of BC Land Surveyors Information
Part 1: Professional Body
The Association of BC Land Surveyors (Association) is a self-governing, professional regulatory body
charged with protecting the public interest by regulating the practice of land surveying. The Association
is governed by the Board of Management, which presently consists of ten members. In addition to the
Past President, Surveyor General, Secretary, and the two members appointed by the Lieutenant Governor
in Council, there are six elected members.

The Vice President and four members-at-large are elected by
the members for 2 years. The Vice President serves as President in the second year. The Association is sanctioned under the Land Surveyors Act R.S.B.C. Chapter 248 and is governed by the
Act and the Bylaws of the Association. Following the Provincial Land Surveyors Act of 1891, the Land
Surveyors Act was enacted in 1905, and was amended/revised in 1936, 1970, 1979, 1992, 1996, 1998,
2002 and 2004.

The Association of British Columbia Land Surveyors
301 – 2400 Bevan Avenue
Sidney, British Columbia V8L 1W1
T: (250) 655-7222
F: (250) 655-7223 Toll Free: 1-800-332-1193
office@abcls.ca www.abcls.ca
Part 2: British Columbia Land Surveyors Foundation
The BC Land Surveyors Foundation is a charitable trust registered with Revenue Canada and administered
by the Association. The Foundation provides various awards and scholarships and has directorship of the
Anna Papove Memorial Library, which maintains over 1000 historical documents and publications relating
to survey history, research papers, textbooks, and survey background. This library is an excellent source
for survey related material. An index of the ABCLS library can be found here: https://www.abcls.ca/page/programs-and-initiatives
The BC Land Surveyors Anna Papove Memorial Library Trust was established on January 30, 1989.

Anna Papove was the wife of Bill Papove, Sr., British Columbia Land Surveyor No. 266 and he donated a
sum of money in his wife’s name to start the library. Bill is remembered as saying that he wanted to do
something to perpetuate his wife’s name because she was both parents to his children because he was
working out of town so much. Initially, it was simply a Library for the storage of books and other written material that might be of help
to land surveyors and students, but it soon evolved into the Foundation we know today where monies
are raised and distributed for scholarships and bursaries, to assist surveying students achieve their goals.

In November 1991, the Trust was renamed The BC Land Surveyors Foundation and it was to administer
both the scholarships and bursaries and the Anna Papove Memorial Library. Professional Reference Manual V3.3 Chapter 3: Association of BC Land Surveyors Information - 1
Funds, through various donations and fund-raising activities gathered throughout the year, are allocated
to the different scholarships and bursaries, and from time-to-time new scholarships and bursaries are
introduced. As of the writing of this article (April 2018) the Foundation offers eight annual scholarships
or bursaries to students at BCIT, the University of Calgary and the University of New Brunswick.

More
information on the Foundation can be found here:
https://www.abcls.ca/page/bcls-foundation-scholarships---bursaries
Part 3: Publications Available from the Association
Available publications include:
• Annual Report
• Nominal Roll
• ABCLS Strategic Plan
• Link magazine
• Land Surveyor in Training Handbook
• Land Surveyor Associate Handbook
• Articling Handbook
• Brochures
• Complaints Procedures
• Good Fences Make Good Neighbours
• Information for High School Students
• Information for Post Secondary Students
• Services Provided by BC Land Surveyors
• Building Location Surveys & Title Insurance
• Where is my Property Corner? • Information for Local Government Officials
• Case law summaries
These and other publications are available on the Association website or in the B.C. Land Surveyors
Foundation (Anna Papove Memorial Library).

Professional Reference Manual V3.3 Chapter 3: Association of BC Land Surveyors Information - 2
Chapter 4 - Definitions
In this Professional Reference Manual, the following definitions will apply:
“Association” means the Association of British Columbia Land Surveyors
“Board” means the Board of Management of the Association
“British Columbia Land Surveyor” or “BCLS” or “land surveyor” means a practising land surveyor as
defined in the Land Surveyors Act
“building location certificate” means a plan prepared by a British Columbia Land Surveyor which
certifies the location of certain improvements relative to parcel
“cadastral survey records” means field notes, photographs, digital files, plans, sketches, reports,
affidavits, and other information used in the definition or re-
definition of boundaries.

This shall not be interpreted to include any
information deemed to be confidential under Chapter 5 – Part 3
“client" means a person, company or agency who has engaged a British
Columbia Land Surveyor to perform land surveying services
“GSI” means the former General Survey Instruction Regulation issued by
the Surveyor General
“GSIR” means the former General Survey Instruction Rules as administered
by the Association
“plan” means any drawing, sketch, or survey plan prepared by, or under the
supervision of, a British Columbia Land Surveyor
“practice of land surveying” (quoted from the Land Surveyors Act) means
(a) the measurement of land or airspace to:
(i) determine, locate, define, describe, establish, or re-
establish boundaries; or
(ii) determine the location of any natural or artificial feature
on land or in airspace relative to a boundary for the
purpose of certifying in writing the location of the natural
or artificial feature,
and without limiting subparagraphs (i) and (ii), may include:
(iii) integrating any monument that defines a boundary, either
directly or indirectly, with a network of geodetic points of
any order of precision and determining coordinate values
for the monument when those values are used in the
development or maintenance of a geographic information
Professional Reference Manual V3.3 Chapter 4: Definitions - 1
system that will be used in whole or in part for determining
or establishing boundaries;
(iv) establishing control points for the purpose of carrying out
the activities in subparagraphs (i) to (iii);
(v) preparing maps, plans, and documents in any format with
respect to determining or establishing boundaries, and
(vi) giving advice with respect to land surveying, determining,
and establishing boundaries and spatial relationships and
the rules and regulations pertaining to land surveying, and
(b) advising on, reporting on or supervising any of the activities
listed in paragraph (a);
“report” means any report, document, letter, or correspondence prepared
by, or under the supervision of, a British Columbia Land Surveyor
“regulation” means any regulation issued pursuant to provincial or federal statute
“Rules” means any instruction included in the Survey and Plan Rules (SPR)
Professional Reference Manual V3.3 Chapter 4: Definitions - 2
Chapter 5 - The Code of Ethics
The ABCLS has developed this Code of Ethics as part of its ongoing commitment to continuous
improvement, and in following its vision to fulfill its public trust as a progressive and accountable
profession.

The purpose of the Code is to give general statements and guidance on the principles of ethical conduct,
to assist members in fulfilling their duties to all stakeholders in a transparent manner. The Code is shown in Bold with subheadings to expand on the general statements. These subheadings are
not part of the Code but a commentary to expand on the concepts of the Code. Many ethical guidelines are established in the Association Bylaws. In particular, BCLS’s should be familiar
with Part E and F of the Bylaws. The ideals of ethical professional conduct require that all members shall:
1. Exercise professional integrity in the conduct of every survey and expression of independent
professional judgment.

A BCLS shall make a commitment to attain and practise high ethical standards in all professional
decisions. A BCLS who acts with high ethical standards is less likely to be open to suggestions of
misconduct. A presentation at the 2015 AGM by John Burton, PhD entitled “Ethics on the Ground” offers a good
primer on this topic. 2. Provide services in a completely unbiased manner to ensure that the interests of a client do not
take precedence over the interests of society as a whole. Every BCLS has an obligation to serve
the cadastre and society before the interests of the client. A British Columbia Land Surveyor shall honour and maintain the integrity of the survey structure
upon which the profession of land surveying is based.

A BCLS should not prepare a plan that they have reason to believe will be used in contravention of
a statute, regulation, bylaw, or policy enacted by any level of government. 3. Regard as confidential any information obtained as to the affairs of the client; to be disclosed to
any others only as directed, or required, for the completion of the client’s work. Duty of
confidentiality shall extend to all staff and students with access to such information; and shall
persist indefinitely unless or until the information becomes a public record. A BCLS should consider creating an employee confidentiality or non-disclosure agreement.

This may
be critical to protecting your information and gives notice to all of your staff that they have a serious
and ongoing duty of confidentiality to the company. Professional Reference Manual V3.3 Chapter 5: The Code of Ethics - 1
4. Inform a prospective client or employer of any business connection, affiliation, interest, or
involvement that may influence, or appear to influence, the member’s judgement or impair the
quality of service, or the ability to carry out all professional responsibilities and obligations in an
impartial and objective manner. Such an engagement may only be undertaken with the client’s
express consent.

When working for, or considering working for, different clients who could have conflicting interests,
a BCLS shall fully explain to all parties the possible implications of common representation. A BCLS
shall only continue working, or accept work, where all parties agree to the arrangement and the
BCLS can confidently carry out all responsibilities and obligations in an impartial and objective
manner without having an adverse effect on any client. When a BCLS feels all responsibilities and
obligations cannot be carried out in an impartial and objective manner, the BCLS shall recommend
that any party who may be adversely affected should retain another land surveyor. 5.

Only accept a retainer or undertake an assignment if they have the ability, resources, and staff to
carry out such assignment or is able to obtain same prior to commencement in order to complete
in a timely and professional manner. a) A BCLS can recommend that the client engage the services of other professionals or seek
expert advice to resolve issues that may be outside the sphere of land surveying, or the areas
of expertise of the BCLS. b) A BCLS shall not accept work that is beyond the BCLS's particular area of expertise unless the
BCLS expects in good faith to become competent in that area within a reasonable time frame
that would not result in any undue delay or expense to a client.

c) When preparing any estimate or quotation of fees, a BCLS should clearly outline the scope of
services offered and should refer to conditions that may reasonably arise and which could
contribute to additional costs to the client. d) A BCLS shall charge fees that will enable completion of the project and satisfaction of
professional responsibilities and obligations. A BCLS shall not charge a fee that is so
unreasonably high it could lead to the profession being brought into disrepute, nor shall fees
be charged that are so unreasonably low they could lead to a diminishing of the standard
practice.

e) A BCLS should not divide a fee for services with another land surveyor who is not a partner or
associate of the BCLS's firm unless:
(i) the client agrees to the engagement of an additional surveyor. (ii) the fee division is proportional to the respective services performed. (iii) the total fee does not exceed reasonable compensation for all services provided to the
client. Professional Reference Manual V3.3 Chapter 5: The Code of Ethics - 2
6. Remain technologically and professionally current with all matters that affect their practice.

a) A BCLS accepts the responsibility to be aware of, and develop an understanding of all pertinent
legislative and regulatory matters, including but not limited to; Association notifications,
bylaws, Survey and Plan Rules, the Professional Reference Manual, provincial and federal
legislation, local bylaws, case law and common law. b) A BCLS should participate in the affairs of the Association and should continually advance their
knowledge and understanding of the Association by doing so. c) A BCLS shall strive to determine best practices by reviewing the Professional Reference
Manual, survey textbooks, publications, and other sources. 7. Conduct their professional and personal affairs in a manner that will maintain and enhance the
public’s trust and confidence in the Member and the Profession.

a) A BCLS shall not make any derogatory statements of another land surveyor in order to secure
work and shall protect the reputation of the profession of land surveying at all times. b) A BCLS shall not solicit work by offering payment, or a commission, to anyone for the securing
of the work, including payment to a third party for recommendations, or payment to an agent
where the agent intends to charge a higher price that would result in someone paying more
for a survey than the BCLS receives. c) A BCLS shall not attempt to improperly influence any public body or official, and shall not state
or imply such influence to anyone.

d) A BCLS shall respond promptly to any communication from the Association, a committee of the
Association, or another land surveyor, and shall document the communication and the reply. e) A BCLS who believes that the existence of, or lack of, any Association bylaw, regulation, act of
parliament, act of legislature or local bylaw causes or contributes to an unfair or improper
result to the legal survey system, the profession of land surveying, or the public, should
endeavour to seek appropriate changes. f) A BCLS should report any instances of unqualified persons practising, or attempting to practice,
land surveying to the Association Office.

g) A BCLS who has the opportunity to place professional articles in publications or speak at
seminars, lectures or civic affairs should confine comments to those of public information,
education and promotion of the profession of land surveying rather than those of personal
promotion. h) A BCLS should consider entering into a written contract with all clients, which outlines the
services to be provided and the terms for professional fee compensation. This will provide a
basis of understanding for both parties and help to minimize disputes.

An excellent resource is Contracting Surveying Services, published by the Canadian Council of
Land Surveyors in 1995.
https://www.psc-gpc.ca/wp-content/uploads/2016/09/CONTRACTING-FOR-SURVEYING-
SERVICES-MANUAL-RevJan-15.pdf
Professional Reference Manual V3.3 Chapter 5: The Code of Ethics - 3
i) A BCLS should keep a client reasonably informed on all aspects of a project, in particular, when
issues arise that were not anticipated and could lead to a change in the services agreed to or
the fees being charged. j) A BCLS should respond promptly to any communication received from a client and shall
document the communication and the reply. k) A BCLS should discuss disputes over fees or other matters with a client in an open and amicable
atmosphere.

When an intractable dispute arises with a client, the BCLS should inform the client
of the complaint procedures available to the client through the Association. 8. Consider the protection of the natural environment, and the safety, health and welfare of the
public and the workplace. A BCLS should implement a Health and Safety Program to ensure that the well-being of the public,
the environment and his or her employees are a priority in the course of all business operations. The program should implement policies that meet or exceed any relevant legislative or regulatory
requirements and should be comparable in scope to similar programs that are considered industry
standard. 9.

Undertake sufficient direct personal supervision and review of any work issued under their name
to assure it meets all professional standards. A BCLS is responsible and liable for the authorized actions of his or her staff as they contribute to
the product being delivered. In order to mitigate the exposure to risk, a BCLS should ensure that
the training and experience of his or her staff is appropriate for the level of responsibility that they
are afforded. A well-defined training and mentorship program can help ensure that personnel
develop;
a) A good understanding of the tasks they perform
b) How to avoid making errors that could expose the BCLS to risk
c) How to interact with the public and clients in a thoughtful manner. 10.

In communication, give credit where it is due and accept, as well as give, honest and fair
professional comment. a) A BCLS should attempt to liaise and communicate with fellow land surveyors to create an
information, and support. b) In the event of a conflict or difference of opinion arising from the work of another land
surveyor, the BCLS shall make every effort to contact the other land surveyor with a view to
reaching a mutually agreeable resolution of the conflict prior to completion of the survey and
plans.

If the BCLS believes the conflict arises from either incompetence, misconduct, or
disregard of standard practice on the part of the other land surveyor, the matter should be
referred to the Association Secretary in writing. Professional Reference Manual V3.3 Chapter 5: The Code of Ethics - 4
Chapter 6 - Documentation and Office Records
Part 1 – Research
1) Introduction
By reason of the duties imposed, a British Columbia Land Surveyor’s obligation is firstly to the public,
and secondly to the client. A land surveyor’s duties as a public officer include, among other things,
searching for evidence, finding it, evaluating it, weighing it and, eventually, applying it. The land
surveyor must determine the relevance of evidence found, and whether such evidence is admissible.

Admissible evidence is, usually, any evidence relevant to the matter under consideration. Although
the rule against hearsay evidence must be observed, it should be noted that public documents are
typically accepted. (see Anticknap vs. Scott, B.C. Court of Appeal, 1914 for an example of how a judge
regards a Land Surveyor’s hearsay evidence). A land surveyor's plan is only a statement of opinions, which may be subject to objections from those
holding contrary views, and the land surveyor must, therefore, in performing survey duties, utilize
rules of conduct with the degree of care equivalent to preparation for trial. The land surveyor's work
must meet the burden of proof required by the common law standard of evidence supporting, on the
balance of probabilities, the land surveyor's opinions.

The land surveyor's assembly of evidence
should, ideally, be so organized that a written report could readily be prepared to justify those
opinions. Other parties unknown to the land surveyor will, almost without exception, rely upon the
land surveyor's work. The research must therefore be adequate to satisfy possible liability for breach
of duty of care, in contract, and in tort. The research should also enhance the land surveyor’s stature
as an expert witness. Evidence has been defined, in the legal sense, as all the means by which any alleged matter of fact,
the truth of which is submitted to investigation, is established or disproved.

For the land surveyor,
evidence, in practically all the various forms in which it may exist, is both the raw material, and the
end product of the processes of land surveys. Evidence can be primary or secondary. Primary evidence yields the greatest certainty of the matter
under consideration. Secondary evidence, sometimes referred to as indirect evidence, is not usually
conclusive as to the matter under consideration, but becomes admissible when the primary evidence
needed is not available. Parol evidence (verbal or spoken) is classified as secondary evidence. Evidence can be testimonial, mathematical, circumstantial, direct or real. Original documents usually
are proven by their appearance in documentary evidence.

Documents are classified as real evidence,
and this paper's purpose is to give attention to the land surveyor's obligation to search for
documentary evidence. The rule of law generally provides that the original of a document is best
proof of itself, but copies can be accepted, subject to certain rules. Professional Reference Manual V3.3 Chapter 6: Documentation and Office Records - 1
2) Sources of Documentary Evidence
(a) Land Title Offices – Kamloops, New Westminster and Victoria
For any survey of land held under title or otherwise of registered record, the Land Title Offices
are the prime sources of plans, titles and documents. There have been many changes to the
methods of recording these since the first Land Registry Act was passed in 1861.

Registration was first effected by filing of the deeds and the entry of key data from them in bound
Absolute Fees Books (AFBs). The entries in the AFBs formed the actual titles, though duplicate
titles were issued. Parcel descriptions extracted from the deeds were entered in bound Absolute
Fees Parcels Books (AFPBs) and special agreements were entered in the Special Agreements
Books. Charges were entered in Charge Books (CBs). These books and filed Deeds Deposited (DDs)
still exist and are a vital source of evidence for chains of title going back to the early days. Subdivision plans registered under the AFB system were given effect serially by the issuance of
title as transfers occurred, not upon deposit of the subdivision plan.

The Absolute Fee style of registration evolved gradually into the Indefeasible Fee style which still
saw the filing of the DDs and the entry of key data in bound Indefeasible Fees Books (IFBs). The
IFB system was followed by a system of index volumes, filing of DDs and separate volumes of
certificates of title, with the same serial numbers applied to both DDs and titles. Most, but not
all, of the DDs of this system have been microfilmed. Cancelled titles, Documents Filed (DFs), and
plans have been microfilmed. Recent computerization of DDs and titles essentially follows the principles of the IFB system. Deposited plans are now mainly registered in one series in each Land Title Office.

However, due
to earlier numbering systems and recent amalgamations, most Land Title Offices contain more
than one series of plans. Each Land Title Office numbering system is unique, and land surveyors
are advised to consult Land Title Office staff when unsure of the plan numbering system. Most plans and some documents are available online (for a fee) at: www.ltsa.ca. (b) Land Title and Survey Authority of British Columbia, Surveyor General Division
(SGD), Records and Distribution Services (RDS), Victoria
The registry, retained in the Office of the Surveyor General, maintains Official plans and original
field notes of the surveys of all primary parcels in the province.

These include:
(i) the original field notes and Official plans for:
1. parcels surveyed for the Hudson Bay Company and the Colonies of Vancouver Island
& Mainland British Columbia. 2. primary parcels surveyed under provincial jurisdiction. 3. parcels surveyed under federal jurisdiction which lie within the Railway Belt and the
Peace River Block. 4. original surveys of land within the Esquimalt & Nanaimo Railway Grant. Professional Reference Manual V3.3 Chapter 6: Documentation and Office Records - 2
5. external surveys and cut off lands of all Indian Reserves in the province. 6. foreshore lots on provincial lands and lands under the jurisdiction of Fraser Harbour
Commission and the North Fraser Harbour Commission. 7. legal surveys of mineral claims.

(ii) plans and records for:
1. petroleum and natural gas wellsite plans. 2. right of way plans on Crown land. 3. Dominion Township plans. (iii) original Crown grant documents for:
1. primary parcels granted by the Hudson Bay Company and the Colonies of Vancouver
Island & Mainland British Columbia. 2. primary parcels granted by the province. 3. Fiats for Patent of federal dispositions within the Railway Belt and the Peace River
Block. (iv) The Online Cadastre (http://maps.gov.bc.ca/ess/sv/olc) is a versatile planning tool every
surveyor should be familiar with. It is a “drill-down” GIS of the Province, showing primary
parcels, roads, watercourses, contours, ortho-rectified aerial photography overlays, etc. The Online Cadastre is maintained by the Surveyor General Division.

On many subsequent subdivision plans, creeks and trails, which are shown on the original sketches,
have been missed. Therefore it shall be considered good practice to obtain copies of the original grant
sketches prior to preparation of a subdivision. 3) Provincial Archives, Victoria / Federal Archives, Ottawa
These archives contain a variety of old field notes, plans, sketches, photos, and documents which
affect land tenure. See http://royalbcmuseum.bc.ca/bcarchives/
4) Mineral Titles Branch
Any survey of any mineral, placer, or coal interests shall start here. These offices retain locators’
affidavits for mineral, placer, and coal tenures. Some plans of survey are also on record. • Ministry of Energy, Mines and Petroleum Resources www.mtonline.gov.bc.ca
5) Petroleum Lands Branch
This office retains the records for petroleum and natural gas tenures.

Ministry of Energy, Mines and Petroleum Resources
http://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-
organizations/ministries/energy-and-mines
Professional Reference Manual V3.3 Chapter 6: Documentation and Office Records - 3
6) Transport Canada, Vancouver / Harbour Authorities
The Transport Canada office retains plans and documents relating to the federal harbours in the
province, some of which are not of record in the Land Title Offices. Some harbour authorities also
maintain survey records. • also see (2) above - Crown Land Registry. See www.tc.gc.ca
7) Law Libraries
These are maintained by the various universities having law faculties, in the various court houses, and
in most law offices. These libraries are the primary sources of statute and case law records.

Not all
cases heard are included in the reports and it is sometimes necessary to refer to the individual court
registry records for details of unreported cases. See www.courts.gov.bc.ca
8) Esquimalt and Nanaimo Railway
(a) E & N Railway Land Grants
These grants include most of the south-eastern portion of Vancouver Island; from Goldstream
Park to Campbell River, including as far west as Port Alberni, and include the sites of the major
cities and towns on Vancouver Island, except Victoria. The history of dealings with these grants
and the litigation which occurred has introduced many complexities into land titles based upon
them. A few of the complexities are:
i. ownership of gold and silver. ii. ownership of most (but not all) of the beds of lakes and streams.

iii. marine boundaries to natural boundary. iv. reservation of coal and other minerals and materials from grants to settlers. v. the interspersement of pre-emption, colonial grants, provincial Crown grants, and federal
Crown grants independent of the E & N grants in many areas. These matters are discussed
in detail in the CLRS booklet Crown Land Grants. The E & N Land Office, for many years, issued its own survey instructions, which differed in some
details from those issued by the Province. Marking and monumentation commonly followed
provincial instructions. Commencing about 1898 the section and District Lot system of parcel
description was dropped and a system of timber blocks numbered sequentially without regard to
Land District was adopted.

Directions of boundaries of blocks are usually (but not always) cardinal,
and lengths are usually (but not always) in multiples of 20 chains. Much research is often necessary when dealing with lands in the E & N grants. Professional Reference Manual V3.3 Chapter 6: Documentation and Office Records - 4
(b) E & N Railway Company Documents
E & N Railway land grant documents are usually on file in the Victoria Land Title Office.

Occasionally the original documents cannot be found, and further research for lands within the
railway right of way can be completed through written request to Canadian Pacific Railway in
Vancouver, or for other E & N lands, to Timberwest Forest II Co. Ltd.
• Surveyor General Division, Records and Distribution Services www.ltsa.ca
9) Land Surveyors’ Field Notes
Many of the old field notes of past practicing land surveyors are held in trust by the B.C. Land
Surveyors Foundation (Anna Papove Memorial Library) at the Association Office, by many active
survey firms, and other agencies, such as the Vancouver City Hall Survey Department. The Association
maintains a record of the holding agencies. They can be a useful source for information not available
elsewhere.

As well, do not hesitate to call or drop in on your fellow Land Surveyor. If you have a query
regarding a particular survey they did- ask them. Their answer may be the key to your problem and a
solution simpler than you may think. 10) Municipal Offices
These agencies usually house records created by special acts of the Legislature, and records of non-
registerable survey plans which relate to legal surveys within the municipal boundaries. The BCLS
must be cautious to ensure that municipal survey records contain the current Land Title Office
information. 11) Indian and Northern Affairs Canada, Vancouver
This office retains the records of most surveys of Indian Reserves in the province, some of which are
not on record in the Land Title Offices.

Also see (2) above - Crown Land Registry. See www.inac.gc.ca
12) Legal Survey Division, Natural Resources Canada, Vancouver
This office retains the records of surveys of Canada Lands in the province, many of which are not on
record in the Land Title Offices. Canada Lands survey plans are available free of charge at
http://clss.nrcan.gc.ca/advancedplansearch-rechercheplanavance-eng.php
13) Aerial Photography
Existing aerial photos may be useful in locating old improvements or natural boundaries, and are
available from:
(a) the B.C. air photo library at GeoBC in Victoria. See http://geobc.gov.bc.ca/base-mapping/imagery/index.html
(b) the UBC Department of Geography in Vancouver
(c) the National air photo library in Ottawa.

See www.airphotos.nrcan.gc.ca
(d) municipalities and regional districts
(e) private aerial photography companies
(f) many of the forestry and mining companies
Professional Reference Manual V3.3 Chapter 6: Documentation and Office Records - 5
14) Survey Manuals
(a) Dominion Land Surveyors "Manuals and Supplements”
Much of the Railway Belt and the Peace River Block was surveyed under Dominion legislation and
these volumes provide information on the systems of survey used. (b) Bulletin 38
“Description of Boundary Monuments Erected on Surveys of Dominion Lands 1871 - 1917". The various types of monuments used on DLS surveys are described in this bulletin. This bulletin
is an important aid in interpreting evidence found on DLS surveys. (c) Manual Respecting the Survey of Quartz Mining Claims in Dominion Lands.

This manual has limited application, being confined to mineral claims in the Railway Belt, and the
Peace River Block. (d) General Survey Instruction Rules to British Columbia Land Surveyors (GSIR). The Surveyor General Division has prepared a number of general instructions over the years. Although the types of monuments have evolved considerably from the first post-and-bearing-tree
type, a surveyor practising in 1879, when the first of these instructions were issued, would still
find much of the current instructions familiar to him. The Rules and Circular Letters are found on
the Surveyor General Division of the LTSA website:
https://ltsa.ca/practice-information/general-survey-instruction-rules
Transfer of responsibility for the Rules to the Association was completed in 2004.

The Survey
Rules Committee Policy outlines the process for accepting, reviewing, and processing changes to
the Survey and Plan Rules and may be accessed via the association's website under the Acts &
Rules section at the following address:
http://www.abcls.ca/wp-content/uploads/pdfs/SRC_Policy_V2.4.pdf
(e) Booklets Issued by Surveyor General Division, Records and Distribution Services
www.ltsa.ca
(i) Crown Lands: A History of Survey Systems. William A. Taylor, BCLS,. provides an extensive
history of the development of the various survey systems within the province. (ii) Crown Land Grants. William A. Taylor, BCLS, provides a history of the Esquimalt & Nanaimo
Railway Land Grant, the Railway Belt, and the Peace River Block.

Professional Reference Manual V3.3 Chapter 6: Documentation and Office Records - 6
(f) Spiral Tables
Several types of spiral transition works have been used on the railways and highways of the
province, and terminal replacement curves have not always been used. Reference to the
appropriate tables is essential in dealing with these. Booklets include:
(i) Transition Curves for Highways by Joseph Barnett
(ii) Transition and Terminal Curves by Cyril Jones
(iii) PGE (BC Rail) instructions for Sullivan’s Spirals by J.B. Salmon, BCLS
Most of the documents, manuals, and bulletins noted above are on file in the B.C. Land Surveyors
Foundation (Anna Papove Memorial Library) at the Association office. 15) Self-Governing Bodies
Other plans and documents pertaining to surveys within self-government boundaries can be found.

For example, the Nisga’a Lisims Government in Aiyansh has its own Land Title Office. 16) Ministry of Transportation and Infrastructure
The Ministry of Transportation & Infrastructure keeps and maintains all records pertaining to Crown-
owned transportation systems, including road survey or closure plans, Gazette notices, road registers,
railway registers, aerial photography and subdivision plans. They should also be able to identify all
transportation systems created under s.4, Highway Act. This ministry is also responsible for the
deposit of Form 12 to the Land Title Office, whereby Statutory Rights of Way for road are dedicated
and excepted from title. Currently, the Provincial Approving Officer works under the wing of this
ministry.

The website for this ministry, found through links in the main government site: www.gov.bc.ca
includes little survey information, however the “roadcam” may be of some value, showing up-to-date
digital images of various roads across the province. For Gazette notices and plans, contact your local office, or phone 250 356 2408, in Victoria. Many other valuable links can be found on the Association website: www.abcls.ca
Part 2 – Documentation
Legal surveys require thorough research to obtain all the necessary information to carry out the required
work in a professional manner. 1) BCLS Research
When conducting a survey, each BCLS should research and obtain:
(a) a current copy of the certificate of title for each parcel of land being surveyed.

(b) a copy of all pertinent plans for each parcel of land being surveyed where there is a reasonable
likelihood the plans will have an influence on the survey being conducted. Care should be taken
Professional Reference Manual V3.3 Chapter 6: Documentation and Office Records - 7
to ensure that plans obtained from alternate sources contain current Land Title Office
information. (c) plans for adjacent properties where they are necessary to define or re-define boundaries. (d) copies of registered encumbrances against the parcel under survey, or against adjacent parcels
where there is a reasonable likelihood the charge will have an influence on the survey being
conducted. (e) a current copy of the certificate of title for adjacent properties, as necessary.

(f) a copy of the original Crown Grant, and the original Crown Grant Sketch. This may be
particularly important where there are creeks, trails and roads crossing the property, since
many subsequent subdivision plans have failed to properly show the status of these features. 2) Documenting and Retaining Project Records
Information with respect to a project should be documented and retained, or copied, as a permanent
record of that project, and may include, but not be limited to, the following:
(a) cadastral survey records. (b) reports on all searches for evidence or documentation whether found or not. (c) plans obtained. (d) plans issued. (e) sketches or calculation sheets of decisions relating to boundary definitions or re-definitions. (f) written decisions relating to boundary definitions or re-definitions.

(g) copies of certificates of title. (h) copies of registered charges. (i) correspondence to and from the client. (j) pertinent conversations with the client. (k) correspondence to and from the various agencies and individuals who may be contacted, or
make contact, during the course of the project. (l) conversations with various agencies and individuals who may be contacted, or make contact,
during the course of the project. (m) contracts entered into with clients.

Professional Reference Manual V3.3 Chapter 6: Documentation and Office Records - 8
Part 3 – Office Records
British Columbia Land Surveyors are empowered by society to be the caretakers of the orderly system of
cadastral surveys, and their main responsibilities and obligations must always lie in the protection of that
system, therefore:
1) Filing & Retrieval of Records
Each BCLS should consider implementing an orderly system of filing that will allow ready retrieval of
all the survey related information, obtained or issued, with respect to a practice. This information should be cross-referenced in a manner that will enable the BCLS to easily retrieve
complete records when provided with only partial details. e.g. legal description, civic address, client
name, or file number.

2) Availability of Records
Each BCLS should ensure that cadastral survey records are made available to other land surveyors for
use in the definition or re-definition of boundaries. 3) Currency of Records
Each BCLS should ensure that there is a procedure to access current information relating to the
practice of land surveying. Current information should include, but not be limited to, the following:
(a) Association bylaws and Rules. (b) circular letters and dialogues from the Office of the Surveyor General. (c) circular letters from the Association. (d) provincial and federal statutes and regulations. (e) local bylaws. (f) practice advisory bulletins from the Association, and Land Title Offices.

4) Longevity of Records
Each BCLS should make provisions for documentation, office records and cadastral survey records to
be passed on to another BCLS in the event of retirement or death. Each BCLS should notify the
Association of the provisions made. Professional Reference Manual V3.3 Chapter 6: Documentation and Office Records - 9
Chapter 7 – Field Work
Field Procedures
The purpose of this Part is to clarify the principles behind day-to-day professional survey practice. This is not intended as a textbook on field surveys nor a detailed procedural manual, but as a
statement of the principles and objectives of professional survey field practice. Detailed field methods
are given as examples of the underlying principles.

The objectives of good field practice may be summarized as:
a) the proper searching for, and evaluation of, survey evidence, and the recording of these findings. b) the elimination of gross errors and blunders. c) the creation of a complete record of the field survey. Achievement of these objectives is facilitated by the development of a rigorous, methodical survey
procedure which is followed by the land surveyor and staff. The creation and implementation of such
procedures is, in itself, a superb exercise in quality control and assists in the training and supervision
of staff. The procedure should be documented, reviewed, and updated from time to time, and be
rigorously followed. The procedure and its techniques should be tested to ensure that the desired
results are achieved.

As a supplement to this chapter, a photo collection of survey evidence found in the field has been
assembled in a separate PRM document entitled “Photo Library”. This document can be found on the
ABCLS website, adjacent to the link for the PRM document. 2) Searching for Evidence
The land surveyor will need to obtain all registered plans for the subject area and may need the Official
Plan and field notes of underlying primary parcels. The land surveyor is also obligated to search for all
other relevant records, (see Chapter 6 for a discussion on the source of records). Searching for and finding evidence of existing corners and boundaries is one of the primary
professional duties of land surveyors, and the search must be exhaustive.

The land surveyor needs to
review in detail the sufficiency and reliability of evidence found on every project. Land surveyors are responsible for the proper supervision of staff on every survey. The level of
supervision may depend on the complexity of the project and the experience of the staff. That said,
one of the most critical times for a land surveyor to be on site is during the search for survey evidence. A shovel is a necessary tool in searches for old monuments. In addition to original monuments,
monuments subsequently set need to be searched for and if found, tied. Reference monuments,
bearing trees, stumps of suspected bearing trees, old blazes, cuttings, stone mounds, and other
ancillary evidence need to be searched for and if found, tied.

Professional Reference Manual V3.3 Chapter 7: Field Work - 1
In the absence of original (or subsequently set) corner posts and in the absence of ancillary evidence,
limits of occupation that can be directly or indirectly related to the date of the original survey provide
evidence of the location of boundaries. If undisturbed original monuments cannot be found, it will be necessary to rebuild the survey
structure in accordance with the established principles of the hierarchy of evidence. And even if
undisturbed original monuments are found other evidence is useful to confirm that the monuments
found are in their original location.

Board Advisory 2013-1 (found in the Practice Resources area of the ABCLS website) serves to remind
members of the importance of searching for all the pertinent survey evidence and properly applying
the hierarchy of evidence when carrying out surveys and is reproduced in full at the end of this part. Part of the Notice is copied below:
To properly apply the hierarchy of evidence all evidence adjacent to the survey must be tied and
considered in the determination of boundaries. • The best way to ensure you are looking in the correct area for old monumentation is to survey
from known points; start with the known and work to the unknown. A pre-calculation of existing
plans is often helpful as is deriving search coordinates from ParcelMap BC.

However, the land
surveyor needs to ensure that the search area is large enough to account for possible
discrepancies in the original survey and imprecision in the map source. • Be sure to determine the condition of monuments found. Have they possibly been disturbed? • Sometimes it will appear that the top of a post has been mangled and moved by machinery. A
careful excavation might reveal that the base of the post appears undisturbed. In such instances,
it is good practice to tie both the top and the base of the monument. It may in fact be that the
top of the post has been disturbed and that the base remains in its original position.

But it might
be that the monument was set with a bent top. Analysis back in the office will likely reveal what
happened, and which, the bent top or the straight base provides the best evidence. • In the search for evidence do not overlook the possibility that people familiar with the area may
have some useful knowledge of boundary location. For example, a person who has lived in an
area for a long time may be aware of the location of a fence line that is today long since rotted
and disappeared. Such evidence must be recorded and attested to by the person. This record
forms part of the overall record of the project.

• All searches, whether successful or not, need to be recorded in the field notes. • Taking photographs and videos of survey evidence is good practice. These records will form part
of the survey record. When searching for evidence land surveyors should keep in mind the
principles provided in Board Advisory 2013-1, copied in full. Professional Reference Manual V3.3 Chapter 7: Field Work - 2
Board Advisory 2013-1
Date: 2013-08-13
In May 2013, the Board of Management (Board) held a hearing that revealed a practice
of carrying out re-posting surveys within the Greater Vancouver area where that member
was re-establishing property boundaries and corners in a manner that did not
appropriately respect the hierarchy of evidence.

The Board is concerned that others may be following this same pattern and therefore is
issuing this Advisory to all members to ensure that this practice in this or other areas of
the province is not perpetuated. To properly apply the hierarchy of evidence all evidence adjacent to the survey must be
tied and considered in the determination of boundaries. The plan prepared should clearly
reflect what evidence has been tied and considered in the boundary resolution. The plan
should also show survey monuments that were searched for and not found. Witness and
reference plugs may be used in the resolution but should not be solely relied upon as the
only evidence to re-establish the boundaries and corners.

The field notes should be clear
and concise and include information relating to all survey evidence, found, and not found,
in addition to angles and measurements. In addition, land surveyors must not overlook evidence previously set at any corner and
should not set a new monument within the same vicinity of evidence previously set. In
other words, land surveyors must not set additional monuments at a lot corner creating
a situation where two monuments or more may exist to represent a given property
corner. The land surveying profession is charged with the protection of the public and the
cadastre.

That can only be attained when complete research is undertaken, all
monuments are located and considered, and the land surveyor has ensured that the
boundary resolution is the best fit to the existing fabric as well as the existing
improvements. This notice must be adhered to by all land surveyors in BC and not just be a notice to land
surveyors in the Greater Vancouver area. Breach of this advisory may lead to charges of
unprofessional conduct and dealt with accordingly. The General Survey Instruction Rules and the Land Survey Act, as noted below, support
this good practice, and adherence to this good practice will help to build public trust.

General Survey Instruction Rule 10-2(3) states:
10-2(3) If evidence of the boundaries has been lost, the land surveyor must re-
establish the position of those boundaries in accordance with principles set
out in the Land Survey Act. Professional Reference Manual V3.3 Chapter 7: Field Work - 3
The Land Survey Act,

section 5 states:
If original post or monument cannot be found
5(1) If a land surveyor is employed to run a dividing line or limits between lots,
sections, or other legal subdivisions, and the original corner, mound, post, or
monument from which the line or limit should begin cannot be found, the land
surveyor must obtain the best evidence available respecting the line, limit,
corner, mound, post, or monument.

(2) If evidence of the original corner, mound, post, or monument cannot be satisfactorily
ascertained, the surveyor must measure the true distance between the nearest
undisputed corners, mounds, posts, or monuments and divide the distance into the
number of lots, sections, or other legal subdivisions, as contained in the original survey,
giving to each a breadth proportionate to that intended in the original survey, as shown
on the original plan of subdivision registered in the proper land title office or on the plan
and field notes of record in the office of the Surveyor General.

(3) If a portion of the township, range, or section line on which the corner, mound, post, or
monument was or should have been planted in the original survey is obliterated and lost
the surveyor must
(a) run a line, similar to that shown on the original plan and field notes, between the 2
nearest points or places where the line can be clearly and satisfactorily ascertained,
and
(b) plant all intermediate posts or monuments as necessary in the line ascertained,
giving the exact breadth to any allowance for a road or roads set out in the original
survey. (4) The corner or dividing line or limits found are the true corner or dividing line or limits of
the lot, section, or other legal subdivision.

(5) This section applies to all surveys, whether made by or at the instance of the
government, a municipality, or a private person. (6) All surveys that have been made in accordance with this section must be considered to
have been made in a legal manner, so far as the mode of procedure is concerned. It is suggested that land surveyors also remain familiar with Practice Advisory 2019 -01 which
addresses the subject of assessment and interpretation of survey evidence. The advice provided in PA
2019-01 is expanded upon in Chapter 8 which discusses the principles of boundary re-establishment. 3) Automated Survey Technologies
There have been rapid advances in surveying technologies in the last few years.

Many land surveyors
have access to 3D laser scanners, UAVs (unmanned aerial vehicles) or drones, robotic total stations,
and GNSS systems in performing their work. The ability to collect large amounts of data quickly and cost-effectively is a great advantage for the
client and surveyor. However, the surveyor must be aware of the appropriate checks and balances to
Professional Reference Manual V3.3 Chapter 7: Field Work - 4
confirm the reliability of their data. These technologies could lead the surveyor to have a false sense
of security or believe that if the tool answers, then the data is good. Proper field procedures must be employed to catch blunders or errors in order for the land surveyor
to have a sense of the reliability of their measurements.

Some of the risks associated with these
technologies include:
a) Data is omitted or inputted incorrectly in the software,
b) The user is unaware or unfamiliar with the software,
c) Hidden menus or outputs in the software can cause confusion,
d) The user is unaware of the technology’s limitations- for example, is GNSS the best tool in a thick
tree canopy? e) Appropriate checks are not done during the collection of data. These technologies evolve quickly. Users can sometimes be shown limited information about the
survey data during the course of their work. Being able to push the right buttons is no substitute for
proper field survey methods and training. The basic survey principles of checking all work and
achieving dependable results are essential when using these tools.

Whether using a conventional total station or modern survey technologies proper field survey
methods such as the following should be employed:
Recording of all survey information should be in electronic or hard copy field notes. a) Throughout the field process, the surveyor should be maintaining a diary of the job progression.

This diary should include where the base station or instrument was set up, point numbers of
backsights, foresight and side ties, redundant check shots, heights of an instrument, prisms or
receivers, or anything that would help illustrate what was performed in the survey,
b) Sketches should be made in the field to aid in the processing of the survey,
c) It should be clear in the field notes which survey posts were searched for, their calculated
positions, what was set, and the field position of posts set,
d) Raw data files must be archived and stored in an electronic form. Procedures should be in place
for editing raw files and keeping a copy in its unedited form.

Proper checks of the raw data file
and field notes should be done to check for errors and blunders in the data before processing.

If coordinate files are used, they should be checked against the final processed file,
e) The land surveyor must review the field and office procedures to confirm that the data is
complete, and the measurements are correct,
f) Field crews must be aware that there is no electronic substitute for proper field procedures,
g) If a coordinate file contains both theoretical and found positions, the party chief should remain
aware of this, and make it obvious in their notes what has been calculated, and what has been
surveyed,
h) When data collectors are used, the party chief should print out, or scan and save a digital copy,
of the raw data and coordinates.

Additionally, in today’s modern survey era, some firms use
Professional Reference Manual V3.3 Chapter 7: Field Work - 5
digital field notes (fillable PDFs) through iPads and tablets for all their project information. This
results in no paper copy records being associated with projects. Instead, everything is digitally
recorded. This is all done to ensure that there is a record of the survey notes and coordinates
before they are adjusted. The party chief now has an opportunity to make sure the notes make
sense, as well as indicate on the field notes any changes required before processing. A common
note might include the height of the instrument that had to be changed.

In addition, the party
chief should note any other information that does not appear in the raw data file. This would
include the names of the people in the survey party, the date, job number, and any other
information that would be shown on conventional field notes,
i) Office staff should check the diary against the raw data to confirm there are no inconsistencies. Where errors are discovered in the field, these should be carefully noted so that the data file
can be corrected before processing, and
j) The land surveyor must consider the output, the processes followed during the survey, and the
sources of the input to confirm that they are acceptable before blindly accepting the data.

It is considered good practice, when using automated survey technologies, to ensure the user is
involved and aware of the process the technology follows to come up with the final results. Through
this knowledge, the user will become aware of the benefits and limitations of the systems and how
to effectively use them. 4) GNSS Field Practice
The use of methodical procedures applies equally to GNSS surveys as it does to conventional surveys. Special emphasis must be placed on staff training and verification so that all components of the
measuring system are achieving the desired accuracies. Land surveyors should not carry out GNSS
surveys without a thorough understanding of principles and techniques.

Methodical GNSS field procedures include:
a) the heights of the antenna should be double measured by two independent measurements, or
by one measurement in feet and the other in metres. There are usually no field ties between
GNSS points to obtain closures and to check for gross errors, therefore an incorrect height of
antenna may be difficult to detect,
b) recording the make and model of the GNSS antenna and ensuring that the height of the antenna
is taken in the correct spot on the antenna.

The various antenna models have a specific point for
height measurement and the software program reduces the offset to the receiving plate height
based on the antenna model,
c) field notes and sketches of occupied points in static surveys, which clearly identify the point
occupied, obstructions, etc. “Guidelines for RTK/RTN GNSS Surveying in Canada" is an excellent and modern resource published
by Natural Resources Canada. This document makes several suggestions for quality assurance for RTK
surveys. The following suggestions are from this text and are shown here in an abridged format. Members are strongly encouraged to review the entire document.

Professional Reference Manual V3.3 Chapter 7: Field Work - 6
Guidelines for RTK/RTN GNSS Surveying in Canada:
https://www.nrcan.gc.ca/sites/www.nrcan.gc.ca/files/earthsciences/pdf/Canada%20RTK_UserGuide_v1_2-
EN.pdf
Additional Quality Assurance Procedures for RTK surveys
As with any measurement technique, repeated measurements are required for an accurate and
reliable solution. All points determined by RTK are single vectors radiating from the base (physical or
virtual) to the rover. Some quality control is required to check the reliability of the results. a) Time Window Averaging
Most receivers will allow the user to compute a mean position over a specified period (time
window averaging). Studies have shown significant benefits of time window averaging on the
precision of computed positions.

Control points should use a time window average of at least 1-
minute, topographic points at least 5 seconds, until the desired QC indicators are achieved. For
precise work such as control station establishment, longer time windows of up to 5 minutes
should be used. b) Re-Occupation
Time window averaging on its own is not enough to provide an accurate and reliable solution. For
important points, it will also be necessary to re-observe after a suitable time has passed and with
a new initialization (double windowing). To take advantage of changes to the satellite geometry
and atmospheric conditions, a window separation of 1-2 hours is recommended, however, a
separation of only 20 minutes has been shown to improve the coordinate accuracy by 10 – 20%.

A further advantage of double window averaging is that it can also detect human blunders (e.g.,
incorrect antenna heights). For control points, the minimum recommendation is two separate
time windowed observations with unique initializations and time separation of at least 20
minutes. c) Checks to Known Control
Another important aspect of a quality survey is determining the accuracy. The receiver QC values,
redundant measurements, and time window averaging are all useful in determining and
improving the precision of the survey. The accuracy of the survey will also need to be verified to
ensure there are no biases between the survey and the project reference system. The accuracy
of the survey can be determined by performing checks to well-known or accurately determined
points.

These ties to known points will also help to eliminate any human blunders. The
recommendation is to survey known points after initialization and compare the coordinates. The coordinate differences should be within the accuracy requirements of your survey. When
there is no local control available, it is recommended to establish control by running a static
session. These checkpoints should be surveyed as a minimum at the start and end of the survey,
and any time communications or initialization is lost. Since many equipment sets are continuously
checking the initialization and re-initializing it is important to check into known points as often as
practical.

Professional Reference Manual V3.3 Chapter 7: Field Work - 7
d) RTK Base Station Quality Control
When working with RTK, the user is responsible to verify not only the quality of the rover positions
but also the quality of the base station setup. The best check is to establish multiple base stations
and to alternately measure each rover point from each of these base stations. This verifies all
factors in the point determination: base station setup, base station (reference) coordinates, rover
setup, antenna heights, and GNSS measurements. This method ensures the highest confidence
but takes the longest to carry out. If this is not practical, then the quality control
recommendations listed above should be followed as a minimum.

NRCAN Terms of use
Information contained in this publication (Guidelines for RTK/RTN GNSS Surveying in Canada), or
product may be reproduced, in part or whole, and by any means, for personal or public non-
commercial purposes, without charge or further permission, unless otherwise specified. You are asked to:
a) exercise due diligence in ensuring the accuracy of the materials reproduced. b) indicate the complete title of the materials reproduced, and the name of the author organization;
and
c) indicate that the reproduction is a copy of an official work that is published by Natural Resources
Canada (NRCan) and that the reproduction has not been produced in affiliation with or with the
endorsement of, NRCan.

There was also a recommendation from NRCan that the following link be included in the NRCan
citation. Guidelines for RTK/RTN GNSS surveying in Canada. https://doi.org/10.4095/292856
5) Instrument Calibration, Condition, and Adjustment
A land surveyor’s reputation for technical expertise rests on the proficient use of specialized
equipment. This implies that the equipment used in the land surveyor’s practice be of sufficiently high
accuracy and be in good working order. All survey equipment must be checked, maintained, adjusted, and calibrated regularly in accordance
with Bylaw 18 and to meet the precision and accuracy requirements set out in the Survey and Plan
Rules (the Rules). a) Principles
All instruments should be validated in a manner that emulates the conditions of actual use.

Modern survey equipment may consist of many components; therefore, the validation should be
considered as a validation of the entire measurement process, including all auxiliary components,
techniques used by personnel, data recording systems, and data reduction methods. Land
surveyors are responsible for both the accuracy and the precision of their instruments. Thus, for
example, distance measuring devices should be compared to a known standard periodically, not
merely tested for internal consistency. Records of periodic calibration are part of good survey
practice and are required by the Association Bylaws. A land surveyor must be able to demonstrate
that their equipment is operating correctly and measuring accurately against a known standard.

Professional Reference Manual V3.3 Chapter 7: Field Work - 8
b) Instrument Validation Techniques
Three different principles, or techniques of validation, apply to survey equipment. Type 1 – Comparison of measured values to a known standard. This technique is especially appropriate to distance measuring devices. An electronic distance
measuring device (EDM) or a Global Navigation Satellite System (GNSS) may be precise - that is,
it measures in a highly repeatable fashion - but may not be accurate. The only way to assure the
accuracy of the EDM or GNSS is to test them against a known length, which was ultimately
established with reference to the national standard metre.

For an examination of approaches to GNSS validation, land surveyors are directed to the paper
"Province of British Columbia Specifications and Guidelines for Control Surveys Using GPS
Technology" (originally published by the Integrated Land Management Bureau. Contact GeoBC
within the Ministry of Forests, Lands, Natural Resource Operations, and Rural Development for
inquiries related to this paper). Province of British Columbia Specifications and Guidelines for Control Surveys Using GPS
Technology:
https://www2.gov.bc.ca/assets/gov/data/geographic/georeferencing/standards-
specifications/control_surveys_gps_technology.pdf
If baselines have been established and distances between points on the baseline have been
determined with appropriate care, EDMs can be check measured against these known distances. The comparison method should also be used for such devices as:
• tape measures and leveling rods,
• thermometers and barometers,
• timepieces
Type 2 – Meaning of opposite readings.

Many instruments are checked by meaning the instrument is in opposite positions. This method
involves reading the instrument in two opposite modes or positions and then adjusting the
instrument until the difference in the readings is eliminated. The following are examples of
components or equipment that can be checked in this manner:
i. plate and circular bubbles of transits, tribrachs, etc.,
ii. prism pole circular bubbles,
iii. optical and laser plummets of transits,
iv. horizontal collimation of transits,
v. vertical index error of transits,
vi. a peg test for levels. For detailed methods of checking and adjustment of instruments, land surveyors may consult any
textbook on surveying and should consult the manufacturer’s literature for the instrument being
checked.

Professional Reference Manual V3.3 Chapter 7: Field Work - 9
Type 3 – Comparison to a theoretical or perfect value. When a perfect value is known, checking against that perfect value is an excellent way to test
instruments, observers, and techniques. Examples of comparison to a perfect value include:
i. turning several horizontal angles to form a circle about the horizon. The sum of these angles
should be 360°,
ii. the sum of opposite face zenith angles should be 360°,
iii. a prism constant test. c) Testing Schedules and Practice
Equipment testing and validation should be performed regularly. When an instrument has been
jarred or when a measurement inconsistency is detected, testing and validation should be done
before further work with the instrument.

Where unacceptable errors in measurement are
detected, the measuring systems must be adjusted prior to further use. Remembering that changes to any part of the measuring system can affect precision and
accuracy, land surveyors should also test systems when components of the system are changed. These changes could include new employees and new techniques as well as new equipment, new
equipment firmware, or software updates. Suggested testing and validation frequencies are:
Weekly:
i. circular bubbles of prism poles,
ii. plate and circular bubbles of instruments and tribrachs,
iii. optical plummets of tribrachs and transits. Monthly:
i. instruments - horizontal and vertical angle measurements,
ii. distance measuring systems against known distances, and
iii. levels - peg test. Annually:
i. distance measuring systems against known standards,
ii.

instruments - adjustment of level bubbles, optical plummets, plate readings,
iii. GNSS equipment - against a known standard using various methods and processing
software results, and
iv. all equipment - tightness of screws, clarity of optics, and mechanical function. Annual instrument checks and adjustment calculations must be recorded and kept as part of the
official records as required by Bylaw 18. Professional Reference Manual V3.3 Chapter 7: Field Work - 10
6) Error Control and Evaluation for Surveys
The traditional geometry of legal surveys has been a closed perimeter survey with side ties to
previously established points (i.e., parcel monumentation). With GNSS special attention should be
paid to the geometry of the survey network and how it will affect the survey accuracy.

A least squares
analysis of results may be required to demonstrate that regulatory accuracies have been achieved. The accuracies of legal surveys are governed by the Rules. Where surveys are not carried out under
statute, an analysis of accuracies appropriate to the project should be adopted. Categories of Errors
Errors fall into three main categories:
a) Gross Errors (often called blunders)
Gross Errors, or blunders, will occur from time to time and must be eliminated from the data prior
to adjustment and computations. The elimination of gross errors is facilitated by a methodical procedure, staff training, proper
supervision, and by checking and checking again. Introducing redundancy into the survey network
is necessary to identify gross errors.

Following are some examples of techniques which may form
part of a land surveyor’s methodical field procedure, and which serve to illustrate this point:
• Mistaken traverse hub identification is a common source of gross error. A methodical
procedure demands that hubs be uniquely numbered in the field, and numbers correspond
to data collector and field book numbers. In addition, a proper checking procedure demands
that when a hub is re-occupied, a measurement be made to another known point and
compared to the original data to make sure that the correct hub is occupied. Typically, a
distance should be measured to the backsight point, or an angle turned to another known
point.

When the survey includes elevation data, the check must include an elevation check to
confirm the height of the instrument, the height of the target, and the correctness of
previously determined elevations. • Gross errors caused by a mistaken or incorrectly recorded elevation for a benchmark can
occur. Like horizontal measurements, a methodical procedure should include a check to
additional independent benchmarks when practical. b) Systematic (or cumulative) Errors
Systematic Errors are those inherent in the measuring system or technique, which always affect
the measurements in the same way and are therefore cumulative. They are usually caused by
improper equipment adjustment, or by observer bias, and include temperature, atmospheric, and
(chain) tension corrections.

Individual Systematic errors are usually small but can sometimes be detected by comparison of
data to other surveys, or by sophisticated error analyses. The testing, validation, and adjusting of
instruments, and the training of staff form the main defense against systematic errors. Professional Reference Manual V3.3 Chapter 7: Field Work - 11
The meaning of opposite readings can reduce errors in traverses, and can also guard against
blunders, reducing or eliminating what might otherwise be systematic errors in the measuring
systems. Doubled angles, or directional angles, using opposite faces, are examples of this type of
measurement.

When fore sighting to a prism, the locked prism pole is rotated 180 degrees between shots so
that errors of plumbness, (caused by circular bubble eccentricity or bends in the prism pole), are
reduced. Observer error watching the circular bubble is reduced as well. c) Random (or compensating) Errors
Random Errors tend to compensate since they may be negative as often as positive. The net result
is therefore usually small. Random errors will always occur in survey work but must be controlled
to within acceptable standards. Following a disciplined survey, the procedure is the best way to
control random errors. As the level of accuracy that is accepted as good survey practice increases,
land surveyors should strive to reduce random errors.

Poorly set backsights and foresight are common sources of random error in surveying. Examples of procedures designed to reduce random errors with respect to backsights and
foresight include:
• Pickets and “nail & sail”, although common forms of backsight, may have the greatest
potential for random error. They must be carefully set and should be checked prior to
subsequent use. • Targets usually provide a reliable form of backsight; however, routine testing and validation
are required to ensure the targets are in adjustment.

• Forced centering traverses, where the transit legs and tribrachs are left plumbed over the
traverse points, and the instrument heads and targets are moved forward, usually reduces
random error, are useful for the convenience of speed, and should be considered when
increased accuracy is important. Each setup must be checked for plumbness to ensure that
the legs and tribrachs have not settled nor been bumped. • When single face readings are used, the backsight should be re-observed at the completion
of that set of readings. 7) Creating a Record of the Survey
Compilation of a complete record of the fieldwork is an essential part of any project.

These records,
whether written or digital, form part of the legal record of the survey and maybe subpoenaed in the
event of court challenges. Field survey records will provide invaluably should the land surveyor ever
need to defend a boundary solution. As such they should be permanently archived. a) Field Notes:
Every survey should be recorded and described in field notes, even when a data collector is used. When a data collector is used, the field notes will usually be descriptive rather than numeric and
will clarify and expand on the data collector information, but not repeat it. Field survey records should never be erased, altered, or obliterated. Professional Reference Manual V3.3 Chapter 7: Field Work - 12
A methodical procedure for data recording is emphasized.

The land surveyor should create clear
procedures for data recording and follow those procedures.

Recording the following list of items in the field book is deemed good practice:
a) date of observations,
b) a legal description or site location details,
c) list of personnel in attendance,
d) list of instruments used to gather information,
e) description of monuments found or placed,
f) along with details of ancillary monumentation as required under the Rules,
g) the condition of monuments, especially if disturbed,
h) conditions that might affect decisions on the quality of the survey evidence, e.g., disturbance
of the ground in the area of a monument,
i) or recent construction which may affect the reliability of the monument,
j) a diagram representing the survey which should contain a north arrow,
k) a notation of all searches for, and inquiries about, evidence, and whether found or not,
l) notes of weather conditions and temperature,
m) notations that assist in the clarification of field and site conditions.

Bearing tree information must be carefully recorded and include the measured and marked
distance, species, and diameter of the tree, and the bearing from the monument to the tree. Bearing tree information should be compared with previously recorded plans or original survey
field notes, and where a difference is found, a note should be put in the field notes that the
measurements were checked, and differences noted. The April 2015 Link article entitled “Field Notes Revisited” offers compelling arguments about the
importance of field notes. In addition, the article “In Praise of Small Data: Survey Notes in
Litigation” by Dr. Brian Ballantyne (Geomatica Volume 69 No. 1, 2015) is recommended reading.

b) Data Collectors:
Data collectors are now widely used in the industry as they reduce the chance of gross error and
transposition of data, facilitate the search for evidence, and they increase the efficiency of
fieldwork. It is important to establish a procedure for the use of data collectors. Field staff should be trained
in the established use procedures, company naming rules for files, point numbers, and point
coding conventions. When set up properly data can be brought into drafting programs with the
lines already drawn and line types assigned to the features. Data collectors can have several output files for the data (.raw, .job, .dc, .csv just to name a few).

It is important to archive the raw data daily as these serve as a part of your original field notes. Professional Reference Manual V3.3 Chapter 7: Field Work - 13
Field notes should be kept in conjunction with the data collectors, they can be used to do quality
assurance checks on the data. Field notes should contain point numbers, set-up, and backsight
information, heights of instruments, prisms, or RTK receivers. Field notes may also include prism
constant and projection information, such as ground based or UTM zone as well as the Geoid
model used. EDM correction factors can be set in the data collectors but be aware of how
instrument correction factors and data collector correction factors interact.

Comparing the field notes to the raw data file will identify gross errors such as incorrect
backsights, base station set-ups, and instrument or rod heights. A thorough review of the data is
required to ensure data quality. When field notes are kept without data collectors, great care must be taken in the transcribing of
data to and from the field notes. A careful, methodical procedure, ample checks, and good staff
training are the best protection against making transcription errors. 8) Postings
The requirements for posts are set out in the Survey and Plan Rules. This section provides information
related to the posting. Every legal survey post placed during the course of a survey should be set in a location that will
maximize the longevity of that post.

Where it appears that a legal survey post set at a property corner
may be subject to damage, a second post, a line post should be set along a property line, or a
production thereof. A witness post should be set if a corner is not able to be established. Refer to
Survey and Plan Rule 2-10(1) (c) and 2-10(1) (d). Standard survey posts should not be placed as traverse points unless they are also property corners,
or in special cases; for example, along the traverse of a natural boundary, where the traverse and
posts are shown on the plan.

Survey control or traverse points established during the course of a survey should not be placed in
areas where they may be mistaken for legal survey posts representing a property corner. a) Setting Witness Posts
Interpretive Bulletin 2015-01, updated in February 2019, gives members direction in regard to the
usage of witness monumentation, and is copied in its entirety on the next page:
Professional Reference Manual V3.3 Chapter 7: Field Work - 14
INTERPRETIVE BULLETIN 2015–01
Issued by the Board of Management – September 14, 2015
Updated February 2019
Witness Posts – Survey and Plan Rule 2-10(c)
This Practice Advisory Notice replaces Interpretive Bulletin 2012---1.

The intention of this
notice is to expand the discussion relating to placement of witness posts and clarify some
practice situations that have come to light in the past few years. Survey and Plan Rule 2-10(c) state the following:
2-10 Setting of posts
(1)(c) If it is impossible to place a post at the true corner, or a post set on the true corner
is likely to be destroyed and a more durable definition of the corner would result,
one witness post of the type which would be required at the true corner must be
planted at the nearest suitable location, preferably on a boundary of the parcel or
production thereof.

When considering the use of a witness post, land surveyors must use professional
judgement and always consider their primary responsibility to the quality of the
survey fabric. The primary concern and focus of this notice are the interpretation and use of Rule
2-10(1)(c). In recent years we have seen many survey plans where a very large
number of true corners are not set and are instead referenced by witness lead plugs
placed in sidewalks, curbs, gutters or retaining walls. This has led to much
discussion between practitioners, the Practice Advisory Department, and the
Surveyor General Division. The land surveyor should have as their priority the
monumentation of the true corners of parcels wherever it is possible to do so.

The central issue is the interpretation of the words “likely to be destroyed”. Parcel
corners are “likely to be destroyed” during the course of installation of utilities and
grading. Posting of the parcel corners prior to this may not be the most opportune
time. So, there is clearly an element of timing involved when choosing an optimum
stage in development to post the subdivision. When considering the requirement
to create a quality survey fabric, the focus should be to ensure that final posting of
the subdivision occurs after all, or the majority of utilities have been installed and
final site grading has been completed. If a subdivision needs to be registered before
site conditions allow posting of the true corners, then a block outline survey should
be considered.

The preservation of survey monuments that may likely be destroyed
by development activities was, after all, a fundamental reason legislation was
established to allow the Block Outline method of deferred posting. If, with a block outline survey, full posting on the true corners is still not possible
after the usual one-year posting requirement because site grading is not complete,
Professional Reference Manual V3.3 Chapter 7: Field Work - 15
then an extension can always be sought from the Surveyor General until such time
that site grading is finished, and it is possible to monument the true corners. Practitioners often indicate that a utility company requires lot corners to be marked
before they will do their installation.

There is nothing wrong with this kind of
request, but this should not be the primary consideration in deciding when to
conduct the final posting of the subdivision. The practitioner must satisfy the needs
of the utility company in whatever way is necessary and provide them with a plan
showing the location of corners marked. The practitioner must then consider his
or her primary obligation, which is the establishment and maintenance of the
survey fabric, by returning to the site after utility installation, and posting the
subdivision, with the priority placed on setting monuments at the true corners of
parcels.

It is inevitable in any subdivision or other development, that some property corners
will be destroyed, even after utility installation, during the course of house and
fence construction and landscaping. Such destruction is not assured and may not
occur for months or years and does not remove the land surveyor’s obligation to
post the true corner. Here again, the land surveyor’s role as custodian of the survey
fabric comes into play.

Notwithstanding the primary obligation to post the true
corners, the practitioner is wholeheartedly encouraged to consider placing
additional reference monumentation which will be safe from destruction and could
aid in re-establishment; examples would include lead plugs in sidewalks and/or
superior monumentation throughout the subdivision, with emphasis on
referencing key locations such as block corners, beginnings and ends of curves,
centres of cul-de-sacs, etc. To be clear, it is not acceptable to set witness posts for the sole purpose of not
being destroyed by utility installation. If the true corner can be monumented after
utilities are installed this must be done as part of the final subdivision posting.

Additional criteria for the use of and setting witness posts can be found in Survey and Plan Rule 2-
10(1)(d) & 2-10(1)(e):
2-10(1)(d) If a witness post cannot be placed within 20 m of the true corner, posts of the type
that would be required at the true corner must be set on each boundary radiating
from the witnessed corner and, in this case, the posts set are line posts and must
not be marked as witness posts. 2-10(1)(e) Posts set on a boundary a short distance above and referencing the natural boundary
are line posts and must not be marked as witness posts.

Professional Reference Manual V3.3 Chapter 7: Field Work - 16
b) Setting Ancillary Monumentation
Ancillary monumentation consists of reference (guard) posts, bearing trees, and stone mounds. Line trees, boundary markers, and blazes can be considered ancillary monumentation of
boundary lines. Historically cairns were also a type of ancillary monument, though the current
Survey and Plan Rules no longer include them as a type of ancillary monument. Wooden Tripods are sometimes set above monuments in the oil and gas sector. The Rules provide the requirements for setting stone mounds, bearing trees, reference posts,
boundary line markers, blazes along boundaries, and wooden tripods. Ancillary evidence such as bearing trees, stone mounds, and cairns can be used as locating aids
and to help protect monuments from destruction.

In certain cases, these references may provide
the best, (or only), evidence of a corner available. Although tripods are also set to aid in locating
and protecting monuments, they are not used as survey evidence in boundary reestablishment. In some circumstances line trees, boundary markers, or blazes may prove to be the best evidence
from which to reconstruct the corners of a parcel. When determining the type of ancillary monumentation to be made or set and line marking, if any,
to be used, the land surveyor must take into consideration the nature of the ground, the terrain,
safety, environmental, and aesthetic considerations, as well as the location of the property. What
may be practical and appropriate for rural locations may not be suitable in urban locations.

Specific survey instructions issued by the Surveyor General, (for all surveys of Crown owned land
both titled and untitled), may specify the type of ancillary monumentation to be used, or the
manner in which a boundary line is to be marked. See the Rules for the specific requirements of
making or setting all ancillary monumentation. The following provides a few more ideas on certain
ancillary monumentation. i. Bearing Trees
When bearing trees are made it is best to make
three (or more) ancillary to a monument, ideally
being 120 degrees apart. Each bearing tree must
be blazed and carved with the letters ‘BT’ and the
distance from a point a metre above the survey
monument to the face of the blaze recorded in
the field notes.

See Rule 1-10 for direction on
making bearing trees. For Provincial surveys, bearings to bearing trees
may be magnetic or of the same origin as the
plan. Whichever origin is used it must be clearly
Bearing Tree (Before)
Professional Reference Manual V3.3 Chapter 7: Field Work - 17
noted in the field notes and upon the subsequent
plan. The abbreviation “mag” is generally used
for magnetic bearings. For Federal surveys, bearing trees are recorded
in astronomic bearings. To avoid confusion, it is
suggested that the suffix “ast.” be recorded for
bearings when working in the Federal system. Provincial surveys have traditionally used
magnetic bearings for bearing trees, however,
some early period surveys were recorded with
astronomic bearings.

On some old plans and field
notes, the magnetic declination is not recorded. The changes in declination over time may be
significant, and it may be prudent to obtain
Magnetic Variation Tables from the Geodetic
Survey of Canada. Bearing Tree (After) For Provincial surveys, distances are measured
from the face of the blaze to a point one metre above
the monument. For Federal surveys, horizontal distances were used. When a monument
marks both a Federal and Provincial boundary, use the Provincial system. In all cases, it is
good practice to record in the field notes which system was used. Bearing Tree (After)
Bearing Tree (Before) Bearing Tree (After)
Professional Reference Manual V3.3 Chapter 7: Field Work - 18
ii.

Stone Mounds
It is good practice that where possible land surveyors surround monuments with a
substantial circle of rocks especially outside the urban centres. This is important ancillary
evidence for type 4 or better monuments and can often allow for the re-establishment of
corners when all other evidence is gone. Stone mounds can also be used on type 5
monuments if the post was set on an angle or took some serious moving to get it into the
correct location. This can often allow surveyors who subsequently find the monument to
ascertain that it was set that way and that the top of the monument is correct.

Where a stone mound has been placed it needs to be recorded in the field notes (many
surveyors record the size of the mound) so the information can be expressed on the survey
plan. iii. Tripods
For surveys under the Oil and Gas Activities Act or

section 25 of the Oil and Gas Activities
Act General Regulation if bearing trees are not available, monuments may be referenced
using a substantial tripod. Tripods are generally constructed from trees found nearby and nailed together with cross
braces. These are placed directly over monuments but are not driven into the ground so
that they can be easily moved for future occupation of the monument. Tripods are increasingly being used to mark and protect monuments for a variety of surveys
and used in conjunction with other referencing methods. It should be noted that due to the unsubstantive nature of a tripod, they are never used to
restore a survey monument.

c) Error Control for Posting
The procedures for error control referred to in Part 5 - methodical procedure, proper training,
and supervision, and checking of results - apply equally to the posting of monuments. The land
surveyor must also create a complete record of the survey with the actual set positions of
monuments recorded and checked. When monuments are set, their set position must be recorded. With most data recorders, this is
fairly easy, either as a separate side shot or by storing the posted position. When manually
booking data in a field book, the layout data must be recorded. Comparisons of calculated and
set positions should be made in the office. After setting monuments, independent checks of set positions are a part of the checking
procedure.

The best check is from a set point to a previously located point since this checks the
calculations and the fieldwork. Next in order of preference are checking between points set from
different setups, or between other traverse hubs and the setpoint, and finally, the poorest quality
check is between two points set from the same instrument setup, since many possible errors are
not checked. Where, because of the isolation of the monument is set or for other reasons,
Professional Reference Manual V3.3 Chapter 7: Field Work - 19
independent checks between monuments set are not possible, the surveyor must be satisfied
that the monument is set correctly.

In addition to measuring between monuments as a check, field crews should also be looking at
the placement of all monuments in relation to other features such as fences, buildings, hedges,
retaining walls to see that the point positions appear reasonable, and consider roads, utility poles,
etc. for gross checks.

9) Running and Marking of Boundaries
In accordance with Survey and Plan Rule 8-4 boundaries of parcels created pursuant to the Land Act
must be marked in one of two ways:
a) Setting boundary marker posts along the boundary line at intervals of approximately 100 metres
apart and blazing the boundary line in accordance with Rule 1-14; or
b) Cutting and clearing the boundary line of debris to a width of approximately one metre and
blazing the boundary line in accordance with Rule 1-14. Specifics about boundary marker posts and blazing boundary lines are provided in the Survey and Plan
Rules. There are no Rules that require boundaries created under other statutes to be marked.

A land
surveyor must rely on their professional judgment when deciding if to run boundaries created under
other statutes and whether to mark those boundaries. If the surveyor deems that in the public interest
the boundary is to be run and marked Survey and Plan Rules 1-13 and 1-14 would be applicable. 10) Construction Layout Surveys
As opposed to a legal survey, where the surveyor will have a high level of control over the amount of
work that must be done to meet regulatory and other conditions, layout surveys are often carried out
according to instructions from others. The surveyor will often be placed in a position of working under
time constraints in layout work, which can increase the possibility of gross errors.

The methodical
survey procedure must not be compromised due to the client's desire to dispense with checking
closures and other quality control measures to save time or cost. General comments and recommendations:
a) Locate and confirm that sufficient legal survey monuments are in place on the lot boundary(s)
where the layout is to occur. Conducting layout work on or near unposted property boundary(s)
may incur significant financial and professional liabilities for land surveyors. b) Many areas of British Columbia were originally subdivided at the turn of the 20th century and
most of the original corner posts were made of wood. Recovery of these posts and the
retracement of these boundaries can be difficult and uncertain due to the age of the original
survey.

It is considered good practice to undertake construction layout surveys only when modern
legal survey monuments define each corner of the particular property boundary(s). This means that before starting a construction layout survey; a land surveyor should consider
posting the subject boundary(s) and filing a posting or reference plan in the appropriate Land Title
Professional Reference Manual V3.3 Chapter 7: Field Work - 20
Office. The August 2017 Link article entitled “The Difference Between Reference Plans and Posting
Plans” offered items to consider when deciding which plan is best to use. c) Relevant “Issued for Construction” plans and CAD drawings should be obtained well in advance
so that they can be reviewed.

Quite often, CAD drawings serve as the best source when executing
layout calculations as all the linework is elevated (i.e., edge of the pavement, gutter, retaining
walls, gridlines, etc.) and the finish grade surfaces, and road corridors are available and can easily
be transferred to data collectors. Although this is a great source for layout calculations, it is the
land surveyor’s responsibility to ensure that the CAD drawings are relative to the ‘Issued for
Construction drawings. Layout pre-calculations will help identify plan misclosures or other
discrepancies. Assuming or scaling missing dimensions is not an acceptable practice. Problems
should be resolved prior to the commencement of the layout work. Any agreed-upon plan
amendments should be neatly revised in pen and initialed by the project manager or the
authorized representative.

d) If a contractor requests layout and drawings (CAD and PDF) are not yet ‘Issued for Construction’,
then the land surveyor must receive an email from the contractor ensuring that any liability falls
on the contractor if any revisions or changes occur to the drawings after the layout has been
executed. Additionally, the land surveyor should note on the layout plan where and when the
information was obtained from (Civil Engineer CAD file and/or PDF file, date, version, etc.) and
that their firm accepts no responsibility if changes are made after the fact. e) Determine who is responsible for identifying and locating any existing underground services prior
to excavation.

f) Enquire as to the intended use of the survey, accuracies desired, types of points to be set and the
preferred locations of offsets, reference points, and control monuments. g) Confirm units to be used. While most engineering layout is metric, many home builders prefer
feet or feet and inches. If possible, use equipment graduated accordingly to reduce conversion. Gross errors are more likely when working with more than one system of units. h) Document conversations on-site, particularly instructions from others and revision orders. i) Identify and confirm minimum setbacks from property lines or other critical areas. Review the
layout project, including work to be done and methods to be used, with the project manager or
the authorized representative.

j) Tapes and EDMs should be standardized prior to layout, and other equipment shall be in good
working order. When using steel tapes, tape thermometers and tension handles may be required. k) Keep notes of work and show closures and checks where applicable. l) Survey points are often disturbed or destroyed on construction sites, and sometimes control
points are temporarily unoccupiable. Establish and/or verify horizontal and vertical control points
before commencing the layout survey. Professional Reference Manual V3.3 Chapter 7: Field Work - 21
m) Provide redundant horizontal and vertical control. Extensions of existing lines and backsights on
walls provide good locations for additional points. n) Upon completion of a layout survey, have an on-site review of the layout survey with the project
manager or the authorized representative.

o) Provide a plan or sketch showing the details of the layout survey as soon as possible after the
layout survey is complete. This will show the survey work which was performed and help to
prevent misinterpretation. Specific recommendations:
a) On most layout projects, the establishment of a grid utilizing 90-degree angles for the layout of
points is preferable to radial layouts. The higher the level of accuracy required, the more
important the grid method becomes. This method also facilitates onsite checking and adjustment
of points. Radial ties to points as set can provide an excellent check on work. b) On larger projects, plan and establish an overall control network, or grid, prior to doing a specific
layout.

When establishing control from existing control set by others or from existing building bay
lines, make independent ties to other known positions to confirm starting coordinates and
elevations. c) When possible, check diagonals on a layout of squares or rectangles. d) Double-check all reference points. These are the points the contractor will use to re-establish
building corners and lines. If the reference points cannot be checked from two locations, they
should be measured in two different units and the results compared. If points are referenced in
two directions, the diagonals between references can be checked.

e) When elevations are established as part of a survey, determine the datum and benchmarks to be
used, and establish a local benchmark at a permanent and secure location near the parcel under
survey. Local benchmarks should not be placed in utility poles. When practical, elevations shall
be derived from ties to two benchmarks. f) When elevations are transferred to higher floors of a building by taping up, the transfer should
be done in two places and a differential check made on the new elevation. g) When establishing elevations or grade marks, an independent check from the grade mark back to
a benchmark should be made.

11) Survey Standards for Legal Surveys on First Nation Treaty Settlement Lands
Historically all legal surveys within the geographic boundaries of British Columbia have been
conducted on land under provincial jurisdiction or land under federal jurisdiction. The landscape
changed in 1999 with the First Nation Final Agreement Act. Under Final Agreement statutes, First
Nations control their Settlement Lands including setting standards for the survey of portions of their
lands.

The Surveyor General and the Practice Advisory Manager are of the view that it is in the best
interest of all parties that standards for the survey of portions of Treaty Settlement Lands and related
Professional Reference Manual V3.3 Chapter 7: Field Work - 22
plan preparation be maintained to standards equal to that in the rest of the province. For a complete
article on this topic, refer to Appendix A of this chapter. 12) Post Renewal Forms Filed with the Surveyor General
If during a land surveyor's work, he or she renews a primary parcel corner, but does not take
measurements and therefore does not need to file a plan, then the restoration needs to be recorded
by a Post Renewal Form.

The following excerpt taken from an April 2017 article in The Link which
explains when and how to file a Post Renewal Form with the Surveyor General has been updated in
Fall, 2020 to reflect the LTSA’s new web filing process. For about seventy years, land surveyors have
been submitting Post Renewal Forms to the
Surveyor General as a record of new evidence
placed at the corners of primary parcels, such
as district lots, sections, and blocks originally
surveyed under the provincial Land Act or as
part of a Dominion survey. The form was
developed by the Surveyor General in the mid-
1940s, and blank copies of the form were made
available to any land surveyor who requested
them.

Land surveyors often need to locate primary
parcel corners as part of their project and might
find a corner marked with an old, rotting wood
post and deteriorating ancillary evidence. The
land surveyor will normally upgrade the corner
by placing a capped post, possibly rebuilding a
stone mound, and opening up old bearing trees,
or carving new ones. If the survey results in the
preparation and filing of a statutory plan, this
information will be shown on the plan. However, if no plan is prepared (for example, if
no measurements were taken between posts),
the land surveyor completes a Post Renewal
Form for each restored corner and submits it to
the Surveyor General.

Professional Reference Manual V3.3 Chapter 7: Field Work - 23
Examples of typical post renewal forms
The Post Renewal Form will generally show what corner was replaced, the original evidence found,
a cap diagram for the new post, and a record of any new ancillary evidence made; it will be signed
and dated by the land surveyor performing the restoration. The Surveyor General has many boxes of
Post Renewal Forms dating back to the
1940s; they are sorted by land district,
and numerically by primary parcel
designation.

Because these forms
provide such important information
about what a land surveyor can expect to
find at a particular parcel corner,
Surveyor General Vault staff will
generally provide any related Post
Renewal Forms whenever a field book is
requested; however, Post Renewal
Forms can also be requested separately. The former practice of Surveyor General
staff was to stamp the words “Post
Renewed” next to the applicable corner
in the parcel’s field book whenever a Post
Renewal Form was received, as an
indication that the corner had been
upgraded. However, this practice was
not consistently carried out over the
years; therefore, a Post Renewal Form
may well exist, even if no “Post
Renewed” stamp is shown in the field
book.

The staff in the Surveyor General
Vault have recently completed an
indexing project that allows them to
more efficiently locate any post renewals
associated with a particular parcel, and
they are in the process of scanning their
entire inventory of Post Renewal Forms. Professional Reference Manual V3.3 Chapter 7: Field Work - 24
Example of Field Book Page Showing “Post Renewed” Stamp
It is still possible to submit a new Post Renewal Form to the Surveyor General, for those
circumstances where a primary parcel corner is upgraded, but no statutory plan is prepared. The
renewal form became electronic in 2012 and was transitioned to Web Filing in 2020. The submission process for post renewals is also described in the Direction to Land Surveyors No.

12 Electronic Submission of Statutory Applications to the Surveyor General found on the LTSA
website and the detailed step-by-step instructions for Web Filing are available in the Practice
Guide on help.ltsa.ca. Surveyor General staff are always happy to answer questions relating to
Post Renewal Forms. Professional Reference Manual V3.3 Chapter 7: Field Work - 25
13) Post Renewal Web Filing Process
The Web Filing process for completing and submitting a Renewal of Survey Monument Form is as follows:
1) Download and complete the “Renewal of Survey
Monument card”. The card can be completed either electronically
within the PDF or filled out by hand on a printed
version and scanned back to PDF format – either
method is entirely acceptable.

Renewal of Survey Monument Card
2) Log into myLTSA and “Create a Web
Filing Package”. • Select the “Surveyor General” in
response to “Who are you
preparing the package for?”. • Fill in a “File Reference” and
“Package Description” and click on
“Create Package”. • Click the “Start an application”
button and add a “Renewal of
Survey Monument Form”. Create A Package Login
Professional Reference Manual V3.3 Chapter 7: Field Work - 26
3) Complete all the required fields for
the “Submitter” and “Post Renewal
Details” fields and upload the
“Monument Sketch”. Select an Application
4) Review the Web Filing form generated, E-sign,
and complete the submission to the LTSA.

E-sign Field
*Apart from the $1.50 myLTSA Enterprise service charge, there is no fee for filing a post renewal. 14) Buried Facilities: Damage Prevention and Ground Disturbance Practices
Please see the Buried Facilities Damage Prevention and Ground Disturbance Practices article in the
August 2021 Link for more information about ground disturbance prevention of buried facilities
including an update on the status of legislation pertaining to ground disturbance. In this part the following definitions apply:
1Buried Facility Anything buried or constructed below ground level respecting electricity,
communications, water, sewage, oil, gas, and other substances including but
not limited to, the pipes, conduits, ducts, cables, wires, valves, manholes,
catch basins, and attachments to them.

1 These first four definitions are taken from the British Columbia Common Ground Alliance (BCCGA) Ground Disturbance 201 Standard. Professional Reference Manual V3.3 Chapter 7: Field Work - 27
Digging Community Anyone that engages in or is responsible for the ground disturbance. Ground Disturbance Any work, operation, or activity that results in a disturbance of the earth
regardless of depth. Hit or Hits The act of actually hitting a Buried Facility when disturbing the ground. Locate (verb) The use of appropriate instruments to determine the approximate
horizontal locations of underground facilities identified through research of
existing as-built documentation and any other sources of information. Ground Disturbance of Buried Facilities caused over a billion dollars in damage in Canada in 2019.

In
British Columbia that year there were 1304 reported Hits and no doubt an additional number of
unreported Hits. Although what comes to mind when one thinks of a ground disturbance is likely a major project
requiring much excavation such as a building construction site, land surveyors must keep in mind that,
though the ground disturbance they cause is generally minor, they still face the very real possibility
of encountering buried facilities from time to time. Specific regulations exist to govern ground disturbance around oil and gas lines2, however, no specific
regulations govern disturbance around electrical, water, sewer, telephone, cable, or optic fiber lines.

That said, land surveyors must be aware of and comply with general safety requirements contained
in the Workers Compensation Act, BC Safety Standard Act, and BC Occupational Health and Safety
Regulations
It is suggested that fulsome knowledge of best practices for ground disturbance are of considerable
value to land surveyors such as the British Columbia Common Ground Alliance (BCCGA) Disturbance
201 standards. For training on best practices for ground disturbance in regard to buried facilities please see the BCCGA
website at: https://commongroundbc.ca/ground-disturbance-training-standard/
2 See the National Energy Board Damage Prevention Regulations, BC Oil and Gas Activities Act, BC Pipeline Crossing Regulations, and BC Gas Safety
Regulation.

Professional Reference Manual V3.3 Chapter 7: Field Work - 28
Chapter 8 - Principles of Boundary Surveys
Land surveys are conducted for the purpose of establishing new boundaries or re-establishing existing
boundaries. A survey that establishes a new boundary line is often called an original survey. In establishing
a new boundary, a land surveyor locates the boundary on the ground, and creates both physical and
documentary evidence of the boundary in accordance with appropriate statute, regulation and the Survey
Rules. In re-establishing a boundary, the land surveyor must locate and interpret both the physical and
documentary evidence of the existing boundary in accordance with the hierarchy of evidence and use his
or her professional judgement.

The physical evidence found and placed and documentary evidence
recorded of the re-establishment of the boundary, represents the land surveyor’s opinion of the location
of the true boundary as originally surveyed. Where a land surveyor is laying out new boundaries in accordance with a description in a legally
sanctioned document, such as a Gazette Notice, Aliquot parts description, Crown Grant, etc., and the land
surveyor notices that the boundaries as described do not fit the ground in a significant manner, the land
surveyor may question if the description is correct. If there is a concern that the description may not be
correct, the land surveyor should point out the differences between the described boundaries and the lay
of the land with the appropriate authorities.

This communication is similarly critical with regard to private
developments, where natural boundaries have moved, parcels not meeting minimum areas, etc. If the decision of any such discussions result in surveyed boundaries that are not in accordance with the
description, then it would be considered good practice that the reasons for the decision to vary the
marking of the boundaries be recorded in some appropriate place, such as either in correspondence
related to the survey plan, a note placed on the plan itself, a Survey Letter filed in the Land Title Register
or the Crown Land Registry or some other appropriate place depending on the nature of the case.

In this
way, land surveyors who are dealing with these boundaries in the future will be alerted to the variation,
the reason for it, and under whose authority the variation was made. Part 1 – Retracement Surveys
1) Basic Principles
Recent judicial decisions such as McKellar vs. Fotsch (see Chapter 8 - Part 3) and Okanagan Radio vs.
Dunlop have clearly stated that it is a primary duty of a land surveyor to correctly ascertain the
position of pre-existing boundaries prior to establishing new boundaries relative to those pre-existing
boundaries.

Section 1 of the Land Survey Act indicates that original boundary lines, being true and
unalterable, are those that were “surveyed and run...” This suggests that if there is clear evidence
that an original boundary line was not run in a straight line between the end points, that evidence
might suggest that upon retracement, the boundary line is not necessarily a straight line between the
original end points.

In reaching a conclusion that an original or pre-existing boundary line is not a
straight line between the end points but a crooked line by following the line as run, it is recommended
that the land surveyor exercise caution in ensuring that there is conclusive evidence that the boundary
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 1
as run was not run in a straight line. Line trees are generally considered to be on the line run, but not
blazed trees. The blazing of lines was practiced by other professions, such as foresters and miners.

Ensure that the line being re-traced was not a trial line or traverse line, and that a trial line or traversed
line was not blazed in error instead of the boundary line. For examples of trial lines and other blazed
lines, see Specimen field notes in General Instructions to BCLS, May 1918. Land surveyors should also
be aware that although the field notes of an original survey may indicate that all boundary lines were
run, that was not necessarily done is some instances. See Circular Letter April 1904. Since a land surveyor has no arbitrary powers to re-define the positions of pre-established
boundaries, it is important to keep in mind that all evidentiary decisions are subject to judicial review.

For this reason, all decisions taken by the surveyor in the course of a retracement survey must be
made in the light of the statutory rules and judicial decisions which govern legal survey boundaries. The order of importance of evidence, referred to as the hierarchy of evidence, is:
(1) evidence of natural boundaries;
(2) evidence of original monuments;
(3) evidence of possession that can reasonably be related back to the time of the original survey;
(4) measurements shown on the original plan and/or field notes. Regarding (3) above, evidence of possession, courts have reasoned that the time frame to be
considered is not strictly the time of the original survey.

Evidence of possession should also be
considered where it can be reasonably assumed that the original survey posts were in place when the
fences, buildings or other evidence of possession were built. Courts have also reasoned that present
day fences were replacements for earlier fences that were built with reference to the original survey
posts. Where original survey posts are not found and there is evidence of possession, and the land
surveyor concludes that the best evidence is measurements shown on the original plan or field notes,
the onus is on the land surveyor to verify that the evidence of possession is not the best evidence.

As a result of several other recent judicial decisions such as Richmond Hill Furriers vs. Clarissa
Developments Inc. (see Chapter 8, Page 8-6), acts of legislature referring to a plan or judicial decision,
may take precedent over this order of importance. An important principle which is also articulated in judicial decisions is that the retracement surveyor
must make every effort to “walk in the footsteps of the original surveyor.” In other words, no difficult
retracement should be attempted without a thorough understanding of the regulations under which
the original survey was performed, the probable limits of accuracy, the monumentation likely to have
been used and the order in which lines were run and monuments placed.

In commenting upon the “order of importance of evidence,” it is worth noting that, while the location
of natural boundaries obviously cannot be disregarded, they are rarely of much help in practical
problems of boundary retracement, being themselves often dynamic over time and often incapable
of really accurate definition. The major point to keep in mind is the significance of evidence of
possession, (or occupation) as being next in importance to original monuments and more important
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 2
than plan measurements. Board Advisory 2013-1 is a reminder to land surveyors that the hierarchy of
evidence principles as well as Land Survey Act principles are to be followed when retracing a boundary.

2) Brief History
As there tend to be great differences in accuracy, completeness of plans, and monumentation
between surveys performed at different times in B.C. history, it is useful to define three historical
periods, being “early,” “middle,” and “modern”. The early period commences with the first surveys
on Vancouver Island, about 1851, and concludes when the First World War ended the great
settlement and land boom, about 1915. Although there were a few very competent professionals
working in surveying, this period is characterized by an absence of quality controls on the part of
government, accompanied by the processing of a vast quantity of survey work conducted as a result
of the land, timber and townsite booms in many parts of the province.

Monumentation of surveys
conducted during this period is usually poor, with that of subdivision and reference plans being often
indeterminate, because of lack of any clear standards for land title plans. There are wild variations in
accuracy, as between individual surveyors. The middle period which covers the time between 1915 and a year or two after the end of the Second
World War, was a very difficult time for the survey profession. For the most part, work was scarce
and few new members entered the profession. Land prices, as related to survey costs, were very low. Most survey work continued to be done by individuals who were trained and commissioned during
the great land boom early in the century, when practically all the work consisted of original surveys.

As a result, some of them, even if competent in the running of lines and the making of measurements,
had little understanding of survey evidence and the need for careful retracement of an original
boundary before surveying a new parcel which abutted it. It is convenient to define the modern period as commencing in 1947, because this is the year in which
permanent metal monuments were made mandatory for the corners of parcels created under the
Land Act. Prior to this, wooden posts were the standard. Iron pins had theoretically been required
under the Land Registry Act since 1943 but this requirement was not really enforced until the end of
the war.

The modern period, also saw many advances in the training of land surveyors and the
technology of measurement, as well as in the universal use of permanent monumentation. 3) Survey Systems
W. A. Taylor’s booklet, “Crown Lands: A History of Survey Systems,” (see Chapter 6-1-14-e), describes
nine different systems of survey of at various time since 1851. In terms of fundamental differences
which affect retracement, these systems can be consolidated to a total of six. In order of time, the first survey system in the province was the Hudson’s Bay Company Sections, all
located in the vicinity of Victoria and surveyed between 1851 and 1858. These parcels are irregular in
shape.

There are no field notes of record and plans are undimensioned, with parcel sizes derived from
attached metes and bounds descriptions. Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 3
The second system, introduced in 1858, is the Vancouver Island sections and ranges system, which
is a standardized system of rectangular parcels, not square, each containing 100 to 160 acres. The
boundaries usually, but not always, run in cardinal directions. The third system, utilizing sections, ranges and blocks, was also introduced in 1858, but on the
mainland, in the vicinity of New Westminster, then capital of the mainland colony. This was a copy of
the U.S. Township system, but with the sections reduced from 640 to 160 acres and the townships
called “Blocks”.

This system was used from 1858 to 1861, and only on Sea and Lulu Islands. The fourth system, the District Lot System, was introduced in 1859, with the survey of a number of
parcels along the north shore of the Fraser River and the south shore of Burrard Inlet. Although
parcels are irregular in size and shape, the surveyed boundaries usually run in cardinal directions. This
system, which eventually extended through most of the province, passed through many evolutions. The typical standard district lot is approximately 1 mile square, contains 640 acres and is divided into
4 quarters.

The four exterior quarter posts were usually posted in the course of the original survey,
and, in many cases, the centre post was also set, often by means of an unclosed half mile of line from
one of the exterior quarter posts. Size, shape, post density and boundary direction were subject to
endless variation; therefore it is essential that a land surveyor conducting any boundary retracement
have the original field notes in his possession before starting work. The fifth system, the Provincial Township System, first used in 1873 in the New Westminster District,
is a copy of the Dominion Township System, then in use in Manitoba and itself a derivative of the U.
S. system.

This system was used in extending legal surveys up the Fraser Valley in 1873 and 1874. An
attempt was made, by amendment to the Land Act in 1879, to standardize the survey methodology
and monumentation. The system was fairly widely used in some of the flatter parts of the Interior,
where agricultural lands were surveyed in advance of settlement. Never well suited to the
topographic conditions in British Columbia, its use, for new surveys, was terminated about 1914. A
variation of this system is found on some of the larger islands, near Vancouver Island, where sections
but no townships were created and the name of the island is substituted for a township number as
an identifier. The survey systems mentioned so far by number, i.e.

the third system, the forth system etc., are
Provincial survey systems. These are to be distinguished from the Dominion Township Survey Systems
that are also referenced by number. The Dominion Township System, was introduced into British Columbia as the result of a transfer, in
1883, from British Columbia to the Dominion Government, of a strip of land, (called the Railway Belt,)
40 miles wide, being twenty miles on each side of the Canadian Pacific Railway mainline from the
eastern boundary of the province to the Pacific coast. To compensate for lands previously alienated
within the Railway Belt, the Province later also transferred a 3.5 million acre block in the Peace River
District, called the Peace River Block, to the Dominion.

The survey of these large blocks became the
responsibility of the Dominion Government and surveys, accordingly, were conducted by Dominion
Land Surveyors, under the Dominion Township System. Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 4
Only the third, fourth and fifth Dominion Survey Systems were used In British Columbia. The third
Dominion Survey System was used in the Peace River Block, the fourth Dominion Survey System was
used in the Railway Belt. The fifth Dominion Survey System incorporates the third Provincial Survey
System in the Lower Fraser Valley. A map showing the extent of the fifth Dominion Survey System in
the Lower Fraser Valley can be found in CLSR field book 22359.

In general terms, surveys carried out under the Dominion system were completed under more
rigorous standards than those which applied to the various provincial systems in the same time
period. Survey standards, which may be reviewed by referring to the appropriate DLS Manual, were
clear and usually adhered to by Dominion Land Surveyors. Bearings, in particular, are generally much
more consistent than those found in Provincial surveys and monumentation is of a more permanent
nature. In 1930, those parts of the Railway Belt and the Peace River Block which had not been
alienated were transferred back to the Province. Bulletin 38 (Office of SG Canada – Historical publications) explains changes to monumentation
requirements for township surveys at difference times. See CLSR FB 30154.

4) Original Monumentation
As the original corner posts set in most surveys carried out between 1851 and the end of the Second
World War were made of wood, it is not surprising that the recovery of direct evidence of these posts,
in the modern period, is difficult and highly uncertain. Where there is sufficient topsoil for the post to
have been set below the grassroots level, identifiable rotted wood may still be recovered after the lapse
of many years, so careful digging may be well worth the effort in these conditions. Unfortunately, in
hardpan conditions, original posts were often driven to fairly shallow depths and fell over when their
points rotted off, leaving little evidence.

Similarly, in heavily wooded areas, where the soil is composed
of wood in various stages of decay, bits of rotted post can be very hard to distinguish. Another incentive for careful digging, in searching for evidence of old posts where the ground is
undisturbed is the fact that it appears to have been considered good practice, by some surveyors, to
bury pottery shards or bits of broken bottles at the base of newly set wooden posts. This evidence
may or may not be recorded in the original field notes. Stone mounds, often used where stones were
readily available, usually survive unless destroyed by human activity.

In most parts of British Columbia, bearing trees are by far the most likely part of a corner monument
to be found in place after a long time lapse. Under the Land Act of 1879, bearing trees, where
available, were required at all section corners and most surveyors of that period and later, working in
both the Provincial Township and District Lot systems, seem to have been reasonably diligent in
making them. Because some surveyors appear to have been a little careless in recording bearing trees in their field
notes, it is necessary to treat field note bearings and distances with a certain amount of caution.

Where there is conflict between recorded distances and those carved on the face of the tree, the
carved distance is probably more reliable. Recorded bearings to bearing trees are often less reliable
than recorded distances so distances should usually be given preference, where there is conflict. It is
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 5
also worth noting that bearing trees were sometimes carved but not recorded, so a search for
unrecorded bearing trees at a corner where none are recorded in the field book can also be rewarding.

Where bearing trees have been destroyed by fire or have rotted off in the course of time, the stumps
or roots will still provide conclusive evidence of the location of the corner, if they can be recovered
and identified with certainty. This may be accomplished by trial and error in the field, by fitting a
tentative corner location to a pattern of stumps, or, more conclusively, by tying all the nearby stumps
to the control traverse, plotting them to a large scale and then making a trial and error fit to a plot of
the original recorded bearing tree relationships, as derived from the field notes, plotted to the same
scale on a separate piece of paper.

5) Evidence of Occupation
While hedgerows or edges of clearings can also provide useful
evidence, fences, particularly in rural areas, and building corners,
particularly in dense urban areas, are the classic source of
occupational evidence for the retracement of boundaries. While
it is important to be able to reasonably relate the timing of
construction of the fence or building to a time period when the
original survey evidence is likely to have been in place, absolute
proof that the post was there when the building or fence was built
is not ordinarily required.

Since untreated wooden fence posts,
for an example, may last only twenty years or so, it is unlikely that
an individual fence corner post, viewed today, is the post that was
set shortly after the survey was completed, a hundred years ago. Because it is known that farmers generally renew their fences on
a continuing basis, replacing posts as they decay and keeping the
same location, it is inferred (subject to any conflicting evidence)
that the fence, as an object, is the same, though its component
parts have been renewed. "Although not conclusive, there is a strong presumption that
long-standing fences accurately mark boundary lines despite
the absence of an unbroken evidentiary chain."

Phillips v. Keefe, 2010 BCSC 2005 (CanLII)
Fences or fence corners may be accepted as evidence where FIGURE 1
there is no certainty as to the date of first construction, if there
is a pattern of fences and other evidence which are mutually
supportive. In the following hypothetical example as shown in Figure 1, a land surveyor is required
to retrace and repost the west boundaries of District Lots 603, 677 and 444, perhaps in connection
with an R/W survey being carried out in the area. Original evidence is recovered at the southwest
corner of D.L. 603 and at the northwest corner of D.L. 444, but all original evidence at the corners in
between appears to be missing.

Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 6
An old unsurveyed public road, depicted by broken lines on Figure 1, runs along these boundaries. Research indicates that all these district lots were surveyed separately between 1906 and 1909 and
that the lots were Crown granted before 1914. The field notes show all these boundaries as “NORTH,”
or “SOUTH”, with wooden posts at all the D.L. and quarter corners and all the distances as 40 chains,
(804.67 metres). Ministry of Transportation & Infrastructure records indicate a public road on
approximately this location at least since 1922. Old fences are found running east and west from the district lot and quarter corners of District Lots
602, 603, 677 and 793.

Fences on both sides of the old road in District Lots 602, 603, 677 and 793,
are about 12.2 metres apart. No occupational evidence is found along the west boundary of D.L. 444. Before commencing the control traverse, hubs are set centred between the road fences and on line
with the fences running east and west. The hubs are coordinated as part of the control traverse. It is
found that the overall distance from the SW corner of D.L. 603 to the NW corner of D.L. 444 is 4824.36
metres, a shortage of 3.66 metres, not an unusual result in surveys of that era. If there is no occupational evidence, it may be reasonable to re-establish the missing corners by
proration.

However, by comparing the distances between the hubs set from the fences, it is found
that there is a consistent shortage of 0.30 to 0.40 metres per quarter D.L. along the west boundaries
of District lots 603 and 677, with the balance of the shortage, 2.26 metres, in the west boundary of
District Lot 444. Bends in the order of two or three minutes of angle are found at each of the hubs
set from the fences. The solution adopted for this example is to accept the hubs at the district lot corners as true corners.

The quarter corners on the west boundaries of District Lots 603 and 677 are set at the same northing
as the fence lines, but on straight lines between the district lot corners, so that the bends occur at
the district lot corners. As there is no occupational evidence of the quarter corner on the west
boundary of D.L. 444, it is placed on a straight line between the corners of the district lot and
proportionately halfway between. The plan will indicate “fence lines” as evidence in the appropriate
locations.

If the land surveyor feels that further explanation of their boundary resolution than is
shown on their plan is required, they can prepare a letter and have the letter filed in land title office
records (or Surveyor General records) when the plan is deposited. While the legal authority for preference of evidence of
occupation over plan measurements is the same for
retracement of urban or suburban parcels as it is for large rural
Note
parcels, the practical procedures are different, in most cases. Particularly in the use of fence corners, the ability to relate the Relating a fence to the original
age of the fence to the time of the original survey may be useful.

survey posts was dealt with in
This is because of the relative ease with which untrained 1 (1), basic principles. individuals can lay out fences by measuring from other fences,
after the survey evidence has disappeared, where distances are
relatively short. As a general rule, fence corner evidence in
urban or suburban retracement surveys is most useful in the
oldest subdivisions, where plan measurements are indefinite
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 7
and where a surplus or shortage in a block exceeds 30 centimetres. A pattern of fences may also
provide useful corroboration of other evidence, such as unrecorded posts.

Building corners, the age of which can be reasonably related to the time when original survey
evidence was likely to have been in place, are usually the most significant occupational evidence in
urban retracement surveys. In any but the simplest urban retracement survey, it is very risky to
disregard old buildings, particularly where they appear to have been built to line. At a minimum, the
surveyor will coordinate them, see if there is a pattern of agreement between buildings and carefully
consider any posting decision which would upset the established pattern. Consider Barry v. Desrosiers;
In Barry v. Desrosiers, 1908, all the posts in the block were destroyed by fire 23 years prior to the
trial.

On being resurveyed, the block was found to be six inches short of the plan measurement. By proportioning the shortage over the entire block, Desrosiers' building was found to encroach
3/4 of an inch onto the adjoining lot. Held, on appeal, that the encroachment was not proven, as
there was no certainty that the error in the original measurement was evenly distributed among
the lots. (From presentation by Don Duffy at the 2005 BCLS AGM.)

6) Monuments Which Are Not Originals
The legal principle, found in the Land Survey Act and in many judicial decisions, that original
monuments in their original positions are conclusive evidence of boundaries does not, of course,
apply to survey monuments which have been set in the course of retracement surveys, or through
any other procedure, unless they have been set or confirmed by judicial order. Before relying on any
monument, except an original, the surveyor must satisfy himself as to its reliability. Survey posts, which may not be originals, but which can be persuasive evidence of the location of true
corners, come from many sources.

Some, consisting of spikes, bars or angle irons, may have been
placed by property owners or other individuals, in or beside rotting wooden posts, in the interest of
preserving the corner. Many similar pieces of metal were placed by surveyors in the early and middle
periods of provincial surveying, when there were no standard metal posts but the surveyors
recognized that something more durable than wood was needed. Although many of the early
repostings by surveyors were recorded in their own field books, there existed no means of placing
them in the public record until 1962, when provision for the filing of posting plans was made in the
Land Registry Act (now Land Title Act).

For these reasons, there is much corner evidence, most of
which is probably the best available, which is of uncertain validity but which cannot lightly be
disregarded. To add to the uncertainty, some surveyors and most land title offices have treated posts recorded on
posting plans as inferior, in some way, to posts recorded on subdivision or reference plans. The
examination of posting plans, in some land title offices has been perfunctory and there has been no
review of the evidence on which the survey was based. Plans which show only posts set, with no
indication of old evidence, have routinely been accepted. An Ontario court case, Richmond Hill Furriers vs. Clarissa Developments Inc. (7RPR3d66), provides
further guidance.

In simple terms (the actual lot dimensions are more complicated) a subdivision plan
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 8
was prepared with five lots of 100 foot width and a 25 foot road allowance along the south edge (a
total block length of 525 feet). This first plan was not registered, and subsequently the surveyor
prepared a second subdivision plan creating five lots of 97 foot width with a 40 foot road allowance
along the south edge (still a total block length of 525 feet). Unfortunately, the posts in the field from
the first survey were not moved to the new plan locations, and remained at the 100 foot intervals.

Over the years several additional surveys were done in the block and, not surprisingly, various
solutions were used. In the 1950's, the problem was submitted to the Ontario Boundaries Act
Tribunal, which decided that the posts as found should govern. However, upon appeal the court ruled
that the posts in the field were not original posts set on the registered plan and therefore were not
original posts in place. The lots were deemed to be 97 feet wide (more or less) but not defined by the
location of the posts which were set on the first unregistered plan.

The court further stated that the
hierarchy of evidence can only apply when there is an ambiguity, and since the posts found were not
set to represent the registered plan, and since the original field notes showing 100 foot lots were
available, there is no ambiguity. In this case, the plan is the best evidence of the location of the
boundaries. All this means that there can be no fixed rules as to the acceptance or rejection, by the surveyor, of
corner posts which are obviously not originals. If field notes or posting plans are available, (and
assuming the posting plans show old evidence), the surveyor can review the evidential process by
which the posts were set.

If no such information is available, the surveyor can look for conflicts with
occupation or plan measurements. The view taken by most experienced surveyors is that posts which
are not originals should be accepted as found unless there is persuasive evidence that they are wrong. The decision as to how much checking is necessary before acceptance is, ultimately, the professional
responsibility of the surveyor. 7) Coordinates As Evidence
The introduction and widespread promulgation of Integrated Survey Areas in the province has led to
much discussion as to the present and future role of integrated survey coordinates in re-
establishment of missing property corners.

Section 14 of the Land Survey Act, states that “coordinates
that may be derived from the plan for those original monuments are evidence of their positions and
must be considered ........”. In the absence of judicial decisions on the subject, it is probably safe to
say that the hierarchy of evidence still applies in Integrated Survey Areas but that ISA coordinates
must be considered where the original monument is missing. Had the Legislature intended

Section 14
to abrogate the Common Law, as long established by judicial decisions, it would normally have
indicated this by a clear statement of its intention. Until this happens, or until the courts provide
further clarification, coordinates should only be used in the absence of better evidence. 8) Recording Result of Searches
It is a land surveyor’s duty to make clear on every plan the results of all searches made, whether
successful or not, in order that another land surveyor can easily understand the methodology used to
re-establish a boundary.

With this in mind, it shall be considered good practice to place clarifying
notes on plans in the following instances:
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 9
(1) where evidence has been searched for and nothing was found. (2) where an original monument was found disturbed and has been restored or replaced. (3) where a monument cannot be placed at a true corner. (4) where occupational evidence such as fences or buildings is used. (5) when the method used to re-establish boundaries may not be clear. (6) where the origin of the evidence is unclear, the surveyor should state the source of the
evidence on the plan.

For example, a monument may have been set on an old posting plan, or
may have been recorded in historical field notes, municipal records, etc. In the case where the
evidentiary note is too large to place on the plan, the surveyor should consider filing a
surveyor's letter with the Land Title and Survey Authority. Part 2 – Prorating & Reestablishment Of Boundaries
The guiding principle for boundary re-establishment is to use the best evidence available in each situation
to attempt to replace the property corners, and the boundaries they are set to represent, in the same
location as the original survey. Prorating is a tool that can be used to accomplish this after exhausting all
other avenues.

In 1989 The Carswell Co. Ltd. published a book titled Survey Law In Canada. This book is a series of papers
by respected land surveyors, some of whom are also lawyers, jointly prepared by The Canadian Institute
of Surveying and Mapping (now known as The Canadian Institute of Geomatics) and the Canadian Council
of Land Surveyors. Chapter 4 provides the following sections which are important principles to consider
when commencing a survey to re-establish a previous survey. 4.43 At all times, the location of a boundary of a parcel is a question of fact to be based on evidence.

The orders of reliability of evidence that are definitive of a boundary reflect those things which
the courts have found least likely of error, namely, first preference to the natural boundaries
of parcels; second preference to original monuments placed or recognized by survey; third
preference to features of possessory evidence that can be related in time to the original survey
(this is not adverse possession); and fourth preference to measurements.3
4.44 This placement of linear and angular measurements, as evidence, in a position of least weight
is not a mark of discredit to the surveyor.

Rather than that, it is the realization that there is
more to fixing a boundary than using measured dimensions from other points which may be
equally uncertain in position or deducing that a given line is straight simply because a single
direction is recorded for it. Modern techniques can reproduce stated dimensions within very
fine limits and lines can be run straight, but old lines and dimensions, set out and measured
with quite different equipment such as Gunter's chain, with its actual links, for distances and
the magnetic compass for directions, were almost invariably inaccurate and imprecise.

Alternatively, the marks may be considered to be incorrectly placed and in error from the
3 See Chapter 8, Part 2 for hierarchy of evidence
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 10
recorded dimensions; this may give grounds for resurvey, that is, for a new definition. Obviously, long-accepted features, to which property owners have lived quietly and to which
they have acquiesced as their boundaries, cannot be lightly upset.

4.46 There are two possible situations that may emerge in examining a parcel on the ground and
the title records of that same parcel: (1) that the fences or other occupational evidence may
or may not be on the boundaries; and (2) that the stated dimensions of an original title plan
may or may not be accurate (and the older the plan, the less accurate it will probably be as a
reflection of the true dimensions). This points to the need for the surveyor to address these
critical situations in his analysis of the evidence, and in his subsequent written report to his
client in which he expresses his opinion.

4.52 The point must be made that once the original surveyed lines, faulty for distance and crooked
from compass error as they may be, were recognized by the settlers and converted to physical
features and once a lot line, not run in the original Crown survey, emerged as a physical
feature, whether from a known survey of the lot line or not, then it would appear that the
courts are reluctant to decide for any other line than that which comes from the long standing
acceptance of the adjoining owners. This is entirely logical. The argument as to whether this is
the lot line by the Surveys Act or some other type of lot line (e.g., lot line by occupation or
established lot line) becomes nonsensical.

There is inherent and common sense logic against
changing the title records for each failure on the ground-based facts to conform to the theory
of the system for corners and lines and numerical values as there are stated in records and
intended to express the position of boundaries on the ground. From

section 4.43 it can be seen that measurements, under which prorating would be categorized, has a
lower preference in the hierarchy of evidence and for the purposes of this paper when prorating is used
it will be assumed that all evidence of a higher nature has been diligently and fully searched for but not
found. In general terms, prorating can be defined as the orderly proportionment of a difference between a plan
distance and a measured distance. It is most commonly used to allow for the orderly adjustment of small
differences between “undisputed corners” when intermediate boundaries lie between those undisputed
corners.

If a surveyor
measures across the
frontage of five city lots
which each have a plan
distance of 20.00 and finds a
measured distance of
100.05, each lot would be
given a measured frontage
of 20.01 as shown in Figure
FIGURE 2
2. The standard formula that
would be used in calculating
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 11
this measured frontage is: total measured distance divided by total plan distance times individual plan
distance. In this example: 100.05 / 100.00 x 20.00 = 20.01. There will come a point though, when the magnitude of the difference between the plan distance and the
measured distance between undisputed corners becomes so large that a proration will not satisfy the
guiding principle of boundary reconstruction.

There is no specific magnitude of difference that will rule
out a proration in all cases. Each case will have to be judged on an individual basis. Some factors that may
come into play in determining the proration threshold may be, but are not limited to:
(1) The age of the original survey. A smaller difference would be expected against an original survey
conducted in 1978 than an original survey conducted in 1878. Equipment and methods had improved
significantly over a one hundred-year period. (2) The reputation of the original surveyor. A magnitude of difference typical of comparison with one
surveyor may not be typical of another surveyor. (3) Difficulty of terrain. Steep terrain tends to magnify the discrepancies between older and newer
equipment and methods.

(4) Conditions in the field at the time of the original survey. Although corrections should be applied to
field measurements to correct for temperature and other factors, the reality of performing surveys
at minus 400 C in January or at 20 C in a driving October rain make comparisons with a survey
conducted on a pleasant 200 C day in July difficult. When the magnitude of difference with an original survey reaches the point where the proration
threshold has been exceeded, the surveyor must use an alternate method to make sure the boundaries
are correctly re-established. Some things to consider at that point may be:
(1) Is the magnitude of the difference with an original survey due to an error in the original survey?

If
so, errors are to be isolated and dealt with. Differences due to errors are not to be prorated into
adjoining lots. (2) Have the adjoining lots or blocks been explored to look for differences of similar magnitudes in
opposite directions? (3) Could adjoining road allowances have been posted at a different width than the original plan
indicates? (4) Ties to old fences and/or gaps between houses in a block may be required to see if they are evenly
spaced. (5) Subsequent surveys may have attempted to deal with the excess or shortage. Did the previous
survey deal with the excess or shortage correctly? If the previous survey made an error in principle,
there is no reason to repeat the error.

(BCSC 4990/69, O’Connor v. Corra and Tolusso)
(6) Services, such as hydro poles or sidewalks, may have been constructed that could reasonably be
traced back to the time of the original survey. Records of these services may be contained in
municipal archives or the field books of other land surveyors. Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 12
The land surveyor must be aware of the basic principle of re-establishing boundaries.

If a decision to
prorate is deemed the best solution and the posting fits the occupation then the decision may well be the
correct one, however, if the posting based on proration does not fit the occupation the greater likelihood
is that proration is not the method that will put the boundaries back in their original position. The argument that simply prorating a discrepancy between all owners affected is fair to everyone is not
valid in law. The duties and responsibilities of the land surveyor with respect to both the survey structure
and the individual owners are to replace the boundaries as close to their original positions as evidence
may allow.

Even newer fences may have been constructed to replace older fences that were constructed
based on the original survey. This may give the fence line third preference in the hierarchy of evidence
and place it above a mathematical solution involving proration. There are instances where an
original plan indicates the
plan distance of a particular
lot, usually at the end of a
block of lots, as "more or
less" by either using those
words directly on the plan or
attaching the "plus or minus"
FIGURE 3
sign after the distance as
shown in Figure 3.

This can
usually be taken to mean the original surveyor intended to set plan distances for the lots indicated without
the plus or minus sign and put all difference in the block in the lot marked with the plus or minus sign. Re-
establishing this block by doing just that may be the correct solution, however, the guiding principle of
boundary reconstruction and all other evidence must be considered prior to adopting a mathematical
solution. When determining the plan distances to prorate against, the land surveyor shall be careful not to double
prorate.

In Figures 4 & 5, lots 1 and 2 are subdivided into three lots: A, B & C.
The plan distance across lot 1,
60.00, across the lane, 6.00,
and across lot 10, 60.00, is
126.00. The measured
distance between the old iron
posts representing the two
block corners is 126.12. FIGURE 4
The calculation for determining the frontages of lots 1 and 10 would be as follows:
(126.12 - 6.00 = 120.12) / 120.00 x 60.00 = 60.06
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 13
With the lane being given plan width of 6.00, and the surplus prorated between lots 1 and 10.

Lots A, B
and C are then assigned equal frontages of: 60.06 / 3 = 20.02
In Figure 5 another surveyor
has been asked to replace the
corners of lots A, B and C and
measures the distance
between the old iron posts as
126.06. In determining the
overall plan distance
between the two old iron
posts, the original distance
across former Lot 1, 60.00,
FIGURE 5
shall be used, not the new
plan distance across lots A, B
and C of 60.06.

If the new plan distance for lots A, B and C, 60.06, were used instead of the original plan
distance across former lot 1, 60.00, the calculation for the measured distance across lot 10 would look
like this: (126.06 - 6.00 = 120.06) / 120.06 x 60.00 = 60.00 and the calculation for the measured distance
across lots A, B and C would look like this: (126.06 - 6.00 = 120.06) / 120.06 x 60.06 = 60.06
Although this calculation agrees nicely with the plan creating lots A, B and C, it leaves the two original lots
1 and 10 with different measured distances; 60.00 for lot 10 and 60.06 for lot 1. This is incorrect.

The
calculation for lot 10 and for former lot 1 should be: (126.06 - 6.00 = 120.06) / 120.00, original plan
distances across lots 1 & 10, x 60.00 = 60.03
This correct solution keeps the distances across the original lots 1 and 10 in their correct proportions and
avoids double proration. Lots A, B and C would then be given their prorated dimensions as: 60.03 / 60.06
x 20.02 = 20.01. Re-establishing boundaries that are
arcs of circular curves can be awkward
due to the extra mathematical
constraints involved in the geometry
of curves as shown in Figure 6. The
generally accepted basic principle
involving re-establishment of curves is
that the radius of the original curve be
held.

While this is usually the accepted FIGURE 6
procedure it must not override the
guiding principle of re-establishing
boundaries. This may involve changing the radius, making the curve non-tangential or adjusting the
beginning and/or end of curve as the best evidence of the situation dictates. Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 14
1) Width of Roads

Section 5(3) of the Land Survey Act states:
(3) If a portion of the township, range or section line on which the corner, mound, post or
monument was or should have been planted in the original survey is obliterated and lost, the
surveyor must (a) run a line, similar to that shown on the original plan and field notes, between
the 2 nearest points or places where the line can be clearly and satisfactorily ascertained, and
(b) plant all intermediate posts or monuments as necessary in the line ascertained, giving the
exact breadth to any allowance for a road or roads set out in the original survey. In accordance with

section 5(3)(b) it has been accepted practice to make roads the width as stated on
the plan that established the road when re-establishing corners through proration, unless there is
evidence to the contrary, such as dimensions found in field notes of the original survey. 2) Summary on Proration

Section 5(2) of the Land Survey Act (formerly the Official Surveys Act) states that, under certain
circumstances, roads must be given their full width when being re-established. This may have been
implemented in order that any improvements placed on or in the road allowance remain within that
allowance. However,

Section 5 makes this statement with the following caveat; "If it cannot be
satisfactorily ascertained, then the surveyor shall measure the true distance between the nearest
undisputed corners .... giving the exact breadth to any allowance for a road ....". This clearly indicates
that roads shall be given their full width only when there is no better evidence to the contrary. Some general principles with respect to proration:
a) If the surplus or shortage is well beyond the limits of normal survey discrepancies caused by
temperature, tension, sag or poorly calibrated chains or EDMs, look for a gross error. Gross
errors are to be isolated and dealt with individually.

b) If a block consists of lots of equal dimension and a balance odd lot at one end or the other, it
may be prudent to consider laying out the lots of equal dimension at plan distance, with all the
surplus or shortage in the odd lot. c) Consider the possibility that the road adjoining the block was not laid out at the plan width. This
is distinctly possible and all the surplus or shortage may belong in the road, notwithstanding
Section (5) 3 of the Land Survey Act. d) Consider carefully the position of the road when one block is long and the adjoining block is
short by a similar amount.

e) Research, research and more research is needed when you differ from the previous surveyor
by large amounts. Every effort must be made to determine what the previous surveyor did by
personally discussing the situation with the previous surveyor and by making a thorough
examination of all legal survey and tenure records in the land title register and, if applicable, in
the Crown land registry. Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 15
f) Use proration with extreme caution and remember it is last in the hierarchy of evidence and
should only be used where there is no other better evidence available. g) Consider alternatives to the solution that you are presently going to act on.

With a little
additional field work, or a different approach to the problem, you may be able to come up with
a better solution. 3) Missing Diagonals
One of the problems encountered by land
surveyors is when the diagonal corners of a
parcel, for example a district lot, are the only
original corners remaining as shown in Figure 7. If there are adjoining district lots then further
searches can be made for other original
monumentation so that consideration may be
given to re-establishing the missing corners by
producing adjoining lot lines the plan distance.

In the case of an isolated single district lot,
when the bearings have been properly
reconciled and the length of the diagonal is in
reasonable agreement with the original survey,
the Land Survey Act would require a bearing-
FIGURE 7
bearing solution based on the angles off the
diagonal. This solution will also ensure that the
ratio between the plan and measured distances for the four boundaries of the D.L. are in the same
ratio as the plan and measured distances for the diagonal. It also has the advantage of retaining the
correct angles at the four corners of the D.L. In all cases when a solution has been determined a
further search for old evidence, based on that solution, should be carried out prior to posting.

4) Witness Corners or Line Posts
There are several situations respecting witness corners and/or line posts. What situation presents
itself to the land surveyor depends on the details on the plan and the rules in force at the time the
survey was made. a) The current Rules (SPR 2-10(1)(c ) & (d)) state that where a corner is unsuitable for posting, a
single witness post is to be set but only if that location is within 20 m of the true corner.

If a
witness post can not be set within 20 m of the true corner, then posts of the type that would
be required at the true corner must be set on each boundary radiating from the witnessed
corner and, in this case, the posts set are line posts and must not be marked as witness posts. Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 16
b) Occasionally an original district lot survey
will show one corner witnessed on both
intersecting lines with two plan distances
as shown in Figure 8.

Both original posts were marked as
witness posts and both had plan distances
to the witnessed corner (not restricted to
a maximum of 20 m) marked on the plan
and often carved or stamped into the post
itself. In a situation where both
witnessing posts are found and have been
deemed to be undisturbed and
FIGURE 8
representative of the boundaries they
were set to define, the general rule would
be to produce both boundaries to
intersection as if the posts were line posts. A measurement, such as a witness dimension, is
fourth in the hierarchy of evidence and should only be used in the absence of any other better
evidence of a boundary.

In this case the two undisturbed posts are the better evidence of the
boundaries than the witness dimensions. Rare circumstances may require an exception to this
general rule where, in the opinion of the land surveyor, the best evidence available would
indicate another location of the original boundaries. This practice of placing two witness posts
at the same corner was amended in the General Survey Instructions Rules in 1991, and

Section
9 (22) (2) of the GSIR. Also see GSIR Part 8, Division 2 regarding witness posts for Block Outline
Surveys in the E and N Railway Grant lands. c) Occasionally an original district lot survey will show one corner evidenced on both intersecting
lines with two posts and two plan distances but without indicating that the posts are witness
posts. The general rule would be to treat these posts as line posts.

Part 3 – Gores & Overlaps
1) Background
In discussing gores and overlaps in the context of legal surveys, it is useful to refer to them as
“apparent gores,” and “apparent overlaps.” This is because what appears, at first glance, to be an
unintended gore between, or overlap of, adjacent surveyed parcels may often be found not to exist
after the land surveyor has evaluated the application of common law and the Land Survey Act to the
preliminary findings. What appears to be a gore or overlap usually results from an inaccurate or
incomplete survey, where one or more of the parcels the surveyor created were intended to abut a
pre-existing section or district lot boundary.

Most of the apparent gores and overlaps which land
surveyors have had to deal with during the modern (post 1947) period were created during the early
(pre 1915) and middle (1915 to 1947) periods of B.C. surveying history, sometimes due to mistakes
but mostly because, for reasons of economy, surveyors failed to adequately define pre-existing
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 17
section or district lot boundaries which were intended to form one limit of the new parcel. It was far
cheaper simply to turn a 90 degree angle than to run out some distance to the previous corner,
particularly in rough and wooded terrain.

There also appears to have been a failure, on the part of some land surveyors, who acquired their
training and formative experience in the early period, when practically all surveys were original, to
understand and appreciate the need to search for and evaluate old evidence. During the early (land rush) period of Crown land surveying, numerous apparent gores and overlaps
were created, between primary parcels, particularly in the district lot system, when surveyors,
working from different points of commencement, failed to make appropriate ties to closely abutting
surveys. Many of these were sorted out at the time but some have remained undetected into modern
times.

When a land surveyor discovers an apparent gore or overlap between district lots, where one
or both parcels remain vested in the Crown, the first step is to advise the Surveyor General, who can
sometimes provide a simple solution to the problem. The relatively lax standards for preparation of plans under the Land Registry Act (now Land Title Act)
during the early and middle periods add to the difficulties which face the modern surveyor in
evaluating apparent gores or overlaps. Corner evidence which defines pre-existing corners is often
not shown on the plan, or, if shown, may be nothing more than a hollow circle, with no indication as
to whether this presumed post was found or set in the course of the survey.

In the face of this, the
presumption will usually be that the post is legitimate, but other contravening evidence, especially
occupation, must also be evaluated if it exists. There are several judicial decisions, in British Columbia and elsewhere, which demonstrate that,
where the survey of a new parcel apparently overlaps a pre-existing parcel, that portion of the new
parcel which overlaps the old is a nullity, that is, does not exist. The logic of this is simple. If the owner
of the SW quarter of D.L. 123 engages a surveyor to survey a parcel which abuts his north boundary
and the surveyor mistakenly overlaps the new parcel into the NW quarter, the owner cannot acquire
ownership of the overlap because of the surveyor’s mistake.

Even if the mistake is not discovered
until many years after it occurs, the north boundary will be where it always truly was - at the actual
location of the quarter line. The subdivider could not convey land he did not own. 2) McKellar & Kelly vs Fotsch & Purden, 1988
Until 1988, the common law with respect to gores was much less clear. McKellar vs. Fotsch, (BC
Supreme Court, New Westminster Registry, Jan., 1988) went a long way to clarify this. See Figure 9. The facts of this case are as follows: In 1956, Sarah Anne Purden, the owner of the
easterly 310 acres of District Lot 211, agreed to sell to J.W.

Moore that part of her land lying between
the Pemberton-Portage Road and the Lillooet River. She engaged the services of H.A. Cornwall, BCLS,
to survey the parcel. In 1959, Cornwall’s plan was deposited in the Land Registry Office as Plan 9479
and the title to Lot 1, Plan 9479, was conveyed to Moore. Cornwall’s plan shows the east boundary
of Lot 1 as being the east boundary of D.L. 211, with a bearing of north zero degrees twenty-six
minutes east, both north and south of the road.

Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 18
Some eight years
after the deposit of
the Cornwall plan,
Alan Tolliday, BCLS,
was engaged to
survey and prepare
a plan of subdivision
of part of the
adjacent District Lot
210, which plan was
subsequently
deposited as Plan
20157. As a first step FIGURE 9 FIGURE 10
in defining the
boundary between
the district lots, Tolliday quite logically produced a line through the three iron pins on the east
boundary of Plan 9479 in a northerly direction to the vicinity of the NE corner of D.L. 211.

When he
found, by doing this, that he missed the original monument at the northeast corner by about 150 feet,
he chose to disregard the Cornwall iron pins and to define the district lot boundary by running
Astronomic South, by stellar observation, from the original monument to the river. Using this
methodology, he found, as depicted on Figure 1, that Cornwall’s posts were far to the west of the
true boundary, that the Cornwall plan bearings were about three degrees off, and that there was an
apparent gore containing 0.72 acre, between Lot 1 and the east boundary of D.L. 211.

Although the specific method used by Tolliday in re-defining this boundary may be arguable, that was
never an issue in the subsequent legal action and the district lot boundary defined by Tolliday was
confirmed by the judge as the true boundary between District Lots 210 and 211. There was also some
discussion of the fact that Cornwall’s three posts were reset in concrete by the first owner of Lot 1,
and may thereby have been shifted slightly, but this, too, was found irrelevant to the main issue. By the time the matter reached the BC Supreme Court, there were three claimants to the apparent
gore, McKellar, the owner of Lot 1, Fotsch, the owner of the Lot A, D.L. 210 and G.B.

Purden, son of
Sarah Anne and owner of the remainder of the parent title in D.L. 211. McKellar was plaintiff in the
action, with Fotsch and Purden the defendants. Although some argument was advanced on behalf of
Fotsch, on grounds of occupation, because he had occupied the “gore” by mistake due to the
erroneous Cornwall survey, the principal argument advanced by the defence relied on Sections 1 and
2 of the Land Survey Act, which state that all corners of primary parcels, set “under the authority of
the Province”, are the true and unalterable corners.

In determining that there was no gore and that
the apparent gore is part of Lot 1, the judge decided that these two sections of the act apply to original
surveys, but not to retracement surveys. The logic of this is that the duty of the surveyor, Cornwall, had two components, the first being to re-
establish an existing boundary, which was also a boundary of his new survey, and the second being
to post the corners of the new parcel and record the posts by plan.

The judge ruled that the fact that
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 19
Cornwall failed to correctly re-establish the boundary could not negate the clear intent, which was to
make the east boundary of Lot 1 coincide with the east boundary of the district lot. In other words,
the posts set by Cornwall govern the boundaries of Lot 1, except where they represent an incorrect
location of a pre-existing boundary. 3) Practical Considerations
While McKellar vs. Fotsch is helpful in providing guidance in dealing with apparent gores, there is still
some uncertainty as to the extent of its application.

When dealing with an apparent gore or overlap,
as with any evidential situation where there is legal uncertainty, the surveyor needs to keep his client
informed as to any legal risks which may flow from decisions the surveyor has made. There is also always the question of how much reliance can be placed on old posts which are
purported to be on line when the modern surveyor is carrying out a survey, one or more boundaries
of which abut pre-existing lines. A couple of hypothetical examples may be helpful. See Figures 9 and
10.A proposed subdivision of part of the SW 1/4 of D.L. 764 is being prepared as shown on Figure 9.

It abuts Lot 1 which was surveyed out of the SE 1/4, which was created by a subdivision plan deposited
in 1935. This plan shows no evidence, either found or set, except for an unlabelled hollow circle at
the south quarter point of the district lot. A search for evidence reveals old angle irons at the southwest and northwest corners of Lot 1,
supported by old fences.

It is decided to accept the old angle iron at the southwest corner as the true
corner and also as a 33 foot witness to the quarter corner, but it is determined that, without further
investigation, the old angle iron at the northwest corner of Lot 1 cannot be accepted as being on the
true north-south quarter line, because there is nothing on the old plan to indicate that this line was
run in the course of the subdivision survey. Accordingly, after further work, it is decided to place the
northeast corner of the subdivision on a straight line between the SW corner of Lot 1 and the quarter
point at the centre of the district lot as defined.

The plan will show a tie to the old angle iron near the
northwest corner of Lot 1, and, in accordance with the decision in McKellar vs. Fotsch, the plan will
show Lot 1 extending to the quarter line if it is found that the old angle iron is easterly of the true
quarter line. If it is found that Lot 1, as surveyed, overlaps into the SW 1/4, then that part which
overlaps is a nullity, since the owner of the SE 1/4 could not have acquired and transferred the area
of the overlay by means of an erroneous survey. The northwest corner of Lot 1 will be shown as being
on the quarter line.

Referring to Figure 10, there is a similar situation, except that the old R/W plan clearly shows the
evidence used to establish the quarter section boundary upon which it is based. It is always incumbent
upon the land surveyor to ensure that pre-existing boundaries are correctly re-established, and it is
therefore prudent to survey the full length of the quarter line. In Figure 10, provided that there is
good agreement with measurements shown on Plan 21246 and that Plan 21246 appears to have
correctly and accurately re-established the true quarter line, it may be acceptable to not go beyond
the posts on the R/W plan in retracing the quarter line.

Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 20
In dealing with apparent gores, overlaps and posts off line, it is always necessary for the land surveyor
to keep to the tenets of the Land Survey Act and case law, and to use common sense in the evaluation
of results. It is also necessary to treat any survey which discloses major encroachment of long-standing
improvements with a great deal of care and to ensure that the client is made aware of any legal
uncertainties if potential encroachments are involved. Part 4 – Natural Boundary Determination Principles
During the course of conducting a survey, British Columbia land surveyors are regularly called upon to
determine the location of natural boundaries.

The purpose of this section is to provide some guidelines
to land surveyors when determining the location of natural boundaries. The location of natural boundaries can be difficult to determine without actually being on site. Natural
boundary determination often requires considerable professional judgement and may create a situation
where the land surveyor could be called upon to defend his or her professional judgement against
challenges of various kinds. Given, for example, the high property values of waterfront parcels, and the fact that there are often strict
building setback requirements from natural boundaries, the land surveyor should exercise increased
diligence in determining the location of natural boundaries, and if possible be in attendance when
determining these locations.

The Land Act of British Columbia defines the natural boundary as: “The visible high water mark of any
lake, river, stream, or other body of water where the presence and action of the water are so common
and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the body of
water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself.”
This definition comes from the court case, Howard et al vs. Ingersoll (1851), 13 How. 381. While the case
dealt with fresh water, the same principles can also be applied to tidal waters.

The Manual of Instructions for the Survey of Canada Lands defines the ordinary high water mark as: “The
limit or edge of the bed of a body of water. In the case of non-tidal waters, it may be called the bank”. In the
same manual, the natural boundary is defined as “A boundary defined by a natural feature such as the bank
of a body of water or the middle thread of a stream”. Further, in the same manual, the bed is defined as
“The bed of a body of water is the land covered so long by water as to wrest it from vegetation, or as to
mark a distinct character upon the vegetation where it extends into the water or upon the soil itself”.

Older survey plans used the term high water mark to define what we now call the natural boundary. The
general public also uses the term high water mark and in the case of the ocean, they often see the flotsam
and jetsam left by the previous high tide and they consider that as being the high water mark. It is little
wonder there is confusion over the location of the natural boundary! Older surveys were performed and plans were prepared using different technology and different
standards than apply today. This has resulted in the location of natural boundaries shown crudely and
inaccurately on many older plans.

The inaccuracy of the depiction of the natural boundary can be
corrected by following the procedures outlined in Circular Letter number 477A issued by the Surveyor
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 21
General of British Columbia. Matters dealing with erosion, avulsion, and accretion are also dealt with in
various Circular Letters from the Surveyor General. Natural boundaries that are external perimeter boundaries must be surveyed more accurately than other
natural boundaries that are wholly inside surveyed parcels. Various sections in the Rules deal with the
surveys of natural boundaries when preparing plans made pursuant to the Land Act, and the Land Title
Act, the Mineral Tenure Act, and general rights of way, highway and railway surveys.

In order to be
consistent in terminology and so that present and future owners may know their legal position respecting
a waterfront parcel, water boundaries must be clearly labelled on plans to indicate the situation at the
time of the survey. The following terms should be used:
(1) where the present and original natural boundaries are in different positions, “Present Natural
Boundary” and “Natural Boundary according to Plan ________.”
(2) where the present and original natural boundaries are coincidental, “Present Natural Boundary and
Natural Boundary according to Plan ________.”
(3) where fill or excavation has occurred, the limits of the fill or excavation are to be labelled as “Limit
of Fill” or “Limit of Excavation”, as appropriate.

The location of the limit of fill or limit of excavation
ought to be where the present natural boundary would have been if the fill or excavation were to
have been caused by natural means. On natural boundaries of tidal waters, there are usually two situations that are applicable. There can
either be solid rock or beach frontage. On solid rock, there is usually a “black line” above the sea growth
that indicates the high water level. On vertical or near vertical solid rock the natural boundary is slightly
higher than this black line. On solid rock that is gradually sloping, it is more difficult to determine the
natural boundary.

One must look for any evidence of where the tidal action meets the vegetation and
that can often be only moss or lichen. On ocean beach frontage, there is often a line at which the upland vegetation ceases to grow. The land
surveyor should carefully examine the vegetation above this line to ensure that it is permanent (not
seasonal growth) and that it is indicative of terrestrial vegetation. The land surveyor should observe the
accumulation of driftwood and debris. Often there are large logs thrown up by storms that are lying at,
or even above, the natural boundary. The location of the natural boundary is at the limit of permanent
upland vegetation and where the soil types change so as to contain organic material.

(In contrast, soils
below the natural boundary are water washed enough so that organic materials cannot accumulate.) Sometimes the natural boundary of tidal waters is nicely defined by both a change in vegetation type and
in the natural of the soil, but not always: sometimes the natural boundary falls upon rock and there is no
vegetation. On solid rock, sometimes a type of water tolerant lichen grows that appears as a “black belt”
upon the rock. Although not definitive, land surveyors have been accepting the top of this belt as the

The land surveyor must be as diligent in determining the location of a natural boundary
as they would an artificial boundary and should seek corroborative evidence such as moss or lichen which
only grows above the natural boundary. Occasionally, the upland limit of a sandy beach may appear to be above the surrounding natural
boundary. This may be caused by sand blown inland. The upland limit of the edge of vegetation in this
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 22
case is not caused by the action of water, but by the action of wind, and would therefore not be indicative
of the natural boundary.

In this case, a land surveyor should carefully inspect the limit of the natural
boundary on either side of the wind blown sand, and may have to extrapolate where the natural would
likely join the known locations of the natural boundary on either side of the beach. On lakes, the natural boundary is generally well defined on the ground by the distinct line where the grass
and vegetation cease to grow. Creek and river beds are most often similar to lake frontage in that there
is usually a distinct line where the vegetation ceases to grow. On some small seasonal watercourses the
vegetation grows right through them and therefore there is no natural boundary.

It should be noted that
on lakes, rivers, and streams, spring freshets typically over-flow the natural boundary. 1) Accretion
Accretion is the gradual and imperceptible natural deposition of land to an upland parcel. This may
be a natural process or it could be caused by a natural process as a result of a structure placed on
another property by another party. (See Occasional Paper No. 5, March 1995, Ministry of
Environment, Lands and Parks, Land and Water Programs Branch.) Under common law lawful accretion belongs to the owner of the upland parcel to which it attaches.

To be considered as lawful accretion the new land must:
a) Build upon the existing natural boundary from the upland parcel,
b) The rate of accumulation must be slow and imperceptible, that is, the upland accumulation
cannot be noticed hour by hour or day by day, but perhaps can be noticed month by month or
year by year,
c) The new land must not be forming as a direct result of the upland owner, for his own benefit,
intentionally causing the new land to form. However, if the new land is forming as a result of the
placement of something up-stream or up-current such as a groyne, the new land may in certain
circumstances be considered as lawful accretion.

2) Reliction
Reliction is defined in various texts as:
• The “gradual change of water line on real property which gives the owner more dry land.”
• “the gradual recession of water leaving land permanently uncovered.”
• “Increase in the land area due to the gradual recession or shrinkage of a body of water such as
a lake or sea, or change in the boundaries of a land due to a change of course by a river or
stream”. The process of Reliction is also referred to as Dereliction.

Black’s Law Dictionary defines Dereliction
as: “An increase of land caused by the receding of a sea, river, or stream from its usual watermark.”
Under common law new land that has formed as the result of slow and natural reliction, and which
has taken on upland characteristics, is considered to be lawful accretion. Like accretion, this new land
can be brought into a certificate of title through an application to the Surveyor General pursuant to

section 94(1)(c ) of the Land Title Act. (See Circular Letter 477A)
Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 23
Land that has taken on upland characteristics downstream of a dam solely or primarily as a result of
the dam’s action on the flow of water in a river or stream is not considered to be lawful accretion. Rather this ‘new land’ remains owned by the owner of the river or stream (generally the Crown). The
waterward boundary of properties along the river or stream remains in the location of the natural
boundary as it was the moment before the dam began interfering with the natural flow of the water.

Conversely, upstream of dam the limit of ownership of a parcel having a natural boundary remains at
the natural boundary the moment before the dam began impeding water. So, even though much of
a parcel may be submerged, the land remains owned and the limit of ownership is at the natural
boundary in its location just prior to flooding. 3) Erosion
Erosion is defined as the “act or operation of wearing away” and is a gradual and imperceptible
change in the location of the natural boundary of an upland parcel due to the continued action of
the water. As titled land slowly and naturally erodes ownership of the eroded land reverts to the
owner of the water body (generally the provincial Crown) in accordance with common law.

4) Avulsion
Avulsion is defined as “a fragment torn off” and is the sudden and perceptible change in the location
of a body of water due to cataclysmic events, such as, for example, a breakthrough of a new river
channel, severe winter storms or a , landslide. Where an avulsive event has occurred, the extent of ownership of a parcel of land remains unchanged. The new bed of the body of water continues to be owned by the party who owned the land prior to
the avulsive event. The limit of ownership is to the natural boundary(s), where ever they were located
prior to the avulsive event.

Recent avulsion is sometimes easily recognized in that there is often a cut bank immediately above
the limit of the avulsion which may be distinct in its lack of vegetation. It is, however, possible that
avulsion may have occurred many years earlier and, over time the upland has stabilized and
vegetation has taken hold, such that it is not evident that the change occurred through a means other
than erosion or accretion. Careful research may be necessary to determine which process resulted in
the change of location of a water body. A sudden change in the location of a stream bed, often referred to as avulsion or an avulsive event,
does not result in the change of ownership of land.

The new bed of the body of water continues to
be owned by the party who owned the land prior to the avulsive event. The limit of ownership is to
the natural boundaries, where ever they were located prior to the avulsive event. 5) Fill
Fill, with respect to land, refers to land artificially raised with piled rocks, gravel, or dirt, etc. Fill in
relation to boundaries refers to piled rocks, gravel, dirt, etc. placed on the foreshore or below the
natural boundary. Fill is not accretion. Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 24
The difference between fill and lawfully accreted land is usually very obvious when viewed on site. An accretion has a natural boundary, fill does not.

The limit of fill is often defined by a man-made
feature such as a retaining wall perhaps made of large blasted shot rock, logs, concrete blocks or sheet
piling. The type of soil used as fill is often distinctly different from the surrounding native soil and the
profile from the bed of the water body, through a fill area to the undisturbed ground landward of the
body of water often appears un-natural. Determination of the natural boundary when it has been obscured by fill can be difficult, even in cases
where there is clear evidence of the natural boundary on both sides of the fill, as there may have been
sinuosities in the location of the natural boundary beneath the area of fill.

The location of the natural
boundary, in these cases, must be determined from the best available evidence which may include,
but not be limited to, the original or subsequent surveys of the boundary in question, old aerial or
terrestrial photographs, trenching and the report of a soils expert or affidavits from present or
previous owners. If a parcel of land has only one natural boundary, and other limits, such as the natural boundary
according to the plan upon which title is based, the limit of fill, or the limit of excavation, should not
be interpreted as representing
the true natural boundary,
since the true natural boundary
is where it was immediately
prior to the filling or excavation
having occurred as shown in
Figure 11.

FIGURE 11
By their nature, natural
boundaries are ambulatory and
where erosion or accretion
occurs, the limit of ownership
moves with the natural
boundary.

Section 94 of the
Land Title Act provides the
administrative means to
update the survey and plan
upon which title is based to
reflect the new location of the
natural boundary of the parcel of land. Part 5 - Deferred Posting Using

Section 69 of the Land Title Act provides a mechanism through which a subdivision plan may be prepared
and registered with only control monuments set. Except where the corner might be coincident with a
Control Monument, posts are not initially set at corners of the new parcels and roads, rather these corners
are related mathematically to the control monuments. Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 25
Control monuments must be of a type 1 or 2, must be set in locations that are as safe as possible from
disturbance, and if possible they should be intervisible. Although

section 69 (1)(a) of the Act specifies that the deferred method of monumentation can only be
used for subdivisions, the Land Title and Survey Authority has interpreted this to include the subdivision
plan and other plans required in conjunction with the subdivision, for example rights of way plans. In order for a land surveyor to use the deferred method of posting pursuant to

section 69 they must make
application to the Surveyor General. See Surveyor General’s Circular Letter No. 461B. If the application is
approved, the land surveyor is generally given a period of one year after registration of the subdivision
plan in which to complete the final posting of the new parcels and roads created by the plan, and of the
angles and parcel intersections defined on any of the supporting plans. The reason for using the block
outline method of deferred posting is to assist with the long term survivability of the monumentation. This is accomplished by setting the monuments after road and infrastructure construction and parcel
grading has been completed.

Should road and infrastructure construction not be completed within the
time allowed in the Block Outline Order issued by the Surveyor General, the land surveyor should make a
subsequent application for an extension of the time in which posting must be completed. The land surveyor who signs the
Note
subdivision plan utilizing the block
outline method of deferred
Of important note, a land surveyor who utilizes the block outline
posting is legally required,
method of deferred posting remains legally responsible for
pursuant to s. 69, to complete
completing final posting even if the client is unable or unwilling
final posting within the period to pay for it.

specified by the Surveyor General,
Land surveyors should be aware of this potential risk before
unless the Surveyor General
agreeing to use the block outline method. determines otherwise. To help mitigate the risk that a client won’t pay for completion of final posting and the final posting plan,
land surveyors who use the block outline method should consider obtaining some form of financial
security from a client prior to undertaking the survey. For example, a land surveyor could request payment
for final posting early, at the same time as payment is requested for preparation of the subdivision plan. Similarly, a land surveyor could request that the client enter into a surety bond, to ensure that the land
surveyor will still be paid if the client defaults.

A land surveyor who considers using some method to
secure payment should seek legal advice where necessary. Professional Reference Manual V3.3 Chapter 8: Principles of Boundary Surveys - 26
Chapter 9 - Strata Title Surveys
Part 1 – Strata Property Act Survey Principles
The Strata Property Act came into effect in July 2000 and replaced the Condominium Act of 1979
(referred to as the former Act). It is a provincial statute that establishes the ability for tenure to be
granted to a portion of a building or a portion of land, together with certain rights and interests in
common facilities and common property.

A key distinction between the Strata Property Act and other
forms of tenure is that the Strata Property Act sets out rules of governance for the owners. If tenure
is allocated using other methods such as Air Space, Leasehold or Tenants In Common the development
team should also consider putting in place a governance structure. The products of the Strata Property Act are the strata plan and the strata corporation. The strata plan is
prepared by a British Columbia Land Surveyor and the strata corporation is created when a strata plan is
deposited and registered in a Land Title Office. This distinction is important for the land surveyor to
recognize because the land surveyor may share in responsibility for establishing the ultimate structure of
the strata corporation.

This shared responsibility arises from decisions that the land surveyor makes in
preparing the strata plan such as location and extent of common property, limited common property, the
strata lots, and the method of apportioning unit entitlement and voting rights. These decisions may not
fall entirely to the land surveyor, but as a professional signing a strata plan and preparing the
accompanying forms, the land surveyor should be advising the client on the impact of the decisions being
made. Strata Property Act surveys can be complicated and this paper cannot cover all of the different scenarios
that may be encountered.

It is important to discuss the different principles with other land surveyors,
get examples of different types of plans from the Land Title Office and refer to the available
publications. Many questions can be answered by reference to the Strata Property Act, Strata Property
Regulation, Bare Land Strata Regulations, Bare Land Strata Plan Cancellation Regulation or the Survey
and Plan Rules. Some other good publications include the British Columbia Strata Property Practice
Manual and McCarthy Tétrault’s Annotated British Columbia Strata Property Act. Staff at the Land Title
Offices may also be a resource for the land surveyor. It should also be noted that strata plans are to be filed electronically in the Land Title Office.

This means
that all certificates signed by the land surveyor are now part of the Survey Plan Certification form and all
signatures by any other party have been moved to the Application to Deposit Form. In most cases there
will be a corresponding statement on the strata plan image for approvals given on the Application to
Deposit Form. 1) Boundaries of Strata Plans When Encroachments Exist

Section 240 of the Strata Property Act defines the criteria for title to the land upon which a strata
plan is based. The Strata Property Act does not have the flexibility to deal with boundary anomalies,
such as accretion and erosion, in the same manner as the Land Title Act. It is therefore important for
title to be based on an up-to- date Land Title Act subdivision or reference plan so that issues such as
Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 1
accretion, erosion, boundary discrepancies and building encroachments are resolved prior to
deposit of the strata plan.

A strata corporation may own or lease property; however, the process to
have adjacent land incorporated into a strata plan at a later date is quite onerous. Land Title Offices follow a policy that requires any building encroachment to be addressed by a
registered instrument on file either prior to the deposit of the strata plan or filed concurrently. The
term “building” is not specifically defined. This leaves each land surveyor to research a definition,
however, permanent structures such as eaves, gutters, footings, trim, cornices, windowsills, etc.,
are usually considered part of the building, therefore the land surveyor should be vigilant to look for
these types of possible encroachments.

Many jurisdictions have policies and bylaws regarding semi-
permanent and temporary structures such as signs and awnings, therefore the question of whether
or not these features are part of the building is often a judgment call. It is prudent to consult with
the local jurisdiction and the land title office when these situations arise. If an encroachment is found options may include removal of minor encroachments, obtaining an
easement to cover the encroachment, or obtaining title to the area of the encroachment and
consolidating it with the parent parcel prior to deposit of the strata plan.

If an encroachment occurs
over a road or park, it may be necessary to go through a process where a portion of road or park is
closed, title is raised as a fee simple parcel and consolidated with the parent parcel, or an air space
parcel is created and an easement is registered. In the City of Vancouver, the Vancouver Charter
gives title of roads to the city; therefore, the city is able to provide easements. It is prudent to
consult the City of Vancouver Surveyor when these situations arise.

Section 35(11) of the
Community Charter should also be considered. This section allows the local government to raise
title to road for the purpose of registering an easement without having to actually close the road. It is critical that the land surveyor ensure that necessary registered instruments such as easements
are in place to allow for any building encroachment so that the land surveyor can comfortably sign
Form U stating that the building is wholly within the external boundaries of the land, or that the
encroachment is covered by a registered instrument such as an easement. The land surveyor should
note that the Form U statement is to be expanded to identify that encroachments exists and list the
registered instruments that cover the encroachments.

The Form U certification is located on the LTSA
Plan Certification Form. If an encroachment exists, the ‘Strata Form U1/ U2’ toggle will be selected-
doing so will display additional fields. One of these fields is the ‘Registered Charge Number(s)’ field,
which anticipates the instrument number of the filed registerable instrument. If the instrument has
registered, then the surveyor may enter the registered charge number into this field. In some
instances, the instrument will not yet be registered, as it will be included in the LTSA submission. In
this case, it is sufficient to leave the field blank.

Alternatively, the surveyor can enter “Included in
package” in this field; this will be read by the plan examiner and he or she will be alerted to the
presence of the instrument document(s) in the package. 2) Determining Boundaries of Strata Lots
In a Land Title Act or Land Act survey, a plan prepared by a land surveyor is an integral part of
creating a fee simple title. The dimensions on the plan are the best representation of the distances
between the survey posts set or found, however, it is ultimately the survey posts that govern the
Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 2
size, shape and dimension of the lot in the future.

Section 68 of the Strata Property Act has refined
the criteria for defining the boundaries of strata lots as midway between the surfaces of the
structural portion of the wall, floor or ceiling, unless otherwise shown in a manner approved by the
registrar. The location of the strata lot boundary is important when looking at the broad concepts of
the Strata Property Act. The underlying reason for using the centerline is for fairness when
calculating the unit entitlement. In recent years there has been a trend to adopt some portion of the exterior part of a wall as the
strata lot boundary and to note such a definition on the strata plan.

If a land surveyor, in consultation
with their client, is going to define a strata lot boundary in a location other than the centerline of
a wall, floor or ceiling it is considered good practice for the land surveyor to:
a) Review the Strata Property Act and take into consideration the impacts of the decision not
to use centerline. In particular the land surveyor should assess the impact of

Section 72
and whether or not the appropriate Bylaws have been established pursuant to

Section 72(3)
for the care and maintenance of the exterior walls of the strata lot. b) Appropriately label strata lot boundaries that do not follow the centerline of walls, floors and
ceilings in a manner that will allow unambiguous retracement of those boundaries in the future. c) If the strata lot boundaries follow the centerline of the walls, then it is good practice to make a
note of this on the plan. Whether a land surveyor chooses to use the centreline, inside, or outside face of a wall or any other
surface, he/she should carefully consider, in consultation with the owner developer, how the
position of that boundary will impact the end use of the strata lot, common property or limited
common property being defined.

Section 68 of the Act provides guidance in the situation when a wall does not exist and there is a need,
or desire, to define a strata lot boundary. This situation may occur for a deck, patio, parking space or
storage area that is to be included as part of the strata lot and it is therefore essential to create a
physical definition in a form that a future owner can readily identify. Another fundamental principle of a strata lot within a building is that the strata lot is three
dimensional.

When measuring a strata lot a land surveyor is faced with making decisions regarding
the location of strata lot boundaries and it is considered good practice for those decisions to be made
after giving consideration to all 3 dimensions. For example, in some building designs there may be
spaces such as stairwells where the ‘floor and ceiling’ of that particular area is not a horizontal plane. Another example would be where a living room ceiling extends 2 stories. The role of the land surveyor
is to articulate these intricacies on the strata plan using a combination of plan views and cross
sections to ensure that the strata lot boundaries are clearly defined in 3 dimensions.

A strata plan must be considered with the same care as any other plan that defines tenure. The
boundaries of each strata lot must be fully measured with a degree of redundancy and at an
appropriate stage of construction, and recorded in field notes in order that the measurements can
be defended in a court of law. The measurements must be rigorously processed with minor
discrepancies balanced out prior to their representation on the strata plan. Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 3
Each land surveyor must be aware that the need to clearly and accurately define title is as great during
a survey under the Strata Property Act as it is during a more traditional survey under other statutes.

3) Determining Boundaries of Limited Common Property
The land surveyor, in consultation with the owner developer, must decide whether accessory spaces
such as a deck, patio, parking space or storage area will be part of the strata lot, limited common
property or common property (for a discussion as to when parking spaces might be designated as
LCP, see

section 7 of this chapter). Strata lots are independently owned and each strata lot has a
Certificate of Title. Strata lots can be freely bought and sold without the consent of other strata lot
owners. Common property is collectively owned by all the strata lot owners. There is no Certificate
of Title for common property and common property cannot be sold or altered without the consent
of other strata lot owners. Limited common property is common property that has been allocated to
one or more strata lots for their exclusive use. Exclusive use is not the right of ownership.

By designating a deck, patio, parking space or storage area as limited common property the land
surveyor is allocating a right to use the space to one or more strata lots; however, the ownership of
that space remains with all of the strata lot owners. A strata corporation can create rules that apply
to limited common property and bylaws can be put in place that influence the use of limited common
property. Rules do not apply to a strata lot. Bylaws can influence the use of a strata lot but are most
applicable to the use of common and limited common property. This includes the costs to maintain
LCP - which may influence the decision on whether to include parts in the Strata Lot (non-habitable)
or as LCP.

There is no set rule regarding whether areas such as a deck, patio, parking space or storage area
should be part of a strata lot, limited common property or common property. It is quite common to
make these areas limited common property since they are often areas that are exposed to the public
(such as exterior decks and patios) or within parts of the strata complex that are meant for common
use (such as a parkade). When these spaces are defined as limited common property there is no
requirement for the extent of the limited common property to be defined by a physical object or a
survey marker.

The dimensions on the strata plan govern the extent of the limited common property
regardless of the extent of physical occupation. The concept that dimensions govern the extent of limited common property was confirmed by the
Supreme Court of British Columbia in Owners of Strata Plan NW2212 (Re), 2010 BCSC 519. When
choosing whether to designate an area as limited common property or part of a strata lot take into
consideration that limited common property is defined by the dimensions on the strata plan whereas
the extent of a strata lot is defined by the location of the physical walls, floor and ceilings and if no
walls, floors or ceiling exist then by reference to walls, floors or ceilings or to survey markers.

Section 7-4(2) of the Survey and Plan Rules requires that the vertical extents of the LCP must be
defined. If there is no vertical limit to the LCP, then there must be a statement on the plan noting
this. A land surveyor should use plan notations and cross section views to define or clarify the vertical
extent of limited common property with the objective of removing any ambiguity for future owners. Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 4
It is important for the land surveyor to consider how the vertical extent of limited common property
designations could affect the enjoyment of other strata lots, and the strata development as a whole.

Recent case law (Chan v. Owners of Strata Plan VAS151) has shown that height delimitator statements
have been effective in deciding outcomes. 4) Plan Requirements
The Strata Property Act has dispensed with the former Act’s “FIRST SHEET” and “SECOND SHEET”. The
first pages (more than one may be required to show all the detail) of the strata plan must show the
relationship of the perimeter of the building to the property boundaries. Subsequent sheets show the
details of the strata lots, limited common property, common property etc. Typically the final sheets
of the strata plan show cross section views from various vantage points of each building.

The criteria
for preparation of the strata plan and accompanying information is set out in the Strata Property
Regulation Part 14 and Part 7 of the Survey and Plan Rules. There are some overlapping requirements:
for example, the Strata Property Regulation calls for the land surveyor to sign Form U, and the Rules
call for the land surveyor to sign the Statement By Surveyor as prescribed by the Director of Land
Titles. Care must be used to comply with all the requirements set out in the Act, the Regulations and
the Survey and Plan Rules. Strata plan approval and endorsement Forms Q, R, S, T, and U are detailed in Regulation

Section
14.5, and accompanying document Forms V, W, X, and Y are detailed in Sections 14.6 & 14.7. Electronic filing of strata plans is now required so the actual approvals and endorsements are now
part of the Application to Deposit form. Note that in most cases a corresponding statement is
required on the strata plan. 5) Common Property and Limited Common Property
Subject to

Section 244(2) of the Act and Section 14.4(e) of the Regulation, the allocation of strata
lot, limited common property or common property is left to the discretion of the land surveyor in
consultation with the owner developer (note that owner developer is no longer hyphenated). There
are few regulations to guide these allocations, therefore the land surveyor should make decisions
that will stand the test of time, and should consider the impact of each decision on future owners
and future strata councils to ensure that future owners are aware that they are part of a strata
corporation and not independent owners.

When purchasers buy strata lots in a large, multi-unit building it is generally obvious to the
purchasers that they are entering into a partnership with the owners of other strata lots in the
building. With a little research or experience the purchasers can understand that the rules of that
partnership are set out in the Strata Property Act, the Strata Property Regulation, and further
refined by bylaws or resolutions that the strata corporation has adopted. For a purchaser in a
smaller development or a bare land strata, the concept of entering into a partnership is often less
obvious. In consultation with the owner developer, the land surveyor can assist in clarifying the
concept of that partnership by clearly noting areas of common property and limited common
property.

It is often advantageous to designate non-habitable areas such as decks, yards, parking
and separate storage, as limited common property. This will reinforce strata title principles that
Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 5
those areas are owned by the strata corporation, and that the owners of the designated strata lots
have certain rights for use. 6) Forms V and W
No matter what type of strata plan is being prepared, key underlying principles are governance and
the allocation of expenses in accordance with Forms V and W of the Regulation. These two forms
were Forms 1 & 3 in the former Condominium Act.

The former Form 2, Interest Upon Destruction, is
no longer applicable, since, upon winding up of a strata corporation, interests are apportioned in
accordance with assessed values as detailed in

Section 273 of the Strata Property Act. A land surveyor is typically asked to prepare these forms, however it is also possible that one or
both of these forms may be prepared by others. The one specific time that a land surveyor must be
involved is when Unit Entitlement is allocated based on habitable area. In that case the land
surveyor is required to certify that the habitable areas listed on Form V are correct. Form V, Schedule of Unit Entitlement, is calculated in accordance with

Form
V has three scenarios:
(a) Strata Plan Consisting Entirely of Residential Strata Lots
(b) Strata Plan Consisting Entirely of Nonresidential Strata Lots
(c) Strata Plan Consisting of Both Residential and Nonresidential Strata Lots and each scenario has
three options:
(i) a calculation based on areas and signed by the land surveyor
(ii) a whole number that is the same for all strata lots
(iii) a schedule approved by the Superintendent of Real Estate
Another scenario for a Bare Land Strata Plan offers two options:
If the land surveyor is asked to prepare the Form V then care should be used in determining the
scenario and option to be used; when habitable area is to be used in the calculation and when total
area is to be used in the calculation.

Decisions about how unit entitlement is to be determined are
best made in consultation with the owner developer. Ultimately, the goal is to ensure that all Strata
Lots have a fair and equitable share of the unit entitlement. Form W, Schedule of Voting Rights, is calculated in accordance with Sections 247 & 248 of the Act. For wholly residential developments, Form W is not required.

Section 247 states a schedule
of voting rights may be established, however Forms V and W are worded such that it may be
mandatory for preparation of a schedule of voting rights when the strata plan is partially or entirely
non-residential. Again there are several scenarios and options, and the land surveyor, in
consultation with the owner developer, is to use care in determining when a Schedule of Voting
Rights needs to be completed and in determining the criteria to use in completing the Form. Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 6
Forms V and W are not part of the strata plan.

They are to be prepared on letter size paper (8½ x 11
inch) to accompany the strata plan, must be signed by the owner developer, and in certain cases
must be approved by the Superintendent of Real Estate.

Section 249(3) of the Strata Property Act relieves the registrar from any requirement to ensure that
Forms V and W are correct; therefore the land surveyor may be burdened with an increased
responsibility. 7) Habitable Area
Habitable area is defined in

Section 14.2 of the Strata Property Regulation, and is copied here:
SPA Regulations - 14.2 For the purposes of

section 246 of the Act, "habitable area" means the
area of a residential strata lot which can be lived in, but does not include patios, balconies,
garages, parking stalls or storage areas other than closet space. Proportioning in accordance with habitable area has been accepted as a fair and equitable distribution
of ownership in common property and for distribution of common expenses. It is therefore important
that similar areas throughout the strata plan are treated in the same manner so that the allocation of
unit entitlement is fair and equitable. Those portions of the strata lot that are, or are not, habitable
should be labelled and dimensioned with separate areas.

Fenwick et al v. Parks et al (Strata Plan VIS 2014), 2004 BCSC 1132 is a case from the Supreme Court
of BC that in part examined the determination of habitable area by a land surveyor. In this case the
Courts placed a great deal of emphasis on whether or not an area could be occupied in a habitable
manner. This concept has been recently affirmed in Barrett v. The Owners, Strata Plan LMS3265, 2016
BCSC 1477. Therefore, when determining habitable area a land surveyor is encouraged to take into
account the potential future use of the space, not just the state of the space at the time it is measured.

A few guidelines for the designation of areas as habitable or non-habitable are provided here:
• Storage lockers not adjacent to habitable areas of the strata lot, parking stalls, decks, patios, and
crawl spaces are usually not considered habitable area and therefore these areas are excluded
for the unit entitlement calculation. • Bay windows (which are within the parent parcel boundaries) are usually shown as part of the
strata lot, but whether or not this area is habitable could depend on other factors (including
whether or not the bay window extends from floor to ceiling). For example, very small bay
windows (sometimes referred to as “window boxes”) are often shown as non-habitable areas of
the strata lot.

• Areas that are contiguous with other portions of habitable area, such as storage and workshops
are often included in the unit entitlement calculation so long as the inclusion is fair and equitable
throughout the strata plan. Stairs connecting floors within a strata lot and internal storage are
usually considered habitable area. • The Courts have suggested that in some instances unfinished basements and lofts, which could
become habitable area in the future, are habitable area (Fenwick et al v. Parks et al (Strata Plan
VIS 2014)). Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 7
• The consideration of whether something is considered habitable or non- habitable may have an
impact on how bylaws are drafted.

It may be appropriate to have conversations with the lawyer
about these issues. 8) Parking stall and garage area designation - Part of the Strata Lot (non-habitable) or
LCP?

Section 244(2) of the SPA allows for parking stalls, garage areas and storage areas to be designated as
common property (and by extension LCP) or as part of the Strata Lot. Ultimately, it is up to the owner
developer to decide how these areas will be designated. Land Surveyors are able to provide
important information regarding such decisions. When discussing this matter with the owner
developer, the land surveyor should consider the following general statements;
• Garage areas in a townhome or a single family strata are typically designated part of the strata
lot (non-habitable). • Storage areas constructed adjacent to a garage should be considered as to their habitability using
the guidelines described above (i.e.

do they open onto the garage only (generally considered non-
habitable) or do they open onto the strata unit (usually considered habitable)). If the parking area is open to the strata development (i.e. a parking level in a residential tower) then
it is usually designated as LCP. Underground or surface parking stalls in multi-family strata developments are often designated as
LCP for the exclusive use of a strata lot, or as part of a strata lot. Other options also exist such as
designating parking areas as common property and allowing the strata corporation to later allocate
parking or create lease areas for parking. Each development will have its own requirements and
considerations. 9) Updating Unit Entitlement after the habitable area has changed (e.g. renovations
have occurred).

Section 70(4) of the SPA addresses the need for the strata lot owner to update their unit entitlement
before changes are made to the habitable area. 10) Yard Areas
Unlike the former Condominium Act, the Strata Property Act is silent on the matter of yard areas.

Section 14.2 of the Regulation does not refer to yard areas, Section 14.4(e) refers to “... different
parts of a building ...”, and

Section 244(2) of the Act is silent on yard areas, although some registrars
have determined that the wording “... and similar areas or spaces ...” could include yard areas. If a
land surveyor is asked to include yard areas as part of a non-bare land strata lot they should consult
with the appropriate registrar and seek legal advice for guidance, since the Strata Property Act is not
clear on including yard areas as part of non-bare land strata lots.

It should be noted that some municipal jurisdictions are concerned that the inclusion of yard areas
as limited common property or as part of a strata lot is paramount to preparation of a bare land
strata plan without approvals, and have passed bylaws in an attempt to restrict strata plan
Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 8
developments without approval. Swan Lake vs. Registrar (Victoria Registry, 99 1660) established
precedent in the use of limited common property ancillary to a strata lot. 11) Non-occupancy and Previously Occupied Buildings
The principle for the land surveyor to consider when making an assessment between new
development and conversion is the role of the approving authority.

The approving authority is the
elected council or board of the local jurisdiction, although the elected council or board may assign
the role of approving authority to others.

Section 241 of the Strata Property Act and section 14.5(3) of the Regulation details the requirement
for a land surveyor to endorse a strata plan with Form S when a building is a new development and
has not been previously occupied. If the land surveyor is not satisfied that a building on the strata plan can be endorsed with Form S,
then those buildings in the strata must be considered a conversion of a previously occupied building.

Section 242 of the Strata Property Act and Section 14.5(4) of the Regulation detail the criteria for
the approving authority to consider when requested to endorse a strata plan with Form T for
conversion of a previously occupied building. These sections have placed the land surveyor in the
position of deciding if each building in the development is new or if it is a conversion. Therefore, if
any portion of a previously occupied building forms part of the strata plan, it is important for the
land surveyor to recognize the previous occupation and co-operate with the approving authority. In
1994 the Corporation, now the Association, issued a practice advisory to assist land surveyors in
making this distinction, and

Section 14.1 of the Regulation provides a definition of “previously
occupied”. In summary, if any portion of a building that has been previously occupied (other than as
a display lot) is part of a strata plan, that building is to be considered a conversion, regardless of the
extent of renovation. The time limit for Form S and Form T is 180 days. In other words for the Form S to be valid, the strata
plan must be submitted to the Land Title Office within 180 calendar days of the date on the Form S.
A question arises when there is more than one building on a lot that is the subject of a strata plan
and some buildings have been previously occupied and others have not.

This question came before
the Courts in 2003 in a case known as Burton et al v. Harris et al, 2003 BCSC 523. The Honourable
Mr. Justice Truscott ruled that in cases where there are multiple buildings and where some have
been previously occupied and others are new construction the strata plan should include both a
Form S and a Form T certification. If a land surveyor has any doubts about whether a building is to be considered new construction or a
conversion it is recommended that they review the matter with the local government and consult
other land surveyors before making a final decision. 12) Strata Plans of Air Space Parcels
As land becomes more valuable, development can become more complicated.

This has led to
developments that combine many forms of tenure such as strata plans within air space parcels. For
the most part, all of the same criteria apply to a strata plan within an air space parcel; however,
Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 9
there are a few special considerations. Depending on the air space parcel configuration, it is unlikely
that the entire building or structure will be wholly contained within the air space parcel. It is
important that the land surveyor ensure the necessary easements are in place to allow for any
encroachments, the supporting structures and services so that the land surveyor can comfortably
sign Form U.

When preparing a strata plan of an air space parcel or a strata plan that is adjacent to an air space
parcel the land surveyor is encouraged to prepare the strata plan in a manner that clearly shows the
relationship of the strata plan to the air space parcel boundaries. This may be accomplished in a
variety of ways and will depend on the particular circumstances. The land surveyor may wish to
consider the use of an appropriate number of cross section views to demonstrate the relationship to
the air space parcel in three dimensions. The location of the air space parcel relative to strata lot
boundaries may also be shown on plan views on each floor.

Since a strata plan must be based on registered titles that comply with

Section 240 of the Strata
Property Act, a strata plan cannot extend across both a normal fee simple parcel and an air space
parcel. An example would be a strata lot where a bay window encroaches onto a road. A solution
could include closing a portion of road and creating title to an air space parcel to contain the
encroachment. While this will allow the registration of an easement over the air space parcel, it will
not allow the creation of a strata lot which contains the bay window because the strata lot and the
air space parcel cannot be consolidated into a single parcel as required by

Section 240. There are also times when a land surveyor will want to prepare a strata plan over the remainder of
the parent parcel where the only exclusion from the parent parcel is an air space parcel. As noted
above

Section 240 of the Strata Property Act sets out the criteria for a parcel that is the subject of a
strata plan and a remainder parcel does not fit that criteria. The Land Title Office may consider
accepting a strata plan in these circumstances. It is recommended that the land surveyor discuss
the proposed strata plan with the appropriate Deputy Registrar prior to commencing work on the
strata plan. 13) Bare Land Strata Plans
Bare Land Strata Plans combine fee simple subdivision and strata concepts as defined by the Strata
Property Act to enable the strata lot owners to share common property and common facilities.

Bare land strata lot boundary definition is usually by conventional Land Title Act monumentation,
and each owner owns the “land” between the survey monuments together with a proportionate
share of the common property.

Section 243 of the Strata Property Act requires a Bare Land Strata Plan to be approved by the
approving officer.

Section 18 of the Bare Land Strata Regulations provides a form for this approval
block.

Section 15 of the Bare Land Strata Regulations provides the authority for the approving officer to
require easements for services on bare land strata lots. Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 10
14) Leasehold Strata Plans
A leasehold strata plan may be prepared on a parcel of land which is owned by the Crown, the
federal Crown, a municipality, a regional district, a Nisga’a Village or the Nisga’a Nation, a treaty first
nation, or another public authority, and to which a ground lease is registered in the name of the
owner developer. Minor format changes may be required on a leasehold strata plan, and it is
therefore advisable to liaise with the Land Title Office.

Part 2 - Phased Strata Plans
Developments under the Strata Property Act may be phased, that is, a single development may be
developed in stages over time such that the completed development will have one strata plan and one
Strata Corporation. Phased strata plans may be used for conventional and bare land strata developments. Form P (Form E in the former Act) details the proposed schedule for the phased development. It must
accompany land title registration of the first phase of the strata plan. Since each phase must be approved
by the approving officer, Form S, endorsement of non-occupancy is not required. The approving officer, using Form Q, approves each phase of a phased strata plan, since each phase is a
subdivision of land.

The remainder of the parent parcel remains with title under the Land Title Act and
may be transferred; therefore the approving officer will usually require provision for access and servicing
of the remainder of the parent parcel. It is prudent to receive written confirmation from the approving
officer should provisions for access and servicing not be required. Some jurisdictions may require that setbacks be maintained to phase boundaries because there is the
potential for the development not to proceed, and the last phase boundary may become a permanent lot
boundary. Upon deposit of Phase 1 of the strata plan, title to the strata lots in Phase 1 are created and the strata
corporation is formed.

Subsequent phases of the strata plan are added to the previously deposited
phases of the strata plan, and are excepted from the title of the parent parcel. For the most part, when proceeding with a phased strata plan, all the principles of a normal strata plan
will apply, however, there will be a few additional considerations for the land surveyor. Each phase
boundary will form a new property line for at least some period of time, and separate title exists for the
remainder of the parent parcel. Since the phase boundary must be treated as any other property
boundary, the land surveyor should consider carefully the ramifications the location of the phase
boundary may have for the ongoing development.

Other than by using an air space parcel, a development
can only be phased with a side boundary (the limits of which consist of a vertical plane). This means that
the land surveyor needs to be vigilant in considering encroachments caused by such things as servicing,
overhangs or underground parking. Any encroachments must be covered by a registered instrument such
as an easement or lease. By default, everything in a strata plan that is not designated as a part of a strata
lot is considered common property. Therefore, if part of a structure containing a strata lot in a later phase
encroaches onto a prior phase, the later phase strata plan will not be able to convert previously
designated common property into a strata lot without considerable difficulty.

Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 11
Land surveyors are encouraged to become involved in an advisory capacity with the owner developer and
the local approving authorities at an early stage of any proposed development. Care must be taken to
ensure that the required building setbacks are maintained and that required rights of way and easements
are created. Each Land Title Office and approving officer may have different criteria for approval and depositing of
phased strata plans. It shall be considered good practice to consult with those agencies to clarify
procedures to be utilized.

Part 3 – Preliminary Strata Plans To Accompany A Disclosure Statement
The owner developer of a strata development will commonly request that a land surveyor prepare a
preliminary strata plan for attachment to a disclosure statement prior to completion and registration of
the final strata plan. That disclosure statement is filed with the Superintendent of Real Estate and forms
the basis for pre-sale of units in the development. Preliminary strata plans for a building strata are
usually based on architectural drawings and typically show each proposed strata lot with a strata lot
number, floor areas and limited common property.

The office of the Superintendent of Real Estate is responsible for establishing policies under the Real
Estate Development Marketing Act regarding comparison of the unit entitlement expressed in Form V
on the final strata plan to the unit entitlement filed with the disclosure statement. At present those requirements are:
(a) where the difference in a strata lot’s unit entitlement in ratio to the total development varies by
less than 1%, and;
(b) where no one strata lot’s unit entitlement figure varies by more than 10%; it will not be necessary
to amend a prospectus or disclosure statement. When an amendment to the disclosure statement is filed, all prospective purchasers who have placed
monies in trust to secure the pre-sale agreement are notified of the amendment.

At that time, they may
have the option of cancelling their pre-sale agreement. The cancellation of pre-sale agreements could
have considerable financial implications for the owner developer. Land surveyors are advised to take considerable care when preparing a preliminary strata plan to
accompany a disclosure statement. A form of preliminary title is being created and the pre-sale
agreements are entered into based on the floor areas, schedules and information shown on the
preliminary strata plans. In the event that pre-sale agreements are cancelled due to errors on the
preliminary strata plans, the land surveyor may be in a position of liability.

Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 12
When preparing preliminary strata plans, it shall be considered good practice for the land surveyor to:
• Use the latest issue of architectural plans, note the date when the plans are received, and keep the
plans in office records;
• Maintain detailed notes on revisions to architectural drawings and instructions from the owner
developer or the authorized representative;
• Discuss the options for the location of strata lot boundaries and allocations of limited common
property with the owner developer or the authorized representative;
• Have the owner developer or the authorized representative initial any agreed upon plan
amendments;
• Place a notation on the preliminary strata plans stating the architect’s name, revision number and
date;
• Use care in extracting the correct boundaries of the proposed strata lots from the plans or data files;
• Number the strata lots in the same manner as will show on the final strata plan.

• It can be helpful to the owner/ developer if these plans are prepared on letter size sheets so the
plans can be included with the rest of the disclosure documents
Part 4- Strata Plan Amendments
A strata plan may be amended for several purposes, such as;
1. To add or remove an LCP designation to or from a strata plan pursuant to

section 257 of the Strata
Property Act,
2. To add to, consolidate or divide a strata lot pursuant to s. 259 of the Strata Property Act,
3. To make land held by the Strata Corporation (i.e. fee simple lands shown on a Land Title Act plan)
into a new lot pursuant to s. 262 of the Strata Property Act,
4. To add a strata lot to Common Property pursuant to s. 263 of the Strata Property Act,
5. To make Common Property into land held by the Strata Corporation pursuant to s. 265 of the Strata
6. To add land held by Strata Corporation to the Common Property pursuant to s. 266 of the Strata
Property Act.

Strata Plan amendments can be complex, and the relevant Strata Property Act section should be carefully
reviewed prior to undertaking a project. Other useful resources include;
• The Land Title Practice manual which contains Strata Property Act information, including a section
on Strata Plan amendments
• The ABCLS sample plan page which includes several examples of strata plan amendments
• BC Strata Property Practice Manual (CLE)
• The Land Title Office, the Registrar
• McCarthy Tetrault’s annotated SPA
Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 13
To amend a Strata Plan, a BC land surveyor creates an amended plan sheet. The new amended sheet will
be numbered as an amended sheet.

When the amended sheet is submitted for registration to the Land
Title Office, the Registrar makes a notation on the sheet which is being replaced, (which remains in the
strata plan), directing the plan user to the new sheet. Most strata plan amendments require that the Strata Corporation pass a resolution approving the
amendment by vote at an annual or special general meeting. The client should be aware of this
requirement at an early stage of the project. Both Bare Land Strata Plans and Building Strata Plans may be amended. Some Strata Plan amendments (e.g. a subdivision of a Bare Land Strata Lot pursuant to

section 259 Strata
Property Act) will require the approval of the Approving Office. Professional Reference Manual V3.3 Chapter 9: Strata Title Surveys - 14
Chapter 10 - Petroleum & Natural Gas Surveys
Principles of Petroleum and Natural Gas Surveys
Part 1 – Field Surveys for Wellsites
1) Classification
Wellsite surveys in B.C. are handled differently if they are in the Petroleum and Natural Gas (P & NG)
Grid System, or inside the Peace River Block. While there are other factors to consider if the land
affected is Crown, Crown lease or private, there is virtually no difference in the actual surveys
required.

2) Wellsites in the Petroleum & Natural Gas Grid System
Outside the Peace River Block, gas and oil spacing is defined by the P & NG grid system. Wellsites
therefore are located and referred to by their P & NG designation, regardless of any form of
tenure such as District Lots, Crown land subdivisions, bastard townships, etc. Surveys here are
governed by the requirements issued in Part 10 of the Survey and Plan Rules. Surveys in these
areas are relatively straightforward. Particular care should be taken to verify the datum, map
projection and origin of coordinates given for existing control monuments. 3) Wellsites in the Peace River Block
Inside the Peace River Block, gas and oil spacing is defined as offsets from section boundaries.

This
is quite straightforward in surveyed sections, however proper research must be done to determine
the DLS system of survey used to define the primary parcels in the area of the survey. The most common systems used in the Peace River Block are the 3rd and 4th DLS systems, which
differ primarily in the way road allowances are handled. In the 3rd system, road allowances of one
chain were normally attached to the west boundary of every section, and to the south boundaries
of every second row of sections, beginning with the first row (Sections 1 to 6). The target areas
are offset from the section boundaries, which excludes the road allowances.

In the 4th system,
similar acreage for road allowances is included in each section but the actual road locations are not
defined. As such, gas and oil targets are offset from these enlarged section boundaries, giving the
4th system larger target areas than the 3rd system. In theoretical townships, government reserves and other unsurveyed areas, the theoretical section
boundaries must first be created in order to define oil and gas target areas. An exhaustive and
complete approach to the mathematical recreation of theoretical sections is beyond the scope of
this manual. In the absence of official published coordinates for theoretical section corners, the land
surveyor must calculate them to determine target boundaries in theoretical sections.

Polyconic NAD’27 coordinates for a limited number of theoretical section corners in the Peace River
Block, (Monias and Inga fields as well as other areas mainly on the western side of the Peace River
Block), were generated and published in the 1970’s by the provincial geodetic control group at the
Professional Reference Manual V3.3 Chapter 10: Petroleum & Natural Gas Surveys - 1
time. These coordinates were specifically intended for oil and gas spacing only, not for legal
purposes. When using these coordinates, care shall be taken verify the datum and origin of the
projection.

The normal convention is to follow the methodology for the 4th System of Survey, as described in
the 10th Edition of the Manual of Instructions for the Survey of Dominion (Canada) Lands, first
published in 1946. Chord azimuths and distances for section boundaries, as well as latitude of
section corners, can be obtained by referring to the 2nd Edition of the Supplement to that manual,
published in 1952. The University of Calgary’s Cadastral Studies Lecture Notes, 1983, can also be of
some assistance in understanding the different systems and how they are handled. When calculating non-surveyed section boundaries for oil and gas spacing purposes, the surveyor
should also consider locally accepted methods of retracement in an effort to maintain continuity of
targets in a given field.

For legal surveys however, the Manual and Supplement should be strictly
followed in the absence of other specific survey instructions. 4) Wellsites on Canada Lands (e.g. Indian Reserves)
Surveys for oil and gas development on Indian Reserves, (or other similar types of Canada Lands in
B.C. ), involve both the federal and provincial governments. The Province has jurisdiction over the
disposition of subsurface rights and therefore requires a standard wellsite plan. The spacing areas
and target boundaries shown on this plan are consistent with those outside the Reserve. Surface
rights on Indian Reserves are disposed under the Indian Oil and Gas Regulations (1995). For acquisition of the surface lease for the wellsite and access road, a licensed Canada Lands
Surveyor must prepare a Canada Lands Survey Plan.

Survey, posting and plan requirements are
outlined in the Manual of Instructions for the Survey of Canada Lands (Third Edition), Chapter D6
- Indian Oil and Gas Surveys. As these surveys are covered under general instructions, specific
instructions from the Surveyor General for Canada Lands are not required. The resulting Canada Lands Survey Plan is submitted by the oil company to Indian Oil and Gas
Canada, as part of their application for tenure. These plans are reviewed by Legal Surveys Division
and upon approval are recorded in the Canada Lands Surveys Records. Polyconic coordinates for certain section corners in the Peace River Block were generated and
published on two occasions by the geodetic control group of the provincial government.

These
coordinates were specifically provided for the purposes of well location only. Again, care shall be
taken to ensure these are valid coordinates published for spacing areas, that the datums are known,
and the reliability is correctly ascertained. 5) Principles of Field Surveys for Wellsites
Wellsite surveys are a combination of cadastral and construction survey practices. Wellsite plans
are used by a wide variety of people making critical decisions based on the information the plans
contain, thereby exposing the surveyor to a high degree of potential liability. Therefore,
extreme care should be taken with all aspects of wellsite surveys.

Directional and horizontal
wells are particularly high risk, as the drilling technology is very expensive, and they are often more
Professional Reference Manual V3.3 Chapter 10: Petroleum & Natural Gas Surveys - 2
sensitive to horizontal position and elevation than standard vertical wells. Note that there are
normally no disclaimers on a wellsite plan. 6) Important Elements for Well Site Surveys:
• Perform adequate land tenure research, particularly for the existence of rights of way and buried
structures. • On private land, plan and tenure records registered in the land title office, obtainable through
myLTSA, are the main source of such information. • All approved right of way plans over Crown land are also registered in the land title office and
can also be obtained through myLTSA.

• For a spatial overview of rights of way plans over Crown land consult ParcelMap BC. • The Integrated Land and Resource Registry (ILRR) should be consulted for the most up to date
Crown land dispositions records. https://a100.gov.bc.ca/apps/ilrr/html/ILRRWelcome.html
• Images of most of the well site plans that have been approved by the Surveyor General and
detailed tenure information are available online using: Tantalis/GATOR
http://a100.gov.bc.ca/pub/pls/gator/gator$queryforms.menu. • The Wellsite Listings and Rig Activity Lists as published by the B.C. Oil & Gas Commission can
be used as an indicator of more current drilling activity. The OGC records division, located
in Fort St. John BC, is also a source of information.

Copies of construction plans are available,
sometimes a personal visit to the OGC office is required to view the files. In all cases a “heads-
up” approach in the field is required to check for possible non-registered rights of way. • Obtain, from the client, proposed well position and acceptable options with respect to target
areas. • Ensure that horizontal and vertical survey control in the project area is available and satisfy the
control requirements in the Rules. • Be aware of possible discrepancies between surveyed elevations and local field datums. If a
significant difference is discovered, it is often preferable to adopt the new datum from that
point forward.

In this case, ensure your client understands the way you intend to handle the
situation, as any datum shift will likely affect geological information for the entire field. • Perform at least one independent check on elevations, for example with seismic data, published
contours, independent survey methodology etc. • Ensure that coordinates given in the title block or on the face of the plan are clearly annotated
to reflect the datum and projection they are referred to. The majority of petroleum companies
still operate in NAD’27, so they often assume everyone else does. • Wellsite plans differ widely from client to client and from wellsite to wellsite, thus there is no
standard procedure for plan preparation that can be used to cover all situations.

Each
surveyor should develop and use an internal wellsite checklist, which meets both the statutory
requirements of wellsite plans and the clients’ expectations. • Posting of wellsites is regulated by Part 10 of the Rules. It is left up to the individual surveyor and
his client as to whether he places those posts during the wellsite survey, or only upon the
wellbeing proven and subsequent conversion to a long-term lease. Professional Reference Manual V3.3 Chapter 10: Petroleum & Natural Gas Surveys - 3
• GNSS is now widely used for wellsite and other petroleum and natural gas surveys, and is
regulated in other publications. It need only be stressed that any method used for
horizontal or vertical wellsite positioning should incorporate an independent detection
method for gross errors.

Part 2 – Pipeline Surveys
Pipeline surveys in B.C. are carried out in two distinct phases, the construction survey and the legal
right of way survey. Pipeline construction surveys are performed essentially the same regardless of
jurisdiction, whereas pipeline right of way surveys are classified as to provincial Crown lands, private
lands or Canada Lands. In all jurisdictions, the main concern with pipeline right of way surveys is that the buried structure is
physically protected by the bounds of the right of way being created. 1) Pipeline Construction Surveys
Pipeline construction surveys are generally outside of the bounds of cadastral surveys.

These surveys
consist of route selection, on site location and flagging, determination of construction implications,
location and identification of foreign pipeline and utility crossings, and the application process. As
with wellsite plans, pipeline construction plans are used by a variety of different parties for different
purposes, and thus can become quite complex. The surveyor should be aware of possible third-party
use of these plans and clearly disclaim any unauthorized reliance. The prime area of concern in pipeline construction surveys is the crossing of buried structures. Prior to location, a search should be made to identify all rights of way in the area, and all such
information given to the field crews.

Underground location in the field should only be done with
quality equipment in good repair, with experienced and well-trained crews. Internal methods of
checking should be used, such as tying in all located structures for comparison with right of way
boundaries. The surveyor should have an explicit agreement with his client outlining who has what responsibility
with respect to the location, documentation and field marking of all crossings, especially immediately
prior to construction. Due to the fact that every petroleum company has different requirements as to what information
is collected and shown, and the regulatory authorities change the application requirements
regularly, it is impractical to lay down a procedure or checklist for construction surveys in this
manual.

Each surveyor, however, should maintain a current checklist to be used for construction
plan preparation and checking. 2) Pipeline Right of Way Surveys – Provincial Jurisdiction
Survey posts required on pipeline rights of way in the provincial jurisdiction are covered under Part 5
of the Rules, with the following exceptions:
Professional Reference Manual V3.3 Chapter 10: Petroleum & Natural Gas Surveys - 4
(a) The requirement to set Type 1 concrete posts was officially waived in 1994 for pipeline right of
way surveys in the Peace River area. Because of frost jacking, and the high likelihood of
disturbance by heavy equipment, pipe posts are usually a better choice of monument. (b) Rule 5-4(1)(d) requires every intersection of every surveyed boundary, including existing rights
of way, to be posted.

In the vicinity of a facility or processing site, this can lead to confusing
situations with a high density of posts in a very small area. In these cases, it may be
preferable to post the external right of way intersections and show calculated values to the
interior boundaries, however, prior approval should be obtained through the Association. 3) Pipeline Right of Way Surveys – Indian Reserves
Pipeline right of way surveys on Indian Reserves (or other similar types of Canada Lands) fall into
two categories. If a pipeline or other facility crosses a Reserve, but does not service development
on those lands, then rights are granted under the Indian Act, and specific instructions must be
obtained.

If a pipeline, road or other facility services resource development on the Reserve, then it
falls under the Indian Oil and Gas Regulations (1995), and as such are handled in the same manner
as leases for wellsites as previously explained. Part 3 – Reference Materials
1) Association of British Columbia Land Surveyors Survey and Plan Rules
• also see Chapter 6 - Part 1(14)(d) of this manual
2) Land Title and Survey Authority
• Surveyor General Vault/Tantalis
• Petroleum and natural gas wellsite plans. • Land Title Office
• Statutory right of way plans on Crown and private land. See also Chapter 6 - Part 1(2) of this manual for more details on LTSA holdings. 3) B.C.

Oil & Gas Commission Website
The BC Oil and Gas commission website includes links for a variety of information that land surveyors
should review prior to working on any oil or gas project these include but are not limited to:
• An unofficial consolidation of B.C. Statutes and Regulations relating to Oil and Gas surveys
https://www.bcogc.ca/legislation. This Documentation section houses the Oil and Gas Activity
Application Manual and Oil and Gas Activity Operations Manual. These manuals, along with
additional forms and guidelines, support industry during oil and gas activity application processes,
and throughout the duration of subsequent operations. The manuals detail application and
regulatory requirements with which operators must comply, while guidelines outline best
operational practices. https://www.bcogc.ca/industry-zone/documentation.

Before an applicant
can submit an application for an oil and gas permit to the BC Oil and Gas Commission, certain
Professional Reference Manual V3.3 Chapter 10: Petroleum & Natural Gas Surveys - 5
consultation and notification activities have to be completed as per the Commission’s new
Consultation and Notification Regulation. This regulation creates a formalized public engagement
process that allows landowners and affected parties to express concerns about how the proposed
oil and gas activity may affect them. https://www.bcogc.ca/public-zone/public-engagement
• Important Safety Notices regarding Weather, Environment and Oil and Gas activities
https://www.bcogc.ca/publications/safety-advisories
• Online service menu. The BC Oil & Gas Commission offers access to a variety of online applications,
tools, services and reports. http://www.bcogc.ca/online-services
• Important GIS downloads. Requires logon id and password.

You will not be able to obtain without
an OGC account – i.e. wellsites, pipeline attribute data
https://iris.bcogc.ca/generic_ogc/OGC_Download.General_File?p_ct=08092017084655
• Industry Bulletins - This area of the website deals with information regarding recent changes to
OGC standards and policies. https://www.bcogc.ca/publications/industry-bulletins
• Updated list of B.C. wellsite locations, name and status https://ams-reports.bcogc.ca/ords-
prod/f?p=AMS_REPORTS:WA_ISSUED
• weekly publication of active wells in B.C.

https://iris.bcogc.ca/rig_list/rig_activity_list.html
4) Surveyor General Branch, Natural Resources Canada
Manual of Instructions for the Survey of Dominion (Canada) Lands
• 10th Edition (1946) – methodology for the re-creation of theoretical townships
5) Supplement to the Manual of Instructions for the Survey of Canada Lands
• 2nd Edition (1952) – pre-calculated values for theoretical sections
6) Bulletin 38
• Historic account of types and patterns of monumentation used over the years on DLS surveys
• This can be obtained from the Association office
7) Manual of Instructions for the Survey of Canada Lands
• 3rd Edition (1996) – administrative and survey requirements for surveys on Canada Lands
Professional Reference Manual V3.3 Chapter 10: Petroleum & Natural Gas Surveys - 6
Chapter 11 – Mineral Tenure Surveys
Part 1 – Mineral Tenure Act & Regulations To Govern – General Background
Currently the ability to acquire tenure to mineral and placer interests within the Province of British
Columbia is authorized under the Mineral Tenure Act, R.S.B.C.

1996, c. 292, and its subsequent legislative
amendments. This legislation, together with the Mineral Tenure Act Regulations, lays down the rules and
operational requirements for acquiring and maintaining a mineral or placer title in good standing within
the Province. While the Mineral Tenure Act (MTA) addresses both mineral and placer titles, the focus of the discussion
in this chapter will be on matters directly related to the survey of mineral titles. A British Columbia Land Surveyor must be engaged to conduct all surveys required for lease purposes
with one exception, pursuant to

Section 18(1)(b) of the Mineral Tenure Act Regulation (B.C. Reg. 529/2004) an application for a placer lease can be supported by the submission of a technical plan; one
not necessarily prepared by a practicing land surveyor. However, if called upon to conduct the survey of
a placer title, the techniques to be adopted by the land surveyor for such a survey would not differ from
those required for a mineral title. The various Acts and Regulations governing mineral tenures have
been designed to allow a Free Miner to quickly acquire secure title
for the purpose of extracting resources from the ground.

Caution
Historically, these Acts and Regulations recognized that the Free
Miner did not need to have the skills of a land surveyor,
Any land surveyor undertaking
geographer, or mapmaker to acquire a mineral tenure and to work
mineral tenure surveys must be
a piece of ground. The Free Miner simply had to know where their fully informed and very familiar
workings were relative to the claim posts that they had set. with the Mineral Tenure Act, the
Mineral Tenure Act Regulations,
2-post claims were primarily located until March 1st, 1975 where
Mineral Titles Online, the Survey
after 4-post mineral claims were permitted. This was the first major
and Plan Rules, this Manual, and
change in the acquisition of mineral titles in several decades.

The
in particular, with this Chapter,
next major change came on November 30th, 2004 when ground
and other related sources of
staking was suspended, followed by a brief period where no staking
information listed in this Chapter. or mineral tenure acquisition was permitted. Then at 12:00,
It is good practice to have a full
January 12, 2005, Mineral Titles Online (MTO) website and the
understanding of all the
online acquisition of mineral tenures or map-staking was initiated. requirements for mineral tenure
Claims located on the ground before December 1st, 2004 are known surveys in order to protect your
as legacy claims. After 12:00, January 12th, 2005, the acquired client, the public and the land
mineral tenure became known as cell claims. surveying profession.

The switch from a ground based tenure location to a map
acquisition of mineral tenure can be viewed as the most significant
change in mineral titles in British Columbia history. Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 1
Since January 12th, 2005, the Mineral Tenure Act and its associated Regulations only make provision for
the electronic acquisition of mineral titles through the use of the Mineral Titles Online (MTO) registry. This move, and the introduction of MTO by the Ministry of Energy, Mines and Low Carbon Innovation
(MEMLI) has streamlined the process of acquiring and maintaining mineral titles.

This change was
addressed by the Association of British Columbia Land Surveyors with amendments to Part 11 of the
General Survey Instruction Rules (GSIR), SR5-04, effective January 5th, 2005 (now Part 9 of the Rules). Legacy claims and cell claims only acquire title to the ground open at the time of acquisition. The portion
of the ground encumbered by prior mineral titles, reserves, under surface rights and such, is not acquired. The fundamental difference between legacy claims and cell claims is that if the prior tenure is allowed to
lapse, it is not absorbed into the legacy claim, but the open ground is absorbed into a cell claim.

Therefore
a legacy claim is always affected by prior tenures or tenures in effect at the time of staking whereas the
ground held by a cell claim will expand to the full size of a cell as prior tenures lapse. This is a key distinction
for the land surveyor to remember. On, January 1st, 2008,

Section 49 of the Miscellaneous Statutes Amendment Act, 2007, was given the force
of law, and it states:
“The identification on the ground of a legacy claim or legacy placer lease may be made by a map
approved for that purpose by the Chief Gold Commissioner, and if there is a difference between
the identification of a legacy claim or a legacy placer lease as determined by that map and the
identification of the legacy claim or legacy placer lease as determined by stakes, marks or posts,
the identification as determined by the map prevails.”
This was known as map freezing and rivals map–staking as the most significant change in mineral titles in
British Columbia.

Map freezing, along with online mineral title acquisition, has eliminated many of the
complexities normally associated with the completion of a survey of historical (pre December 1, 2004) titles
or legacy titles. The determination of boundaries based on a map location where conflicting interests exist presents the
need for a new mindset; one not based on posts on the ground always governing, and the land surveyor
must deal with the complexities associated with map freezing. This change was addressed by the
Association with complete re-write of Part 11 of the GSIR, SR6-07, effective January 1st, 2008. Further
amendments of Part 11 of the GSIR were made with SR7-08, effective November 4, 2008. These changes
migrated to the Survey and Plan Rules in 2018.

The onus is on the land surveyor conducting a mineral title survey to become familiar with the legislation
and regulations governing mineral tenures in British Columbia. By referring to the MTA, the Mineral Tenure Act Regulations, Part 9 of the SPR and this Chapter, many of
the questions to be asked prior to, or during the conduct of, a survey under the MTA can be answered. But for those where the answers are unclear or not evident many other resources are available.

These include, but are not limited to:
(a) the Chief Gold Commissioner of the MEMLI;
(b) the Surveyor General Services staff of the Land Title & Survey Authority;
Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 2
(c) Mineral Titles Online at www.mtonline.gov.bc.ca;
(d) the Mineral Titles Branch website and the Information Updates. In particular, at this writing,
Information Update No. 31, Mining and Placer Lease Survey Procedure;
(e) the Association for Mineral Exploration British Columbia (AMEBC) (formerly the BC and Yukon
Chamber of Mines) www.amebc.ca. Given the short history of map-staking, and the recent adoption of map freezing by the MEMLI, there are
some unique situations that arise during the conduct of a survey under the MTA.

Only through one’s due
diligence can a land surveyor ensure that the spirit and intent of the MTA is met. To effectively conduct a
survey under the MTA, that due diligence requires the land surveyor to stay abreast of any legislative or
regulatory amendments, bulletins posted by the MEMLI, recent court proceedings, practice advisories,
this Chapter and other sources. 1) Tracking Mining Legislation - Regulations and Survey Procedures
This can be a laborious task, but the exercise can be somewhat simplified by following a few key
guidelines.

(a) Determining included minerals at the time of staking
Since Governor Douglas’ first Proclamation on March
Tip
26th, 1853, the Province has taken steps to regulate the
extraction of its valued mineral resources and an
With Provincial legislation in a
analysis of the definition of minerals over time clearly constant state of change,
points to the Province’s attempt to ensure its continued research should begin with a
involvement with the extraction of those resources.

referral to the edition of the
Revised Statutes of British
Study reveals clear shifts in Provincial policy where in
Columbia (RSBC) published
the earliest of Crown Grants, in some cases, the
immediately before the location
Province conveyed the rights to both precious and base
date of the legacy claim or
metals, to a shift that saw the complete cessation of the
claims. granting in fee simple of Provincial mineral rights on
These publications represent a
February 28th, 1957. (In 1958 a further amendment was
consolidation of Provincial
enacted to allow a Crown Grant containing minerals to
legislation and are a valued
be issued where an application was filed prior to
reference source as they track
February 28, 1957.

As a result of this amendment
the statutory revisions to
certain Crown Grants containing minerals were issued
legislation between their
as late as the late 1960’s.) respective publications. The shifts in Provincial policy can be traced through the
ever-changing definition of minerals within the various
Mineral Tenure Acts. This is very apparent when one considers the redefinition of minerals in
1988; one that saw some industrial minerals falling within the purview of the MTA. Previously,
they were dealt with under the Land Act and as such passed with Land Act Crown Grants.

Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 3
(b) Be cognizant of key dates
As the Regulations have been subject to so many
amendments and will continue to be subject to
Tip
many more, it is imperative that certain key dates
in mining legislation be firmly etched in one’s
Appendix 1, Key Dates, while
mind. For example, September 10th, 1974 is a key
not exhaustive, is a listing of
date in the Province’s mining history as it marks
some key dates to bear in mind,
the introduction of 4-post staking, (initially called
together with the significance
modified grid type mineral claims), which and/or impact of the given date. became effective on March 1st, 1975. January
12th, 2005 marks the introduction of Mineral
Titles Online.

See Appendix 1, Key Dates. When required to identify Key Dates, one should refer to historic legislation, regulations,
and old versions of the General Survey Instructions to British Columbia Land Surveyors
(GSI). Regulations can be found in Part II of the British Columbia Gazette and are readily
available from within government. (c) Review early versions of the General Survey Instructions
Historically, the publication of the GSI has done a good job of providing instructions to
land surveyors that reflect the survey requirements necessary to satisfy the existing
statutory provisions and regulations pertaining to mineral tenures at a given point in time.

The various editions of the GSI over time reflect the efforts made to keep the GSI updated
and in sync with the changes introduced to satisfy the mining industry. Historical volumes
of the Surveyor General Instructions from 1918 to present are available on the
Association website. (d) Stay abreast of recent court decisions
Links to many court decisions can be found on the Association website.

(e) Liaise with those who have experience with MTA surveys
In addition to any support provided by the Association, when retained to conduct a survey
under the MTA, after the land surveyor has become familiar with the Mineral Tenure Act
and Regulations, Mineral Titles Online, the Survey and Plan Rules, this Manual, and in
particular with this Chapter, and other related sources of information listed in this
Chapter, they should not hesitate to contact those in the profession who are known to
have conducted MTA surveys. While their numbers are not large, their experience should
be shared to the benefit of others.

Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 4
Part 2 – Mineral Tenures
Map freezing of legacy claims may have eliminated the requirement to be totally cognizant of the MTA
and regulations affecting the location of legacy claims. Subject to ties to and georeferencing of other
tenures and surface rights that affect a mineral title, the recorded holder of a legacy mineral title holds
the ground shown on the map approved by the Chief Gold Commissioner. Many of the rules and
procedures discussed in the following sections no longer apply.

This discussion has been included in this Chapter to provide a historical overview of various iterations of
Mineral Tenure Acts, Regulations, staking procedures and various survey rules and procedures so as to
provide the land surveyor with a good understanding and insight into what historically was involved in
legacy claim surveys. Additionally, when legacy claims are included in current surveys the land surveyor
must have a good understanding of how the map was compiled in order to determine if the legacy
coordinates received from the Mineral Titles Branch accurately reflect the intent of the legacy claim
locators and the map. Blindly accepting the legacy coordinates received from the Mineral Titles Branch
may not be good practice based on the comments in this paragraph.

1) Historical Location of Legacy Tenures
In order to locate a legacy tenure an individual or company purchased a Free Miner’s Certificate (FMC)
and claim post tags from the Mineral Titles Branch or a Government Agent; posts were cut or cairns
were built; tags were filled in; lines blazed or marked; forms were filled in and filed with a prescribed
fee; and title to a mineral claim was acquired. The acquisition of a FMC did not require any particular qualification or talent, although for a brief
period there was an open book test where Free Miners were tested on their knowledge of applicable
staking regulations. Many Free Miners were very good at staking mineral claims and reporting the location of the claims.

Their efforts and expertise resulted in secure tenure. Unfortunately, there was a lot of poor staking
done. This could be attributed to several factors, such as
(i) dropping or “bombing” posts from helicopters;
(ii) in-experience in the bush;
(iii) the inability to read maps; or
(iv) lack of knowledge as to what valley they were staking in at a particular time. The plotted position of a mineral title on the map was based on the position reported by the Free
Miner which could be erroneous, sometimes by kilometres. This all made a poor foundation for map
freezing. (a) Legacy Tenures
Over time claim staking has consisted of 1-post, 2-post, 4-post or Unit, Fractional, and Witness
staking, with the primary methods of staking having been 2-post and 4-post claims.

Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 5
I. 2-Post Mineral Claims
2-post claims have been a mainstay for the Free
Tip: Understanding a fraction created
Miner (prospector). They were the primary
method of claim staking until March 1st, 1975, A fraction created, or sometimes
when 4-post or Unit mineral claims were referred to as an included fraction, is
permitted. formed by producing the side line of a
claim being surveyed to meet the
When 2-post staking the Free Miner cut or
boundary of a previously located claim
established post No.1, affixed a numbered tag
which is touched or crossed by the
with information about the claim, date of location,
location line of the new claim. This rule
direction to the No.2 post and locator.

The
could be confusing. Versions of the GSI
location line was then blazed or marked out up to
& GSIR prior to SR6-07 should be
1500 feet (later changed to 500 metres) in length,
referred to for more information and
and the No.2 post was set and a tag affixed. explanatory sketches. Distances up to a combined 1500 feet (500
metres) could be designated to either side of the location line. In many cases two No.1 posts
or two sets of tags on one No.1 post were set and one claim was designated 1500 feet right of
the location line and the other claim was designated 1500 feet left of the location line. This
system worked well in British Columbia.

The Free Miner could acquire a large area in a short
time by running the location lines along a valley or mountain ridge, and staking a 3000 foot
wide swath. If a claim was staked long (over 1500 feet or, later over 500 metres), the end of the claim was
established back along the location line to a virtual post 1500 feet (or 500 metres) from the
No.1 post. As the No.1 post tag for the next claim was often at or on the No.2 post, this created
gaps as the No.1 post for that next claim was never moved. For this reason, the experienced
Free Miner would stake No. 2 posts slightly short of 1500 feet (or 500 metres).

The maximum area for a 1500 x 1500 foot claim was 51.65 acres. To eliminate open ground,
gores, and such, a fraction created could be included in the claim, so long as the area did not
exceed 51.65 acres or where the inclusion did not cause the area of the mineral title to exceed
the area specified by the MTA Regulations.2-post claims switched from 1500 foot increments
to 500 metres on August 15, 1988. For a period of time after March 1st, 1975 the staking of 2
post claims was limited to individuals and to the staking of eight claims per year. II. 4-Post or Unit Mineral Claims
The introduction of 4-post or Unit mineral claims based on 500m x 500m units initially met
some resistance.

The argument was that a rectangular system based on cardinal bearings did
not suit British Columbia as valleys and mountain ridges did not run true north, south, east or
west. There could be up to 20, 500m x 500m units in a 4-post claim, with the maximum of 8 units in
one direction. As noted, bearings were cardinal; (000o) referred to the astronomic meridian
through the legal corner post. Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 6
To locate a 4-post claim, the Free Miner would
obtain numbered tags from the Mineral Titles
Branch or a Government Agent. Four tags were
required: one legal corner post (LCP) tag and
three corner post tags.

The LCP would be cut or set and the LCP tag
marked with claim name, locator, agent for (if
applicable), date and start time, and number of
units N, S, E or W; e.g. 5N 4W. Once the LCP was
set the Free Miner blazed the external
boundaries in cardinal directions; every 500m
an ID post would be cut with the claim name,
Claim Post
date, and post number affixed; e.g. 1N 0W or 5N
1W. Corner post tags would be attached to the
three corner posts. When the Free Miner had
completed the circuit of the claim, blazing the
boundaries and setting the posts, on returning to
the LCP, the completion time would be marked
on the LCP tag.

The claim was considered to be
valid at the completion time. The position of a 4-
post claim is governed only by the position of the
LCP; the blazed lines, ID and corner posts serve
only to lead back to the LCP or to re-establish
the LCP if it was lost or destroyed. Claim Tags
III. Legacy Claims Miscellany
If the location documents for legacy claims were not filed with the Chief Gold Commissioner
within a certain period, the claim would be considered void ab initio (not staked at all). To clean up areas of poor staking, or to change claim configurations, the recorded holder
could apply to the Chief Gold Commissioner to abandon and relocate claims.

On abandonment, only the recorded holder had the right to acquire mineral title for a set
period, over the areas held by the abandoned claim, and then the relocated claims would
have to be filed with the Chief Gold Commissioner within the prescribed period in order to
remain valid. The effective date and completion time for the new claims was the location date
and completion time of the abandoned claims. Claims were allowed to be challenged - the staking up to one year after location, and the filing
of work up to one year after the statement of work was submitted.

Caution had to be
Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 7
exercised in active or “hot” mineral potential areas
when abandoning a claim or relocating it, as this
opened the opportunity for others to protest the
staking for up to one year and perhaps acquire title
to the ground by an adverse action. Tip
As noted in Part 1, legacy claims only acquired the
The fact that an existing legacy
open ground available at the time of staking. If part
claim is always affected by any
of the ground was already covered by a prior mineral
prior mineral titles is the most
tenure, then that area was excluded from the new
significant difference between
claim.

If the underlying claim was allowed to lapse
legacy claims and cell claims. after the new claim had been located, the new claim
would not acquire this ground. A legacy claim was
always affected by prior claims or other subsurface
rights, such as Crown Grants. The survey of legacy claims was broken down into four phases:
• office research;
• a location line survey;
• posting external boundaries; and
• plan preparation. The office research involved searching the records in the Gold Commissioner’s office for all
claims in the area of the survey, obtaining the claim records, and the locator’s documents and
sketches. This typically was not a straight line search. Claim data was taken from the files and
off the Mineral Title Reference Maps.

Starting with the Reference Map that showed open
ground, all the subsequent maps would be obtained. The claims shown on each map would
be noted and combined with the claims’ data extracted from the files. This data was then
sorted by date, (a spread sheet worked well for this) and in complicated areas, a time line plot
was found to be very useful. From this information, the priority of location and those tenures
affecting a particular title could be determined. With the office research information, the land surveyor moved on to the next phase: the
location line survey, locating all claim posts for the claim to be surveyed, as well as those of
other tenures or interests that affected the title under survey.

As noted previously, not all
claims were located where they were shown on the locator’s sketch and subsequently on the
Mineral Title Reference Maps. So it was often necessary to go back and revise the priority of
location spreadsheet and time line plot. Many times it was difficult to find a claim post or a legal corner post, and searches could take
days or weeks. Before a land surveyor could use the reported position on the locator’s sketch,
the original locator would have to be contacted and if available, or willing, brought in to locate
the posts or re-establish the posts and file an affidavit or Statutory Declaration with the Chief
Gold Commissioner detailing the re-establishment.

If the original locator was not available, a
Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 8
Statutory Declaration regarding the location of posts could be taken from someone who had
firsthand knowledge of the location. Once all due diligence was exercised in trying to locate
the claim posts, as a last resort the land surveyor could use the position as described on the
locator’s application to record a mineral claim and the accompanying location sketch. Once the land surveyor was satisfied that there was sufficient data in order to reach a
conclusion, the claim would then be posted and the final plan would be drafted.

The plan
would be reviewed by the Surveyor General Branch and the Mineral Titles Branch, and if all
was satisfactory it would be accepted by the Surveyor General Branch. After the Notice of
Intention to Apply for a Lease had been placed in the local newspapers and Part I of the BC
Gazette, the plan would be approved by the Surveyor General and filed in the Crown Land
Registry.

2) Cell Claim Tenures
With the introduction of electronic mineral title acquisition or map-staking, at 12:00 on January 12th,
2005, only an individual or company holding a valid Free Miner’s Certificate (FMC), a BCeID (a user
name and password required for entry on the MTO and many other government online sites) and a
credit card can acquire new mineral or placer claims through MTO. These claims are known as cell
claims. While MTO made provision for valid old ground staked claims to continue as legacy claims
there was no allowance made for new ground based staking.

Tip
A cell claim, as defined under the MTA, means “a claim
consisting of a cell or cells,” with a cell being a geographic area Be careful when converting
shown electronically on a map of British Columbia, for the legacy claims to cell claims; if you
purpose of the MTO registry. Defined by the Mineral Title are not the first recorded holder
Online Grid Regulation (B.C. Reg. 530/2004), and styled after of a legacy claim within the cell
the historical petroleum and natural gas grid, which is based to convert you will lose ground. on the North American Datum of 1927, NAD 27 system of
latitudes and longitudes converted to NAD83, CSRS. A cell is a
Tip
quarter unit on this grid. (See

Section 2) a) Cell Claim
Coordinates below). Order in Council No. 229,
deposited April 20, 2012 as B.C. Originally a new cell claim could only consist of up to 25
Reg. 89/2012 gave, Bill 20 - 2010,
complete or adjoining cells. Order in Council No. 229,
Miscellaneous Statutes
deposited April 20, 2012 as B.C. Reg. 89/2012 amended
Amendment Act (No. 3), 2010
Mineral Tenure Act Regulation B.C. Reg, 529/2004 to allow

Section 66 the force of law. the number of complete or partial adjoining cells on a new cell
See Mineral Tenure Act
claim to increase from 25 to 100. See Mineral Tenure Act
Regulation B.C. Reg. 529/2004

Section 5.1, that enables and sets
must share a common boundary other than just a corner. The
some conditions for the
size of a cell ranges from around 21 hectares in southern B.C
subdivision of cell claims. to 16 hectares in northern B.C. Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 9
Cell claims only acquire the rights to open ground at the time of acquisition; however, as prior tenures
lapse a cell claim will expand to cover the full size of a cell. Legacy claims may be converted by the recorded holder into cell claims. The Mineral Titles Branch has
encouraged their clients to do so and does not charge a fee for this.

A cell encumbered in whole or in
part by one or more legacy claims was only available for registration as a claim by the legacy claim
holders until July 11th, 2005 for mineral legacy claims and until November 30th, 2005 for legacy placer
claims. After that, as long as the open ground in a cell is not considered by the Chief Gold
Commissioner to be too small or too irregular to be workable, the ground is open to any Free Miner
to acquire.

The advantage of being the first Free Miner to acquire part of a cell encumbered by one
or more legacy claims (held by others) was that the part cell would increase to full size as the legacy
claims lapsed or were cancelled, except where the legacy claims are taken to lease. Two or more cell claims held by the same recorded holder can be amalgamated into one cell claim. Amalgamated cell claims can hold any number of cells. However, the cell claim could become too large
to be practical and workable. When converting or amalgamating claims the expiry date of the new cell
claim is the earliest of the expiry dates of the converted or amalgamated claims.

Failure to recognize
and deal with this by topping up with cash-in-lieu, applying work, or other means can be costly. Cell claims may be reduced in size or abandoned at any time. The ground held by an abandoned claim
is not available for reacquisition until its normal expiry or good to date. All claims, whether newly acquired, converted from legacy claims, or amalgamated, are assigned a
number (500,000+) by MTO. New claims can also be assigned a name like ‘Lucky Strike’ or any other
appropriate identifier that the Free Miner chooses. As noted, a FMC and a BCeID is required for any
Good Practice
transactions on MTO.

The application forms for
these are included on the Mineral Titles Branch It is good practice to have your client
website described in Part 1. Other holders of a FMC assign agency on their FMC and BCeID to
and a BCeID can be designated to act as an agent to the land surveyor so that the land
carry out certain specified tasks. surveyor can acquire any open ground
found during the course of a survey. Bill 20 - 2010, Miscellaneous Statutes Amendment
Act (No. 3), 2010

Section 66, (Mineral Tenure Act, This tip is particularly valid when

Section 24.3), authorizes the subdivision, in surveying legacy claims and on
georeferencing tenures that affect or
accordance with the MTA Regulations, of cell claims
may affect the title under survey. into two or more cell claims not less than one cell in
size. The enactment of this provision is pending. (a) Cell Claim Coordinates
Issued, maintained and obtainable from the Surveyor General, grid coordinates are based on the
North American Datum of 1983 Canadian Spatial Reference System (NAD83 CSRS). Cell claim
coordinates can also be obtained through MTO. Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 10
NAD83 (CSRS) is realized through the current active and passive control that is published in
MASCOT.

(MASCOT is maintained by the Ministry of Forests, Lands Natural Resource Operations
and Rural Development. (MFLNRORD) The grid coordinates were calculated by converting the
P.N.G. Grid from NAD27 to NAD83 using the version NTV 1.1 National Transform, however, as the
transformed coordinates were adopted as NAD83 (CSRS) by regulation - no additional transform
or datum conversion is needed - both the cell coordinates and the MASCOT framework are in the
same reference system - NAD83 (CSRS).

Tip
To obtain a listing of all cell coordinates in a cell claim follow these steps:
(1) Go to Mineral Titles online at www.mtonline.gov.bc.ca;
(2) In the yellow boxes at the bottom click on “Tenure Search”;
(3) Enter a tenure number and then click on ‘Next’;
(4) Go to Tenure Events at the bottom and click on the blue “acquisition” event
number or “conversion” event and it will take you to the appropriate Cell Event
Detail which will provide you with the Cell ID’s and the Cell UTM Coordinates. The MTO Help Guide can also direct you to location of cell coordinates and other
mineral tenure data.

3) Legacy Tenures after the Map Freeze
After, January 1st, 2008, and map-freezing, critical factors such as when a claim was located, whether
multi-parcel claims were permitted and priority of location that were so important to the land
surveyor before the map freeze, lost much of their significance. What is important, and what the land
surveyor must remember about legacy claims, is that they were and still are affected by other tenures,
such as Crown Grants, reserves, parks and other subsurface rights that typically are not
georeferenced, so it is unlikely that their correct spatial orientation will be depicted on the map.

The extent of the legacy claims is defined by the position shown on a map approved by the Chief Gold
Commissioner, regardless of where the claim posts are on the ground. If on field survey, ties to, and georeferencing of other tenures that may affect the title(s) under survey
are found to encroach into the title under survey, the area shown on MTO will be reduced accordingly. However, if the boundaries of the affecting tenures are found on the ground to be further away from
the boundaries of the title under survey then the boundaries of the title under survey as shown on
MTO apply. The gap found to exist between the above mentioned boundaries should be dealt with
appropriately.

(a) Crown Grants Acquired by Auction
Some reverted, escheated or surrendered Crown granted 2 post claims were acquired/re-issued
via an auction process and became legacy claims. While the Crown Grant was surveyed and
defined by a District Lot number after the map freeze on January 1, 2008, with map confirmation,
Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 11

section 24.1(5) of the MTA Act states that the map position prevails over the position determined
by posts on the ground. Legacy Coordinates for these tenures must be obtained from the Mineral Titles Branch. If the
underlying Crown Grant survey is still valid it will have to be re-established during a MTA survey
in accordance with the Rules. If there is a difference in the map position versus the ground
position the map position prevails. However, on a case by case basis the Mineral Titles Branch
may consider amending the map to conform to the ground position. (b) Legacy Claim Coordinates
Legacy Claim Coordinates are obtained from the Mineral Titles Branch GIS Analysis, see
Information Letter No. 31, Mining and Placer Lease Survey Procedures.

In many cases there is not a unique set of coordinates for each legacy claim corner within the
MTO system. The Province has not been able to invest the time and money to fully resolve all
legacy claims to ensure that there are no overlaps at all between adjacent legacy claims in the
system and no inappropriate gaps.There are also several areas of the province where legacy claim
boundaries do not line up. Where adjacency is an issue and affects the security of a title, the land
surveyor and the Mineral Titles Branch should work at identifying these issues early in the survey
process so that they can be dealt with appropriately.

This may lead to amendments to legacy
claim boundaries so that vertices and boundaries match between two adjacent legacy claims. The process for issuing legacy claim coordinates is as follows:
1. The Mineral Titles Branch receives a request for legacy claim coordinates. 2. The Mineral Titles Branch will check that there are no overlaps at all between adjacent legacy
claims in the system and no inappropriate gaps in between the requested legacy claims and
will work with their Tenure Business Group to make any necessary amendments. 3. The Mineral Titles Branch will provide the centimetre level UTM coordinates. This will
include a map, a text file listing of the coordinates, and a disclaimer. This disclaimer will
provide direction on correct use of these coordinates. 4.

If anomalies are identified by the land surveyor and are determined to affect the integrity of
the proposed lease area, the Mineral Titles Branch will consider an amendment. 5. The Mineral Titles Branch will forward the proposed amendments to the Tenure Business
Support group. • Tenure Business Support will advise the Mineral Titles Branch of any issues or effects on
adjacent titles. • The Mineral Titles Branch will decide if an amendment should proceed. • Tenure Business Support makes amendments and notifies the Mineral Titles Branch
which titles have been amended. Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 12
6.

If anomalies are identified, and the Mineral Titles Branch decides that an amendment should
proceed, the Mineral Titles Branch will provide the land surveyor with new coordinates of
the amended legacy claims. 7. The land surveyor carries out the survey using new (correct) coordinates as provided by the
Mineral Titles Branch. 4) Recent Legislation and Rule Changes
As discussed in this Chapter, amendments to the MTA were introduced during the 38th Parliament
and were included within Bill 12-2007 (Miscellaneous Statutes Amendment Act, 2007). Sections 44 to
53 (inclusive) of Bill 12 applied to existing Sections of the Mineral Tenure Act, R.S.B.C. 1996, c. 292,
with Sections 49 and 50 having a direct impact on both the requirements and processes involving
surveys under the MTA.

Section 49 or map freezing resulted in the mapped position of legacy claims confirmed as of
January 1st, 2008.

Section 50 amended MTA Section 42. With the repeal of Subsection 2 of Section 42, the mandatory
requirement for a survey was removed and replaced with a discretionary requirement pursuant to
Sub

section 1 (b) which states, “if required to do so by the chief gold commissioner, have the mineral
claim over which the mining lease will be issued surveyed by a British Columbia land surveyor and have
the survey approved by the Surveyor General.”
Additional amendments to the MTA were introduced during the 39th Parliament and were included
within Bill 20-2010 (Miscellaneous Statutes Amendment Act (No. 3), 2010). Sections 62 to 71
(inclusive) of Bill 20 applied to existing sections of the Mineral Tenure Act, R.S.B.C. 1996, c. 292. Order in Council No. 229 deposited April 20, 2012 as B.C. Reg. 89/2012 ordered that effective
July 1, 2012:
a.

Sections 61, 65 and 69 of the Miscellaneous Statute Amendment Act (No.3), 2010, S.B.C.2010,
c.21, are brought into force, and
b. The Mineral Tenure Act Regulation, B.C. Reg. 529/2004, is amended as set out in the attached
Appendix. Copies of the amendments can be found at:
http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/529_2004. Some amendments that may be of interest to the land surveyor and their clients:
1.

Section 4(1) – Registrations of new claims: The number of complete or partial adjoining cells
that can be included in an individual claim will increase from 25 to 100. 2.

Section 5.1 – Subdivision of cell claims: Will be able to register two or more subdivided cell
claims with some conditions. The subdivided cell claims will have the same recording date and
expiry date as the original cell claim. Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 13
3.

Section 8(4) and (5) – Value of exploration and development work required:
• Mineral Claim:
1st and 2nd anniversary years: $5/ha
3rd and 4th anniversary years: $10/ha
5th and 6th anniversary years: $15/ha
Subsequent anniversary years: $20/ha
• Placer Claim: $20/ha (all anniversary years)
4.

Section 10(5) and (6) – Cash in lieu of exploration and development work: CIL will be double
the value of exploration and development work for mineral and placer claims. See Appendix 1, Key Dates for details of the above noted legislation. The GSIR amendments, SR6-07 and SR 7-08, as now set out in Part 9 of the Rules fit the model of a
performance based system rather than that of a prescriptive based system. They are intended to
accommodate the needs of those parties involved in both the regulatory and operational
requirements of the industry.

In doing so, and at the specific request of the Mineral Titles Branch, the
resulting rules reflect initiatives that would:
(i) streamline and expedite the mining lease process;
(ii) reduce the ‘up front’ burden of survey costs; and
(iii) provide a survey that took the operational requirements of the stakeholder(s) into
consideration.

Part 3 – Current Mineral Title Surveys
1) Translating the Survey and Plan Rules Part 9- Surveys Under the Mineral Tenure
Act Into Practice
(a) Requests for a Mineral Tenure Survey (SPR 9-2)
A MTA survey may be conducted, when required
Note
by the Chief Gold Commissioner, requested by
the recorded holder of a mineral title, ordered by
If an existing rule is self-explanatory it
a court, or as required by legislation, such as MTA
will not be addressed in this section. Sections 42, 44 and 45. The Mineral Titles Branch Information Update Tip
No.

31, Mining and Placer Lease Survey
For survey plan preparation GeoBC is a
Procedure discusses the land surveyor preparing
valuable source for Trim Data and
and submitting a MTA survey strategy to the
Mapping, Mineral Tenure Cell Grids and
Mineral Titles Branch for review and comments. Claim Data that can be downloaded and
The Mineral Titles Branch may in turn consult
imported into your plan. with the Surveyor General and additional survey
requirements may be identified.

Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 14
The land surveyor is in the best position to determine
Tip
what is required and whether or not a full survey
with full monumentation is needed or a partial
It should be noted that with Mineral
survey with limited or no monumentation will
Tenure Act surveys, there has
suffice. always been an advantage to being
In order to ensure the quiet enjoyment of a mineral the first legal survey in an area in
tenure it is good practice to have the boundaries of order to pick up any open ground. the mineral tenure delineated on the ground.

In
doing so, such a survey will:
(i) ensure the quiet and non-contentious enjoyment of security of tenure;
(ii) provide for the continued practice of allowing multiple tenures to be assigned to the
landscape with clearly defined parameters; and
(iii) continue to build on the strength and expansion of the existing cadastre. Good Practice
It is good practice for the land surveyor to assess all his client’s current and long-term survey
needs on a mining project and in accordance with the client’s budgetary considerations to
develop a survey strategy covering control, mapping and cadastral survey requirements. The land surveyor should sit down with the client to determine the extent of survey required
in order to ensure that the client’s best interests are foremost.

Such a meeting will result in a survey strategy that forms an integral part of the submission
to the Mineral Titles Branch. By doing so, the interests of both the general public and the
client will be assured. The land surveyor must consider the best interests of the public, holders of adjoining properties
and those of his client. The land surveyor should discuss the prospective development and
mining plans with his client and, in accordance with the clients budgetary considerations,
develop a survey strategy covering control, mapping and cadastral requirements. This survey
strategy should be submitted to the Chief Gold Commissioner through the Mineral Titles
Branch. Note
The Rules require that all plans associated with
MTA surveys are to be electronic plans.

MTA
Mineral Tenure Act Surveys are
survey plans and any monumentation placed are
identified by the electronic plan
identified by the electronic plan number. number. (b) Extent of a mineral title
Rules 9-4(1) and (2) state that the extent of a mineral title shall be defined by, in the case of cell
claims, the mineral title online grid, and in the case of legacy claims, by the position shown on a
map approved by the Chief Gold Commissioner provided in the form of legacy claim coordinates
issued by the Mineral Titles Branch. SPR 9-4(3) refers to approved surveyed parcel(s) referred
to in the Chief Gold Commissioner’s Records. One extent may affect another depending on the
priority of location.

Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 15
(c) Co-ordinate Based Cadastre (SPR 9-4)
MTA legislation and regulations has in effect created a co-ordinate based cadastre to define the
extent of various mineral titles. There is no legal precedent to determine what defines the
boundary of a cell claim or a legacy claim after the map freeze, the survey post placed on the
boundary or the co-ordinates defining the boundary issued by the Mineral Titles Branch. In
many cases recent surveys are basically control surveys with very few, if any, monuments set
on boundaries, however land surveyors should be cautious when redefining boundaries of
mineral tenures.

All plans contain coordinate tables with the boundary co-ordinates issued by the Mineral Titles
Branch listed, which supports the argument that co-ordinates govern. A survey post set to define a mineral title can only be considered an original monument as
defined in

Section 11 of the Land Survey Act, and may only govern if it is referred to in the Chief
Gold Commissioner’s records. Otherwise, on re-survey, the mineral title online grid or map
position would define the extent of the mineral title. Further, if the boundary posts are destroyed the only method of re-establishing the boundary,
in many cases, will be from the co-ordinates issued by the Mineral Titles Branch and shown on
the plan of survey. This issue will require more thought and discussion.

In the meantime, land surveyors need to
proceed very cautiously when questioning the position of a post, set on the boundary of a cell
claim or a legacy claim after the freeze, that has not been disturbed and is within the accuracy
limits of today’s equipment and the required accuracies defined by the Rules. Before taking any
adverse action it is strongly recommended that the land surveyor consult with the Surveyor
General and the Chief Gold Commissioner.

(d) Other Tenures or Interests (Rule 9-5)
Tip
While some types of tenure or interests have been
Be aware that not all minerals
alluded to in this rule, the onus is on the land surveyor to
were reserved to the Crown
recognize all existing tenures or interests that may have
under early grants. Some
an impact on the undersurface rights of the mineral
subsurface rights were
title(s) under survey.

This determination must include
transferred with early surface
both an analysis of the definition of included minerals
grants, so it is possible that those
contained within the legislation in effect at the time of rights may still be unavailable
the acquisition of the claim or claims, together with a and as such they would not be
review of any existing Crown Grants of the surface included within the bundle of
directly impacting the title(s) under survey. It is possible subsurface rights associated with
that mineral rights may be split between different the title under survey.

Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 16
owners or tenure holders; a situation that has come
about as a result of the evolution of Provincial mining
Do your due diligence when legislation. researching any existing granted
Rule 9-5(3) states that “the land surveyor must
surface interests that may impact
procure sufficient evidence in order to reach a
the titles under survey. conclusion as to the true location of the mineral title
Good Practice boundary being surveyed.” This is a holdover from
earlier versions of the MTA Part of the Rules. This rule
Ensure that all supporting
would apply to the re-establishment of Crown Grants
information is obtained and
and mining leases that affect or may affect.

This rule
presented in a systematic,
may also be interpreted as a need to review all legacy
organized, and professional
claim coordinates received from the Mineral Titles
manner to the Surveyor General
Branch to ensure that they correctly represent the
and to the Chief Gold
correct relationship of legacy claim boundaries. This is
Commissioner through the
Mineral Titles Branch. one of the reasons why the land surveyor must be
familiar with Parts 1 and 2 of this Chapter which
provide a general background and discuss the historical location on mineral tenures in British
Columbia. In situations that cannot be simply resolved, the land surveyor is directed to seek
written directions from the Chief Gold Commissioner.

(e) Monumentation (Rule 9-6))
The Mineral Titles Branch Information Update No.31 – Mining and Placer Lease Survey
Procedure does comment on the minimum number of survey monuments required. Sufficient
monumentation to adequately define the boundary, or portion of the boundary, being surveyed
is required. The number of posts set and lines cut and blazed is at the discretion of the land
surveyor. Considerations and governing factors include:
(i) terrain and vegetation;
(ii) the sophistication of the client, who may have their own surveyor on-site. We want to
ensure that our clients stay within their boundaries and that neighbouring operations do
not encroach on our clients’ operations.

(iii) orthophotos referenced to the cadastre to help our client be visually aware of the
boundary locations,
(iv) to promote the quiet enjoyment of secure titles and such. The balance of Rule 9-6 suggests that the more monumentation placed the better and well-
marked capped posts, bearing the year of survey, commission number of the land surveyor, the
letters MT, the electronic plan number and the monument number in accordance with Rule 9-
8(2), rather than traverse hubs, which are strongly discouraged. For the running and marking of boundaries, bearing trees and cairns refer to Part 7 of this
manual.

Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 17
(f) Plans (Rules 9-7 and 9-8)
Plans must have a title similar in form to the following:
“Plan of Survey of (or Part of) (description of mineral title(s) being surveyed), Land District,”
The titles being surveyed could be claims and/or leases. • In accordance with Rule 9-8(1), to align the survey data with other mineral title data, all
data is to be expressed in relation to the UTM projection on the mapping plane. A
combined scale factor to convert to ground level may be useful and may be included. • All exterior corners and monumentation found or placed during the survey must be
consecutively numbered with their coordinates shown in a table.

Coordinate Tables
showing claim coordinates received from the Mineral Titles Branch must be shown to the
same significant figures as received, to the millimetre for cell claims and to the centimetre
for legacy claims. Coordinate Tables for monumentation found or placed should reflect the
accuracy of the survey, showing these coordinates to the millimetre is discouraged. • All information shown on the plan image must be expressed in the UTM projection. • Areas are to be based on grid bearings and distances. • The bed of a body of non-tidal water does not get eliminated from the area of a mineral
tenure survey. There is a No Staking Reserve over tidal waters, O.I.C. 309, 1967, which
includes some lakes identified as tidal.

• Water courses and bodies of water should be shown. This information may be derived
from field ties, existing mapping or orthophotography, GeoBC, TRIM Mapping or other
georeferenced sources. The source of this data must be noted in the plan’s legend. • Unit numbers are not required, mineral title designation including the claim name and cell
numbering, if applicable, is required. • Highways, public roads, forest service roads, Oil and Gas Activities Act roads and other
ways shall be shown. • Rule 9-8(8) requires accurately calculated and plotted positions of other surveyed tenures
or interests and requires ties to all surveys in the vicinity of the mineral titles being
surveyed. This requirement is in addition to the requirements under Rule 9-5(2).

• Rule 9-8(9) requires notations on the plan providing details of any boundaries cut, cleared
and blazed. The land surveyor should use the same considerations and governing factors
as discussed in Section f above when determining which boundaries should be cut out
and/or blazed. • Plans of surveys will be filed in the Crown Land Registry once the plan is reviewed and
confirmed by or for the Surveyor General.

Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 18
(g) Plan Submission Requirements
A completed copy of both the Mineral Title Plan
checklist and the Mineral Title Plan Information Form,
obtained from the Surveyor General website, found
under Submissions to the Surveyor General, is to be The LTSA fees for MTA survey
submitted with any MTA plan submission. plans can be quite high. Mineral title plans are submitted to the Surveyor It is considered good practice for
General for approval and filing in the Crown Land the land surveyor to receive
Registry.

payment for these fees before
the plan is submitted to the
Prior to filing a mineral title plan, the land surveyor
Surveyor General
should contact Surveyor General Operations and
request an SG file number. This file number is to be
entered on the Survey Plan Submission to Surveyor
General EFS Form. Plan submissions to the SG should be accompanied by the following supporting information
(ideally, in digital format):
1. A completed Mineral Title Plan Information Form (available at www.ltsa.ca);
2. Copies of relevant correspondence with the Mineral Titles Branch (e.g. letter advising of
the Chief Gold Commissioner’s requirement to have the mineral claim surveyed by a BCLS
or the correspondence discussing the survey strategy and such);
3.

A copy of cell and/or legacy claim coordinates supplied by the Mineral Titles Branch;
4. A map from Mineral Titles Online indicating the location of the surveyed mineral claim(s);
5. A map from ParcelMap BC showing the approximate location of the surveyed mineral
claim(s). The Integrated Land and Resource Registry (ILRR) web site has mineral and
placer title layers that can be included with cadastral data on a map. Some land surveyors
prefer to use this site rather than ParcelMap BC;
6. While not mandatory, the preparation and submission of a detailed survey report is
considered good practice, and
7.

Additionally, while not mandatory, digital copies of the plan in the form of GIS Shape files,
or .dxf or .dwg along with .text or .asc files of the coordinate listings are useful and
appreciated by the Mineral Titles Branch and the Surveyor General. The plan is to be submitted to the SG via the Electronic Filing System (EFS); however supporting
information must be submitted manually or electronically to the SG’s general mailbox at
surveyor.general@ltsa.ca. The SG file number should be referenced on supporting information. Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 19
APPENDIX 1: Key Dates
Caution
This appendix has not been updated since Version 2.2. Users should ensure that sufficient research is
conducted to confirm content accuracy. Filing, deposit,
Reg. No.

Impact or Effect
or O.I.C Date
1893 Claims located prior to that date require familiarity with the Statutes in force at the
-
May 15 time of location. Included Fraction - A mineral claim could have one included fraction at each end of
1948 the location line, but could not have more than one included fraction at either end
of a location line. 1957 The Crown introduced legislation to cease Crown Granting mineral rights and,
March 28 instead lease mineral rights . Effective April 21st, 1959 various sections of the Mineral Act Amendment Act, 1959
1959 came into force including the section which dealt with an Included Fraction - Where
May 14 a location line at the No.

2 post end cut a boundary of a previously located mineral
(Filing Date) 139/59 claim and the location line was staked long, on pull back of the location line to 1500’
April 20 from the No. 1 post the location line then failed to cut the boundary of the previously
(O.I.C. 824) located mineral claim, no included fraction was created since any portion of the
location line beyond the legal length of a two post claim is void ab initio. 1959 General Instructions respecting the survey of Mineral claims and Placer Leaseholds
302/59
November 12 in B.C. (Previous regulations dated August 15th, 1946 are cancelled)

Section 32 of the Mineral Act applies where it is impossible to mark the location-
1959 374/59 line of the claim owing to the ground being covered by water. (As to Reg. made by
O.I.C. No. 675, approved April 12th, 1947)
1960 Effective 11:59 p.m. November 1st, 1960 a Reserve was placed on the mining of all
October 7 208/60 Crown ores of iron within the Province except where previous alienation has taken
(O.I.C.2304) place. Prohibits Mining in or upon land under tidal waters and forming part of the
1967 continental shelf. This extends to lakes that are considered tidal, where their
January 30 100/68 outlets flow completely backwards at high tide such as the Nitinat, Kennedy and
(O.I.C. 309) Harrison Lakes (Amended in 1989 under BC Reg.

4/89 and in 1990 under BC Reg. 148/90)
1970 Mineral Act Survey Instruction Regulations. (Previous regulations numbered BC
99/70
April 23 Reg. No. 302/59 and BC Reg. No. 236/60 are cancelled)
Under

Section 57 of the Mineral Act Reverted Crown Granted Mineral Claims (RCG
1973 MCs) - application to record could be made without the necessity of staking and
July 24 207/73 where adjoining RCG MCs did not collectively exceed 40acres they could be applied
(O.I.C. 2543) for as one mineral claim. (Amended by BC Reg. 390/74 and BC Reg. 141/76 and
Repealed and substituted by B.C. Reg. 290/77)
1974 No assignment, subletting, or transfer within one year of the first recording of
June 18 390/74 work for a Mineral Claim acquired pursuant to

Section 57 of the Mineral Act. (O.I.C. 1986) (Repealed and substituted by B.C. Reg. 290/77)
Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 20
Filing, deposit,
Reg. No. Impact or Effect
Unit System of Staking introduced by Regulation with an effective date of March
1st, 1975
- M.C. square in shape (500 x 500 metres) with area not less than 25 ha,
1974
established by Legal Corner post (LCP), with boundaries measured horizontally,
September 10
subject to prior interests (claims, CG M.C.s, or areas not open for staking, etc.) (Filing Date) 611/74
- M.C. shall consist of one parcel only, being the parcel closest to the L.C.P.

September 5
- Allowed for fractions not exceeding 25 ha in size with two boundaries common
(O.I.C. 2889)
with boundaries of existing M.C.s
- Unique Unit numbering system. (Amended by BC Reg. 153/75 and Repealed by
BC Reg. 587/77)
1974
November 13
No staking Province wide between January 15th, 1975 and February 28th, 1975,
(Filing Date) 743/74
inclusive. November 7
(O.I.C. 3551)
1975 Multi-parcel claims – Prior to this date, a mineral claim could only be in one parcel. February 18 If split the tenure holder was only entitled to that portion of the ground nearest
(Filing Date) 153/75 the No. 1 post.

After this date, a claim could consist of any number of parcels
February 14 except those parcels of less than 25 ha which were completely bounded by existing
(O.I.C. 596) CG M.C.s or RCG M.C.s or leases or existing located M.C.s or fractional M.C.s
1975
General Instructions Respecting the Survey of Mineral claims located on or before
December 4
February 28th, 1975 - cited as the “Mineral Act Survey Instructions, Two-post
(Filing Date) 778/75
Staking System” - applied to mineral claims located between May 15th, 1893 and
November 28
February 28th, 1975. (Previous B.C. Reg. 99/70 cancelled.) (O.I.C.

3680)
1975
December 8
General Instructions Respecting the Survey of Mineral Claims located after
(Filing Date) 783/75
February 28th, 1975 - cited as the “Mineral Act Survey Instructions, Unit System”
December 4
(O.I.C. 3768)
Amends previous O.I.C.s
1976 - Where a CG M.C. has reverted to the Crown pursuant to the provisions of the
February 18 Escheats Act or the Mineral Land Tax Act, no disposition could be made until
(Filing Date) 141/76 title to the MC was registered in the name of the Crown and two consecutive
February 16 publications appeared in a newspaper in circulation within the mining division
(O.I.C. 533) in which the CG M.C. was located. (Repealed and substituted by B.C. Reg. 290/77)
1977
July 25 Regulations Pursuant to

Section 57 - regarding the acquisition of Reverted Crown
(Filing Date) 290/77 Granted Mineral Claims
July 21 (Repealed by BC Reg. 587/77)
(O.I.C. 2369)
Major re-write and consolidation of the Mineral Act Regulations. Between 1977
1977
and 1988, when the next major release of these Regulations occurred there were
December 20
numerous changes made to the Regulations. Most of these changes applied to fees
(Filing Date) 587/77
and assessment work. Regulations to consider include: BC Reg. 494/79, BC Reg. December 15
153/81, and BC Reg. 112/82 and, with the exception of Part C, repealed by BC Reg. (O.I.C. 3818)
297/88). The balance of the Reg. was repealed by BC Reg. 529/2004. Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 21
Reg. No.

General Instructions Respecting the Survey of Mineral Claims and 2-Post Claims
Authorized under

Section 38 of the Mineral Act as Amended, 1977 and cited as the
1978 “Mineral Act Survey Instructions” the purpose of which was to place before B.C. February 14 49/78 land surveyors, in convenient form for reference, the rules that guide the land
(Filing Date) surveyor in performing his duties under the Mineral Act and in accordance with the
regulations governing the locating of mineral claims and 2-post claims under the
Act. (Previous BC Regs. 778/75 and 783/75 cancelled.) 1980
April 25
Uranium Moratorium - no free miner shall locate or record a mineral claim in
(Filing Date) 154/80
respect of uranium on land in the Province. April 24
(O.I.C. 923)
1983
February 23 91/83 Mineral Act Survey Instructions, B.C. Reg. 49/78 amended.

(Filing Date)
1988
Certain sections of the Mineral Tenure Act, SBC 1988, c. 5 were brought into force
July 15 275/88
by the Regulation. (Deposit Date)
1988
August 8 296/88
with an effective date of August 15th, 1988
(Deposit Date)
1988
Mineral Tenure Act Regulations enacted August 15th, 1988 served to amalgamate
August 8
the Mineral Act and Mining (Placer) Act Regulations. This Regulation replaced all
(Deposit Date) 297/88
but Part C of BC Reg. 587/77. (Repealed by BC Reg. 529/2004) Technical surveys for
August 5
Placer Titles were introduced at this time. (O.I.C.

1433)
1989
Tidal waters open to those having a right to a mineral substance under Sections 48
January 16 4/89
(2 and 6) of the MTA. (Deposit Date)
1989 Defines Recreational Areas (where one- post claims were permitted) with an
March 21 effective date of April 17th, 1989 with subsequent amending Regulations to address
(Deposit Date) 62/89 legal description changes (BC Reg. 256/91, BC Reg. 151/94, BC Reg. 51/97, BC Reg. March 21 97/97, BC Reg. 259/98, BC Reg. 94/2001, BC Reg. 209/2001). (Repealed by BC
(O.I.C.379) Reg.529/2004)
1989
Effective April 17th, 1989 the existing Mineral Tenure Act Regulations were
March 21
amended to permit the staking of 1-post claims
(Deposit Date) 63/89
The Regulation.

set out the size and shape of 1-post claims and the method of
March 21
staking. (O.I.C. 380
1990
February 1
Amended BC Reg. 297/88 by adding a section on the Disposition of Crown Granted
(Deposit Date) 30/90
2 post claims
February 1
(O.I.C.173)
Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 22
1990
April 20
Amended BC. Reg. 100/68 to remove an area in Skeena Mining Division, Range 2,
(Deposit Date) 148/90
Coast District from the existing Reserve over tidal waters. April 12
(MO M84
1990
June 29 Amended BC Reg.

297/88 by adding a section that required a Plan of Survey to be
(Deposit Date) 210/90 submitted with a notice of intention to apply for a placer lease. The plan had to
June 28 be prepared by a land surveyor and approved by the Surveyor General. (O.I.C.989)
1991
May 14
General Survey Instruction Regulation, with Part 10 being specific to Surveys
(Deposit Date) 156/91
Under the Mineral Tenure Act. May 14
(S.G. Reg.) 1994
May 2
Established a mineral and placer reserve over all Crown granted land alienated
(Deposit Date) 138/94
after August 15, 1988. April 26
(MO M103/94)
1995 Amends certain sections of the MTA Regulations under BC Reg.

297/88 with
November 2 certain sections coming into force on December 1st, 1995 and others on February
(Deposit Date) 454/95 1st, 1996. The amendments saw the addition of a section dealing with the
November 2 “Minimum standard of knowledge required for one to acquire a free miner’s
(O.I.C. 1305) certificate”. 1995
November 2
Brings Sections 1 to 8, 10 to 29 and 31 to 47 of the Mineral Tenure Amendment Act,
(Deposit Date) 455/95
1995, S.B.C. 1995, c. 50 into force on December 1st, 1995. November 2
(O.I.C. 1304)
1996
February 2 General Survey Instruction Regulation, including Part 10 - Surveys under the
33/96
(Deposit Date) Mineral Tenure Act
(SG Reg.) 1999
Amends sections of BC Regs. 297/88 and 587/77.

Exploration and development
May 28
activities under BC Reg. 297/88 are repealed and substituted. Other amendments
(Deposit Date) 157/99
deal with the use of GNSS for positioning LCPs, grouping, and common anniversary
May 27
dates. (O.I.C. 636
2001
October 2
General Survey Instruction Regulation, including Part 11 - Surveys under the
(Deposit Date) 229/2001
October 2
(SG Reg.) Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 23
2001
November 30
Amends BC Reg. 229/2001 by addressing errors contained within the Regulation. (Deposit Date) 275/2001
Applies to Part 11 with respect to

Section 180. November 30
(SG Reg.) 2003
March 20
Repeals major sections of the Recreation Area Regulation 62/89 including
(Deposit Date) 97/2003
Schedules 1,3,4,9,14,19,20,22,24 and 27. March 19
(O.I.C. 242)
2004
January 22 General Survey Instruction Regulation, includes the repeal and substitution of the
(Deposit Date) 6/2004 definition of “1 post claim’, “2 post claim’, “4 post claim”, “fractional mineral claim”
January 21 and “placer claim”
(SG Reg.) 2004
October 22
Effective December 1, 2004 to January 11, 2005 Reserve for minerals and placer
(Deposit Date) 472/2004
minerals over all mineral lands within the Province. October 20
(Reg. of CGC)
Effective January 12th, 2005 brings into force sections of the Mineral Tenure
2004
Amendment Act, 2004, S.B.C. 2004, c.22.

This Regulation is comprehensive
December 3
addressing items such as the conversion of legacy claims, registration of new
(Deposit Date) 529/2004
claims, the amalgamation and reduction of cell clams, etc. It marks the change
December 2
from “ground staking” to “map staking”. For subsequent amending Regs. see BC
(O.I.C. 1161
Reg. 187/2005, BC Reg. 215/2006, BC Reg. 274/2006
2004
December 3 Effective January 12th, 2005, the Mineral Title Online Grid Regulation establishes
(Deposit Date) 530.2004 the mineral title online grid which is to be used to determine the location in British
December 2 Columbia of mineral and placer cell titles under the Mineral Tenure Act. (O.I.C.

1162)
2005
January 12 Mineral Definition Modification Regulation wherein a “fossil” is defined as not
(Deposit Date) 5/2005 being a mineral and it does not include limestone, dolomite, coal, petroleum or
January 12 natural gas
(MO M3/2005)
2006
October 12
Amends BC Reg. 529/2004 by adding

Section 3.1 which deals with the disposition
(Deposit Date) 274/2006
of Crown granted 2 post claims. October 12
(O.I.C. 715)
2012
Brought into force Sections 61,65 and 69 Miscellaneous Statutes Amendment Act
April 20
89/2012 (No. 3) and amended B.C. Reg./. 529/2004 – see Part 2, Item 4) above for the
(Same Deposit
implications of this regulation. Date)
Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 24
Recent Legislation and Rule Changes
February 2012
Map freezing was addressed by the Association with complete re-write of Part 11 of the GSIR, SR6-07,
effective January 1st, 2008. Further amendments of Part 11 of the GSIR were made with SR7-08, effective
November 4, 2008.

Amendments to the MTA were introduced during the 38th Parliament and were included within Bill 12-
2007 (Miscellaneous Statutes Amendment Act, 2007). Sections 44 to 53 (inclusive) of Bill 12 applied to
existing Sections of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, with Sections 49 and 50 having a direct
impact on both the requirements and processes involving surveys under the MTA. On, January 1st, 2008,

section 1 (b) which states:
“if required to do so by the chief gold commissioner, have the mineral claim over which the mining
lease will be issued surveyed by a British Columbia land surveyor and have the survey approved by
the Surveyor General.”
within Bill 20-2010 (Miscellaneous Statutes Amendment Act (No. 3), 2010). Sections 62 to 71 (inclusive)
of Bill 20 applied to existing sections of the Mineral Tenure Act, R.S.B.C. 1996, c. 292.

Section 62: (MTA, Section 6.31)
 adds the subdivision of claims to the list of matters that are not effective until registered.

Section 63: (MTA, Section 6.7)
 enables the co-existence in a single cell of a mining lease and a placer claim or a mining lease and
a placer lease.

Section 64: (MTA, Section 12)
 clarifies that mineral claims, placer claims, mining leases and placer leases are distinct mineral
titles, and deletes a redundant provision.

Section 65: (MTA, Section 22)
 ranks the terms or conditions that can be imposed in respect of a mineral reserve and provides
that if mineral reserves overlap each other and the terms or conditions are inconsistent with each
other, those having the highest rank prevail;
Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 25
 gives the amendments retroactive effect so that the ranking applies to any mineral reserves
overlapping on the date the Section comes into force.

Section 66: (MTA, Section 24.3)
 authorizes the subdivision, in accordance with the regulations, of cell claims into two or more cell
claims not less than one cell in size.

Section 67: (MTA, Section 42)
 adds a requirement that an applicant for a mining lease provide information that satisfies the
chief gold commissioner that the lease is required for the production of a mineral;
 makes housekeeping amendments so that the Section parallels

Section 45 of the Act when the
policy that applies to the issuance of mineral leases and to placer leases is the same.

Section 68: (MTA, Section 45)
 adds a requirement that an applicant for a placer lease provide information that satisfies the chief
gold commissioner that the lease is required for the production of a placer mineral;

Section 42 of the Act when the

Section 69: (MTA, Section 65)
 removes the limitation that fees set under the Act must be directly tied to the cost of providing
services.

Section 70: (MTA, Section 65)
 provides authority for regulations respecting the subdivision of cell claims.

Section 71: (MTA, Section 67)
 authorizes the chief gold commissioner to delete from the registry claims that were registered
after the forfeiture or expiry of a claim and before the chief gold commissioner relieves the claim
holder of the forfeiture or expiry, and provides that no compensation is payable in respect of the
deletion. Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 26
APPENDIX 2: Administrative Areas
The following is a listing of some administrative areas accompanied by informal discussion about them.

Areas administered by Energy, Mines and Petroleum Resources
• No Staking Reserves – Mineral
• No Staking Reserves - Placer Caution
• No Acquisition Reserves - Coal
• Designated Placer Lease Areas This appendix has not been
• Designated Placer Claim Areas updated since Version 2.2. Users should ensure that
• Conditional Staking Areas - Mineral - and their conditions
sufficient research is conducted
• Conditional Staking Areas - Placer - and their conditions
to confirm content accuracy. • Release Required Areas - Mineral - and their conditions
• Release Required Areas - Placer - and their conditions
• Surface and Restrictions Orders - and their conditions and/or restrictions
•

Section 23 Mineral Tenure Act Recreation Areas – It is likely that these have all been cancelled
• Mining Divisions
Parks
• Provincial
• National
• Regional, local parks may be included as well. Indian Reserves
• All, not just those noted in Tantalis
Treaty Settlement Lands
• Such as the Nisga’a Settlement. Other Protected Areas
• Ecological Reserves
• Recreations Areas
• Designated Protected Areas - with any special conditions (i.e. is petroleum or mineral
exploration/development allowed or not)
• Protection Areas (all were located on the North and Central coasts and may have now expired)
• Protected Heritage Property under

Section 23 of the Heritage Conservation Act
• Creston Valley Wildlife Management Area
• Victoria, Vancouver and Nanaimo Water District Lands
• Conservation Study Area (only 1 and it is identical in its effect to a Protected Area)
Professional Reference Manual V3.3 Chapter 11: Mineral Tenure Surveys - 27
Chapter 12 - Building Location Certificates
Certificates of Location are non-statutory plans prepared and signed by a land surveyor showing the
location of improvements or features situated on a parcel of land in relation to the boundaries of the
parcel. Additionally these plans may show the portions of the parcel burdened by charges such as
statutory rights of way, easements or restrictive covenants.

Certificates of Location are often prepared at the time forms are placed when new homes are being
constructed in accordance with municipal building requirements. Certificates are also prepared to
show the location of a constructed home and other improvements as part of the research conducted
by a solicitor or notary at the time of sale of a property or as a condition of obtaining financing. Certificates of Location are prepared at the direction of several possible sources. As such the specific
contents of the plan are not codified in statute or in the Survey and Plan Rules. It is very important
then that the information expressed on your plans meets the specific requirements for which the plan
is being prepared.

These requirements can be established by a municipal or regional government, a
bank manager, a solicitor or notary. Certificates are one of our major sources of exposure to the public. While a typical homeowner may
have copies of our statutory plans, the Certificate of Location has considerable influence on the
general public’s perception of the role and importance of the land surveyor. As for all surveys, legible
field notes and a clear sketch should be prepared and kept.

The Applied Science Technologists and Technicians (ASTTBC)/ABCLS Memorandum of Understanding,
last renewed in 2006, sets out that only land surveyors are qualified to certify the true location of an
improvement relative to a property boundary, whereas a Site Improvement Specialist, licensed by the
ASTTBC, may show the relationship of improvements to lines between found monuments. The
resultant plan prepared by a Site Improvement Specialist must be called a Site Improvements Survey
and may not refer to boundaries, or property lines. Accordingly, we may not call our plan a “Site
Improvements Survey”. Definitions
(i) “Improvement” is any visible structure of a permanent nature, constructed or placed on, in
or over land.

(ii) “land surveyor” is a practicing member of the Association of British Columbia Land Surveyors
2) Searches
When conducting a survey for a British Columbia Land Surveyor’s Certificate of Location, the land
surveyor shall perform sufficient research to identify the parcel boundaries and any relevant interests
affecting the property. A copy of the Certificate of Title that reflects the status of the property on the
date of the survey should be retained in the file. Professional Reference Manual V3.3 Chapter 12: Building Location Certificates - 1
Other Interests
It is important to remember that there may be other interests affecting a property that do not
show up on the Certificate of Title and miscellaneous notes.

These other interests include
reservations and exceptions contained in the original alienation of the parcel (i.e. a provincial
Crown Grant or federal Patent), roads which may be established outside of the Land Title Act or
Land Act (i.e. pursuant to

section 42 of the Transportation Act, by gazette, or by common law
dedication), and rights held within Mineral Tenures. Potential liability surrounding these “unregistered” interests might be minimized by including a
statement similar to the following on a Certificate of Location:
i. Certified Correct According to Land Title & Survey Authority Records and Field Surveys. Unregistered interests have not been included or considered,
ii. Based on Land Title & Survey Authority Records and Field Survey. Unregistered interests have
not been included or considered
3) Certificate of Location - Plan Contents
Every Certificate of Location may contain the following information as deemed applicable and
appropriate by the Land Surveyor:
a) a heading similar to:
(i) B.C.

Land Surveyor’s Certificate of Location of (describe what is being located) on (the legal
description of the parcel under survey), or
(ii) British Columbia Land Surveyor’s Certificate of Location of (describe what is being located)
on (the legal description of the parcel under survey)
a. the Parcel Identifier (PID)
b. the legal description of all lands adjoining the parcel under survey
c. the location of any rights of way, covenants and easements on the parcel that have been
defined by survey or description. d. a list of the numbers of any documents registered on title which may affect the location
of improvements, e.g. building schemes, covenants, rights of way and easements that
have not been defined by survey or description.

e. the civic address of the parcel, if available. f. offsets, perpendicular to the boundaries of the property, from the improvements situated
upon the parcel. Improvements include the principal buildings and accessory buildings,
swimming pools, hot tubs, retaining walls, gazebos and like structures having
permanence and value. Professional Reference Manual V3.3 Chapter 12: Building Location Certificates - 2
g. showing the following should be considered:
i. the exterior of the buildings and projections there from, such as bay windows and
chimneys, with a note clearly stating what has been used to define the exterior of the
building. e.g. exterior of main walls, outside of concrete foundation, etc. ;
ii.

stairs, decks, porches and any other like structures measured from the line used to
define the exterior of the building. iii. eaves and gutters when an encroachment exists. h. the extent of any encroachments on to, or from the property,
i. the plan scale including a bar scale, with a statement as to metric or imperial units. j. a north arrow. k. dimensions of the parcel boundaries, and noted as to derivation, e.g. “...derived from Plan
_______” or “...derived from field survey”. l. be certified correct by the land surveyor and dated. m. the survey company name, contact information and file number.

n. when required, the following may also be included:
i. the elevation of the level strip, top of forms or foundation and any other elevations
required by the Municipality. ii. any building permit information required by the municipality. iii. the vertical derivation and datum and if applicable, the location of any benchmarks
on site. b) It may also be prudent to include one or more of the following:
Statements similar to the following:
(i) This Plan was prepared for ______________ purposes and is for the exclusive use
of_____________. (ii) This document shows the relative location of the surveyed structures and features with respect
to the boundaries of the parcel described above. This document shall not be used to define
property lines or property corners.

(iii) © Land Surveying Company, Year. All rights reserved. No person may copy, reproduce,
republish, transmit or alter this document, in whole or in part, without the express written
consent of Land Surveying Company. (iv) Land Surveying Company and surveyor accept no responsibility for and hereby disclaim all
obligations and liabilities for damages including, but not limited to, direct, indirect, special,
and consequential damages arising out of or in connection with any direct or indirect use or
reliance upon the Plan beyond its intended use. Professional Reference Manual V3.3 Chapter 12: Building Location Certificates - 3
Or the following statement, as appropriate:
for paper plans:
(i) This document is not valid unless originally signed and sealed. for electronic plans:
(ii) This document is not valid unless digitally signed.

Certificates of Location are compiled from a combination of field work (conventional and/or GNSS)
and Land Title & Survey Authority (LTSA) records. For certain surveys, the use of orthorectified,
georeferenced aerial imagery may provide options for reliable mapping. Ground-based digital
photography provides yet another layer of detail to the product. This imagery may be separate from
or be shown on the certificate. 4) Forms and Foundations – special caution
It is in the best interest of the public to clearly state on a Certificate of Location that shows only forms
or footings for a foundation that the document is “Not Suitable for Mortgage Purposes”.

At the time of the form location survey the features located are essentially a hole in the ground
containing some wood into which someone is proposing to pour concrete. The land surveyor has no
knowledge of how the forms (a structure with little, if any, mortgageable value) will ultimately relate
to either the finished building or its foundation. In addition, it is conceivable that the forms may move
either by accident or design, after having been surveyed. 5) Construction Layouts
Construction Layouts are probably the greatest single source of liability to the land surveyor. They
must be approached with caution and all activities, sources of information, and correspondence must
be carefully documented.

There must be open communication and a clear understanding of the responsibilities of the land
surveyor, allied professionals such as engineers and architects and the client. It is generally accepted
that the land surveyor will be setting out points for construction relative to the boundaries. Conducting boundary-sensitive construction layout surveys
Caution
in relation to an un-posted property boundary may incur
significant financial and professional liabilities. It is It must be clearly understood
considered good practice to undertake construction layout and documented whether or not
surveys where legal survey monuments define each corner the construction plans are to be
of any pertinent property boundary(s).

This means that prior reviewed by the land surveyor to
to commencing a construction layout survey, a land surveyor ensure that they meet local
should consider posting the pertinent property boundary(s) standards for offsets and
and filing a posting plan (or reference plan) in the pertinent setbacks. Land Title Office. Professional Reference Manual V3.3 Chapter 12: Building Location Certificates - 4
Providing the client with a clear sketch plan will document what points were set in the field, and
potentially limit our liability. a) Construction Layouts – some tips
When performing construction layout surveys, observe the
Caution
i) Copies of the complete set of construction drawings Watch for use of inappropriate
marked “Approved for Construction” should be obtained coordinate systems by
before commencing any site layout.

providers of design drawings. The use of UTM coordinates,
ii) The construction drawings should be reviewed and any
and “UTM scaled to ground”
discrepancies or ambiguities clarified prior to the site
systems are becoming more
layout. No assumptions should be made as to any
prevalent by those who do not
position on the plans. understand the dangers
iii) The layout should be pre-computed and sufficient
inherent in their use. Also be
checks performed to ensure it is consistent with the
aware of requirements by the
current construction drawings. local government in which the
iv) Vertical control should be verified prior to survey is being conducted as
commencement of any site layout.

A recoverable some use their own high
benchmark or benchmarks should be established precision networks (HPNs),
outside of the construction site. especially for elevation. v) The land surveyor should be aware of who is responsible
for locating underground facilities within the construction area. vi) The land surveyor should establish who is responsible for ensuring that the layout conforms
to municipal standards. vii) The land surveyor should insist that the site be safe, that all WorkSafe Standards are strictly
adhered to and that any Safety Certificates required by WorkSafe or the Municipality are on
site for review before the layout commences. viii) any changes in the location or dimensions of the facilities are requested, the revisions should
be in writing and signed by an authorized person.

This would include any positioning
determined by site conditions. ix) Independent field checks should be made to ensure that any layout inconsistencies are
rectified prior to construction. x) Clear, detailed field notes and sketches should be kept. b) Construction Layouts – Certificate of Location
A Certificate of Location of Layout for Construction should be prepared. In addition to what is
listed in section12.3, these certificates may contain the following information:
i) a description of the points set. ii) if applicable, the elevations of the points set. Professional Reference Manual V3.3 Chapter 12: Building Location Certificates - 5
iii) if elevations are shown, the vertical derivation and datum. Caution
iv) the location and description of benchmarks set on site.

v) statements similar to the following: Layout calculations made in
the field or on the hood of the
(1) Dimensions were derived from drawings marked
“Approved for Construction” dated __________. truck are a recipe for mistakes. Insist that construction plans
(2) The construction plans were (not) reviewed to ensure
are delivered to the office well
that they conformed to municipal standards. in advance of the layout so
(3) Not Suitable For Mortgage Purposes that the layout can be pre-
computed. vi) Any building permit information required by the
municipality
6) Electronic Certificates
Electronic Certificates of Location are a valid way of presenting and delivering this product.

A
certificate is prepared in the traditional manner, the statement about ‘originally signed and sealed’ is
modified and then the electronic signature is applied. 7) Checklists
The Practice Advisory Department, in assessing the thoroughness of Certificates of Location in their
practice reviews, uses checklists. A copy of these checklists can be obtained from the Practice Advisory
Department. Professional Reference Manual V3.3 Chapter 12: Building Location Certificates - 6
Chapter 13 - Plans of Topography (Site Plans/Design Plans)
1) A plan of topography is a plan, prepared by a BCLS, which shows details and information gathered by
the BCLS during a field survey.

It may contain details and information gathered from various sources
which may not have been prepared under the supervision of the BCLS, for example, as-built and
service location records, contours from others, and location of underground features as determined
by others. It may also contain design information for proposed features. 2) It is considered good practice for a plan of topography to contain, but not be limited to, the following
information:
(a) an appropriate title which includes the legal description of the property. (b) the location of any registered rights of way, covenants and easements on the parcel which may
affect the location of any existing or proposed features, and that have been defined by survey or

(c) a list of the document numbers on any documents registered on title which may affect the
location of any existing or proposed features, e.g. building schemes, covenants, rights of way and
easements that have not been defined by survey or description. (d) the civic address of the property, if available. (e) the plan scale including a bar scale, with a statement as to metric or imperial units. (f) a north arrow. (g) the boundaries of the parcel under survey should be shown in a manner as to clearly indicate the
limits of the parcel. (h) as applicable, a description of the system of elevations used, e.g. geodetic, assumed, etc.

If
geodetic elevations are used, then the plan should include a statement listing the vertical
datum/height reference system (e.g. CGVD28, CGVD2013). (i) as applicable, a description and elevation of the bench mark, upon which the elevations are
based. (j) as applicable, the description and elevation of any on-site bench mark, or bench marks,
established during the survey. (k) as applicable, contours adequately labelled on the plan. (l) current scenery and plan numbers for the parcel under survey and adjacent parcels. 3) It may be prudent to include one or more of the following:
(a) the Parcel Identifier (PID). (b) the copyright symbol. (c) a disclaimer, or disclaimers, clearly stating the various sources of the details and information
which was not prepared under the supervision of the BCLS.

Professional Reference Manual V3.3 Chapter 13: Plans of Topography (Site Plans/Design Plans) - 1
(d) a statement similar to, and having the same purpose as the following:
This Plan was prepared for _________ purposes and is for the exclusive use of our client. The signatory accepts no responsibility or liability for any damages that may be suffered
by a third party as a result of reproduction, transmission or alteration to this document
without consent of the signatory. Professional Reference Manual V3.3 Chapter 13: Plans of Topography (Site Plans/Design Plans) - 2
Chapter 14 – Electronic Plans Filed with the Land Title & Survey
Authority
Part 1 - Overview
The ability to file an electronic plan with the Surveyor General Division began on July 24, 2006.

In May
2007, a pilot project was started that allowed certain land surveyors to file certain plan types in an
electronic format in the land title register. By February 2008, all land surveyors were able to prepare
most types of plans in electronic format for filing in the land title register. On July 1, 2011, plans
submitted to the Surveyor General Division for recording in the Crown land Registry and Posting Plans
submitted for filing to the land title register were required to be submitted electronically. By the end
of 2012, all plans had to be filed electronically. In November 2019, the LTSA introduced web filing that
replaced the preparation of forms using Adobe Acrobat with a web interface that is accessible within
myLTSA Enterprise.

As of the date of this publication, web filing has replaced all Land Title and
Surveyor General forms except for plan submission forms. 2) Support material from the LTSA
The Land Title and Survey Authority of British Columbia Note
(LTSA) provides extensive support for electronic filing in
a variety of formats. Many user guides and other written The process for submission of survey
resources are available on its corporate website under plans for filing in the Crown Land
Registry is quite straight forward and
Professionals – Land Title Practice and video tutorials
therefore is only touched on briefly in
and other getting started materials can be found on the
this article. This article focuses
Help site.

LTSA Electronic Services are accessed through
primarily on the submission and
its myLTSA portal, and a related help site can be accessed
deposit of Land Title Act and Strata
from help panels via linked questions on each page or via
Property Act plans and documents. help.ltsa.ca. If you have a question that is not resolved by the material noted above, then the LTSA also provides
support services. Visit the Contact Us page for contact phone numbers and web forms. 3) Roles
In general, electronic filing was designed to follow the same general pattern as paper/mylar filing of
plans and documents. The following roles describe the requirements and business practices of the
parties involved.

a) Land surveyor
Legal survey plans prepared for electronic filing can only be signed by a land surveyor who is
currently authorized to practice by the Association of BC Land Surveyors. Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 1
b) Application coordinator
The LTSA expects that there will be a single person or firm that takes on the responsibility for
managing and coordinating the process of obtaining any required consents or approvals for plans
and documents being filed electronically. The LTSA has deemed this role to be the Application
Coordinator. The Application Coordinator need not have any specific qualifications or tools.

The
role of the Application Coordinator is to ensure that the package of electronic files is brought
together, that the appropriate signatures are gathered and that the appropriate professionals and
other supporting people are coordinated so that a complete and accurate package is submitted
to the LTSA for examination and recording. A land surveyor may be the Application Coordinator. c) Subscriber
The role of a Subscriber is defined in

Section 168.6 of the Land Title Act and for the sake of this
chapter a Subscriber may only be a land surveyor, a lawyer, or a notary public 4, 5. Only a Subscriber
may apply a digital certificate (electronic signature) to a plan or document being submitted to the
land title office. The Director of Land Titles has prescribed that certain forms may only be
electronically signed by certain classes of Subscribers. For example, only a land surveyor can
electronically sign a Survey Plan Certification form to certify that a legal survey plan is correct. Only a lawyer or notary public can electronically sign Form A – Freehold Transfer, Form B –
Mortgage, and Form C – General Instrument - Charge.

Any Subscriber can sign a (plan submission)
Application form or Strata Property Act Filing forms. Requirements for each form may be found
in E-filing Directions.

The following is a list of all of the LTSA’s electronic forms relevant to land title submissions:
Web Filing Forms
Electronic Form name Authorized usage (EFS)
FORM 17 (FEE SIMPLE) Legal Professional
FORM 17 (CHARGE, NOTATION OR FILING) Legal Professional, Land Surveyor
FORM 17 (CANCELLATION OF CHARGE, NOTATION OR FILING) Legal Professional
FORM A (FREEHOLD TRANSFER) Legal Professional
FORM B (MORTGAGE) Legal Professional
FORM C (CHARGE) Legal Professional
FORM C (RELEASE) Legal Professional
CLAIM OF BUILDERS LIEN Legal Professional
DECLARATION Legal Professional, Land Surveyor
PTT RETURN Legal Professional
STRATA PROPERTY ACT FILING Legal Professional, Land Surveyor
4 The role of a Subscriber is defined in

Section 93.9 of the Land Act for electronic plans that are to be filed in the Crown Land Registry. 5 There are other categories of people, registered in the LTSA’s Authorized Subscriber Registry, who are also Subscribers; however, these
people can only apply their electronic signature to a very limited suite of documents, none of which involve the submission of plans or
associated documents.

Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 2
PDF Template Forms
SURVEY PLAN CERTIFICATION (SPC) Land Surveyor
LTO APPLICATION TO DEPOSIT PLAN (DSPL) Legal Professional, Land Surveyor
In most cases, the role of the Subscriber is to confirm to the Registrar of Land Titles that the
electronic form being signed by the Subscriber matches the document that was physically signed
by the parties and that the Subscriber has physical evidence of all the signatures that are indicated
by the electronic form. Physical evidence of the signatures may be in the form of original
signatures or copies of signatures (i.e., a scanned and emailed document).

Under this system the
Subscriber is not taking responsibility for the content of the document nor are they witnessing
signatures. The role is to be the trusted eyes of the Registrar and confirm that the information
provided by the signatories is appropriately represented in the final electronic form. d) Submitter
While the forms need to be electronically signed by a land surveyor or legal professional, they can
be submitted to the LTSA through myLTSA by anyone that has a valid myLTSA Enterprise account. Part 2 - Set Up
1) Juricert Certification Authority
An electronic signature can be created and used by anyone that has software such as Adobe Acrobat
Standard or Professional.

In order for an electronic signature to be secure and meaningful, it is
necessary to have a Certification Authority that manages and issues Digital Certificates. Digital
Certificates use PKI or Public Key Infrastructure to test an electronic signature and confirm its validity. The Director of Land Titles and the Surveyor General have appointed Juricert Services Inc. as the
Certification Authority for the LTSA. Subsequently, Juricert has established a contractual arrangement
with the Association of BC Land Surveyors and the Society of Notaries Public of BC to manage digital
certificates for land surveyors and Notaries Public. Juricert is a wholly owned subsidiary of the Law
Society of BC and therefore also manages the digital certificates for lawyers.

Fundamentally the process works as follows:
1) A land surveyor applies to Juricert for a digital certificate. 2) Juricert confirms the current status of the land surveyor with the Association. 3) If the land surveyor is a member in good standing, Juricert issues a digital certificate (a .pfx file). 4) The land surveyor sets up an appearance for their electronic signature to conform with LTSA
standards as outlined at https://help.ltsa.ca/myltsa-enterprise/set-electronic-signature-
appearance-options. 5) The land surveyor electronically signs a form, such as a Survey Plan Certification (SPC) form. Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 3
6) The form is submitted to the LTSA through myLTSA.

7) As part of the plan or application submission process, the LTSA system checks with the Juricert
system and validates the electronic signature. If, for example, the land surveyor’s Juricert
certificate expiration date has passed then the submission would be rejected if the plan is
signed after the expiration date. 2) Managing your digital certificate
There are a number of options for managing your digital certificate. Remember that a digital
certificate is essentially the signature of a land surveyor and therefore it is your responsibility to
safeguard it against any misuse. Some Best Management Practices include:
• Set up your system so that a password is required to use the digital certificate;
• Use a secure password and do not share the password with others.

Consider your digital
certificate as you would your physical signature. It is yours only and cannot be used by anyone
else. The Association considers it unprofessional conduct to allow someone else to apply your
digital certificate to a legal survey plan;
• Depending on your situation, consider keeping your digital certificate on a memory stick so that
it is not easily accessed by anyone else; and
• If you are concerned that your security measures have been breached, contact Juricert and
make arrangements for a new digital certificate to be issued. Digital certificates are valid for five years after which they expire and are no longer valid. To determine
the expiry date for a certificate you can right-click on an electronic signature, access signature
properties then Show Certificate.

3) Registering as a land surveyor
One of the benefits of electronic survey plans is that the land surveyor or those authorized by the
land surveyor obtain plan numbers in advance. In order to facilitate this process, the LTSA maintains
records of plan numbers assigned to every land surveyor. The land surveyor authorizes the LTSA to
issue plan numbers to them through one or more myLTSA accounts by following the Land Surveyor
Registration process. If you find that you are no longer associated with a particular myLTSA account
number, it is good practice to also use the Land Surveyor Registration form to deregister your
commission number with that account number.

Part 3 - Electronic Plan Numbers
Once the land surveyor has registered with the LTSA for the purpose of obtaining plan numbers, the
land surveyor or any user of the myLTSA account can request one or more plan numbers on behalf of
the land surveyor. It is the land surveyor’s responsibility to ensure that plan numbers are used

1) Managing your numbers
The following are a few recommended best practices for the management of plan numbers:
Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 4
Option 1
• Obtain plan numbers when they are needed, not in advance;
• Use the file reference field in myLTSA to allocate a name or reference to each plan
number obtained; and
• Obtain a Plan Number Report from myLTSA to confirm which numbers are assigned to you
and have not yet been used. The file reference from the previous bullet will appear
adjacent to the plan number on this report.

Option 2
• Obtain blocks of plan numbers in advance (up to 9 at a time);
• Maintain a record in your office to clearly understand what numbers you have, and which
plans you use them for; and
• Obtain a Plan Number Report from myLTSA from time to time to reconcile which numbers
are assigned to you and have not yet been used. At the inception of electronic plans, land surveyors accessed the Land Title and Survey Authority’s
electronic services through BC Online. Accordingly, land surveyors obtained EPC numbers for plans for
filing in the Crown Land Registry, EPP numbers for plans prepared pursuant to the Land Title Act, and EPS
numbers for plans prepared pursuant to the Strata Property Act from the LTSA via BC Online.

In May 2014 the LTSA created its own electronic portal for access to its electronic services. This portal is
called myLTSA. Due to technical constraints, it is not possible for a land surveyor to obtain a Plan Number Report from
myLTSA to obtain a list of plan numbers that were assigned to that land surveyor but remain unused for
plan numbers obtained via BC Online. If a land surveyor needs to obtain a list of such unused plan numbers, they can contact one of the Deputy
Surveyor Generals and make a request.

Part 4 - Preparing the Plan
1) Signature blocks
Historically, legal survey plans, registered in the land title office (LTO), have been used for two
distinctly different purposes:
1) The plan has been prepared and signed by a land surveyor to capture a record of field work
completed and decisions made regarding new and existing property or interest boundaries; and
2) Plans, such as a subdivision plan, have then been used as a place to collect consents and
approvals of interested or affected parties such as owners, mortgagees, and approving officers. Electronic plans have separated these two uses. An electronic plan is solely used by the land
surveyor to record their findings and opinions of the survey conducted.

Consents and approvals of
interested or affected parties have now been moved to the Application form that must accompany
Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 5
the plan when submitted for filing in the LTO. Therefore, the Application form now serves two
functions: it serves as the application form that has always been required to accompany the
submission of a plan for LTO registration, and it contains signature blocks for all parties who must
consent or approve the action taken by the survey plan. The full and complete name of this form is
the “Application to deposit plan at land title office province of British Columbia” form.

The form is
sometimes referred to by its abbreviated name, the “DSPL” form. In this article, it is referred to
simply as the “Application” form. With the exception of owners and charge holders, the land surveyor places prescribed notations on
the plan to show that specific approvals are required prior to the LTO accepting the plan for
registration. These notations also aid the Application Coordinator in preparing the Application form
and ensuring that all necessary approvals have been obtained. 2) Sheet size and scale
With electronic plans, the original plan is a PDF file that has no physical size or scale. When viewed on
screen this original retains proportionality but can be seen at any scale.

When plotted to a hard media
it is very easy for the resulting product to be at a non-standard scale. Consequently, the Rules have
been modified to require that a bar scale be placed on the plan image and on any enlargements (detail
views). In order to allow a user to create a hard copy to a specified scale, a statement is placed on the
plan image and any enlargements to identify the resulting scale if the plan is plotted on specified sheet
size. It is recommended that a specific scale not be stated other than in this plot statement. All plan types prepared for electronic filing can now be prepared on standard sheet sizes up to ‘E’ size
without the need to seek permission from the Registrar.

This includes strata plans. In the case of multi-
sheet plans, all sheets must be the same sheet size and have the same orientation (all portrait or all
landscape). 3) Land Surveyors Certification
In order for a land surveyor to sign an electronic plan, a Survey Plan Certification (SPC) form must be
obtained from myLTSA and completed. A PDF of the plan image is inserted into the Survey Plan
Certification form. The land surveyor applies their electronic signature once they are satisfied that the
survey and plan are complete and correct, and the land surveyor has completed the Association’s
Electronic Checklist Registry. At the completion of the signing process, a Control Number is generated
and displayed on the SPC form.

The following are a few recommended best practices for the SPC form:
• Always save an unsigned version immediately prior to applying your digital signature in case
changes need to be made;
• A plan number is assigned to a specific land surveyor. If a different land surveyor is going to sign
the plan, the commission number of the land surveyor to whom the plan number is assigned
must appear in

section 2 of the SPC form. Otherwise, this field should be left blank; and
• Always ‘insert’ the plan image. ‘Attaching’ a file will be rejected when the plan is submitted
through myLTSA. Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 6
4) Applying Your Digital Signature
Before electronically signing the SPC form, review the
contents carefully to ensure that the information is correct Note
and that the correct version of the plan image has been
inserted. Save an unsigned copy for your records. Ensure If you see the Adobe logo in the
that all mandatory fields on the form have been backdrop of your signature you are
completed.

Carefully review the terms and conditions of not using the correct appearance. the signature set out on the form to the left of the
signature box. Click in the signature box when you are ready to sign. Choose the signature appearance
appropriate for the LTSA. Enter your password and save the file under a new name. It is common
practice to add the word ‘SIGNED’ to the file name. 5) Control number
When the SPC form has been successfully signed, a Control Number is generated and displayed in

Section 2. This Control Number is a unique identifier for this version of the plan. It is recommended
that the plan number and the Control Number be used in any communication with clients or
authorities regarding the plan to ensure clarity regarding the version of the plan being referenced. Part 5 - Preparing the Application Form
1) The Applicant and Subscriber
There can be a lot of confusion between who signs a form, who the Applicant is, and who the Submitter
is. In most cases, the Subscriber that electronically signs an LTSA form is not taking responsibility for the
content of the form.

Their responsibility is limited to confirming to the Registrar that wherever the
document claims there is a signature the Subscriber has a signed page bearing that signature in their
possession at the time they electronically sign the form. The Subscriber is also responsible to ensure
that any information provided by the signatories has been accurately and completely transcribed into
the electronic form. An exception to this is when a land surveyor signs an SPC form as they are taking
complete responsibility for the information on the SPC form and the plan image that has been inserted
into the form. The Applicant is the official representative of the land owner or charge owner.

The Applicant can be
the owner, a legal professional representing the owner, or any person the owner designates as their
agent in matters relating to the application being made. A package being presented to the LTO may
consist of more than one application and each application can have a different Applicant. Regardless of who the Applicant is, any person with a valid myLTSA Enterprise account can submit the
package to the LTO. 2) Additional information
Each survey plan must be preceded by an application form when being submitted to the LTSA via
myLTSA. In most cases, the portion of the submission relating to a plan will just consist of the
Application form and the SPC form.

In some cases, additional supporting documentation is required
Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 7
such as a Block Outline Order or a report by the land surveyor explaining the boundary resolution. When additional information is required, this information is to be inserted into a Declaration form
and submitted after the Application form and before the SPC form. Note that these additional
documents are considered to be supporting documents and have some different requirements. The
different requirements are discussed further in this paper.

3) Obtaining consent and approval signatures
When considering obtaining signatures, it is important that a land surveyor determine the
requirements for the circumstances:
• The Land Title Act requires that any party being asked to consent to a survey plan be given a copy of
the complete Application form (all pages but not signed) and the electronically signed survey plan
(SPC form and attached plan image). • The package may be provided electronically, in hard copy, or both. • The Control Number on the Application form must be the same as on the SPC form. • The signing party should be advised to review the Application form and the plan and satisfy
themselves that they consent to or approve the action being taken on the plan.

• When they are ready to sign, they must print the page or pages of the Application form that require
their signature and physically sign that page. If a witness or other information is required, they
must provide all information requested on the page. For example, this may include their name and
position or the name, occupation, and address of a witness. • Signature and witnessing requirements are the same when a plan or document is electronic as they
were in a paper/mylar environment. Be sure you understand the requirements before witnessing
signatures. • The signed page is then returned to you. This can be done by email, fax, mail, courier, hand delivery,
or any other mutually agreed method.

• Once the signed pages are received, all information other than the actual signature must be
accurately and completely transcribed into the original PDF of the Application form. • The Subscriber compares the signed pages to the ‘original’ electronic Application form and ensures
that the transcription is correct. • The Subscriber confirms they have all signatures purported on the Application form in their
possession. If that is the case, they can apply their electronic signature to the Application form. • It is acceptable practice to accept scanned, faxed, or copies of signatures and it is common practice
to ask that the originally signed pages be sent to you in due course.

• In accordance with the Land Title Act, the Subscriber may be asked by the Registrar to produce the
signed pages that were in their possession at the time they electronically signed the Application form. The Registrar may make this request up until they accept the plan for registration. Once the Registrar
accepts the plan for registration, you are not obligated to retain the signed pages; however, it is
considered good practice to retain this information in the same manner and for the same length of
time as you retain any other information related to the project.

Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 8
Part 6 - Supporting Documents
1) Concept
Electronic documents include all the primary forms such as Form A used for a transfer, Form B used
for a mortgage, Form C used for a charge, and the Application form. In cases where signatures are
required on an electronic document, the Subscriber is responsible for ensuring that they have the
signed pages in their possession and that any information provided by the signatories has been
completely and accurately transcribed into the electronic document. It is not acceptable to scan the signed pages and insert them into an electronic document.

In some cases, supporting documents are required as part of a package being presented to the LTO. Examples would include Strata Property Act forms such as a Form V, a Block Outline Order from the
Surveyor General, or a Bylaw to support a road closing. Supporting documents are handled quite
differently than electronic documents. In this case, it is usually necessary to scan the original
document, including any signatures, and insert it into either a Declaration form or a Strata Property
Act Filing form. The Declaration and Strata Property Act Filing forms have both been migrated to the
web filing format as of mid-2021.

To complete a plan package composed of PDF forms (SPC and DSPL)
and Web Filing forms you can mix the different types of form within your EFS package and submit in
the normal manner, the web forms must simply be prepared online in myLTSA, and then the PDF
forms for the plan must be added to the EFS package once it is generated. In the case of a supporting
document, signatures must be gathered on the original document (not in counterpart) and the original
must be the document scanned. Transmission of a signed supporting document by fax is not an
acceptable practice.

2) Strata Property Act Filing Forms
A Strata Property Act form is a supporting document, therefore any signatures of the land surveyor,
the owner developer, and the Superintendent of Real Estate that may be required must be obtained
on the original Strata Property Act form, and then that original needs to be scanned and inserted into
a Strata Property Act Filing form. The Strata Property Act Filing Form is essentially a cover sheet and
when this form is electronically signed by the Subscriber, they are attesting to the fact that they have
the original document in their possession and that a scan of that original document has been inserted
into the Filing form.

3) Other
All other supporting documents are to be scanned and inserted into a Declaration form. Again, the
Declaration form is essentially a cover page and should include a brief description of the supporting
document attached. When this form is electronically signed by the Subscriber, they are attesting to
the fact that they have the original in their possession and that a scan of that original has been inserted
into the Declaration form.

Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 9
Part 7 – Submissions
Details on how to make submissions are well documented in the support material prepared by the LTSA
and since those details may change from time to time it is recommended that land surveyors consult the
LTSA for the most current technical requirements and processes regarding submissions. The following
sections provide some guidelines and suggestions for land surveyors on when and why to use the various
submission tools that are available.

1) Submission of a Package to the Land Title Office
When a land surveyor is going to create a package and make a submission to the LTO there are a few
tips worth considering:
• When you ‘create a package’ in myLTSA, you are creating a personal workspace so until you hit
SUBMIT you are able to add, remove, view, re-order and validate files without actually sending
them to the LTO. Since a package can also be deleted before submission, you can also use this
tool to ensure your files are valid before sending them to others who may actually do the
submitting. • Multiple files can be uploaded at the same time using your operating system tools which are
commonly the Shift and Ctrl keys.

• Files can be re-ordered once uploaded using either the drag and drop approach or by re-
numbering the sequence. • Files can be viewed by clicking on the file name. This will open the file in a PDF web viewer as a
separate window. • The order of the files is critical and must follow the logical order of required registration. For
example, the Application form must precede the actual plan (SPC form). • If there are supporting documents to accompany a plan, they are to be integrated with a
Declaration form and placed in order between the Application form and the plan (SPC form). Upon submission, the Declaration form will attach itself to the image of the document that
immediately precedes it in the package sequence.

Electronic submission to the LTO is similar in concept to a hard copy package submission. Each entity,
whether it is a document or a plan, requires an application. Together, all the entities constitute a
package, and a package is treated as an ‘all or nothing’ submission. If there is a problem with any item
in the package the whole package is defected until that problem is resolved.

In the hard copy environment, it was generally convenient to assemble all the parts of the package
together prior to submission to the LTO and therefore a tradition developed where it is quite common
for the legal professional to gather all the entities within a package, take on the role of Applicant for
all parts of the package and then either directly or through a registry agent submit the whole package
to the LTO. This assembly of the package has also facilitated the ability for the legal professional to
provide an undertaking to other parties ensuring that the package would contain certain documents
and plans.

In some cases, two or more legal professionals would work together to assemble their
Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 10
respective parts of the package and then physically meet at the LTO and collectively build a single
package. This traditional method of package assembly continues to be supported in the electronic world
through the LTSA’s electronic services Electronic Meet functionality. 2) Use of Electronic Meets
To fully explore the opportunities available with Electronic Meet functionality it is beneficial to
understand the differences between the Author of a document, a Subscriber, an Applicant, and a
Submitter. Author
Each document or plan within a package must be created by someone who we will refer to as the
Author.

In the case of a document, the Author is generally not disclosed nor does the Author sign the
document as a means of taking responsibility for the content. In the case of a plan, the Author must
be a BC land surveyor and through the Survey Plan Certification form the land surveyor does sign and
take responsibility for the content of the plan. Subscriber
In most cases, the role of the Subscriber is to confirm to the Registrar of Land Titles that the electronic
form being signed by the Subscriber matches the document that was physically signed by the parties
and that the Subscriber has physical evidence of all the signatures that are indicated by the electronic
form.

Applicant
The Applicant is the official representative of the landowner or charge owner. The Applicant can be
agent in matters relating to the application being made. Submitter
A Submitter is anyone that has a valid myLTSA Enterprise account and submits a package through that
account to the LTO via myLTSA. Most files within a package can have a different Author, a different Subscriber, and a different
Applicant. While ultimately all files in a package must be submitted together, the use of Electronic
Meets allows the creation of a package by multiple parties.

An Electronic Meet provides the land surveyor with a convenient tool to maintain control of survey
plans and/or their accompanying applications and supporting documents. It is fairly common that a
legal professional wants to maintain control of the documents that they have authored and as
described above it has become fairly traditional for land surveyors to give up control of their survey
plans to the legal professional. Electronic Meets can be used to facilitate the land surveyor retaining
Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 11
control over their plans while allowing the legal professional to maintain control over the package
which may be a requirement of undertakings they have provided.

One party needs to create a package and initiate an Electronic Meet, known as the meet organizer. That party has ultimate control over the package and is responsible for inviting other parties to
participate in the Meet. The meet organizer can pay all the fees associated with the Meet and
subsequent EFS submission or each contributor can pay the fees associated with the files they submit. While there is an extra cost associated with an Electronic Meet, there are benefits that the land surveyor
may want to consider:
• The land surveyor retains control over any files they contribute to the Meet. • All participants in the Meet must approve the package before it can be submitted so you can
ensure the order of the files makes sense.

• Generally, each participant can view the plans or documents contributed by others so the land
surveyor can review an accompanying document such as an easement or covenant to confirm
that items such as legal descriptions or other terms and conditions meet the land surveyor’s
expectations. • You can ensure that the latest version of the plan is being submitted. This eliminates the risk of
an older version of the plan being filed. • You need only upload those files that you want to retain control over. If you are not comfortable
taking responsibility for the Application form, for example, you can still upload the plan and the
legal professional can upload the Application form. REMINDER: POSTING PLAN REQUIREMENTS (

Section 68(2) of the Land Title Act makes the requirement that a land surveyor who has set a
monument in the course of a posting survey 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”. In other words, the Act requires that there not be more than 2 months of time elapsed between the
date of the completion of the field survey and the filing of the posting plan in the Land Title Office. 3) Surveyor General Submissions
In June of 2020 all Surveyor General Submissions, except the CLRS plan form, were migrated to Web
Filing format and the previous PDF submission form templates were retired.

There are three
categories of submissions that can be made to the Surveyor General:
1) Survey plans to be filed in the Crown Land Registry (EPC plans and well site plans on a CLRS
form);
2) Statutory applications for adjudication by the Surveyor General; and
3) Survey plans to be filed in the LTO that also require the consent of the Surveyor General (EPP or
EPS plans). Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 12
For item 1 the relevant form continues to be the PDF template, Survey Plan (Crown Land Registry)
known as the CLRS form.

• SURVEY PLAN (CROWN LAND REGISTRY)
For items 2 and 3 there are now only 2 Web Filing forms in the LTSA’s Electronic Services relevant
to Surveyor General submissions which cover all previous application types as follows:
• RENEWAL OF SURVEY MONUMENT FORM
• SURVEYOR GENERAL APPLICATION AND PLAN SUBMISSION
With Application or Plan Type Selections available for:
ACCRETION AND NATURAL BOUNDARY APPLICATIONS AND PLANS
o
BLOCK OUTLINE APPLICATIONS AND PLANS
o
LAND TITLE ACT PLANS OVER CROWN LAND
o
APPLICATIONS FOR PARCEL DESIGNATION / SURVEY INSTRUCTIONS
o
STATUTORY APPLICATIONS FOR DESIGNATIONS
o

SECTION 58 LAND ACT OR SECTION 108 LAND TITLE ACT APPLICATIONS AND PLANS
o
E&N LAND APPLICATIONS AND PLANS
o
The latest and correct version of the web filing forms will always be used automatically when you start
a new web filing package within myLTSA. 1) EPC Plans
The submission of EPC plans follows a process very similar to the submission of a plan destined
for the LTO. The main difference is that the plan image is attached to a Survey Plan Submission
to Surveyor General Land Title and Survey Authority (CLRS) form and there is no equivalent
application form similar to the land title Application Form (DSPL) when filing an EPC plan.

2) Applications
There are a number of instances where a land surveyor needs to apply to the Surveyor General. Some examples include natural boundary adjustment and/or accretion applications, block
outline proposals, and requests for parcel designations. There are eight different categories,
shown in the above table, which have been created for these applications. These categories
and their associated selections are available in web filing on myLTSA. Although each of these application types has unique names, they are referred to in this chapter
as application forms (small “a” in the word “application”). It is important to distinguish
between the Application form (DSPL form) which accompanies all survey plan submissions for
registration in the Land Title Register and application forms for submission of applications to

Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 13
To prepare an application package, refer to the relevant Circular Letter, Direction to Land
Surveyor, and sample application checklist, all available on the Surveyor General section of the
LTSA website. Once you have gathered all the required information and filled out the correct
web form details, completed the online checklist, and uploaded your package attachments,
these are then submitted to the Surveyor General through myLTSA. Unlike a submission to the
LTO, you can submit a number of various types of files to support your application such as
photographs, sketch plans, and letters. All supporting information must be added to the
package as one or more separate files.

Separate files with logical file names are preferred,
though adding site photos to a single multipage PDF is a common practice. After submitting the application, the progress of the package can be monitored on your
Submission Dashboard. 3) EPP or EPS Plans
If a plan ultimately destined for registration in the LTO requires the consent of the Surveyor
General, the plan and application form must be submitted to the Surveyor General through
myLTSA. These survey plans will include plans prepared as a consequence of an approved
statutory application by the Surveyor General and all plans that define titled or untitled Crown
land.

Examples would include a plan prepared as a result of a successful accretion application, a
statutory right of way plan over untitled Crown land, or a reference plan prepared pursuant to

section 107 of the Land Title Act that establishes highway over titled Crown land. Select the appropriate web filing form and fill it in as necessary. Upload the survey plan (SPC
form), the Application Form (DSPL), (an Application Form is not required for SRW plans), and any
other supporting information that may be required such as a letter of approval from the
Provincial Crown or the Association. Once this package has been submitted to the Surveyor General, it will be reviewed and if found
acceptable the signature page in the Application form will be executed and returned to the land
surveyor by email with the original sent by mail if requested.

All other signatures on the
Application form can be obtained and the normal process for submitting the plan to the LTO can
be followed. In many cases when a plan destined for the LTO requires the consent of the Surveyor General,
there will also have been a preliminary application process and the Surveyor General will have
assigned the project a file number. Please ensure that the LTSA file number is included in the
application form. In the case of Statutory Right of Way Plans over Crown land, there is no need to submit an
application form with the application and survey plan. For this specific plan type, the
Surveyor General will prepare the Application form and make the submission to the LTO
directly.

Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 14
Part 8 - Obtaining Plans and Documents
Plans and documents deposited in the LTO can be obtained from the LTSA using its electronic search
services available through myLTSA. 1) Ordering a plan with/without the SPC (Certification Page)
If an EPP or EPS plan is ordered, it will, by default, be delivered with the plan image page(s) only. The
SPC form is not included. If you wish to have the SPC form included with your order, you will need to
select that option on the order page.

2) Obtaining the Application form
In the case of a mylar plan, signatures of approvers and consenters were part of the plan so that
information was available when a copy of the plan was purchased. In addition, the number assigned
to the Application form was written under the plan number in the top right corner by LTO staff at the
time the plan was accepted for deposit. With electronic plans, the application number is provided on the SPC page when a plan is purchased. If you wish to purchase a copy of the Application form, obtain the filing number from the SPC page of
the plan then order the application document in the same manner as you would any other document.

The application document will include the Application form and any support documentation that was
filed in support of the plan such as a Block Outline order. Part 9 - Changing A Plan
During the lifecycle of a survey plan, there may be a need to make modifications and the requirements are
different depending on what stage in the process the plan is at. The process to modify an application form
or any other document that is to be submitted to the LTO is different than the process to modify a plan.

1) Before it is signed
If you have inserted a plan image into a Survey Plan Certification form (SPC form) and have not yet
signed the form, you may simply delete the plan image and insert a new one or use the replace tool
in Adobe Acrobat to replace the old image with the new one. 2) After the SPC form is signed but before it is submitted
You can follow the same process as above to change the plan image any time prior to the SPC form
being submitted to the LTO. However, once the SPC form is electronically signed a Control Number is
generated and the signed version cannot be altered as this will invalidate the document.

A few things
to consider:
• If you want to change the name of a file containing an electronically signed SPC, use the rename
function within your operating system tools. Do not open the file and ‘Save As’ since this will
change the file structure and create a scenario where the file will not be accepted by myLTSA. • It is good practice to save an unsigned version of the SPC form. Then if changes are required you
can open the unsigned copy, make the changes, save a new updated unsigned copy then sign
Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 15
the SPC form again.

Each time a SPC form is electronically signed a new unique Control Number
is generated. • When distributing the plan, it is good practice to cite the Plan Number and the Control Number
in a cover letter or body of a covering email. This raises awareness and uniquely identifies the
version of the plan that you are distributing. • If you need to alter the plan, ensure that any party that has relied on the previous version is
notified of the change and provided with a new version. • Application forms also cite the Control Number so if the plan is revised and a new Control
Number issued, the Application form needs to be updated as well.

3) After the plan is submitted into myLTSA for land title deposit
The process for alteration changes once a plan has been submitted to the LTO (but not yet filed). At this
point, the plan has a pending status and is available to the public so a more rigorous process to record
any changes is necessary. If it is necessary to alter the plan image at this stage the amended plan must
be attached to an unsigned SPC form. The Plan Alteration section on the SPC form must be activated by
checking the box beside ALTERATION at the bottom of the SPC form.

Obtain the LTO Document Reference number assigned to the Application form that accompanied the
plan when it was submitted to the LTO and enter it into the appropriate field on the SPC form. Enter
the Control Number of the version of the plan that was submitted to the LTO. A new page will be
added to the SPC form that is titled DESCRIPTION OF ALTERATION. In this section, you are required to
provide a detailed description of all changes made to the plan or the SPC form since the version of the
plan that was submitted to the LTO. This description provides a record of the differences and is
particularly valuable to those parties that signed or otherwise relied on the previous version of the
plan.

The land surveyor then needs to apply their electronic signature to the SPC form. Changes might be material or non-material. It is the responsibility of the land surveyor to determine
if a change is material or non-material although the Land Title Examiner will also consider this. In
general, new consent and approval signatures are not required for non-material changes. If new
signatures are required a Declaration for the Application form is required using the process described
below for changing a document. Even if a change is considered non-material, the land surveyor should recognize that they have altered
a legal document, being their survey plan, that has been relied on by others and therefore should
make all reasonable efforts to notify the affected parties of the changes made.

A plan alteration can be submitted without the issuance of a defect notice any time prior to the
submission being assigned to an Examiner. Once the status changes to PENDING (Assigned), a Defect
Notice must be issued before the plan alteration will be accepted by the LTO. If you discover a change
that is required while the plan is in the PENDING (Assigned) state, you can contact the Examiner and
ask them to issue a Defect Notice with no charges so that you can submit the revised plan. Pending plans are available for purchase from the LTO through myLTSA.

Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 16
It is up to the land surveyor to use their professional judgment to determine if the changes made
warrant completing a new Electronic Checklist or not. It is possible to request that a plan be withdrawn from the LTO once submitted but prior to final
acceptance by the Registrar. If a plan is withdrawn, the plan number cannot be re-used unless a
request to the LTO to allow for the plan number to be re-used is approved. Consequently, this practice
is not recommended.

There have been instances where a legal professional has submitted a package
that has included survey plans and rather than use the appropriate practice to address any defects,
they have withdrawn the package, corrected the items that required correcting, and re-submitted it
as a new package. There are implications to using this practice with documents but since documents
do not have pre-assigned numbers the ramifications are different than if this is done for packages that
included survey plans.

4) After it is filed
Once a plan has been accepted for filing by the Registrar any changes that may be required need to
be made in the traditional way by filing a Statutory Declaration that describes the reasons for the
change, the specifics about the change, and in some cases includes the consent of affected parties. Such a Declaration must be signed by the land surveyor and witnessed by a legal professional. The
Statutory Declaration can be filed electronically using a web filing Form 17 (Charge, Notation, or Filing)
and selecting Amendment to Filed Plan.

Upon receipt of a Statutory Declaration, a land title examiner considers the request and if in
agreement they will update the original plan either by plotting a full-size copy of the plan, making the
requested changes by hand and scanning the amended plan or by marking up the plan digitally, this
copy of the plan will become the new original. If complex changes are required, it is advisable to first
contact the Deputy Registrar to determine the appropriate method of supplying a new plan. Part 10 - Changing AN LTO Document
An LTO document is anything that is being submitted to the LTO other than a survey plan. This would
include items such as an application form or Strata Property Act Filing forms.

All LTO documents start as web filing or PDF forms which are completed and then submitted on
myLTSA. These forms are filled in as appropriate and many have additional pages inserted. If you are
creating an LTO document, such as an Application form you can make any modifications you want
including replacing pages without ramifications as long as the document has not been relied upon by
any other party and of course has not been electronically signed. 2) After it is signed and before it is submitted
Once a document has been released to other parties it becomes important to manage any changes
that may need to be made.

This is not a new concept, however, the process to manage changes in an
electronic environment can pose some new challenges. Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 17
• In a hard copy environment, there was one original document that was distinguishable from any
copies. In an electronic environment, the master file is the one the Author retains, and all other
parties have a copy so any changes that another party might make to a document are made in a
copy therefore care must be taken to properly manage the master.

• Once a document has been sent to a third party that party is entitled to be notified of any
subsequent changes to the document, no matter how minor. 3) After it is submitted
Once a document has been submitted to the LTO it can only be modified by filing a Declaration. The
Declaration will then be appended to the original document by the LTO. • Declarations are made by a person with first-hand knowledge of the change required or a
reasonable belief regarding the information provided in the Declaration.

• A Declaration should identify who is making the statement, what problem is being addressed,
what the solution is, and that affected parties have been notified of the change or have signed
the Declaration acknowledging and agreeing to the change. • A Declaration is to be printed and physically signed by the party making the Declaration. The
Declaration does not have to be witnessed by a Commissioner as a Statutory Declaration needs
to be. • A Subscriber electronically signs the Declaration based on having the physically signed version in
their possession. • If a land surveyor is making the Declaration, it is important to realize that they may be playing
two roles – the person making the Declaration and the Subscriber electronically signing it.

• The original document itself is not modified. If, for example, an additional consent signature was
required for a subdivision plan, the extra signature is obtained on a Declaration form, not by
going back and amending the original Application form. 4) After it is filed
Unlike a survey plan, a Document cannot be amended or altered once it has been registered. In many
cases, it is necessary to register a release and a new document. In some cases, a Modification
Agreement can be registered.

If there is a need to alter a registered document, it is advisable to
contact the LTO or a legal professional for advice
Professional Reference Manual V3.3 Chapter 14: Electronic Plans Filed with the Land Title & Survey Authority - 18
Chapter 15 - Public Roads, Highways And Forest Service Roads
Part 1 - Introduction
Roads, Highways and Trails have long presented challenges to land surveyors, administrators of Crown
land, and the general public. What creates a road or a highway? When is a trail public? How wide is a
road, a highway, a wagon road, a trail? What documents are available to assist when researching these
matters? This chapter is a compendium of material received from various sources both in and out of government.

As understanding public roads, highways, trails, and forest service roads is of interest to land surveyors
and various government bodies, specifically the Ministry of Forests, Lands, Natural Resource Operations
and Rural Development, and the Ministry of Transportation and Infrastructure, both of these ministries
have reviewed portions of this Chapter. This chapter is intended to provide some basic information on roads, highways, and trails. It is not
complete, and perhaps never will be complete as law evolves, but it will provide some basic understanding
of the subject matter and a place for one to begin their research. Determining the status of a road, a highway, or a trail can be complex.

For the most part, the issues are
legal in nature, but the outcomes of these decisions directly affect boundaries. Readers of this paper are
advised to consider obtaining legal advice should they not be comfortable with the conclusions of their
research for a specific situation. In general, the terms “road” and “highway” are commonly used by the public to describe a physical route
that is suitable for a vehicle to travel upon. In this context, a road or highway may be a paved surface, a
gravel surface, or a dirt track and might or might not be a public road or highway within the meaning of
the Land Act or the Transportation Act.

It is possible for a transportation corridor to be private or to be public, but not be a public road or highway. It is possible for a public road or highway to exist but not be physically constructed. Determining if a transportation corridor is, in fact, a public road or highway can be challenging as public
roads and highways can be established in a number of ways. A public road as defined in the Land Act, Chapter 245 RSBC 1996:
"public road" means a portion of Crown land designated or indicated as a road on a plan of survey
made under this Act, whether or not a road is constructed, and includes a road allowance
or walkway allowance established under

section 79;
A highway as defined in the Transportation Act, Chapter 44, SBC 2004:
"highway" means a public street, road, trail, lane, bridge, trestle, tunnel, ferry landing, ferry
approach, any other public way or any other land or improvement that becomes or has
become a highway by any of the following:
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 1
a) deposit of a subdivision, reference or explanatory plan in a land title office under

section 107 of the Land Title Act;
b) a public expenditure to which

section 42 applies;
c) a common law dedication made by the government or any other person;
d) declaration, by notice in the Gazette, made before December 24, 1987;
e) in the case of a road, colouring, outlining or designating the road on a record in such
a way that

section 13 or 57 of the Land Act applies to that road;
f) an order under

section 56 (2) of this Act;
g) any other prescribed means. For clarity it has been necessary to create a term to describe a physical ‘thing’ that appears to the layman
as a road but is not a Public Road as defined by the Land Act , a Highway as defined by the Transportation
Act, or a Forest Service Road as defined by the Forest Act. Within this chapter these are referred to as
“travelled ways”, “ways” and “transportation corridors”. “Ways” over Crown land that exist physically but that are not Public Roads or Highways
Many physical roads exist on Crown land and are often a source of confusion for the public as well as for
Crown land administrators.

In some cases, these roads may have been constructed historically under a
permit from the Crown or they may have come to exist less formally. In general, roads in this classification
have no legal road status. They exist but they are not recorded anywhere in the Crown Land Registry as a
road, and no specific rights or interests are associated with them. A physical road on Crown land that has been constructed under permit is generally authorized by the
Crown for a specific person or entity to conduct specific activities for a period of time. The permit may or
may not require the permit holder to decommission the road after their permit expires. Generally a
permitted road does not create an “exclusive use” situation.

There are special cases such as a Forest Service Road or a Petroleum Development Road where legislation
exists that allows the Crown to allocate the exclusive control over a corridor of Crown land to a company
that qualifies under the respective legislation, and allows that company to construct or upgrade a road
over Crown land, and to restrict use of the road. None of these types of roads are typically considered to be Public Roads or Highway. Part 2 - How Public Roads And Highways Are Created
Public Road is created by:
(a) Depiction of an area clearly labeled as “Road” on an official plan filed in the Crown Land Registry
(“official” meaning that the plan has been confirmed pursuant to

section 72 of the Land Act by or
on behalf of the Surveyor General, or a plan that has been Gazetted as an official plan);
(b) Depiction of an area clearly labelled as “Road Allowance” or “Walkway Allowance” on a confirmed
plan filed in the Crown Land Registry when the plan clearly identifies that the Road Allowance or
Walkway Allowance has been established pursuant to

section 79 of the Land Act; and
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 2
(c) A public road can be established pursuant to

section 80 of the Land Act by depiction of a polygon
on a subdivision plan prepared pursuant to the Land Title Act clearly labeled as “Road”. Highway can be created by (in the order listed in the definition of “highway” in

section 1 of the
Transportation Act):
(a) Dedication in accordance with the Land Title Act;
(b) Expenditure of public money;
(c) Dedication by way of common law;
(d) Gazette Notice;
(e) Depiction on a Crown grant;
(f) An order under

section 56 (2) of the Transportation Act; and
(g) Any other prescribed means. More thorough explanations of how Public Roads and Highways are created follows:
1) Creation of Public Road pursuant to the Land Act
Virtually all land in British Columbia is considered to be Crown land unless it has been granted or
alienated by the Crown to a private owner. Grants of Crown land are made pursuant to the Land Act. The following sections of the Land Act define public roads. 2) Creation pursuant to

section 72 of the Land Act
Most commonly Public Road is established by the depiction of an area clearly labeled as “Road” on
an official plan filed in the (provincial) Crown Land Registry (“official” meaning that the plan has been
confirmed pursuant to

section 72 of the Land Act by or on behalf of the Surveyor General, or a plan
that has been gazetted as an official plan.) 3) Creation pursuant to

section 79 of the Land Act
Road and walkway allowances
The Surveyor General may establish or cancel a Road Allowance or Walkway Allowance on the border
of, or through a section, lot or block of Crown land (

section 79). Legislation indicates that in order for
a Road Allowance or Walkway Allowance to be established the Land Act survey plan upon which it
appears must, in accordance with legal advice received, be specifically endorsed by the Surveyor
General pursuant to

section 79 of the Land Act. The current advice warns that simple depiction of a
Road Allowance or Walkway Allowance, without the specific endorsement, may not establish a Road
Allowance or a Walkway Allowance. Historically the Surveyor General and land surveyors in BC have
considered a Road Allowance shown on a survey plan prepared under the Land Act to be a public
road. There is no intention by the Surveyor General to change practice or suggest a change in practice
by land surveyors. It should be noted that a “road allowance” shown on a Dominion Township Plan is considered to be
un-designated provincial Crown land.

This is because the provincial Land Act did not apply to the
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 3
survey of federal land. The Railway Belt and the Peace River Block were owned by Canada when the
Dominion Township Plans were prepared. 4) Establishment pursuant to

Section 80 - Land Act
A public road may be created under the Land Act using

Section 80 when public road access is required
over Crown land to access the subdivision of private land. 5) Other Sections of the Land Act pertinent to public roads
Provincial Crown grants are subject to several sections of the Land Act. Readers should be aware of
the following. Readers should also be aware of item (e) in the definition of “highway” contained in
the Transportation Act when reviewing Crown grants or determining the status of a road or highway.

Roads
13 (1) In a disposition of Crown land under this or a former Act in which a portion of the land is
designated as a road in the instrument evidencing the disposition or in a map or plan attached
to it, unless there is express provision in the instrument to the contrary, the road is deemed to
be,
(a) in the case of a disposition made before January 3, 1977, 20.1168m in width, being
10.0584m on each side of the center line of the travelled portion of the road, and
(b) in the case of a disposition made after January 2, 1977, 20 m in width, being 10 m on each
side of the center line of the travelled portion of the road.

(2) No part of the road referred to in subsection (1) passes to any person under the instrument.

Reservations to which purchasers are subject
27 Unless otherwise expressly provided in the certificate of purchase, the right of a purchaser under
a certificate of purchase is, from the date of the certificate, subject to all of the following:
(a) the terms, covenants, stipulations, reservations and exemptions contained in this Act, the
regulations or in the Crown grant;
(b) highways, streets, roads, trails and other ways existing at that date over or through the land;
(c) the reservations, exceptions and rights of way endorsed at the minister's direction on the
certificate.…
Although all three subsections ought to be considered, it is particularly important to note that
most provincial Crown grants are subject to the conditions of subsection (b).

Exceptions and reservations
50 (1) A disposition of Crown land under this or another Act
(a) excepts and reserves the following interests, rights, privileges and titles:
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 4
(i) a right in the government, or any person acting for it, to resume any part of the land that
is deemed to be necessary by the government for making roads, canals, bridges or other
public works, but not more than 1/20 part of the whole of the land, and no resumption
may be made of any land on which a building has been erected, or that may be in use as
a garden or otherwise;
(ii) …;
(iii) …;
(iv) a right in any person authorized by the government to take from any part of the land
granted, without compensation, gravel, sand, stone, lime, timber or other material that
may be required in the construction, maintenance or repair of a road, ferry, bridge or
other public work,
(b)….

(c) conveys no right, interest or estate to highways, within the meaning of the Transportation
Act, existing over or through the land at the date of the disposition. Roads
57 If Crown land is disposed of by Crown grant and the map or plan attached to the grant shows a
road coloured, outlined or designated in a colour other than red, no part of the road passes to
the grantee, and, unless there is express provision in the grant to the contrary, the road is
deemed to be, for a grant issued
(a) before January 3, 1977, 20.1168 m in width, and
(b) after January 2, 1977, 20 m in width.

Part 3 - Creation of Highway Pursuant to the Transportation Act
1) Dedication in accordance with the Land Title Act, Chapter 250, RSBC 1996

section 107 of the Land Title Act a highway is established by the land title office deposit
of a subdivision, reference, or explanatory plan showing a portion of the lands dealt with as “road” or
“highway”.

Dedication and vesting
107
(1) The deposit of a subdivision, reference or explanatory plan showing a portion of the land
(a) as a highway, park or public square, that is not designated on the plan to be of a private nature,
or;
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 5
(b) ….operates;
(c) 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;
(d) 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:
(i) minerals and placer minerals as defined in the Mineral Tenure Act;
(ii) coal;
(iii) petroleum as defined in the Petroleum and Natural Gas Act;
(iv) gas or gases, and
(e) to extinguish the owner's common law property, if any, in the portion of land referred to in
subsection (1) (a) or (b).

(2) If the Crown in right of Canada, in trust for a band, as defined in the Indian Act (Canada), is the
owner of the subdivided land, the Lieutenant Governor in Council may limit, in whole or in part,
and subject to the terms and conditions the Lieutenant Governor in Council considers necessary,
the operation of subsection (1). (3) An indefeasible title must not be registered for a highway, park or public square dedicated and
vested under this section. (4) 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. 2) The Expenditure of Public Money

Section 42 – Transportation Act
The actions described above under the Land Title Act are clear intentions by the land owner to declare
an area of their property as highway. When highway is dedicated under the Land Title Act, the
Certificate of Title to the affected land is updated by showing the highway dedication as an
‘exception’. There are, however, other situations where the Certificate of Title does not reflect the existence of a
highway but, in fact, there is a physical road in existence that is considered to be public. A travelled
way deemed to be a highway pursuant to

Section 42 (1) states that “if public money is spent on a travelled road that is not a highway, the
travelled road is deemed and declared to be a highway”. Opinions suggest that a highway can only be determined to be a highway pursuant to

section 42 by
an order of a court of law. Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 6

Section 4 of the Transportation Act Regulation sets out the following exemptions from Section 42 of
the Transportation Act:
Exceptions to

section 42 (1) of the Act (section 4 Transportation Act Regulation 546/2004)
4 (1)

Section 42 (1) of the Act does not apply:
(a) to an expenditure of public money if the expenditure is confined to an expenditure for
snowploughing or ice control,
(b) to a travelled road if the travelled road forms part of an existing railway right of way and,
at the time public money was spent on it,
(i) was owned by the government or a Crown corporation or Crown agency, or
(ii) formed part of a railway right of way,
(b.1) to the Telegraph Cove Road, being a private industrial road located
approximately 20 km south of Port McNeill on Vancouver Island, commencing at
the southern boundary of Rupert District Lot 348 (intersection of Beaver Cove
Road and the Kilpala Main) and traveling northeastwards for a distance of 3.6 km
through Rupert District Lot 2 and terminating at the western side of Rupert
District Lot 350 (start of the 1.0 km public highway at Timber West’s dry land
sort),
(b.2) to the Alberni Bamfield Road, a road located between Port Alberni and Bamfield
on central Vancouver Island, commencing at the south terminus of Franklin River
Road, a public highway within Block 763, Alberni District, then traveling
approximately 78 kilometres southwesterly to join and terminate at Bamfield
Road, a public highway near Pacheena Bay,
(b.3) to the SJ620 Road, being a private industrial road located in Sections 21 and 22,
Township 41, Rupert District, commencing at the intersection of the SJ620 Road
with the San Josef Main Road in the South 1/2 of the Northwest 1/4 of

Section
22, Township 41, Rupert District and travelling westwards for a distance of
approximately 1.4023 km, terminating at the easterly boundary of Cape Scott
Park,
(c) to a highway if money has been authorized to be lent, guaranteed, invested, granted or
spent in relation to the highway under

section 13 of the Ministry of Energy and Mines Act,
or
(d) to travelled roads that:
(i) are on ferry terminal properties, within the meaning of the Coastal Ferry Act, and
(ii) are not designated, under that Act, as highway properties. (2)

Section 42 (1) of the Act does not apply to any of the following trails, whether or not public
money is spent on the trail before or after the coming into force of this subsection:
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 7
(a) The Trans Canada Trail;
(b) a snowmobile trail established and maintained by a recreational organization. (3) Nothing in subsection (1) or (2) is to be read as including recreational trails within the meaning
of roads or travelled roads. A further exemption pursuant to

Section 42 can be found in the Road Exemption Regulation No. 1
86/2006 which reads as follows:
Work Package 1 (DB1) temporary construction road
1

Section 42 (1) of the Transportation Act does not apply to the travelled roads that will be
constructed on the land shown outlined by bold line on the following plans:
(a) Plan entitled "Statutory Right of Way Plan Over Parts of: Block B (Reference Plan 2164) Except:
Firstly; Portions in Reference Plan 4162, Secondly; Highway Plan 52, Thirdly; Part Road in Plan
BCP_______, DL 1493, Group 1, NWD" prepared by G. A. Hol, B.C.L.S., and certified correct on
March 20, 2006;
(b) Plan entitled "Statutory Right of Way Plan over Parts of: Lot F (Explanatory Plan 9412) Except:
Firstly; Part in Highway Plan 52, Secondly; Part in Plan LMP25925, Thirdly: Part in Highway Plan
118, Fourthly; Part in Highway Plan 126, Fifthly; Part in Highway Plan 12, Sixthly; Part Plan
LMP49608, Seventhly: Part Road in Plan BCP_______, DL 1494, Group 1, NWD" prepared by
G. A. Hol, B.C.L.S., and certified correct on March 20, 2006.

------------------------------------------
As highways created through the expenditure of funds under

Section 42 of the Transportation Act do
not constitute land that has been purchased or obtained from the owner of the land,

section 42
highways are not removed from the Certificate of Title for the land. (In order to remove a travelled
way deemed a highway pursuant to

section 42 a plan, generally a reference plan prepared pursuant
to

section 107 of the Land Title Act, needs to be deposited which will cause the title to be updated
appropriately.) A land surveyor should only consider a travelled way to be a highway pursuant to

section 42 of the
Transportation Act if that travelled way has been so deemed by a Court of Law. If a land surveyor finds a travelled way that is not a highway or public road as per their definitions,
the land surveyor should consider making inquiries to the Ministry of Transportation and
Infrastructures to determine if they consider the travelled way a highway pursuant to

section 42. The
land surveyor ought also to determine if a court of law has deemed the travelled way a highway. If it
is discovered that the travelled way is in fact a highway, then it should be treated as such. If the Crown
indicates that it is not a highway pursuant to

section 42, and there is no court order deeming it as
such, then the land surveyor ought to consider that the travelled way is not a highway pursuant to

section 42. If the land surveyor discovers that the travelled way is not a highway pursuant to section
42, they may wish to inform their client of this so that the client can take any appropriate action. Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 8
Unless a travelled way is a public road or highway through some other means, and unless a travelled
way has been deemed to be a highway pursuant to

section 42 of the Transportation Act or by common
law (see below), the land surveyor is left simply in the position of gathering evidence that could be
used to make a determination by the courts.

Section 42 has been considered in a series of court decisions which have defined how and when the
section can be applied. The ways in which these decisions have added to the understanding of

section
42 include:
• If all parties (the Crown and the private land owner) do not agree that a travelled way is a highway

section 42, the BC Supreme Court is the ultimate authority and can declare a highway
to be public under

section 42 after reviewing evidence;
• Evidentiary requirements for a dedication to be made by the Court are quite strict, especially if
the Crown is asserting a claim that a highway is public. The Court looks at the following:
Evidence of travel by the public;
o
Evidence of use by vehicles (trails used by people or horses are not included);
o
Evidence of intent by a landowner to dedicate the highway as public;
o
Evidence of public expenditures;
o
• A declaration that a highway has been established pursuant to

section 42 applies only to the
original alignment of the road, not to expansions or re-alignments. Readers are encouraged to read paragraphs 82-130 of the Reasons for Judgement in B.C. Ltd. v.
Abbotsford (City), 2013 BCSC 2055. These paragraphs provide reference to many other judgements that discuss

section 6 of the former Highway Act). These other judgements include:
• Delta (Municipality) v. Trim, 1982 CanLII 681 (BCSC);
• Silverton (Village) v. Hobbs, [1985] B.C.J. No. 2912 (BCSC);
• Whistler Service Park Ltd. v. Normway, 48 D.L.R. (4th) 160 (BCSC);
• British Columbia v. Hilyn Holdings Ltd., [1989] B.C.J. No. 2015;
• Foothills Municipal District No. 31 v. Stockwell, [1986] 1 W.W.R. 668;
• Emmett v. Arbutus Bay Estates Ltd., [1992] B.C.J. No. 170;
• Dunromin Investments Ltd. v. Spallumcheen (Township), 2000 BCSC 383;
• Silvern Estates Ltd. v. British Columbia [2007) B.C.J. No. 1003; 2007 BCCA 284;
• and Brady v. Zirnhelt (1998), 57 B.C.L.R. (3d) 144 at 152 (B.C.C.A.).

Although the Courts have been somewhat quiet in declaring the width of a highway established

section 42 of the Transportation Act, the prevailing understanding is that a s.42 highway
is only as wide as the travelled portion. The definition of travelled portion seems to be the running
surface of the highway and does not include the width of cuts and fills. See Erickson v. Jones (2004
BCSC; aff’d on appeal 2005 BCCA), Northern Rockies Regional Municipality v. Loewen Resort
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 9
Management Ltd. and 0921477 B.C. Limited, 2014 BCSC 342 (CanLII), and Buller v. Bjorklund Holdings
(2004 BCSC).

The Courts appear to apply the provisions of s.42 conservatively and find the width of a "deemed
highway" to be as narrow as is possible given that a declaration pursuant to s.42 is to divest the subject
owner of part of his or her land without compensation. 3) Common Law Dedication Made by the Government or any Other Person
In accordance with common law, a road becomes a public highway when a landowner allows the
public to pass and re-pass over their land for an extended period of time to allow access to lands
beyond. In the case of a common law highway, public monies need not have been expended but an
intention by the landowner to allow general public access must be demonstrated.

A road corridor
created by common law dedication remains a highway even if the use of the road ceases. As with s.
42 highways, a court declaration is required before a highway can lawfully become a public highway
by way of common law dedication. See Brady v. Zirnhelt (1998), 57 B.C.L.R. (3d) 144 at 152 (B.C.C.A.). for an interesting and instructional
judgement of where the courts found a highway to be a highway in accordance with common law. Highways created by common law are not indicated or noted on Certificates of Title.

4) Declaration, by Notice in the Gazette, Made before December 24, 1987
Gazette Notice
Up until December 24, 1987, the predecessors to the Ministry of Transportation and Infrastructure
had the ability to acquire land for highway purposes by publishing a notice in the BC Gazette. While
this practice is no longer in use there are many instances where land has become a highway by virtue
of publishing such a notice. In some cases, a record of this gazetting can be found in the Legal
Notations on a Certificate of Title, but not always. If there is an indication that such an action may
have happened, the records of the Ministry of Transportation and Infrastructure must be checked, or
a search of the BC Gazette completed.

For a period of time, local governments also had the ability to establish a road by gazette notice. See
the section on Municipal Gazetted Roads later in this paper. Highways created by Gazette Notice may or may not be indicated as a note on Certificates of Title. Although a highway established by gazette is a highway, it will not be removed from a Certificate of
Title until the highway is defined by a statutory right of way plan and the plan and a Form 12 are
deposited into the land title office. 5) Depiction on a Crown grant
Sub

section 1(e) of the Transportation Act defines “highway” as;….in the case of a road, colouring,
outlining or designating the road on a record in such a way that

section 13 or 57 of the Land Act applies
to that road. Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 10
One must review both the Crown grant verbiage and tracing to determine if a highway exists in
accordance with this subsection. Most (but not all) Crown grants contain a tracing. Normal practice
appears to have always been to depict the land to be granted in a red colour on the Crown grant
tracing, to depict creeks blue and depict roads in a brown colour. It is interesting (and can be
significant) to note that the courts have found black to not be a distinguishing colour. In paragraph 51
in Kirkpatrick et al.

v. The Public Trustee, Estate of William Parkinson, deceased et al. 2001 BCSC 902
the honourable justice E.R.A. Edwards stated, “…the alleged “road” was “outlined or designated” in a
colour other than red, that is black, there is no basis for inferring black ink was intended to distinguish
the area outside the dashed line as excepted from the Crown grant because black ink was used for all
lines on the plan and so has no particular significance.”
Generally roads shown on a Crown grant tracing are labelled as “road”. If a Crown grant contains a
tracing that depicts an area in a brown wash, with or without the labelling “road” then that area is a
“highway” in accordance with the Transportation Act.

Although much less common, if the verbiage in
a Crown grant clearly declares a specific area as a road then that area too is a “highway” in accordance
with the Transportation Act. Typically Crown grants contain a proviso that reserve existing roads from alienation. However, unless
the Crown grant verbiage or the tracing attached to the Crown grant expressly refer to a specific road
or depict a road (i.e., there is a ‘colouring, outline or designation’ of the road on the Crown grant
tracing), the road is not a highway under the Transportation Act. The Courts have provided that the width of wagon roads, trails and other travelled ways that were
reserved from alienation by verbiage in Crown grants to be the actual travelled width.

For example in
Buller v. Bjorklund Holdings Ltd. et al 2004 BCSC 131 (see paragraphs 47-57) the judge found that the
width of a wagon road that ran through the subject property to be 6 metres wide. 6) An Order under

Section 56(2) of the Transportation Act
Conversion of a Forest Service Road to a Highway
56(2) Without limiting any right or power the minister responsible for the administration of the
Ministry of Forests and Range Act may have in relation to forest service roads, the Lieutenant
Governor in Council may, with the consent of the minister and the minister responsible for the
administration of the Ministry of Forests and Range Act, order that a forest service road cease to be
a forest service road for the purposes of the Forest Act and become, for the purposes of this Act,
(a) if and to the extent it is located in a municipality, an arterial highway, or
(b) in any other case, a rural highway.

Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 11
7) Any Other Prescribed Means

Section 121 of the Forest Act, for example, allows the minister responsible for the Forest Act to close
a forest service road and to transfer administration of that closed road to the minister responsible for
the Transportation Act.

Section 121(9) of the Forest Act allows:
• The minister to discontinue and close a right of way or forest service road or a part of either by
notice given by publication in the Gazette, or in a newspaper; and
• assign a right of way or forest service road or a part of either to the minister responsible for the
administration of the Transportation Act. The minister responsible for the Transportation Act can then establish that closed forest service road
as highway by some method.

Section 102 Land Title Act
Titled Crown land may be dedicated as a highway under

section 102 can also be used by the Crown to dedicate a highway where the title to the
land has forfeited to the government for nonpayment of taxes (see

section 278 of the Land Title Act.) 102 (1) 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
Note
deposit a reference plan showing the area
intended to become a highway. Only a portion of

section 102 is
reproduced here for brevity)
(2) 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. Land surveyors should be aware that the law is not static and that, from time to time statutes and
regulations are amended or new ones created. Accordingly, it is prudent to keep abreast of new
legislation or regulations that pertain to highways, public roads, and access provisions.

Part 4 - Ownership Of Public Roads, Highways, And ‘Travelled Ways’
Within And Outside Of Municipalities
Highways outside of incorporated areas are owned by the British Columbia Transportation and Financing
Authority, which in turn is owned by the ministry responsible for highways, currently the Ministry of
Transportation and Infrastructure. Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 12
The administration and control of Public Roads outside of incorporated areas is with the ministry
responsible for Crown lands, currently the Ministry of Forests, Lands, Natural Resource Operations and
Rural Development. There is a compelling and as yet unresolved argument that Public Roads that are
located within an incorporated area belong to that local government.

‘Travelled ways’, ‘ways’ and ‘transportation corridors’, in the absence of any tenure issued by the Crown,
and unless administration and control of them has been transferred to another ministry, regardless of
whether they are located within or outside of an incorporated area, are under the jurisdiction of the
ministry responsible for Crown lands. 1) Ownership within Municipalities
Of considerable interest and complexity is ownership of highways within municipalities. Highways within incorporated municipalities are owned by the local government, unless they are
arterial highway, or fit within one of the other exceptions set out in

section 35(2) of the Community
Charter. Historically, highways within incorporated municipalities, other than the City of Vancouver, were
owned by the provincial Crown under the jurisdiction of the ministry responsible for highways (today
being the Ministry of Transportation and Infrastructure). This changed in 2003 when the Community
Charter was enacted.

Section 35(1) of the Charter, in part, reads;
Ownership and possession of highways
35 (1) Subject to this section,
(a) the soil and freehold of every highway in a municipality is vested in the municipality, and
(b) in the case of a highway in a municipality that is not vested under paragraph (a), the right of
possession of the highway is vested in the municipality. There are a number of exceptions to this listed in

section 35(2). Section 35(2) of the Community
Charter is copied below;
(2) Subsection (1) (a) does not apply to the following:
(a) Provincial arterial highways, including the intersection between a Provincial arterial highway
and another highway and any interchange between a Provincial arterial highway and
another highway;
(b) highways referred to in

section 23 (1) of the South Coast British Columbia Transportation
Authority Act;
(c) highways in a park, conservancy, recreation area or ecological reserve established under
the Park Act, the Ecological Reserve Act or the Protected Areas of British Columbia Act or an
area to which an order under

section 7 (1) of the Environment and Land Use Act applies;
(d) highways in a regional park;
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 13
(e) a regional trail, other than a regional trail that is part of the road system regularly used by
vehicle traffic;
(f) land, including the improvements on it, on which Provincial works such as ferry terminals,
gravel pits, weigh scales and maintenance yards are located;
(g) roads referred to in

section 24 of the Forest and Range Practices Act that have not been
declared to be public highways;
(h) highways vested in the federal government;
(i) in relation to a reserve as defined in the Indian Act (Canada), highways in the reserve or that
pass through the reserve;
(j) public rights of way on private land.

Section 289 of the Vancouver Charter sets out that streets within the City of Vancouver are owned by
the City. Note that

Section 289 of the Vancouver Charter contains an exception with respect to Section
57 of the Transportation Act which vests provincial highways in the Province. The Vancouver Charter
is silent with respect to ownership of arterial highways designated under

Section 44.1 of the
Transportation Act. Streets and parks vested in city
289 (1) Unless otherwise expressly provided, the real property comprised in every street, park, or public
square in the city shall be absolutely vested in fee-simple in the city subject only to

section
291A of this Act; provided that section 57 of the Transportation Act shall not apply to any
street, park, or public square aforesaid; provided further, however, that it shall be lawful for
the city to acquire from any person rights or easements for street, park, or public square
purposes less than the fee-simple, whether on, above, or below the surface of any real
property owned by such person. (2) In the application of

section 107 of the Land Title Act to a subdivision of land in the City of
Vancouver,

section 107 shall be construed as if for the words
(a) "land" and "highway", wherever they occur, "real property" and "street", respectively,
were substituted, and
(b) "Crown in right of the Province,", in the first line of subsection (1) (d), were substituted
"City of Vancouver,". (3) …
2) Local Government Legislation
In the past, municipalities acquired some of their streets by way of bylaw under the former Municipal
Act (

Section 578). In these situations, the municipality would acquire street widenings as “Bylaw road”
parcels conveyed to the municipality such that each parcel acquired would be assigned a unique PID
and a title in the name of the municipality. Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 14
Recommended practice for land surveyors is to show these parcels as scenery on a survey plan
prepared for registration in the Land Title Office. Local governments should be encouraged to dedicate these Bylaw roads under

section 107 of the
Land Title Act. In the City of Vancouver, street widenings can still be acquired or “established” via Council Resolution

Section 291 of the Vancouver Charter. Similar to the “Bylaw road” parcels described
above, each parcel established as a street will have its own unique PID and title in the name of the
City with the legal notation “Established as Road, see DF______”. This is a long standing means of
acquiring a street in the City of Vancouver, and there are thousands of these parcels across the City. Recommended practice for land surveyors is not to show these parcels as scenery, but rather show
them collectively as a “street” or “road” on a survey plan prepared for the registration in the Land
Title Office. At the date of the first release of this document (Spring 2016) the City of Surrey is considering
proceeding pursuant to

section 30(1) of the Community Charter to establish roads by bylaw. Reservation and dedication of municipal property
30 (1) A council may, by bylaw, reserve or dedicate for a particular municipal or other public purpose
real property owned by the municipality. 3) Use of Land Title Inquiry Act in certain City of Vancouver situations to Confirm
Ownership of Street
Within certain district lots in the City of Vancouver, a series of ”T” shaped lanes were created as
Parcels A or B and not dedicated to the City as lane on the original subdivision plans.

Over the years,
many of the lane parcels were acquired by the City, but for many blocks, Land Title Office records
show title to these in the name of private persons no longer living and of no relation to the current
owners of the adjacent lots. Typically these lane parcels are fully constructed with surface
improvements and utilities like any other City lane. For two situations, the City of Vancouver has been
successful with applications to the Supreme Court of British Columbia to declare that the City is the
legal and beneficial owner of the lanes.

The rationale in the judgments was based on the following;
1. there was a purported conveyance of the lands although the conveyance was never perfected,
2. public municipal money had been spent on the lane (

Section 42.1 Transportation Act),
3. the common law principle of dedication and acceptance applied: i.e. there was a common law
dedication of the lane, and
4. the City had undertaken considerable efforts to identify possible parties of interest and track
down relevant heirs. Needless to say these applications to the court were time consuming and expensive, but secure lane
access for the adjacent development sites was essential, and had to be clarified before a development
permit could be issued.

For further details, see the case references below:
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 15
• City of Vancouver v. Her Majesty the Queen In Right of the Province of British Columbia,
Vancouver Breweries, The British Canadian and General Investment Company Limited et al
(Supreme Court of British Columbia, No. S096484 Vancouver Registry January 8, 2010)
• City of Vancouver v. Her Majesty the Queen In Right of the Province of British Columbia, Edwin
Jackson Jr., Andrea Philips et al (Supreme Court of British Columbia, No.

S084472 Vancouver
Registry September 12, 2008)
Part 5 - Municipal Gazetted Roads
Municipal governments have, as early as the late 1800’s, established highways through powers granted
to them by various incarnations of the Municipal Act. Additionally, municipalities had the power to
resume, on behalf of the Province, a portion of land for highway purposes in the event of the Crown not
having resumed the entire acreage reserved in any Crown grant for making roads, as long as the entire
acreage of the lands resumed, or to be resumed, did not exceed one twentieth part of the whole of the
lands granted. For lack of better definition, and for consistency with requirements shown below, this type
of highway is being referred to as ‘municipal gazetted road’.

Municipal powers are exercised through the passage of bylaws. All road bylaws brought forward for
Council consideration and approval in the time period when municipalities could establish road by a
gazette notice, were subject to procedural requirements for the passage and authentication of each
bylaw, which included but was not limited to being:
(1) published in the British Columbia Gazette and in one or more newspapers published in the
municipality;
(2) under the seal of the corporation and signed by the Mayor or Reeve and Clerk; and
(3) filed in the Land Registration office of the district in which the land affected by the by-law is situated.

One must be very aware of municipal gazetted roads because they are not recognized as a ‘highway
dedication’ in the land title system. Rather, they are considered to be a ‘road reservation’, and certificates
of title do not reflect exceptions for the land described in the gazette. In some cases, notice of the gazette
notice is shown in the miscellaneous notes but typically the presence of a gazetted road cannot be
determined by examination of a certificate of title. Typically, the ‘municipal gazetted road’ has been a long travelled highway which could easily be mistaken
for a dedicated highway. It is important to analyse the highway origin from a title perspective and if
necessary conduct detailed municipal bylaw records research.

The classic problem related to this topic
arises in connection with a subdivision application, when it is discovered that “legal access” to certain lots
of the proposed subdivision may be provided only by the ‘municipal gazetted road’, which in land title
records, could still be included within a private title. When an approving officer of a municipality is asked to endorse a proposed subdivision, he/she is faced
with a difficult question: does the existing highway adjacent to the subdivision constitute “legal access”?

One must adequately research the highway access immediately adjacent to the development or
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 16
subdivision they are working on to ensure that there are no concerns, or that they understand any issues
thereby providing the clarity and certainty approving officers require. The manner in which formal dedication as highway of a portion of land ‘reserved for road’ by a municipal
gazette is achieved is primarily a legal issue. Until legal counsel, in cooperation with government, devises
a method in which to formally dedicate the land reserved for road, the role of the land surveyor is limited
to gathering of spatial evidence and conducting research.

The final step in the solution will most likely be
the preparation of a plan that defines the extent of the highway for land title office deposit. However,
until the full solution is designed and agreed upon by all effected parties, it is probably premature for the
land surveyor to prepare a statute plan. Identifying a method through which to formally dedicate a
municipally gazetted road as highway may be quite time consuming due to the complicated legal nature
of municipal gazetted roads. A land surveyor who has worked with teams charged with dedicating municipal gazetted roads as highway
has reported that several solutions are available to land surveyors for consideration. These solutions may
utilize

section 107 of the Land Title Act, the Land Title Inquiry Act, the Municipalities Enabling and
Validating Act and the Expropriation Act. Each case may present different facts and political landscapes,
thereby dictating an appropriate solution. The commonality of every case is that each is complicated,
expensive to resolve, and time consuming. Part 6 - Forest Service Roads
1) Abbreviations
“BCGW” means the British Columbia Geographic Warehouse. The BCGW is the
corporate repository for integrated land, resource and geographic data
maintained by the provincial government. “FLNRORD” means the Ministry of Forests, Lands, Natural Resource Operations and
Rural Development. “FSR” means forest service road. 2) Introduction
A Forest Service Road is a rudimentary access road maintained by the provincial government or by
industry.

Although primarily used for logging purposes, FSRs are open to public use. See
https://www.for.gov.bc.ca/dck/engineering/dck_engineering.htm#industrial for additional
information. This section of this paper provides a primer on FSRs, introducing how these roads are established,
how they cease to exist, and various other notes of interest. 3) How is a Forest Service Road established? A road is not a forest service road unless it meets the criteria provided under the Forest Act’s
definition of “forest service road”.

Section 1 of the Forest Act provides the following:
"forest service road" means a road on Crown land that
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 17
(a) is declared a forest service road under

section 115 (5),
(b) is constructed or maintained by the minister under

section 121,
(c) was a forest service road under this definition as it was immediately before the coming into
force of this paragraph, or
(d) meets prescribed requirements;
Thus, per the definition, a road is a forest service road if it is on Crown land and meets one of the
specified requirements listed under paragraphs (a) to (d). If the road is not on Crown land and does
not meet one of the four requirements, then the road is not a forest service road. Each of the four criteria listed under the definition of forest service road is discussed in greater detail
below. 3.1 A road on Crown land that (a) is declared a forest service road under

Section 115 of the Forest Act provides that a person who has a right to harvest timber may
apply for a road permit, which allows the person to construct or maintain a road on Crown
land. Road permits are typically used when a timber company needs a road to access its timber
supply but government doesn’t want the responsibility of operating a public road. The
government authorizes the timber company to build a new road or use an existing road, and
the timber company is responsible for maintaining road standards.

Section 115(5) provides a mechanism through which a permit road may become a forest
service road. Pursuant to s. 115(5), the minister may declare a road constructed under a road
permit to be an FSR. The declaration process is completed by way of a form signed by the
Forest District Manager, who is a statutory decision-maker under the Forest Act, and the
declaration form is filed with the FLNRO. The status of the road is updated in the BCGW;
reference to the road permit is removed, and a record is added to indicate that the road is a
forest service road. 3.2 A road on Crown land that (b) is constructed or maintained by the minister under

section
121 of the Forest Act
The Forest Act authorizes the minister under the Act to build new roads.

Section 121(1)
provides that “The minister, for the purpose of providing access to timber or for any other
purpose consistent with this Act, the Forest and Range Practices Act or the Wildfire Act may
(a) construct and maintain roads and trails”. Before the minister can construct a new road, the Crown must own the land. A later part of
this section examines how the minister may acquire private land for road purposes. Construction of a road across Crown land may only begin after clearance review (this may be
referred to as a land status by some government agencies). The government confirms that the
Crown land through which the road will be constructed is unencumbered and otherwise
unoccupied.

During the clearance process, the proposed forest service road is noted on Crown
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 18
land records within the BCGW, so that new encumbrances are not created which may interfere
with the proposed road. Of important note, the BCGW does not distinguish between proposed forest service roads and
actual forest service roads. Accordingly, the BCGW cannot be relied upon for determining
whether a forest service road actually exists. One has to look outside of BCGW records to
determine whether an FSR has been legally established – i.e. whether a road has actually been
constructed and whether any of the four criteria under the definition of forest service road
apply to the road.

For assistance with determining whether a road is an FSR, contact the
following government office:
Forest Land Acquisitions Group
Forest Tenures Branch
Ministry of Forests, Lands, Natural Resource Operations, and Rural Development
Physical Location: 4th Floor, 2975 Jutland Road, Victoria, BC V8T 5J9
Mailing Address: PO Box 9510, Stn. Prov. Gov. Victoria, BC V8W 9C2
E-mail: FLAG@gov.bc.ca
Note also that roads built across Crown land may not have been surveyed and shown on a legal
survey plan. Given that these roads cross large swaths of Crown land without encountering
any private tenures, the Crown may not survey the road’s path in order to avoid additional
costs.

BCGW records illustrating a forest service road that travels across Crown land should
not be relied upon to provide an accurate location of that road. 3.2.1 When has the minister constructed or maintained a road? The question arises as to when paragraph (b) under the definition of forest service
road will be triggered? When has a road on Crown land been constructed and
maintained by the minister? This is a bit of a grey area. The Forest District Manager
keeps a ledger of all expenses related to roads. Typically, the type of expenditures that
may trigger s. 121 include surfacing and gravelling the road, installing ditches and
culverts, building bridges, or generally maintaining the road up to the standards
required for logging trucks.

Other situations may be even more ambiguous, and it may be even less clear as to
whether a road is a forest service road. For example, the Province may maintain only
portions of a road, performing maintenance only where the road needs it most. The
question arises as to whether the whole road becomes an FSR if only part of it is
maintained. It’s possible that in these circumstances, the whole road would become a
forest service road, although this issue has not been tested in court. Likewise, some
roads may twin off into separate branches, where only certain branches are
maintained by the Province and others are not. It is unclear as to whether the
unmaintained branches would be considered FSRs.

For assistance with determining
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 19
whether a road is a forest service road, contact the government’s Forest Land
Acquisitions section. 3.2.2 How can the Minister acquire private lands for road purposes? As provided by the definition of forest service road, an FSR means “A road on Crown
land” that meets certain requirements. Thus before a road is able to become an FSR,
the road must be on Crown land. To establish FSRs, the government must sometimes take possession of private land in
order to build road or obtain privately owned roads or trails. The Minister of FLNRO
gains the authority to acquire private land through two legislative sources:
•

Section 121(1)(b) of the Forest Act provides that “The minister … may (b) enter on
and take possession of private land, and of roads and trails on private land”. Per s.
121(5), if land is expropriated under s. 121(1), the Expropriation Act applies. •

Section 5 of the Ministry of Forests and Range Act provides that the minister may
acquire land. Prior to 1987 when the minister has exercised his or her power to acquire private land
for road purposes, the land was typically obtained through the following legal
processes:
• Gazette notice: The minister would put notice in the Gazette that he or she had
exercised his or her statutory authority to reclaim land for the purposes of
constructing an FSR. The Gazette notice would be filed with the land’s title in the
appropriate LTO, and a legal notation would be added to the affected titled
referencing applicable legislation (e.g. sections 23(2)(e) and (f) of the Land Title
Act).

The plan which is noted on title with the Gazette notice would either be a
survey plan or an engineering drawing. The legal description of the title would not
be changed to reflect an exception of the land intended for road. • Dedication: Dedication would occur when private land is acquired by the minister,
either through agreement or expropriation, and a reference plan was deposited
which dedicated the road pursuant to s. 107 of the Land Title Act. When the plan
was registered, the land dedicated as an FSR would transfer to the government,
as represented by the Minister of FLNRO. Title to the subject property is amended
to show the plan number as an exclusion to the legal description.

Of Important Note
Plans and other documents filed with the land title office may indicate that a
portion of land acquired by government is a forest service road. The land does not
become an FSR unless the criteria under the Forest Act’s definition of “forest
service road” apply. One must look beyond the register to determine whether the
acquired land has actually become a forest service road.

Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 20
3.3 A road on Crown land that (c) was a forest service road under this definition as it was
immediately before the coming into force of this paragraph
Paragraph (c) of the definition of “forest service road” provides that a road is an FSR if it “was
a forest service road under this definition as it was immediately before coming into force of
this paragraph”. In order to understand what this criterion encompasses, one must examine
the legislative history of this provision. A road on Crown land will be a forest service road if it meets the definition of forest service
road that existed before the Act’s current paragraph (c) came into force.

Paragraph (c) was
enacted by s .1 of the Forests Statutes Amendment Act (No. 2), 2003 (SBC 2003, c. 56). Prior to
this, the Act’s former definition of “forest service road” was as follows:
"Forest service road" means a road that
(a) is constructed, modified or maintained by the minister under

section 95 (1) (b) or (c) or (2) (b) of the Forest
Act, R.S.B.C. 1979, c. 140, before the repeal of that section,
(c) is declared a forest service road under

section 115 (5), or
(d) was, under the former Act, constructed or maintained by the minister, or declared a
forest service road;
(Bolding added for emphasis)
The criteria under paragraphs (a) and (c) are (more or less) still included in the current
definition of forest service road and will thus not be examined in this section. On the other
hand, paragraphs (b) and (d), which are bolded above, are no longer included in the current
definition of an FSR; accordingly, the scope of these two criteria are explained in greater detail
below. For narrative purposes, paragraph (d) of the former definition will be explained first.

3.3.1 Former paragraph (d): was, under the former Act, constructed or maintained by the
minister, or declared a forest service road
Paragraph (d) provides that a forest service road is a road that “was, under the former
Act, constructed or maintained by the minister, or declared a forest service road”. The
term “former Act” means the Ministry of Forests Act, which was repealed by the Forest
Act, S.B.C. 1978, c. 23. Thus, FSRs may continue in existence if they were, under the
former Act, constructed or maintained by the minister, or declared to be forest service
roads. 3.3.2 Former paragraph (b): was or became a forest service road under

section 95 (1) (b) or
(c) or (2) (b) of the Forest Act, R.S.B.C. 1979, c. 140, before the repeal of that section
Paragraph (b) of the former definition provides that a forest service road is a road that
“was or became a forest service road under

section 95(1)(b) or (c) or (2)(b) of the
Forest Act, R.S.B.C. 1979, c. 140, before the repeal of that section”. Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 21
In this part of the paper, the history of these sections will be discussed in detail,
beginning with a look at the Revised Statutes of British Columbia in 1979 (Forest Act,
R.S.B.C. 1979, c. 140) and ending with the repeal of these sections in 1995. Forest Act - 1979
In 1979, s. 95 of the Forest Act provided that a road could become a forest service road
in several circumstances, as provided by s. 95 (1)(b), (1)(c), and (2)(b). Each of these
circumstances is described below:
1.

Section 95(1)(b): A road built in accordance with a stumpage fee offset agreement

Section 88 of the Forest Act provided that timber companies could get credit
applied against stumpage fees they owed by performing certain types of work on
the land, if the work was approved by the minister. Accordingly, a timber company
could receive credit against their stumpage fees by constructing a logging access
road.

Section 95(1)(b) declared that roads constructed pursuant to these fee-offset
agreements were forest service roads. Per s. 95(1)(b):
95(1) A road on Crown land that is used, built or modified under a road permit
(b) is a forest service road, if the road permit provides that the expense
approved for the road is to be applied as a credit against stumpage under

Section 95(1)(b): Permit road declared to be a forest service road

Section 95(1)(c) was similar to today’s s. 115(5), and provided that a permit road
could become a forest service road if the minister declared it to be a forest service
road. Per s. 95(1)(c):
(c) shall become a forest service road if or when after the road is no longer
deemed to be owned by the holder of the road permit, the minister so
determines. 3.

Section 95(2)(b) Private road built under former Act may become a forest service
road

Section 95(2)(b) provided that private road on Crown land, which was built
pursuant to the former Act, could become a forest service road when it was no
longer privately owned and if the minister so determined. The section also
specified conditions triggering when a road would no longer be privately owned.

Section 95(2)(b) is reproduced below:
95(2) A road that was built on Crown land under the Former Act and deemed,
before January 1, 1979, to be the private property of a person
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 22
(a) shall be deemed to be owned by the person until the earliest of
(i) the expiry of the agreement or authority under which the road was
built;
(ii) the date the person by a declaration in a form required by the minister
elects that the road shall not be deemed to be owned by him; or
(iii) the date any part of an amount approved for the road is applied as a
credit against stumpage under

section 88. (b) shall become a forest service road if and when, after the road is no longer
deemed to be owned by the person, the minister so determines. Forest Amendment Act – 1980

Section 95(1) was modified in 1980. The term “used,” was struck out, which resulted
that s. 95(1) read as, “A road on Crown land that is built or modified under a road
permit…”. Forest Amendment Act - 1988
In 1988, s. 95(1)(b) was amended by the Forest (Amendment) Act, 1988 (SBC 1988, c.
37, eff. July 11, 1988 (B.C. Reg. 165/95)). Following this amendment, s. 95(1)(b) no
longer declared that a road was a forest service road if it was the subject of a stumpage
fee offset agreement. Instead, the paragraph provided that a road could become a
forest service road if the road permit required expenditure from the Crown.

Section
95(2)(a)(iii) was also modified to remove reference to the stumpage agreement.

The
amended provisions are provided below:
95(1) A road on Crown land that is built or modified under a road permit:
(b) is a forest service road, if the road permit provides that any expenditure
for the road is to be made by the Crown;
95(2) A road that was built on Crown land under the former Act and deemed,
before January 1, 1979, to be the private property of a person:
(a) shall be deemed to be owned by the person until the earliest of the date
any payment for maintenance or modification of the road is made by
the Crown;
Repeal of s. 95 - 1994
In 1994, s. 95 was repealed by the Forest Practices Code of British Columbia (SBC 1994,
c. 41, s. 280, eff.

June 15, 1995 (B.C. Reg. 165/95)). Note that the repeal of these
sections was not effective until an Order-in-Council was deposited in 1995. Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 23
3.4 A road on Crown land that (d) meets prescribed requirements
Under paragraph (d) of the definition of “forest service road”, a road may become an FSR if it
meets the prescribed requirements. In discussing forest service roads created by regulation, it is important to note s. 56(3) of the
Transportation Act, which provides that the Lieutenant Governor in Council may order that a
provincial public highway become a forest service road, so long as the Minister of
Transportation and Infrastructure and the Minister of FLRNO consent to the order.

This
authority is generally not used for road transfers. For reference, s. 56(3) is reproduced below:
56(3) Without limiting any right or power the minister may have to close a provincial public
highway, the Lieutenant Governor in Council may, with the consent of the minister and the
minister responsible for the administration of the Ministry of Forests and Range Act, order that
a provincial public highway cease to be a provincial public highway and become a forest service
road for the purposes of the Forest Act, and, in that event, the provincial public highway is
deemed to be closed and discontinued at the time it becomes a forest service road. 4) How can the Minister dispose of Forest Service Roads?

This section briefly examines how the minister responsible for the Forest Act may close and
discontinue a forest service road or transfer a forest service road to the minister responsible for the
Transportation Act. 4.1 Closure and discontinuation
Per s. 121(9)(a) of the Forest Act, the minister may, after providing notice in the manner the
minister considers appropriate, discontinue and close a forest service road or a portion of the
road. The Act provides the minister with discretion to publicize the road’s closure using
whatever means the minister believes will best reach members of the public who are impacted
by the closure.

Before a forest service road can be closed, the government may be required to
perform extension work on the road to ensure it is closed properly, such as removing bridges. Closure of the road is officialised when the appropriate Forest District Manager signs a
particular government legal form – Form FS301. After these forms are signed, they are filed
with the Ministry of FLNRO. 4.2 Transfer of Forest Service Roads to the minister responsible for the Transportation Act
Per

section 121(9)(c), the minister under the Forest Act may assign a forest service road to the
minister responsible for the Transportation Act. This is accomplished through a letter of
transfer or a ministerial order in which the appropriate statutory decision-makers in the two
ministries agree to transfer and receive the road respectively. Additionally, s. 56(2) of the Transportation Act provides that the Lieutenant Governor in
Council may, with the consent of the two applicable ministers, order that a forest service road
cease to be a forest service road and become a provincial public highway.

Section 56(2) is
reproduced below:
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 24
56 (2) Without limiting any right or power the minister responsible for the administration of
the Ministry of Forests and Range Act may have in relation to forest service roads, the
Lieutenant Governor in Council may, with the consent of the minister and the minister
responsible for the administration of the Ministry of Forests and Range Act, order that
a forest service road cease to be a forest service road for the purposes of the Forest Act
and become, for the purposes of this Act,

5) Various other notes of interest in relation to Forest Service Roads
This section briefly examines various other notes of interest in relation to forest service roads. 5.1 Subdivision possible if accessible by Forest Service Road
Under certain conditions, a forest service road may be used as the primary means of access
for a subdivided parcel.

Section 15 of the Land Title Act Regulation provides that an approving
officer may approve a subdivision plan where the only connection from the subdivided land to
the general highway system is by a forest service road. The approving officer may only approve
the plan if the regional engineering manager of the appropriate Ministry of Forests, Lands,
Natural Resource Operations and Rural Development office has first approved the plan
allowing a forest service road to provide access. 5.2 Forest Service Roads and Statutory Right-of-Ways
In some cases, the forest service road may appear on the ground as one continuous stretch of
road. Legally, however, a portion of the road may actually be a Crown statutory right-of-way,
also known as a Crown corridor.

Occasionally, a portion of a forest service road may cross
private land, and while crossing the private parcel, the tenure of the road is a statutory right-
of-way rather than a Forest Service Road. The forest service road begins and ends at the
boundaries of the property, and the Crown corridor stretches across the private property and
connects the forest service road. 5.3 Forest Service Roads and Indian Reserves
When a road that is established as a forest service road crosses an Indian reserve, the portion
of the road on reserve land may not legally be a forest service road but something akin to a
statutory right-of-way.

These tenures over Indian Reserves are formed pursuant to s. 28 of the
Indian Act, which allows the minister under the Indian Act (acting with the consent of Band
Council) to permit a person to use reserve land for a period exceeding one year. The Indian Act also provides that the Province’s expropriation powers may apply to reserve
lands if permitted by Canada’s Governor in Council. Per s. 35 of the Indian Act, if a statute
allows the provincial government to take or use lands without the owner’s consent, the power
may be exercised in relation to lands on a reserve with the consent of the Governor in Council
and subject to any prescribed terms.

Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 25
Reserve lands may eventually be transferred to a First Nation as part of a treaty agreement. If
the Province holds a Crown corridor which connects an FSR, the land subject to the Crown
corridor will likely be excluded from the lands granted in the treaty. Part 7 - Appendix 1
As stated in other sections of this Public Roads, Highways and Forest Service Roads paper, there have
been, and continue to be, a number of ways in which public roads and highways were and can be
established. This section discusses three mid-1980 Ombudsman’s reports that pertain to public roads and
highways.

Although the information contained within these reports has been subsequently refined by Court
decisions, and as such no longer provide guiding principles for the establishment of new highways
according to current policy, sections of the reports, and a discussion, are provided in this appendix as they
were used to create boundaries historically, many of which will still exist. Ombudsman’s Reports Regarding Roads
In the early to mid-1980s, the British Columbia Ombudsman, Mr. Karl A. Friedman, prepared three reports
that dealt with different aspects of road acquisition and highway establishment. Those reports are;
• Public Report No. 3, which dealt with expropriation;
• Special Report No. 5, which dealt with a complaint against the Ministry of Transportation and
Highways from a private party named Reid.

Fundamental to this complaint was the effect of a 1911
Gazette Notice. This gazette notice purported to establish all rural roads as a highway having a width
of 66 feet. https://bcombudsperson.ca/investigative_report/the-reid-case/
• Special Report No 10. Fundamental to this report was

section 4 of the then Highway Act (now s. 42
of the Transportation Act). Public Report No. 3
Public Report No. 3 is a review of proposed Expropriation legislation prepared by the Ombudsman for the
Ministry of Intergovernmental Relations in 1983. In his report, the Ombudsman does not confine the
report to the strict meaning of “expropriation” but rather broadens it to “compulsory acquisition”. Regarding compulsory acquisition, the Ombudsman wrote that complainants typically made one of the
following allegations:
1. The government is requiring me to sell all or part of my land to the Crown;
2. The government is requiring me to give all or part of my land to the Crown (without compensation);
3.

The government has legally taken all or part of my land (with compensation; this is expropriation);
4. The government has done something which has devalued my property (without compensation); or
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 26
5. The government legally took my land some time ago, has never used it, never intends to use it, and
refuses to sell it back to me. (Pages 1-2, Public Report No. 3). In addition to providing feedback on the proposed legislation, the Ombudsman also discussed dedication
of land to the Crown, establishment of highway pursuant to

section 4 of the Highway Act, the effects of a
1911 Gazette Notice (discussed in the next section), the right of resumption, expropriation, refusal to
expropriate, abandonment of road, as well as other associated issues in this report. Special Report No.5 – The Reid Case
The Reid case initially involved the Ministry of Transportation and Highways claiming that a narrow cattle
trail constructed on their property was a highway pursuant to

section 4 of the Highway Act. Later the
Approving Officer claimed that this highway was 66' wide by reason of a 1911 Gazette Notice. The 1911 Gazette Notice reads:
Notice is hereby given that all public highways in unorganized districts and all main trunk roads in
organized districts are 66 feet wide, and have a width of 33 feet on each side of the mean straight
centre line of the travelled road (July 7, 1911). The Ombudsman was of the view that the 1911 Gazette Notice was invalid because of a 1920 ruling by
the Supreme Court of BC (Clarke v. Milligan et al., [1920] 1 W.W.R. 1044).

The court said, “The Notice (of
1911) neither purports to make or declare, nor to set forth the nature and extent of the same, and is, I
think, ineffective and unauthorized by the Act.” (Clarke v. Milligan, p. 1046) Further, the Ombudsman was
of the view, “that the Gazette Notice, not having been filed with the Registrar of Regulations as required
by

section 2(1) of the Regulation Act, was now without effect”. The Ministry of Transportation and Highways advised the Ombudsman that in its view, the court decision
was not of a binding nature on them. The Ombudsman recommended that the ministry seek a declaration
from the Supreme Court of British Columbia “for the purpose of determining whether or not the Gazette
Notice of 1911 is valid today” (p. 16). To date the authors of this chapter understand that this has not
been done. In the end, the Ministry of Transportation and Highways decided to expropriate a highway through the
Reid property.

The ministry advised that its altered position “is a result of the Ministry’s inability to
accurately locate the pre-1911 trail on the ground.” Further, the ministry advised that “the Ministry has
not altered its position concerning the applicability and use generally of the Gazette Notice of 1911” (p.
20). The Ombudsman’s view however, was: “It appeared that [in this case] the Ministry had backed off from
its claim to the original right-of-way on the basis of the Gazette Notice of 1911" through the Reid property
(p. 19). The Transportation Act (2004) states that:
Travelled roads becoming highways
42 (1) Subject to subsection (2), if public money is spent on a travelled road that is not a highway,
the travelled road is deemed and declared to be a highway.

Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 27
(2) Subsection (1) does not apply to any road or class of roads, or to any expenditure or class
of expenditures, that is prescribed by the regulations. Similar provisions have been in place in previous Highway Acts since 1905 respecting travelled roads being
deemed public upon the expenditure of public money. This type of road is generally referred to by the
section of the Act in force at the time. Today one might refer to these highways as

section 42 highways. In the mid-1980s, these highways were generally referred to as

Section 4 of the then Highway Act (now s. 42 of the Transportation Act). Special Report No. 10 indicates that in the early 1980s the Ministry of Transportation and Highways
claimed that 38% of the road system in British Columbia was highways pursuant to

section 4 of the Highway Act stated:
4. (1) Where public money has been expended on a travelled road that has not before then been
established by notice in the Gazette or otherwise dedicated to the public use by a plan
deposited in the Land Registry office for the district in which the road is situate, that
travelled road shall be deemed and is declared to be a public highway.

(2) This section does not apply where
(a) The expenditure of public money is confined to expenditure in respect of snow-
ploughing or ice control; or
(b) A travelled road forms part of an existing railway right-of-way and was, at the time
public money was expended on it, owned by the Crown, a Crown corporation or
agency, or formed part of a railway right-of-way. On May 25, 1982, in response to the concerns raised in Special Report No. 10, the Deputy Minister of the
Ministry of Transportation and Highways issued Circular Letter G8/82, which was distributed throughout
the entire provincial government.

Circular Letter G8/82 articulated ministry policy that applied to the
establishment of highway pursuant to sections 2 and 4 of the Highway Act and also to roads shown on
Crown Grants.

Section 2 of the Highway Act stated that all roads, other than private roads, are deemed common and
public highways. Circular Letter G8/82 established that to claim a road as highway pursuant to

section 4 of the Highway
Act the following was required:
• funds were expended on the road,
• the funds were expended in some reasonable distribution over the whole route in dispute,
• the funds were expended lawfully, i.e.

authorized to be expended by some reasonably senior official
(probably at least District Highway Manager),
• the expenditure was with the express or implied consent of the landowners (implied meaning that
at the very least they knew it was going in and did not object),
Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 28
• the present road is indeed exactly the same one, without deviation or revision, on which the funds
were spent,
• the road was travelled by vehicles before the maintenance expenditure, i.e., at least wagons (as
horse riders, driven cattle, etc., are not vehicles), and
• that the travel was by a wider public than just that associated with access to the affected properties,
i.e., a measure (at least) of “through” travel, if the expenditure was after April 5, 1968, it was on
work other than plowing or ice control.

The Ministry of Transportation and Infrastructure keeps a Road Register of highways that it considers
public, and of “other roads” where the status of the road is in doubt. In determining if a road is a highway

section 4 of the Highway Act, the Deputy Minister cautioned: “The former practise of quickly
checking the Road Register is not enough”. Also note that the Deputy Minister advised:
“...both

section 2 and section 4 (of the Highway Act) refer to roads and not trails. While a trail may
have some status by exception in the Crown Grant,

section 2 does not operate to declare it public. A trail maintained by public funds does not become public by

section 4. (If widened, etc., to carry
vehicles, it can then be a

section 4 road. Proofs of expenditure, etc., must then postdate its use by
vehicles).”
There appears to have been a number of legal actions where a landowner has argued that, since a claimed
highway outside of a municipality was not excluded or removed from their title, they still owned the land
beneath the road. The courts appear to have rejected this argument often referring to

Section 23(2)(e) states that an indefeasible title is subject to “a highway or public right
of way, watercourse, right of water or other public easement.” A decision of the Expropriation
Compensation Board in 1997 noted that there are “clouds” on titles by virtue of s. 23, Land Title Act. It
went on to state that: “Where, as in this case [the highway had been established by a published Gazette
Notice], the property is a rural acreage, a survey may be necessary to discover the presence of a highway.”
The authors find this interesting in that the Board thought that a land surveyor should be the one to
discover a Gazette Notice affecting a property, not the conveyancing lawyer.

Since 1985, there have been clarifications on parts of the law regarding establishment of highway

section 4 of the Highway Act. One decision dealt with what constituted “public money.” In
the Province v Hylin Holdings (Appeal Court of BC, No. CA 11628, March 6, 1991), the court stated:
“It is my view that the expression "public money", as used in

Section 4 of the Highway Act, refers
to money expended by departments of the provincial, municipal and other governments for
highway purposes, and does not include money spent by autonomous, or "quasi-autonomous",
Crown corporations such as the Hydro Authority in carrying on their businesses as trading entities,
or public utilities. Such an interpretation is in harmony with the definition of "public money" found
in the Financial Administration Act, S.B.C. 1981, Chapter 15.”
“Public money” could include Federal public money according to Special Report No. 10, (see page 18 of
the report).

Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 29
The acquisition of property on the basis of “water access only” is insufficient to claim that the property
does not have road access where it can be shown that public road access was created historically by one
of the numerous ways (see page 23 of Ombudsman Special Report No. 10). The Ombudsman reports that there were instances where individuals have alleged that the Ministry of
Transportation and Infrastructure has denied that a certain road is a highway because of the expense of
maintaining the road. The Ombudsman points out that:
“Whether a road is publicly or privately owned is purely a question of law”.

The Ombudsman concludes:
“While there are areas of the law which are necessarily complex, because of the subject matter
with which they deal, it is my view that people had a right to expect that determining the
ownership and status of a road will be a relatively straightforward matter. Because of

section 4 of
the Highway Act, this expectation continues to be disappointed.” (p. 31)
Because of the complexity, it is recommended that those who need to consider

section 42 of the Transportation Act become well acquainted with the twists and turns of the
subject matter. And as previously mentioned opinion holds that a highway can only be determined to be
a highway pursuant to

section 42 by an order of a court of law. Professional Reference Manual V3.3 Chapter 15: Public Roads, Highways and Forest Service Roads - 30
Chapter 16 – Global Navigation Satellite Systems
Global Navigation Satellite Systems (GNSS) have been used in surveying for over 30 years. GNSS, or GPS
as it is commonly referred to, is an essential tool in the land surveyor’s toolbox and the purpose of this
chapter is to review the different types of equipment and data sources, discuss error mitigation, and to
provide some guidance on ensuring your GNSS survey conforms to the Survey and Plan Rules.

Part 2 - GNSS Definitions
1) GNSS Systems
Throughout the Cold War, both the American and USSR militaries were working to develop satellite
based positioning systems. In the United States, a variety of systems were developed and tested, with
the modern-day iteration being the Global Positioning System (GPS). Along with TRANSIT, GPS was
one of the first satellite positioning systems that civilians could use and access, and is maintained by
the U.S. Department of Defense. Initially created for military purposes, this technology revolutionized
navigation throughout the world and has had a similar impact on the surveying industry. With the
correct equipment, technology, and methodology, surveyors are able to achieve centimetre level
accuracy, while reducing some of the constraints of conventional surveying, such as line of sight.

While the Americans were working on their satellite positioning systems, the USSR was developing
their own products. The final product is a system called GLONASS and is now managed by the Russian
Federation. The implementation of GLONASS has been delayed over the years due to a variety of
reasons; however a recent increase in spending has finally brought the system up to a full
constellation of satellites. GLONASS and GPS are similar products which offer similar abilities and
accuracies. The difference is in the equipment that uses the systems – GPS achieved a full
constellation of satellites much earlier than GLONASS and as such many receivers were built to only
observe signals from GPS satellites.

In recent years it has become more common for receivers to
utilize both systems, giving the user more versatility and functionality. In addition to GPS and GLONASS, other systems are in the implementation or design stage. The Galileo
system is being developed by the European Union, and as of January, 2013, four Galileo satellites have
been launched. China is also developing a satellite navigation system, called Compass. As of January,
2013 there are 14 Compass satellites in service, with the goal of completing the constellation by 2020. In summary, there are multiple sources of positional information from satellite systems that a land
surveyor’s equipment can receive. Currently most North American equipment takes advantage of GPS
and GLONASS.

Collectively all satellite based positional information sources are referred to as GNSS. 2) Frequencies
The positional satellite systems (GNSS) broadcast signals on several frequencies. For example, the
original legacy GPS signals are the L1 C/A and P Code and the L2 P Code, which are broadcast on two
Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 1
specific frequencies. Beginning with the launch of the Block IIR-M satellites in 2005, new GPS signals
have been introduced. The first new signal was the L2C, which offers increased satellite tracking ability and greater cross-
correlation between signals, enabling a greater resistance to interference and multipath. This means
a user can achieve faster signal acquisition and greater operating range.

It is expected that a full
constellation of 24 satellites will be broadcasting L2C by 2018. 2010 brought a new generation of GPS satellites, the Block IIF, and with those satellites a new signal. This new signal is significant as it is broadcast on a new, third frequency, the L5 band. The L5 frequency
offers many advantages, including a stronger signal than L1 or L2, as well as the ability to achieve
near-instantaneous ambiguity resolution. A full L5 constellation is not expected until at least 2020. 2016 was to see the introduction of Block III satellites (deployment was delayed at time of writing),
which feature another new signal – L1C. The characteristics of the L1C signal are similar to those of
the L2C and L5 signals.

As previously mentioned, other organizations have created satellite positioning systems, including the
Russian Federation’s GLONASS, the European Union’s Galileo, Japan’s Quasi-Zenith and China’s
Compass. Generally speaking, these systems broadcast their signals at different frequencies than GPS,
however the development of the L1C signal should enable interoperability between GPS and Galileo
and Quasi-Zenith. 3) Equipment
There are several components to the equipment used to receive, process, and store data from
positioning satellites. Depending upon the grade, type, and manufacturer, these components could
be bundled into a single physical unit, or each may be separate. a) Antenna
An antenna may be physically separate from the receiver or integrated into the same unit – such
as a hand held.

An external antenna may have many characteristics that can contribute to its
ability to accept signals from satellites. In the case of survey grade antenna, it is important to
understand the location of the ‘Antenna Phase Center’ and its relationship to the point on the
ground of which you are determining the position. b) Receiver
A receiver is the component that accepts the signal from the satellites through an antenna and
computes a geographic position. The receiver may be built into the antenna (internal) or be a
separate piece of equipment (external). In the case of an external unit, the receiver is often
referred to as a ‘controller’. c) Data Storage
Depending on the unit, data storage may be within the unit, or it can be external.

Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 2
d) Point Positioning
When a single receiver obtains a stream of signals through an antenna, the receiver will use
various algorithms to assess the information received, and to determine a position of the
antenna. Depending on a variety of factors, including the number of satellites available, the
geometry of those satellites, the strength of the signals, physical obstructions that may impact
the receipt of the signals, and the quality of the equipment, the receiver will compute a position
of the antenna phase center. The absolute accuracy of the calculated position can range from 2
or 3 metres up to 20 or 30 metres.

It is important to understand that even the most expensive
GNSS receiver has limited abilities and accuracies when computing autonomous positions. It is
through the use of techniques and technology described below that allows a user to achieve
accurate positioning. e) Post Processing
When single or dual frequency data is collected and stored, it can be processed separately, after
the fact, to significantly improve the horizontal and vertical accuracy of the antenna phase center. Data collected at a point over a period of time is commonly referred to as “static data”. f) Baselines
A baseline is the vector between two points where there are simultaneous GNSS observations
with sufficient common satellites and redundancy in the data to allow the vector to be post
processed.

g) Base Station
When GNSS equipment is used in a kinematic mode, a mode where one receiver stays static and
the other is in motion, the receiver that remains in a static position is called the “base receiver”
or “base station”. h) Rover
When GNSS equipment is used in a kinematic mode, the active receiver is known as the “rover”. i) Real-Time Data
The stand alone or point positioning accuracy of a GNSS receiver is typically not sufficient for
survey purposes. However, if the receiver is capable of accepting real-time data and using that
information in the positional solution, the instantaneous or real-time accuracy can be
substantially improved.

In the case of a survey grade dual-frequency receiver, real-time data can be used to increase the
accuracy of the rover position to a centimetre or two in the right conditions. With Real-Time
Kinematic (RTK), data can be broadcast from your own base station or from a service provider
using either radio frequencies or a cellular service. The basic concept of RTK is that a base station
receiver occupies a known point and collects data. The base station continually relays the GNSS
signals it receives to the rover in real-time. The rover then uses both the base observations and
Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 3
the rover observations to compute an accurate position relative to the base. All of this occurs
almost instantaneously.

Real-Time Network (RTN) surveys function in a similar manner as RTK surveys. The difference is
that with RTN there are multiple receivers collecting data on known control points. Computer
algorithms are used to calculate a network solution based on the observations of all the receivers
within the network. This solution is typically broadcast via cellular connection in real-time to the
end user. Using RTN solutions offers a couple of advantages over RTK. One advantage is the user only needs
to possess one receiver. Rather than establishing a local base station, the user relies on the
network to provide real-time data. Another advantage is the solution quality.

RTK data broadcast
over radio waves degrades as the distance from the base station increases, however RTN data
broadcast via a cellular connection does not degrade, as long as the user is within the working
area of the RTN. In the case of low grade or mapping grade receivers, Differential GPS (DGPS) works on a concept
very similar to RTK. In this case pseudorange, rather than carrier phase, corrections are broadcast
by a service provider. DGPS is for large areas that require less accuracy than an RTK system or
RTN and is generally used for mapping purposes. Under the right circumstances the horizontal
positional accuracy of your antenna can be reduced to sub-metre in real time when using a DGPS
service.

j) Relative Accuracy
In the context of GNSS surveys, relative accuracy is the statistical relationship between two or
more points within a survey. k) Absolute Accuracy
In the context of GNSS surveys, absolute accuracy is the statistical relationship of a point with
respect to a defined datum. l) Survey Grade
Survey grade refers to a type of GNSS receiver that is designed to achieve centimetre level results. In the case of a single frequency receiver, the most common use is to establish static baselines
and post process the data. Dual frequency receivers can be used successfully in both static and
kinematic modes. Part 3 - GNSS Receivers
There are a variety of GNSS receivers on the market that may be of use to the land surveyor.

The
capabilities and uses of the receivers are widely varied, depending on the equipment, manufacturer and
methodology. Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 4
1) Mapping Grade
Mapping grade refers to a type of GNSS receiver that typically only observes one frequency (such as
L1), may or may not be able to utilize correction data, and will store entities such as points, lines, or
polygons. This style of receiver is designed specifically for the collection of large volumes of
information that requires less rigorous accuracy than is required for legal surveys. In most
circumstances, the accuracy of the data will be between 0.5 metres (if correction data is used and the
conditions are good) and 5 metres.

Mapping-grade receivers can be useful to a surveyor but due to accuracy constraints their use is
limited. These receivers are often used in support of a GIS or mapping-type software and could be
used for general topographic pickup or approximate layout. There are some high end mapping grade
receivers available now that take advantage of GNSS signals and that are capable of receiving and
processing dual frequency data. These receivers will support more accurate data collection and can
be used successfully in more difficult conditions. 2) Single Frequency
Single frequency ‘survey-grade’ receivers only observe the GPS L1 frequency but have the ability to
achieve centimetre level accuracies. Accuracies of this level are achieved by collecting data over a
period of time (static data) and post-processing the data.

Specific site conditions and availability of
the GPS constellation dictate how long the observation time must be to be able to ‘fix’ a baseline. 1
to 3 hour observation times are not uncommon. Some uses of single frequency receivers include the
derivation of bearings, the creation of a control network, and to georeference a survey. 3) Dual Frequency
With respect to land surveying, dual frequency receivers are likely the most common of the three
types of receivers. These receivers observe both the L1 and L2 GPS frequencies and may have the
capability of observing GLONASS, and the new frequencies as well. Post processing abilities are similar
to those for single frequency receivers but have the ability to achieve comparable results with shorter
observation times.

Static observation times will vary due to a variety of factors and can range from 5
minutes to a couple of hours. In addition to post-processing, the most significant advantage of dual frequency receivers is the ability
for Real-Time Kinematic (RTK) surveying. RTK surveying allows the user to achieve centimetre-level
accuracy instantaneously in real time. While dual frequency receivers offer the greatest versatility,
they also come with the highest price tag. Part 4 - Active Control
Active control points are stations where GNSS data is continuously collected. At each station a dual
frequency receiver is mounted over a control monument. The data that is collected at the control point is
then made available to users for post-processing.

Post-processing enables a user to achieve up to
centimetre-level accuracy for individual points. Post-processing also allows for accurate georeferencing
of the survey. Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 5
There are a variety of active control sources, including the
federal government (Canadian Active Control System - CACS),
the provincial government (British Columbia Active Control
Caution
System - BCACS), and private vendors. Each source has its pros
and cons, with the federal system being the only one that is
A key concept to understand
available free of charge. Like all third party data sources, it is
about GNSS data is that post
important to check the downloaded active control values, such
processing does not necessarily
as coordinates and antenna height.

result in absolute georeferenced
coordinates (UTM coordinates). Part 5 - Uses In Land Surveying
In most cases you must seed
your processing software with
GNSS is a versatile tool that the land surveyor can use to aid in
known (published) coordinates
the completion of a survey. The following are the most common
of at least one point and fix that
uses of GNSS in a legal survey. point so that the location is not
1) Georeferencing adjusted. Alternatively you can
process your data with all points
Georeferencing is the process of relating a local survey to a
‘floating’ and then shift the
recognized datum and can be accomplished using a few
results to the known (published)
different methods.

One should always refer to the current
coordinates of one point. version of the Rules for georeferencing requirements and
Caution
standards. Coordinates contained within an
a) Active Control (Post Processing)
active control data file may not
One common method to georeference a survey is to be the same as the published
process a baseline from an active control point to a coordinates for that point. survey post or control point that is part of the local Always confirm the coordinates
for the Active Control Point. survey. In order to create a baseline, static data needs to
be collected at the local point, creating a window of time Good Practice
where the local GNSS receiver and the receiver at the
active control point are simultaneously collecting data.

Precise ephemeris is detailed
Using the published coordinates of the control point, information about the satellite
accurate coordinates of the local survey post or control orbits and clock corrections. In
post processing it can replace
point can be determined through post-processing. the broadcast ephemeris – the
The accuracy of the post-processed baseline will vary
estimated satellite orbit and
depending on certain factors, including: clock information.

 Whether a single or dual frequency receiver is used Precise ephemeris can be
 If the receiver only observes GPS satellites or if it downloaded in the same manner
observes satellites from other systems as federal active control data,
through the NRCan website, and
 The distance to the active control point
may produce a higher absolute
 Site conditions and number of satellites available
accuracy when post processing.  Observation time
Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 6
Through experience, a user will be able to estimate the amount of data required to achieve a
specified accuracy at a given point.

b) Active Control (Real Time)
Surveyors working within the Greater Vancouver
Regional District or Capital Regional District may
It is considered good practice to
consider using their respective Real Time Active
check to a local known
Control Network (BCACSm). The coordinates for these
georeferenced point such as an
real time networks are provided by the province and ISA monument or Geodetic
are based on provincial active control points. Control Monument (GCM) to
Subscriptions to these services are available through confirm that the RTK results are
the respective Regional Districts. correct. The province seeds their Active Control Point data with
the published MASCOT coordinates so that the real-
time data is referred to a published horizontal and
vertical datum.

c) Private Real Time Networks
Throughout the province there are private Real Time
The use of systems such as the
Networks that you can subscribe to or pay a one-time
GVRD Active Control Network or
fee for use. These systems generally work the same
Private RTNs is appropriate for
way as the BCACSm systems. legal surveys as long as the user
completes the necessary due
diligence and redundancy checks
d) Passive Control Monuments to satisfy themselves that they
are achieving the expected
Surveys within Integrated Survey Areas have been
results and required accuracy. georeferenced since the inception of ISAs through
measurements to nearby integrated control NRCan has published

Surveys outside of ISAs can be “Guidelines for RTK/RTN GNSS
georeferenced in the same manner – through a tie to Surveying in Canada” which
provides an excellent source of
a Geodetic Control Monument (GCM). Official
information for any user of a Real
coordinates of a GCM can be obtained from GeoBC
Time Control Network, public or
through the MASCOT database. Official coordinates of
private. Private RTNs may be
an ISA monument can be obtained from the Surveyor
used for georeferencing
General or through MASCOT. The tie to the GCM can
provided that the network meets
be made using conventional techniques, static
the requirements of the SPR. It is
baselines or RTK ties. up to the surveyor to confirm the
suitability of the RTN.

Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 7
e) Precise Point Positioning
Precise Point Positioning (PPP) is a service provided by Natural Resources Canada (NRCan). In
order to use PPP, the user collects static data at a local point within their survey and submits the
raw data (proprietary formats need to be converted to RINEX before submission) to the PPP
website. The online software ‘processes’ the data using precise satellite clock and orbit data and
derives a more accurate coordinate for the submitted point. This service is free of charge and as
with processing to active control points; the accuracy of the results depends on site conditions,
single or dual frequency receiver, observation time, etc.

Additionally, with PPP the achievable
accuracy increases based on the amount of time that has lapsed between the observations and
the processing. The Natural Resources Canada Website has the specific details on the accuracies
that can be achieve with PPP. f) Redundancy
Regardless of whether you georeference using Active Control, Passive Control, or PPP, consider
including some redundancy or other form of blunder check into your process.

For example, if you are using dual frequency receivers and there is a GCM point within your survey
area, you may want to consider using the published coordinates for the GCM as the basis for your
georeferencing, but also submit any static observation data to the PPP service and check to see
that your results based on the GCM are consistent with the PPP results. Collecting static data and post processing it provides the benefit of using a large volume of data
collected over a period of time and being able to eliminate portions of the data that are not
suitable for processing.

For example, as a satellite approaches the horizon the signal is subject to
atmospheric interference so you may want to eliminate the observation data from the lowest
satellites to improve the accuracy of the positional solution. RTK can be used for both georeferencing and bearing derivation and as always one should refer
to the Rules for the latest standards. With RTK it is imperative that all critical points collected have
redundant observations (check shots). There are a variety of acceptable methods to ensure true
redundancy, two of which are to tie each point from a second, independent base station or to re-
observe each point at a different time of day (preferably a few hours different than the first
observation to ensure a change in satellite geometry).

The use and rationale behind check shots
is further discussed later in the chapter. Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 8
2) Control Points/Network
GNSS is a good means of controlling a conventional survey through the creation of high accuracy
control points. Consider a linear traverse from Point A to Point B. In order to close the traverse, the
surveyor has the option of tying to passive control monuments at either end of the traverse or
traversing back to the starting point and completing the loop. If conditions are favourable, GNSS can
be used to establish accurate control at the beginning
and end of the traverse, eliminating the need to close
the loop or tie to passive control monuments, ideally
saving the surveyor time.

GNSS can also be used to create control networks, which
are often desired on large sites. Control networks are
not a new concept, but through the use of GNSS, the
surveyor may be able to increase the accuracy of the
network while spending less time to do so. For example,
you are starting a new project as shown in Figure 1 and
want to establish a control network for future surveys. To establish a control network using conventional
means, a closed loop traverse would be run around the
site and then likely be adjusted using an adjustment
FIGURE 1: New job site routine. However, if the surveyor has GNSS at their disposal,
either static or real-time observations can be made
at select locations to create control points.

These
control points may be created in pairs or as individual
points and an example of the GNSS control (in red) is
shown in Figure 2. There are a couple of advantages to using GNSS in the
creation of the network. The first is that depending
on the size of the site and depending on ground
conditions, using GNSS may eliminate the need for
conventional traverse. Perhaps enough
measurements can be made from a couple sets of
control points that a full traverse is not required. However, if a traverse is required, GNSS control can
be established to create a network that has a more
uniform accuracy and is therefore a more consistent
product.

This increase in accuracy is due to a
FIGURE 2: Closed traverse
reduction of the propagation of error. controlled with GNSS observations
Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 9
For example, a traverse is run as shown in Figure 2 and is adjusted to balance the misclosure throughout
each of the traverse hubs. This is a perfectly acceptable practice, but it does create points with varying
degrees of accuracy. Two points will need to be held as fixed and due to the propagation of error, the
traverse hubs furthest from the fixed points will have a larger estimated error than those points closer to
the fixed points.

The amount of the error depends on the length of the traverse and the value of the
misclosure. If GNSS is used to control a closed loop traverse, the end result is a series of points with very similar
accuracies. There is a minimal propagation of error and a more consistent degree of accuracy throughout
the project. Good Practice
GNSS work may be best suited to a datum such as NAD83 CSRS using a UTM projection. Conventional
work may be best suited to a local, user-based coordinate system. The key is to understand the datum being used and the effects of using that datum, such as whether
calculations made, or dimensions shown on a plan, are based on grid or ground distances.

GNSS work
and conventional work can be blended on a single project, but care must always be taken to ensure
that the proper transformations have taken place and that the data is correctly represented on the plan. a) Estimating Error
When using GNSS to establish control points or to create a control network, a surveyor should
include redundant measurements so that closures can be computed and network adjustments
made. An analogy would be closing a traverse loop back to the starting points or beginning and
ending a traverse with ties to control monuments. Redundant GNSS measurements enable a
surveyor to calculate the error within a control network and adjust the resulting coordinates if
desired.

Most GNSS processing software includes the ability to perform a network adjustment and
provides error estimates of the adjusted points, and of the resulting bearings between the points. However, these error estimates may be unrealistic as factors such as distance between points and
centering error may not be accounted for. Dr. Charles Ghilani wrote an article in the May 2014 edition of the xyHt Magazine (formerly called
Professional Surveyors) that looks at a method of determining the bearing accuracy between two
points that are part of a network adjustment. The formulas provided by Ghilani are based on the
manufacturer’s stated error, and account for distance between the points and centering error.

Formula 1 is used to calculate the error of a network point over a given distance and Formula 2 is
used to calculate the error of a bearing between two network points that distance apart. Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 10
Formula 1
Where:
i = estimated instrument set up error in millimetres. e.g. 1mm
C = manufacturer’s stated accuracy, constant component in millimetres. e.g. 3mm
d = the distance between the two points in millimetres. e.g. 150,000mm
ppm = manufacturer’s stated accuracy, PPM component e.g. 0.5ppm
= the result expressed in millimetres
𝜎𝜎 *Using the example values, the horizontal error calculated in Formula 1 is 3.3 millimetres.

Formula 2
Where:
= the result from Formula 1, expressed in metres
dσ = the distance between the two points, in metres
*Formula 2 provides a bearing error expressed at 1 sigma (68% confidence). Using the
example values, the bearing has an estimated error of 9” at 68% confidence. Caution
These formulas are useful as they allow a surveyor to estimate the accuracy between two points
within a network, however one must understand that manufacturer’s specifications are going to
be based on best-case conditions, such as maximum observation time, clear sky view, etc. Real
world conditions may differ and produce results that don’t meet manufacturer’s specifications.

Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 11
3) Bearing Derivation
GNSS can be used to derive bearings in cases where the field survey is done completely using GNSS,
or it can be used to derive bearings in surveys where GNSS is used in conjunction with conventional
equipment. Recent changes to the Rules now require that with the exception of explanatory plans,
bearings shown on all types of plans must be grid bearings. a) Derivation Using Single-Frequency Receivers
FIGURE 3: Bearing derivation via direct baseline
As discussed in

Section 3, single-frequency receivers can achieve centimetre level accuracy
through the post-processing of static baselines. The preferred method is to directly measure a
baseline between two points, as shown in Figure 3. In this situation, point A will be considered a
control point and have zero error. When the A-B baseline is post-processed your GNSS software
will provide you with a relative accuracy for the baseline. If, for example the relative baseline accuracy was 0.015 metres and the baseline was 300 metres
long, then the angular accuracy of the baseline is arctan (0.015/300) =10”. Caution
Often post-processing software expresses the relative accuracy as 1 sigma or at a 68%
confidence level, and as such it is important to understand the results provided by the software.

To determine the angular accuracy at a 95% confidence level, use 1.96 times sigma. In the
example, 0.030 (0.015 x 1.96) metres results in an angular accuracy of 21”. An alternative method to derive a bearing is to observe baselines to each point from a third point
and calculate the inverse, as shown in Figure 4. This technique can produce adequate results but
will generally be less accurate than the previous method. The accuracy is less because both point
A and B have some degree of error, rather than just point B in the first method. Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 12
Rule 2-7(2) requires that bearings be
accurate to 1 minute of arc or better at a
95% confidence level.

The Rules do not
require a minimum distance between
points when using GNSS for bearing
derivation, and the onus is on the surveyor
to ensure that the bearing accuracy
requirement is met. FIGURE 4: Bearing derivation via indirect baselines
b) Derivation Using Dual-Frequency Receivers
Bearings may be derived using dual-frequency receivers in the same manner as if single-frequency
receivers were used. Static baselines can be post-processed in order to derive accurate bearings. When compared to single-frequency, dual-frequency receivers provide the ability to achieve
similar results, but with short observation times or in less than ideal conditions. Additionally, dual-frequency receivers may be used in Real-Time Kinematic (RTK) mode to derive
bearings. RTK observations are taken at each point, which produces instantaneous coordinates of
each point.

These coordinates typically have a standard deviation of one to two centimetres and will
likely be a little less accurate than coordinates derived from static baselines. However, RTK offers
significant time savings over static baselines. As well, since RTK coordinates do not require post-
processing, baselines derived in this method have the advantage of being usable immediately (subject
to a subsequent redundancy check). A few key points to remember when using GNSS to derive bearings:
• Bearings on a plan must be grid bearings. • The vector or vectors that are the source of bearing Caution
derivation must be shown on the plan and labelled as
Please remember that this is just
such.

a guide and that it is imperative
• Bearings must be accurate to 1 minute of arc or
to refer to the latest version of
better at 95% confidence. the Survey and Plan Rules for up-
• If the accuracy does not achieve 1 minute of arc at a
to-date GNSS requirements. 95% confidence level, the accuracy achieved must be
stated on the plan. Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 13
4) RTK in Legal Surveys
The distance between the base and the rover impacts the Caution
accuracy of the rover position and can be estimated based
on the ppm specifications published by the manufacturer The manufacturer’s listed
of the equipment.

For example, one manufacturer lists a accuracies are for optimal
horizontal accuracy of 0.008 m plus 1 ppm for an RTK conditions and do not take in to
survey. This means that a user can expect a best-case account real-world conditions. Independent checks on each
accuracy of 0.009 m when 1 km from the base station
critical point are essential when
(0.008 + 0.001). At 10 km from the base station, a user can
RTK is used in legal surveys. expect a best-case accuracy of 0.018 m (0.008 + 0.010). Part 6 - Good Practices
1) Site Conditions
The physical environment will always be one of the largest factors that affect the ability to use GNSS
technology and the results from it.

An example of the best-case field conditions for using GNSS is likely
the open prairie – no hills, trees or buildings to interfere with satellite signals. A worst-case example
could be something like a densely forested area. Surveying in British Columbia can provide both the
best and worst case examples, as well as all kinds of conditions in between. A potential site could
have open fields, large trees, thick bush, mountains, buildings, and much more. Being able to assess
these conditions is critical to understanding when GNSS can be used and achieving the desired results.

The best way to determine whether or not GNSS can be used on a project is to visit the site and, based
on your knowledge and experience, assess what equipment and methodology would be suitable. Personal experience can be supplemented through the use of pre-mission planning. Desktop software
is available to help the surveyor understand the satellite constellations and availability at a given
location at a specified period of time. By gaining an understanding of satellite availability, the surveyor
can anticipate periods of minimal satellite coverage and plan accordingly. Maximizing periods with
high satellite coverage may allow shorter observation times or a higher accuracy to be achieved. Unfortunately, there is not a hard and fast rule for when GNSS can or cannot be used.

Equipment,
techniques, and site conditions are just some of the factors that affect the surveyor’s ability to use
GNSS. There is an art to determining when and where GNSS can be used and the critical aspect to any
sort of planning is understanding the limitations and abilities of the equipment and the personnel
using it. 2) RTK Error Mitigation
It is common for surveyors to use RTK as part of a legal survey. RTK gives the surveyor the ability to
move beyond the constraints of conventional surveying methodology and as a result typically
provides significant time savings. In order to fully take advantage of RTK technology, the surveyor
needs to understand the abilities and limitations of the equipment.

Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 14
Just like a traverse or radial tie, errors can occur in the measurements, and it is important to anticipate
and check for them. Check shots can be considered in a similar mindset as a traverse closure – it is
possible that the errors in the data are minimal, but a land surveyor needs confirmation that his or
her work is correct and to a specified standard. A good way to confirm the accuracy of an RTK measurement is to take a second observation, or check
shot, at the point. There are a couple of different variables that a check shot can identify. The first is
positional changes due to satellite geometry.

The effect of satellite geometry can be easily understood
when considering a conventional resection as an analogy. A resection to 3 points that are close
together angularly is not preferred; for example, measurements to three points that are all roughly
east of the instrument. Observations to points that better utilize a full 360-degree circle are optimal. The same concept applies to GNSS – satellites that are bunched together will produce lower accuracy
than satellites that are evenly spaced throughout the sky. A good rule of thumb for taking RTK check
shots is to allow two hours to pass between the initial measurement and the check shot. The two-
hour time frame allows for the satellite constellation to change and will produce a somewhat
independent check.

A way to achieve a more independent check is to observe the check shot using a different base station
setup. This could be actually utilizing a completely different base station receiver and location, or
simply taking the check on a different day than the original measurement. Taking a check on a
different day will help identify errors in the base station setup, such as antenna height or station
coordinates. Another means of checking an RTK measurement is to observe and then post-process a static baseline
to the point. This method may be more time consuming than a second RTK measurement but is a
good alternative if a second RTK tie is not reasonable.

For example, if a long hike is required to tie a
section corner, it doesn’t make sense to wait a couple of hours for a check shot, but an alternative
may be a static observation post-processed as a check. Finally, a less preferred check shot method is to simply lose initialization and take a second
observation after re-acquiring initialization. This technique does not eliminate satellite geometry or
base station setup, but will identify consistency in the resolution of the ambiguities – basically the
positional solution calculated by the receiver. 3) Other Error Sources
In addition to satellite geometry, there are other potential sources of error in a GNSS survey.

They
include:
• Multipath: A signal from one or more satellites bounces off a reflective surface such as a road
sign or metal siding, causing the receiver to incorrectly determine its position. • PPM: When using an RTK base station, accuracy degrades as distance from the base station
increases. • Topography: The ability to receive an RTK signal may be dependent on the topography in the
area. For example, a large hill between the base station and rover may cause a signal loss. Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 15
• Scale Factor: This is an error created by the user, not by the equipment.

Satellite based
equipment works on a mapping plane and it is important to be aware of the scale factor and
the resulting difference between grid and ground distances. • Atmosphere: As signal travels from a satellite to an antenna, it must pass through the
Ionosphere and Troposphere, and as such these atmospheric elements can create errors in a
calculated position. Ionospheric errors can be mitigated through the use of dual frequency
receivers. Tropospheric errors can occur if there are different weather conditions between the
base station and rover. Users should also be aware of the effects of sun spots and solar flares.

• Systematic Errors: If you are most familiar with conventional equipment, you will have a history
of paying particular attention to the horizontal aspects of measurement and will have been less
concerned with the vertical components. For example, if you inadvertently record the height of
your instrument incorrectly by 5 centimetres, that error will not impact the horizontal distance
between points in any material way when the data is processed. However, if your prism pole
was out of level such that the prism was horizontally offset from the point on the ground by 2
centimetres that would have a direct impact on the measured distance as compared to the true
distance.

When dealing with GNSS data, it is important to be aware that since the satellites are in the sky, the
vertical component of the equipment is critical to the accuracy of the resultant horizontal distance
between points. Consequently, far greater care is required in the assessment of all vertical aspects of
GNSS equipment. When processing GNSS data:
• Ensure that the correct antenna type is being used by the processing software. Inherent in the
antenna type is the location of the antenna phase center relative to other parts of the antenna. Choosing an incorrect antenna type is likely to cause the system to apply the wrong correction
between the antenna phase center and the point on the antenna to where the height above
the ground was measured.

• Confirm that the processing software has identified the correct location where the operator has
measured from the antenna to the point on the ground. • Confirm that the height of the antenna recorded in the field notes agrees with the height
entered into the processing software. These 3 components make up the vertical distance from the survey point to the antenna phase center,
and their accuracy is crucial to the determination of an accurate position for the survey point. The
necessity to ensure that these components are correct also applies to any active control station data
that is used as part of the data processing. Part 7 - Georeferencing Standards
As mentioned earlier, georeferencing is the process of relating a survey to a recognized datum.

Georeferencing takes a survey that establishes the location of property corners relative to other property
corners and enables a user to determine the absolute position of the corners, relating the survey to a
national framework. Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 16
1) Required Accuracy
The Rule requirement for georeferencing accuracy is that all surveys must have an absolute accuracy
0.20 metres or better (Rule 2-1(2)). 2) Determining Absolute Accuracy
As mentioned above, if georeferencing outside an ISA, some of the ways a survey may be
georeferenced are by ties to active or passive control monuments, through the use of RTNs, through
the use of software such as PPP, or by ties to existing georeferenced surveys.

When a land surveyor
needs to determine the absolute accuracy of their ties to control monuments, they must consider two
factors – the error within their measurement and the error of the control monument. Horizontal Positional Accuracy = Measurement Error + Monument Error
3) Control Monument Accuracy
The published accuracy, or error estimate, of control monuments can vary. As mentioned above,
active control points typically have an estimated error of zero, and thus the georeferencing accuracy
will be the accuracy of the measurement to the control point. Most other control monuments have an error estimate for both the northing and easting values. Monument error can be calculated from the published standard deviations of the monument, such
as from the MASCOT data sheet.

In order to determine a single two-dimensional error estimate, the error values must be combined. In statistical analysis, errors should not simply be added together, but squared and summed. Monument Error = square root [(northing error)² + (easting error)²]
4) 95% Confidence
It is important to understand the confidence level to which the standard deviations are stated. Whenever an absolute accuracy is required on a plan, it must be to a 95% confidence level. In order
to determine absolute accuracy correctly, both the monument error and the measurement error must
be expressed at the same confidence level and then summed. Some least square software programs will give error estimates, or standard deviations, to a 95%
confidence level. Others give standard deviations to 1 sigma – 68% confidence level.

It is important
to understand what the software is providing. Measurement error at a 95% confidence can be
manually calculated as well:
Error95 = 1.96 * measurement error (standard deviations)
When using PPP for georeferencing, the report provides a standard deviation in northing, easting and
height, all at a 95% confidence level. 5) Number of Georeferenced Points
According to the Rules, a georeferenced survey plan must have at least two georeferenced points. Two points is the minimum, but in surveying redundancy is encouraged, and it may be beneficial to
Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 17
show multiple georeferenced points. One exception to this rule is Mineral Tenure Act surveys, where
all posts found or set must be georeferenced.

Part 8 - Scale Factors
Surveys that are georeferenced must also list an average combined factor, or a series of combined factors
on the plan. These scale factors can be obtained from a variety of sources such as MASCOT or ISA point
listings, MASCOT Survey Utilities, PPP reports, or one of the many software programs available. The key
to using any of these sources is to understand the data being provided and ensuring it is listed correctly
on the plan. The requirements for plan statements differ depending on whether single or multiple scale
factors are used. The georeferencing rules may change over time and it is important to refer to the most recent version of
the Rules when georeferencing a survey.

Land surveyors must recognize that they are responsible for
ensuring that the standard for positioning has been met and that there is a statement on the plan
expressing what accuracy has been achieved. Part 9 - Height Modernization
In November 2013, the Canadian Geodetic Survey (CGS) of Natural Resources Canada (NRCan) released
the Canadian Geodetic Vertical Datum of 2013 (CGVD2013) which will initially coexist with and eventually
replace the Canadian Geodetic Vertical Datum of 1928 (CGVD28). Three key characteristics define
CGVD2013:
1. CGVD2013 is defined by an equipotential surface modelling the geoid (mean sea level) covering the
entire country, rather than by tide gauge readings at five discrete tide gauges on the Atlantic and
Pacific Coasts. This will ensure elevations are consistent across the country. 2.

CGVD2013 is realized by integrating gravity data rather than adjusting a network of leveling lines. 3. CGVD2013 is accessed using GNSS techniques through the CGG2013 geoid model as opposed to the
network of vertical benchmarks. 1) Provincial Impact
A Height Modernization Working Group has been established in British Columbia which will facilitate
the roll out of the new vertical datum. The working group will focus on:
• Re-adjustment of secondary and tertiary leveling networks in order to determine CGVD2013
values for these networks. • Planning the transition to CGVD2013, including timing, communication to the user community,
and duration of access to CGVD28. • Provide tools or resources needed to meet the specific needs of British Columbia users. The implementation of CGVD2013 will correct for distortions in CGVD28.

The result is a shift in the
value of CGVD28 elevations up to 0.5 m.
Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 18
2) Accessing the New Datum
Currently, elevations referred to CGVD2013 can be Caution
determined two different ways:
Just as it is important to specify
• Ties to Canadian, British Columbia, or private Active
a horizontal datum when
Control stations using GNSS technology. The CCG2013
georeferencing a plan, it is
geoid model will be applied to the ellipsoidal height in
equally important to specify the
order to obtain an orthometric height. vertical datum when showing
• High Precision Networks elevations on a plan.

• Geodetic Control Monuments Note
CGS also has a comprehensive site describing the federal
Information on height
initiatives regarding height modernization at
modernization has been
http://www.nrcan.gc.ca/earth-sciences/geomatics/geodetic-
provided by GeoBC. reference-systems/9054
Part 10 - Horizontal Datums
Within British Columbia there are a variety of horizontal datums to reference your GNSS survey,
depending on the physical location of the survey and the data source. The Rules require that the Surveyor
General specify acceptable datums for georeferencing legal surveys in British Columbia. Surveyor General
specifications can be found in Circular Letter #463A. 1) Federal Datums
If using the Precise Point Positioning software to georeference a survey, surveyors must use either:
1. NAD83(CSRS) 2002.0 if working on Mainland BC
2.

NAD83(CSRS) 1997.0 if working on Vancouver Island
It should be noted that the PPP software defaults to the 2010.0 epoch, which at this time is not
acceptable for georeferencing in BC. Caution
Some CACS stations have published MASCOT coordinates, which allows a user to relate the CACS
data to a provincial datum, however some CACS stations do not have published MASCOT coordinates. As a result, if georeferencing with CACS data, a user may have the option of relating the survey to a
provincial or a federal datum. If provincial coordinates are not available, georeferencing to a federal
datum using CACS Stations is acceptable.

In the same manner as georeferencing with PPP, when
using published federal coordinates for a CACS station, a user must select the NAD83(CSRS) datum
with either the 1997.0 or the 2002.0 epoch, depending on the location of the survey.

Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 19
2) Provincial Datums
When georeferencing a survey by ties to provincial active or passive control points, surveyors must
use one of the following datums:
1.0 NAD83(CSRS) 4.0.0.BC.1 if working on Mainland BC outside of the Greater Vancouver Regional
District (GVRD)
2.0 NAD83(CSRS) 4.0.0.BC.1.MVRD if working within the GVRD
3.0 NAD83(CSRS) 3.0.0.BC.1.NVI if working on Vancouver Island outside of the Capital Regional
District (CRD)
4.0 NAD83(CSRS) 3.0.0.BC.1.CRD if working within the CRD
Data sheets with official coordinates can be obtained for BCACS stations from the GeoBC website. Data sheets for BCACS stations, in addition to passive control points, can also be obtained from the
MASCOT site.

These data sheets will specify which datum the official coordinates are referred to. Part 11 - Reference Material and Learning Opportunities
A land surveyor has many resources at their disposal to help build or supplement their knowledge. This
chapter is just an introduction to the use of GNSS in land surveying and the onus is on each land surveyor
to ensure they have the appropriate level of understanding and expertise in the equipment and
methodologies they employ. The following list offers some potential learning opportunities. 1) Formal Education
Institutes such as BCIT offer online courses on geodetic positioning, and associations such as the
ABCLS or CLS may offer CPD seminars on similar topics.

http://www.bcit.ca/study/programs/8550btech#page3
2) Published Lecture Notes
Educational institutes such as The University of New Brunswick and the University of Calgary may
publish some of their lecture notes. http://www2.unb.ca/gge/Pubs/LectureNotes.html
3) CBEPS Study Guide
The Canadian Board of Examiners for Professional Surveyors publishes Learning Outcomes and Study
Guides for each of their exams. These documents outline the technical knowledge future land
surveyors are expected to have. https://www.cbeps-cceag.ca/learning-outcomes-and-study-guides
Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 20
4) Publications
Magazines such as xyHT Magazine (formerly Professional Surveyors Magazine) or Inside GNSS may
offer opportunities to stay abreast of technological changes and techniques.

http://www.xyht.com/
http://www.insidegnss.com/magazine
http://www.gpsworld.com
5) Government Websites
The GeoBC branch of the provincial government provides a variety of information, standards and
specifications on their website, including the RTK GPS Guidelines document. The Natural Resources
Canada branch of the federal government provides explanations of geodesy concepts such as datums
and reference frames. https://www2.gov.bc.ca/gov/content/data/about-data-management/geobc
http://www.nrcan.gc.ca/earth-sciences/geomatics/10776
Professional Reference Manual Chapter 16: Global Navigation Satellite Systems - 21
Appendix A
Hearsay and Parol Evidence
Two types of verbal evidence are hearsay and parol. Hearsay Evidence
Hearsay evidence is defined as: “A term applied to that species of testimony given by a witness who
relates, not what he knows personally, but what others have told him, or what he has heard said by
others.”
https://thelawdictionary.org/hearsay/
Hearsay evidence is generally considered inadmissible.

In Anticknap v. Scott, 1913, the Appeal Court
judge said that the land surveyor’s survey evidence is “hearsay” because both surveys were
performed by articled students. Parol Evidence
Parol evidence is defined as: “Parol refers to verbal expressions or words. Verbal evidence, such as
the testimony of a witness at trial.”
https://legal-dictionary.thefreedictionary.com/Parol+Evidence
Parol evidence is information about which a person has personal knowledge. Applied to land surveying, sections 8, 9 and 10 of the Land Survey Act permit a land surveyor to
examine a person and take evidence for the purposes of ascertaining the location of an original corner
or boundary line. Any evidence provided to the land surveyor must be reduced to writing, read over
to that person and be signed by that person.

To the land surveyor, this is called parol evidence. If the boundary is adjudicated in court, the declarant if still alive, not the land surveyor, will be asked
in court to provide that evidence. Weight of Parol Evidence
In the hierarchy of evidence, parol evidence is generally given the least amount of weight. Example
A sample affidavit form can be found below. Professional Reference Manual Appendix A - 1
Sample affidavit form
DOMINION OF CANADA: ) IN THE MATTER OF the South East corner of the
) District Lot ABC, (Land) District, being the North
Province of British Columbia. ) East corner of (name) Indian Reserve No. 1, pursuant
) to

section 8 of the Land Survey Act and Section 63 of
To Wit: ) the Canada Lands Surveys Act. I, (name)
of (address)
in the Province of British Columbia, do solemnly declare that
1. I am the (owner of, or son or daughter of the owner) of (give legal description of land) District
Lot ABC, (Land) District,
2. (Include historical relationship to land, such as) I have lived on this parcel for __ years,
3. I remember seeing the original South East corner post of District Lot ABC and recall its location,
and
4.

On Thursday (insert date), I identified on the ground in the presence of (your name), British
Columbia Land Surveyor and Canada Lands Surveyor, the place where I remember the South East
corner post of District Lot ABC to have been. And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the
same force and effect as if made under oath and by virtue of the "Canada Evidence Act." Declared before me at the District of (Land District) Province of British Columbia, this (date) day of (month
and year).

Canada Lands Surveyor
Professional Reference Manual Appendix A - 2
Appendix B
Survey Standards for Legal Surveys on First Nation Treaty Settlement Lands
(see PRM page 7-15)
Background
Historically all legal surveys within the geographic boundaries of British Columbia have been conducted
on land under provincial jurisdiction or on land under federal jurisdiction. Surveys on provincial and
federal lands have been carefully and extensively guided by statute, regulation, and on provincial lands,
since 2004, by the Association of British Columbia Land Surveyors’ General Survey Instruction Rules (GSIR),
now the Survey and Plan Rules. (Prior to the Association taking responsibility for the Rules, requirements
for surveys and plans were maintained by the Province in the form of Regulations known as the Surveyor
General Instructions since at least 1914.)

The landscape changed in 1999 when the Nisga’a Final Agreement Act came into effect. The landscape
continues to be altered with the coming into effect of additional First Nation Treaty Settlements for
several reasons including the ability of all Treaty First Nations thus far to establish their own land registry
system or to use the provincial land title system, or both. In addition to the Nisga’a Final Agreement Act other First Nation Treaty Settlements now in effect are the
Tsawwassen First Nation Final Agreement Act, the Maa-Nulth First Nation Final Agreement Act and the
Tla’amin First Nation Final Agreement Act. The Tsawwassen First Nation Final Agreement Act required that all parcels of Treaty Settlement Land (TSL)
be registered in the Provincial land title system.

However, in all other settlement statutes this has not
been a requirement, the Treaty First Nation may register land in the land title office only if it wishes to. A
Treaty First Nation may establish its own land registry. To date the Nisga’a Lisim government has opted
to create their own land registry whereas the Maa-Nulth and Tla’amin First Nations have opted to use the
Provincial land title system to registered titles for some of their lands. Once in Treaty, a First Nation’s laws come into effect and thus far all First Nations have placed a
requirement in their respective Land Act or Land Title Act that only a BC land surveyor can conduct surveys
for filing in the First Nation’s land registry.

section 55), First Nation law appears to be silent on survey standards, other than to require that surveys
be conducted in accordance with instructions issued by their respective land managers. (Obviously a survey plan prepared for registration or filing in the Provincial Land Title Office would have
to be prepared in accordance with the Survey and Plan Rules and the appropriate Director’s
Requirements.) Surveys of parts of Treaty Settlement Lands will be required for a number of purposes including creating
new parcels, defining utility corridors for right of way tenure and defining areas of parcels that will be
subject to other types of charges or interests.

Whereas it is certainly possible that some survey plans will
Professional Reference Manual Appendix B - 1
be deposited into the Provincial Land Title Office, it is also likely that others will be filed in a First Nation’s
Land Title Office. Land surveyors offer Treaty First Nations expertise in survey methodology, boundary location, corner
monumentation, and survey plan preparation. As each Treaty First Nation needs to create its own laws with regard to land usage and definition it is
possible that a First Nation could omit the requirement that only a land surveyor conduct surveys and
prepare plans for filing in their land title office. Accordingly, it is important that land surveyors continue
to consistently practice to a high standard on Treaty Settlement Lands.

This will allow Treaty First Nations
to rely on the quality and utility of surveys and survey plans prepared by land surveyors. When requested to conduct a survey on Treaty Settlement Lands, the land surveyor must become familiar
with the specific Treaty Settlement Law that would be apply to that survey. Land surveys should be
conducted according to standard legal survey principles and the Rules at a minimum. Land surveyors are
reminded that specific requirements could vary from the LTSA requirements. For example, the FN may
require a plan to show more as-built features than are currently permitted on a Land Title Act plan.

The Surveyor General of British Columbia and the Practice Advisory Manager of the Association of BC Land
Surveyors are of the view that it is in the public interest, in the interest of the Treaty First Nations, its
members and in the interests of third parties that standards for the survey of portions of TSLs and related
plan preparation be maintained to standards equal to that in the rest of the province. Professional Reference Manual Appendix B - 2

Section 75, Land Surveyors Act, (RSBC 1996) Chapter 248
Version: 1.10|March 1, 2024
Version # Date (YYYY-MM-DD) Rule Change # Modification
1.1 2018-11-15 N/A Initial version
1.2 2019-11-14 2019-01 Change rule I-1
1.3 2021-07-15 2020-01 Change rule 3-13
2020-02 Change rule 3-8(5)
2020-03 Change rule 7-7(2)(g)
2020-04 Changes rules 7-4(2), 7-5(3)
2020-05 Change rule 1-10(2)
2020-06 Changes rule I-1
2020-07 Change rules 4-10(2)(r), 10-(7)(7)
2020-08 Change rule 3-14(1)
2020-09 New rule 3-6(2)
1.4 2022-01-15 2021-05 Change rule 4-5(14)
2021-08 Remove rules 6-17, 6-18, 6-19, 6-20
2021-09 Change rule 4-7(2)
2021-10 Change rule 7-14
1.5 2022-07-15 2021-02 New rule 2-8(6), Change rules 2-8(2), 5-4(1)(d), 5-5(1), 6-
10(1), 6-10(1)(b)
2021-11 Change rules 4-10(2)(r ), (s), (t)
2022-01 Change rule 7-15, New rule 7-15(2)
2022-03 Change rule 3-9(10)
1.6 2023-01-15 2021-03 Change rules 2-2, 3-11
2021-04 Change rule 6-2(2), New rule 8-7(6)
2021-07 Change rule 8-8(2)
2022-06 Change rules 4-5(4), (5)
2022-07 Change rule I-1
2022-08 Change rule 4-5(21)
1.7 2023-07-01 2022-09 Change rule 7-8(1)
2022-11 Change rule 3-1(4)
2023-01 Change rule 2-3(1)
1.8 2023-08-01 2022-12 Change rules I-1, 1-1, 1-9, 1-10, 1-11, 1-12, 1-13, 1-14, 3-
14, 10-4(4)
2023-02 Change rules 4-5(10), 4-5(11)
2023-03 Change rule 4-7(5)
2023-04 Change rule 4-5(6)
1.9 2024-01-01 2023-05 Change rules 3-13, 4-4(7)
2023-06 Change rules 3-7(5), 3-12(8), 3-12(9)
2023-08 Change rules I-2(5), I-2(8)
1.10 2024-03-01 2023-09 Change rules 4-5(24), 7-11(6)
INTRODUCTION
The Rules in this document complement requirements contained in the Director of Land Titles Electronic Land
Title Plan Requirements, Surveyor General requirements, expressed through Circular Letters and Bulletins, as
well as requirements contained in statutes and associated regulations.

I-1 Definitions
“absolute accuracy” means the horizontal accuracy of coordinates for a point with respect to the datum
required by the Surveyor General at a 95% confidence level and is the degree of conformity of a measured
or calculated position to its true (actual) position. "active control point" means a GNSS base station that forms part of either the B.C. Active Control System or
the Canadian Active Control System. "Association" means the Association of British Columbia Land Surveyors, as defined in the Land Surveyors
Act. "average combined factor" means the arithmetic product of the average elevation scale factor and the
average UTM point scale factor for the extent of the area that is being surveyed.

"British Columbia Geo-Spatial Reference" means the horizontal and vertical datums, specified by the
Surveyor General for use in legal surveys. "combined factor" means the arithmetic product of the elevation scale factor and the UTM point scale
factor for a given point. "control monument" means a coordinate control monument as defined in

Section 11 of the Land Survey
Act. “covenant” means a covenant under

Section 219 or a restrictive covenant under section 221 of the Land
Title Act. "Director" means the Director of Land Titles appointed under

Section 9 of the Land Title Act and a Registrar
instructed under

Section 10 of the Land Title Act to perform the duties and exercise the powers of the
Director. "disturbed" means, with respect to a monument, moved from its original position. "electronic plan" means a survey plan, prepared and certified for submission to the Land Title and Survey
Authority of BC in the form prescribed by the Director or the Surveyor General, as applicable. "elevation scale factor" means the radius of the earth, as defined by the datum specified by the Surveyor
General for use in legal surveys, divided by the sum of the radius of the earth and an appropriate
ellipsoidal elevation. "forest service road" means a forest service road as defined in

Section 1 of the Forest Act. "geodetic control monument" means a control monument approved by the Surveyor General and officially
published on the MASCOT geodetic control database or any other geodetic control monument that has
been so approved. "to georeference" means the determination of the horizontal coordinates for a point with respect to the
adopted British Columbia Geo-Spatial Reference. "GNSS" means the Global Navigation Satellite System and refers collectively to the worldwide civil
positioning, navigation, and timing capabilities available from one or more satellite systems, such as the
United States’ Global Positioning System (GPS), the Russian Federation’s GLONASS and the European
Union’s Galileo systems. "grid bearings" means full circle bearings referred to the central meridian of the UTM zone to which the
survey is referenced.

"hardcopy plan" means a survey plan prepared and certified on mylar for submission to the Land Title and
Survey Authority of BC (see Rule I-4). “highway” means a highway as defined in

Section 1 of the Transportation Act. "intended plot size" means the intended physical plan dimensions, including margins outside the border,
when reproduced in hard copy form without enlargement or reduction. "land surveyor" means a practising land surveyor under the Land Surveyors Act. "legal survey" means a survey that establishes or re-establishes boundaries to be shown on a plan tendered
for deposit into the land title register or filing into the Crown land registry. "LTSA" means the Land Title and Survey Authority of BC. "lost" means, with respect to a monument, that the position of the monument must be re-established, and
can be re-established only by measurements from some other monument or monuments to which the lost
monument was previously connected by survey.

"NAD83(CSRS) [Version]" means North American Datum 1983 (Canadian Spatial Reference System) and is
the adopted version of the provincial horizontal datum specific to a particular region of the province [eg. 4.0.0.BC.1.GVRD or 2002.0], as specified by the Surveyor General. "obliterated" means, with respect to a monument, that the monument is no longer observable but can be
restored with confidence from traces remaining on the ground of the original monument or from other
physical evidence of the position of the original monument. "original monument" has the same meaning as in

Section 11 of the Land Survey Act. “parcel” means an area of land for which a certificate of title is held, an area of land subject to a lease

section 99(1)(k) of the Land Title Act and an area of land defined under the Land Act. “partial survey” means a survey that is completed in part by a field survey and in part by using the records
from an existing survey plan or field notes. "passive control point" means a geodetic control monument not used as an active control point. "PDF" means the Adobe Portable Document Format standard. "plan image" means an electronic file prepared by a land surveyor containing a graphical representation of
the details of a survey. "post" means a post described in Rules 1-2 to 1-7. “primary parcel” means the first parcel created, which generally is a district lot or section. "public road" means a public road as defined in

Section 1 of the Land Act. “re-establish” means, with respect to a monument, to determine the position of a lost or disturbed monument. "Real Time Network (RTN)" means a network of active control point stations continuously tracking
satellites; the stations relay signals to a central server, which manages and delivers real time correction
data to subscribers. "reference marker" means a reference marker described in Rule 1-13. “Registrar” means a Registrar appointed under

Section 9 of the Land Title Act and includes a deputy
registrar or acting registrar. “relative accuracy” means the horizontal accuracy between any two points on the survey where those
points define or control the position of a boundary included as part of the survey and is the degree of
conformity of a measured or calculated position of a point relative to other points. “restore” means to refurbish an obliterated monument to its original or near original condition. It includes
straightening the monument, and replacing the original monument with a similar monument. “rule” means a rule contained within this document.

"surveyed boundary" means a boundary, of any parcel or interest area established or defined by a legal
survey and whose endpoints have been marked by survey monuments or witness posts, whether the
boundary has been physically run or not. For clarity, a quarter section line that is monumented at the
quarter points on either side of the section is considered to be a surveyed boundary, even if the center of
the section has not been monumented. "theoretical division" means the division of a primary parcel into quarters, legal subdivisions or other
aliquot parts, where the dividing boundaries are unsurveyed boundaries and where no registered titles to
the divisions exist.

“unsurveyed boundary” means a boundary, of any parcel or interest area, whose endpoints have not been
marked by survey monuments or witness posts. "UTM" means Universal Transverse Mercator. I-2 Duties of a British Columbia land surveyor
A land surveyor must:
(1) Provide direct supervision for all surveys and the appropriate level of on-site supervision. (2) Ensure that the spirit and intent of all acts pertaining to land surveying and any regulations made
under those acts are reflected in the survey. (3) Approach their work with a judicial mind and be bound by their oath, Association Bylaws and the Code
of Ethics to carry out their duties with impartiality. (4) Assess all relevant documentary evidence for the land under survey and for adjoining lands.

(5) Ensure that a legal survey they perform, including the plans associated with it that they prepare,
conforms to these rules. (6) Except in the case of an explanatory plan, carry out a thorough field investigation for the best available
evidence of all boundaries and corners of the land under survey and give appropriate consideration to
that evidence in accordance with common law and statute law. (7) Prepare a legal survey plan so that it can stand on its own without the need to obtain evidence from
other sources. (8) Certify the correctness of the survey and plan by personally affixing their signature into the
electronic plan. I-3 Exemptions to these rules
(1) The Association may grant an exemption to these rules in the manner prescribed by policy.

(2) The Surveyor General may issue instructions that differ from these rules, where:
a) Land is being surveyed for First Nation treaty related purposes;
b) Crown land is being surveyed under the Land Act for land exchange purposes;
c) Private land is being surveyed by the Province for the purpose of acquiring the land for park use,
wildlife management, or purposes related to environmental conservation and protection; or
d) In special circumstances that require the special expertise offered through the Surveyor General’s
office. I-4 Interpretation of plan requirements for hardcopy plans
The General Survey Instruction Rules version 3.11, dated July 15, 2016 shall apply to all hardcopy plans,
where either the Surveyor General or the Registrar has granted the land surveyor permission to provide a
hardcopy plan.

PART 1 — PERMANENT SURVEY MONUMENTS, ANCILLARY MONUMENTATION AND
BOUNDARY MARKING
Division 1: Monuments
1-1 Permanent survey monument
Subject to these rules, a permanent survey monument must consist of a standard post of a
type referred to in Rules 1-2 to 1-7, together, where practicable, with a reference marker of a
type referred to in Rule 1-13 and, where required, bearing trees and/or a stone mound. 1-2 Type 1 post
(1) A type 1 post, to be known as the standard concrete post, must consist of a type 2 or type
4 post set in the centre of and flush with the top of a concrete base.

(2) The concrete must be poured directly into a shaped hole, with the base wider than the
top, using a form for not less than the top 20 cm. The concrete must be 75 cm deep and
the top must not be less than 30 cm along any side. A concrete cylinder that is not less
than 75 cm deep and 30 cm in diameter may be used in place of a shaped hole. (3) Not more than 15 cm of the standard concrete post may project above ground level.

1-3 Type 2 post
(1) A type 2 post, to be known as the standard rock post, must consist of a bronze post cap
that is approximately 7.5 cm in diameter and is cast as a single unit with a shank that is
approximately 6.5 cm long. (2) A rock post must be securely set into a hole that is drilled in rock or concrete to the full
depth of the shank. 1-4 Type 3 post
(1) A type 3 post, to be known as the lead plug, must consist of lead firmly set into and flush
with the top of a hole that is drilled in rock or concrete. The hole must have a minimum
diameter of 12mm and a minimum depth of 30mm.

(2) The top of the lead plug must be either round or square and have a minimum diameter or
face of 20mm if practicable. A copper or brass tack or screw, must be set in the top of the
lead plug to indicate its precise position. (3) When a magnet is placed in the hole that is drilled for the lead plug, the plan must include a
notation such as “LP with Magnet”.

1-5 Type 4 post
(1) A type 4 post, to be known as the standard capped post, must consist of a bronze post
cap that is approximately 7.5 cm in diameter fitted on a pointed length of steel reinforcing
bar that is not less than 15 mm in diameter and not less than 75 cm in length. (2) In loose ground where the land surveyor considers that additional stability is required, a
steel anchor plate must be fitted to the post near the bottom of the steel bar and the post
must be dug into the ground.

1-6 Type 5 post
(1) A type 5 post, to be known as the standard iron post, must consist of a galvanized square
iron bar that is not less than 1.2 cm across any face nor less than 75 cm long and that has,
before galvanizing, been marked near the top with the initials "BCLS". (2) A standard iron post must be driven firmly into the ground with not more than 5 cm
protruding above ground level.

1-7 Alternate type 5 post
(1) An alternate type 5 post, to be known as the short iron post, must consist of a standard
iron post, cut to not less than 10 cm long, set in a hole drilled in concrete or rock and,
where required, secured with lead, grout or other equivalent compound. (2) The drill hole referred to in Rule 1-7(1) must be at least 7 cm deep and the post must not
extend more than 5 cm above ground level.

Division 2: Orientation and Marking of Types 1, 2 and 4 Posts
1-8 Post orientation, centering and marking
(1) Posts of types 1, 2 or 4 must be set with the crown on the cap facing north, and with the
centre of the cap, as nearly as possible, at its precise position. (2) The precise position of the corner or witness location must be marked by a small hole that
is punched or drilled in the cap. (3) The land surveyor must indicate diagrammatically on the cap the directions of the
boundary lines, and the designations of the district lots, sections, Land Act blocks or
quarter sections adjoining the corner, together with the year in which the post was set
and the land surveyor's commission number.

(4) Parcel designations under the Land Title Act, other than for roads, railways or rights-of-
way, must not be indicated on the cap. (5) If a post is set as a witness post, the post cap must be marked in accordance with Rule 1-
8(3) and with the letters "WT" and the distance and direction to the corner witnessed. (6) Posts of type 1, 2 or 4 must contain the words “BRITISH COLUMBIA LEGAL SURVEY”. Division 3: Ancillary Monumentation, Boundary Line Marking and Reference Markers
Ancillary Monumentation
Ancillary Monumentation is created and recorded in a manner that allows the location of a post to be re-
established if the post has been lost or disturbed.

1-9 Bearing tree
(1) A bearing tree must be made and recorded in the field as follows:
(a) each bearing tree must be blazed and carved with the letters "BT" and the distance
to the post, which must be measured from the blaze to a point 1 m vertically above
the post;
(b) the bearing and distance from the post to the blaze, along with the diameter and
species of the tree must be recorded. (2) Where bearing trees are found or made, the plan must show the bearing and distance
from the post to the blaze, along with the diameter and species of the tree. It must be
noted on the plan whether the bearings are magnetic or on the same origin as the
survey.

1-10 Stone mound
A stone mound is made by surrounding the post with a substantial circle of rocks: where a
stone mound is found or built this must be recorded and shown on the plan as a stone mound. Boundary Line Marking
Boundary line marking provides an indication of the location of the boundary between survey posts. Boundary
line marking can assist in the re-establishment of boundaries if survey posts have been lost or disturbed.

1-11 Boundary Marker
An aluminum plate bolted to a galvanized angle iron may be set along boundary lines as
follows:
(1) The aluminum plate must be approximately 10 cm by 20 cm and be marked with
“Boundary Marker”;
(2) The galvanized angle iron must be a minimum of 1 metre in length driven securely into
the ground and be heavily flagged;
(3) The boundary marker must be placed using methods that will ensure that the marker will
be within 20 cm of the true boundary line; and
(4) The location of each boundary marker is to be shown on the survey plan with its
corresponding distance along the boundary to the nearest 20 cm.

1-12 Boundary Blazing
(1) Trees within 2 metres of the boundary must be blazed with 2 readily distinguishable
marks, which quarter toward the boundary or if on the boundary line be blazed with 3
notches on each side of the tree in the direction of the boundary;
(2) The size and type of all boundary line trees and their distance from the last post to the
centre of the tree, to the nearest 20cm, must be shown on the plan. Reference Marker
Reference markers assist in finding and protecting survey posts but cannot be used to re-establish the location
of a post that has been lost or disturbed.

1-13 Reference marker
(1) A triangular wood reference marker or a metal reference marker must, where
practicable, accompany every post set on a survey and each post found on a survey that
forms part of the boundary of that survey. (2) Where a reference marker is set to mark a post that witnesses a true corner, it must be
marked with "WT" and the distance from the post to the true corner.

(3) Triangular wood reference markers must comply with the following:
(a) measure not less than 8 cm on one face and 5 cm on each of the other faces;
(b) if milled, be chamfered at the top and painted white;
(c) if hand hewn, be pointed at the top to shed water;
(d) if referencing a post of type 1, 2 or 4, be at least 1 m high where the post marks a
district lot corner, Land Act block corner, section corner, centre post or a quarter post
and, in every other case, be at least 30 cm high, with all markers marked with "MON"
on the side facing the post;
(e) if referencing a post of type 3 or 5, be at least 30 cm high, and be marked with LP or
IP, as applicable, on the side facing the post and with adjacent parcel designations
carved or painted on appropriate faces.

(4) A metal reference marker must consist of an aluminum plate approximately 10 cm by 20
cm, marked "Legal Survey Post - Do Not Disturb" or similar, bolted to a galvanized angle
iron which, if referencing a post of type 1, 2 or 4 at a district lot corner, Land Act block
corner, section corner, centre post or quarter post, must stand not less than 1 m high
and, in every other case, must stand not less than 30 cm high. 1-14 Tripod
A substantial tripod consisting of 3 uprights and 3 cross braces. PART 2 — GENERAL SURVEY REQUIREMENTS
Part 2 of these Rules must be adhered to for all legal surveys.

Additional survey requirements are included in
Parts 4 to 10, inclusive and must be adhered to for legal surveys under those Parts. 2-1 Relative and Absolute Survey Accuracy Standards
(1) The minimum relative accuracy for surveys conducted by a land surveyor, including ties to
control monuments and points used for bearing derivations, must be ± 0.02 metres plus
80 parts per million (ppm) at a 95% confidence level. (2) The absolute accuracy of all georeferenced points within the survey must be 0.20 metres
or better at a 95% confidence level. The method of deriving the absolute accuracy for the
georeferenced points must be rigorous and verifiable. 2-2 Georeferencing
(1) All surveys must have at least two points georeferenced, referred to a framework (datum) required by

(2) For surveys greater than three kilometres in length georeferenced points must be spaced along the
length of the survey in such a manner that a uniform distribution of points is approximately achieved,
with the distance between points no greater than three kilometers. 2-3 Integrated Survey Areas
(1) Surveys within, or partially within, integrated survey areas must be tied to two control
monuments. (2) If a coordinate control monument is damaged or destroyed, the land surveyor must
promptly report the matter in the manner required by the Surveyor General. 2-4 Measuring systems
(1) Measuring equipment must be kept in proper adjustment and standardized to ensure the
equipment is operating to the manufacturer's specifications.

(2) The land surveyor must keep standardization records for their survey equipment and
systems and be prepared to verify the accuracy of the measuring systems used for any
survey project. (3) If the measuring equipment is unsuited to a standardization process, the land surveyor
must employ and document regular quality assurance methodology. 2-5 Conduct of surveys
Surveys must be conducted using methods and sufficient redundant measurements that result
in the minimum survey accuracy standards identified in Rule 2-1 being achieved or exceeded. 2-6 Survey measurements and adjustments
(1) A land surveyor must directly assess and manage the method in which the survey
measurements are conducted, processed and adjusted.

(2) Survey measurement blunders must be detected and eliminated and all known systematic
errors must be identified and corrected before adjustment. (3) Survey measurements must be adjusted to distribute random errors. 2-7 Bearings
(1) Bearings shall be grid bearings referred to the central meridian of the UTM zone to which
the survey is referenced. (2) The bearing derivation must be accurate to 1 minute of arc or better at a 95% confidence
level. (3) Grid bearings may be derived from an adjacent survey, where that adjacent survey
conforms to Rule 2-7(1) and (2).

(4) Where a linear survey extends more than one kilometre from the bearing derivation
vector, additional bearing derivation vectors or other checks are required along the length
of the survey to confirm the possible rotation of bearings does not exceed fifteen (15)
seconds of arc for every kilometre of the extent of the survey. 2-8 Re-establishing boundaries
(1) The land surveyor must retrace the boundaries of the parcel, within which they are
surveying, to determine the actual position of the parcels being created with respect to
those boundaries. (2) Subject to Rule 2-8(6), where the survey being conducted intersects a surveyed boundary,
evidence at both ends of that boundary must be tied.

Where evidence at both ends of the
boundary cannot be located, sufficient additional evidence must be tied to re-establish that
boundary. (3) Where the survey being conducted intersects an unsurveyed boundary, sufficient
evidence must be tied to re-establish that boundary. (4) If evidence of the boundaries has been lost, all evidence adjacent to the survey must be
tied and considered in the determination of boundaries. (5) The position of all boundaries must be re-established in accordance with common law,
the hierarchy of evidence, the Land Survey Act, other appropriate land surveying statutes
and the Survey and Plan Rules.

(6) Where the survey being conducted intersects a district lot, section or quarter section
boundary that no longer forms a parcel boundary due to subdivisions, the intersected
boundary does not need to be re-established. 2-9 Natural boundaries
(1) The position of natural boundaries may be determined by any survey method that yields
an accuracy of 0.5 metres or better. (2) All natural boundaries must be tied, in accordance with Rule 2-9(1), where a boundary
being surveyed crosses or adjoins that natural boundary. (3) Ties to the natural boundary must be made at intervals sufficiently close to permit the
accurate representation of the natural boundary on the plan image and the computation
of areas to the required standard.

(1) Posts of type 1, 2, 3, 4 or 5 must be set at all corners under survey except as noted below
where specific posting requirements must be met:
(a) Posts of type 1, 2 or 4 must be set at all corners of a district lot, section, centre post or
quarter post, where the corner is being set for the first time. (b) Posts of type 1, 2 or 4 must be set at all corners of a district lot, section, centre post
or quarter post that is tied to in the course of a survey and is not found to be
monumented with a type 1, 2 or 4 post.

An old style Dominion iron post does not
need to be replaced with a monument of type 1, 2 or 4. (c) If it is impossible to place a post at the true corner, or a post set on the true corner is
likely to be destroyed and a more durable definition of the corner would result, one
witness post of the type which would be required at the true corner must be planted
at the nearest suitable location, preferably on a boundary of the parcel or

(d) If a witness post cannot be placed within 20 m of the true corner, posts of the type
from the witnessed corner and, in this case, the posts set are line posts and must not
be marked as witness posts. (e) Posts set on a boundary a short distance above and referencing the natural boundary

(2) If evidence of an original district lot corner, section corner, centre post or quarter post is
not found, the position of the original post must be re-established from other evidence in
accordance with the Land Survey Act and posted with a post of type 1, 2 or 4. (3) If an angle or corner of a parcel under survey is marked by a wooden post that was set
during an earlier survey, that post must be replaced or witnessed with a post of type 1, 2,
3, 4 or 5. (4) If a district lot corner, section corner, centre post or quarter post is situated within a road,
it must be witnessed by a post of type 1, 2 or 4 set in a suitable position.

(5) If a theoretical division is not shown on the official plan, the theoretical division must not
be posted. The Surveyor General may be contacted when a land surveyor is working
within a theoretical division of a township or district lot to determine if it is necessary to
retain the section, quarter section or legal subdivision survey fabric. (6) If a new parcel boundary exceeds 1200 m in length, posts, of the same type as set at the
corners of the parcel, must be set on the boundary line at intervals not exceeding 800 m
and preferably as near as possible to being evenly spaced along the boundary.

2-11 Posting Intersections with rights of way, easements and covenants
(1) If a new parcel under survey, other than an air space parcel intersects a surveyed right of
way, easement or covenant area that:
(a) exceeds 6.5 m in width; and
(b) is registered as a charge on the parcel under survey or if there is a reasonable
expectation of a charge being placed on the title of the new parcel under survey,
posting of the points of intersection with the right of way, easement or covenant is
required. (2) The intersections of boundaries of the parcel under survey with boundaries of surveyed
rights of way must be posted in the same manner (one boundary or both boundaries) as
the intersected right-of-way is posted.

2-12 References to corner posts
At least 3 bearing trees, where available, are required for any new type 1, 2 or 4 posts where
that parcel is greater than 4 hectares, except where the land surveyor can demonstrate that
the making of bearing trees would be environmentally or aesthetically unacceptable. PART 3 — GENERAL PLAN REQUIREMENTS
Part 3 of these Rules must be adhered to for all legal surveys. Additional plan requirements are included in
Parts 4 to 10, inclusive and must be adhered to for legal surveys under those Parts. 3-1 Plan image and plot size
(1) Plan images must be in the form, contain the information and be completed in the manner
established by the Director or Surveyor General.

(2) The intended plot size of all plans must be:
A size – 216 mm by 280 mm
B size – 280 mm by 432 mm
C size – 432 mm by 560 mm
D size – 560 mm by 864 mm
E size – 864 mm by 1120 mm
(3) Where the intended plot size does not fit the standards set in Rule 3-1(2), the intended plot
size must not exceed 4 metres in length and 0.75 metres in width. (4) Multi-sheet plan images are permissible if their usage increases the clarity or readability of
the plan, and shall be subject to Rule 3-1(2).

All sheets shall be the same size and
orientation (all landscape or all portrait), however it is permissible to use variable sheet
sizes or orientation if doing so increases the clarity or readability of the plan. 3-2 Plan basics
(1) All information must be depicted in black on a white background and all words and numbers
must be in print font (stylized or ornate fonts are not acceptable). (2) Lettering on plan images must not be less than 2.0 mm in height at the intended plot size. (3) The plan image must have a border of solid straight lines with a margin not to exceed 2
centimetres from the edge of the image at the intended plot size.

(4) The top of the plan image must, if practical, be north and lettering must be so arranged that
it may be easily read from left to right when viewing the plan image. (5) The plan image must have a north arrow. Enlargements should be on the same orientation
as the main body of the plan, however, where this is not practical that enlargement must
have a north arrow. (6) The plan image must have the British Columbia Geographic System designation or
designations shown immediately below the title using the 6 minute latitude by 12 minute
longitude breakdown.

(7) With the exception of plans prepared under Part 10, plans must have a rectangle that has an
area of not less than 70 cm2 at the intended plot size, in the top right corner of the plan,
which will contain the plan number required under Rule 3-3 with the remaining area left
blank for the use of the Registrar or Surveyor General. (8) Information not directly related to the survey or required by these Rules or the requirements
of the LTSA must not be shown on the plan image, however, the name and address of the
land surveyor's firm along with the land surveyor’s file number may be appended. (9) The plan image must contain no signatures.

Any signatures that may be required must be
obtained in a form and manner prescribed by the Director for plans filed in the land title
register or the Surveyor General for plans filed in the Crown land registry. 3-3 Plan number
(1) The pre-assigned plan number must be prominently displayed in the top right corner of the
plan image, immediately below the top margin as follows:
(a) For all plans except those specified in (b) and (c) of this rule:
Plan [plan number]. (b) For Strata Property Act plans:
Sheet [pertinent sheet] of [total sheet number] sheets
Strata Plan [plan number] Phase [phase number] (where applicable). (c) For Air Space plans:
Air Space Plan [plan number]. (2) Rule 3-3(1) does not apply to plans submitted under

Section 25 of the Oil and Gas Activities
Act General Regulation. 3-4 Scale
(1) The scale of the plan image must be 1:[a whole integer] being a multiple of 25. (2) The smallest scale and sheet size must be used that will permit all required detail and
information to be shown on the plan without congestion at the intended plot size. Enlargements of certain areas may be used to achieve clarity for plan images created at a
smaller scale. (3) The inserted enlargements referred to in Rule 3-4(2) must conform to a scale required by
Rule 3-4(1) except if impractical, in which case the enlargement may be prepared at no
specific scale.

(4) The plan image must contain a bar scale and the following notation:
The intended plot size of this plan is mm in width by mm in height (insert sheet size e.g. D size) when plotted at a scale of 1:__.

(a) enlargements shall contain a bar scale and the following notation:
Scale of enlargement is 1 _____ at intended plot size of plan
(b) enlargements that are exaggerated for clarity and not plotted to scale shall not require a
bar scale and shall include the following notation:
Not to scale
3-5 Legend and general statements
The plan image must contain:
(1) A legend giving details of the following:
(a) All monument symbols that are shown on the plan image and any standard abbreviations used
that are included in Rules 3-14(1) and (3). Standard abbreviations included in Rule 3-14(2) may
be included in the legend for clarity but are not required.

Monuments and abbreviations that
are not shown on the plan image must not be shown in the legend;
(b) All non-standard abbreviations or symbols shown on the plan.

(2) A statement regarding bearing derivation:
(a) For plans based on survey, the following notation, with modification as necessary:
“Grid bearings are derived from [insert bearing derivation method] and are referred to
the central meridian of UTM Zone [insert number].”
(b) For Explanatory Plans under the Land Title Act, bearings shall be referenced to the
existing land title office records upon which the plan is based and the following notation
is required:
“Bearings are [astronomic/grid] derived from Plan [insert plan number].”
(3) The following statement, with respect to georeferencing, with modifications as necessary,
for plans based on a survey:
"The UTM coordinates and estimated absolute accuracy achieved are derived from
[insert type of survey georeferencing method] to [insert geodetic control monument(s)
number(s), and/or insert active control point(s) number(s), RTN name, or previously
registered plan]."

(4) A statement with respect to the computation of ground to grid distances:
(a) Where a single average combined factor is used:
"This plan shows horizontal ground level distances, unless otherwise specified. To
compute grid distances, multiply ground level distances by the average combined factor
of [insert factor]. The average combined factor has been determined based on an
ellipsoidal elevation of [insert ellipsoidal elevation] metres or control monument(s) [insert
control monument numbers]. ";
(b) Where a single average combined factor is not appropriate the combined factor and
ellipsoidal elevations may be shown at specific points or in a tabular form and then the
following statement may be used:
"This plan shows horizontal ground level distances unless otherwise specified.

To
compute grid distances, multiply ground level distances by the appropriate combined
factor as derived from the combined factors [‘noted hereon’ or ‘in the coordinate table’
as applicable]." (5) The following statement:
This plan lies within the (Regional District). (6) The following statement where the plan lies within or partially within an integrated survey
area:
“This plan lies within (or partially within, as appropriate) Integrated Survey Area No ............ ,
.........[name] ..... , NAD83 (CSRS) [Version].”
(7) The following statement where a witness post has been found or set:
This plan shows one or more witness posts which are not set on the true corner(s). (8) The following statement where an application for modified posting is approved by the
association:
Modified monumentation has been approved for this survey.

3-6 Statements by BC land surveyor
(1) The plan image must contain one of the following statements:
(a) For plans based on field survey:
The field survey represented by this plan was completed on the [dd] day of [month],
[yyyy]
[name of BCLS], BCLS [commission number]
(b) For plans based on existing records:
This plan is based on the following Land Title and Survey Authority of BC records:
(list plans and documents used to compile the plan)
[dd] day of [month], [yyyy]
(c) For plans based on a partial survey, when permitted by the Surveyor General:
[yyyy].

The following information shown on this plan was ascertained by field measurement:
(insert specifics) _. All other information shown on this plan was derived from:
(list plans and documents used to compile the portions of the plan not included in the
survey)
(2) For multi sheet plans, each sheet following the first sheet must show the field survey date and contain
the name of the surveyor preparing the plan. 3-7 Line type requirements
The plan image and any enlargements must adhere to the following line types and size
requirements:
(1) Except in the case of a posting plan prepared under

Section 68, Land Title Act, or a Posting
Plan to be filed in the Crown land registry, the exterior boundaries of the land being dealt
with by the plan image must be shown as solid black lines, between 1 and 1.5 mm in width
when the plan image is reproduced at the intended plot size. (2) Boundaries of all parcels, highways and public roads shown by solid black lines. (3) Boundaries that will be cancelled upon deposit of the plan shown by broken lines. (4) Where a parcel or parcels under survey overlap two or more adjacent sections or district
lots, the boundaries of those sections or district lots must be shown by broken lines.

(5) Boundaries of existing rights of way, easements or covenant areas shown by broken lines. (6) All radial lines, traverse lines, GNSS baselines and radial ties shown as fine broken lines. (7) Natural boundaries shown as sinuous lines. (8) The present natural boundary must be dashed if it is waterward of the titled natural
boundary and the plan is not pursuant to

Section 94(1) of the Land Title Act. (9) Hatching may be used if it is necessary to distinguish between parcels or areas of interest
being surveyed. 3-8 Survey evidence
The plan image must show:
(1) All survey monuments found and set in the course of the survey. (2) All other evidence found and used for boundary resolution depicted in a manner that is clear
and unambiguous. This includes but is not limited to ancillary evidence, such as evidence of
occupation, bearing trees or stone mounds used to support the boundary resolution.

(3) The following statement where the plan shows evidence of occupation used to determine a
boundary location:
“Evidence of occupation shown on this plan was used in the re-establishment of boundaries”
(4) A note indicating “not found” or “NF” for survey monuments searched for and not found. (5) The methods used to reconstruct boundaries and re-establish obliterated, lost or disturbed
posts, including brief clarifying notations when necessary to support the boundary
resolution. (Note: if an explanation of boundary re-establishment is too complex or lengthy
to be placed on the survey plan image the explanation needs to be placed on a survey letter
for filing in the land title register concurrently with the submission of the plan for
registration. See Rule 4-5(20) as to possible plan notation requirements.)

(6) If evidence on one side of a road is used to establish the opposite side, sufficient ties by
bearing and distance from the posts found to those set on the opposite side, with enough
detail to allow for closures on all dimensions. (7) Where an alternate type 5 post is found or placed, either a note next to the post reading:
"short iron post ........ [description] ........ ", or an abbreviation of the note in the legend. (8) Any notes required in Part 1 of these Rules for permanent survey monuments or ancillary
monumentation. (9) Post cap diagrams for all type 1, 2 or 4 posts.

(10) Where a witness post has been set:
(a) The notation "witness" or "Wt" to confirm the post(s) is not set on a true corner;
(b) The position of the witness post in relation to the corner by dimensions with no
ambiguity. (11) All control monuments and geodetic control monuments found with the number or
designation of each. 3-9 Dimensions
(1) Adjusted bearings and distances for all boundaries of all parcels established and re-
established, and for all boundaries showing survey evidence. (2) Adjusted bearings and distances for all traverse lines, GNSS baselines and radial ties, which
may be shown in the body of the plan image or in tabular form at a convenient location on
the plan image.

(3) Bearings and distances to intersections of a boundary under survey with unsurveyed
boundaries, including unsurveyed mining leases, and with boundaries referred to in Rule 2-
11(2). (4) Bearings and distances from each control monument to the area under survey within an ISA. (5) All bearings in the full circle sexagesimal system clockwise from north. (6) All linear measurements must be shown as horizontal ground level distances in metres and
decimals thereof, except for distances to bearing trees and ties to geodetic control
monuments, active control points or as required under Rule 9-8 (1)(a). (7) if a plan image shows both horizontal ground level distances and grid distances or only grid
distances, a note is required to clearly identify the type of distance shown.

(8) The length of arcs, the radius of the curved boundaries and the bearings of radii to the
beginning and end of the curve and intersections with points on the curve where curved
lines are shown on the plan image. (9) The perpendicular width of each road created by the survey, except where the sides of the
road are not parallel, in which case measurements across the road must be shown in order
to identify the varying widths.

(10) Where a boundary under survey intersects with an existing statutory right of way,
easement or covenant boundary, show either:
(a) the dimensions of the intersections with the new boundaries; or
(b) the perpendicular width where the statutory right of way, easement or covenant
boundaries are parallel to and contiguous with a parcel boundary. (11) Except in the case of an Explanatory Plan or where permitted by the Surveyor General,
measurements shown on the plan image must be based on the current survey and must not
be derived from previously registered plans nor from surveys or plans made by a person
other than the land surveyor supervising the current survey or a person under that land
surveyor’s supervision.

(12) Theoretical boundaries must not be shown on the plan except for plans prepared under
Part 10. 3-10 Areas
(1) Areas for each parcel created, highway, park or public square dedicated, return to Crown, or
other interest in land delineated, except posting plans prepared pursuant to

Section 68 of
the Land Title Act or for filing in the Crown land registry, to a minimum precision as given in
the following table:
Up to 0.1 ha quote to 0.1 m2
From 0.1 ha to 1 ha quote to 0.001 ha
From 1 ha up to 10 ha quote to 0.01 ha
From 10 ha up to 100 ha quote to 0.1 ha
From 100 ha and over quote to 1 ha
(2) Where a parcel is created, highway, park or public square is dedicated, or other interest in
land delineated, is in multiple parts, an area for each part and a total area must be expressed
to the precision described in Rule 3-10(1).

(3) Areas for strata lots and common property on bare land strata plans surveyed under the
Strata Property Act must comply with the above minimum precision; however the area of a
building strata lot must be expressed in square metres. 3-11 Georeferenced points
The plan image must show the georeferenced points required in Rule 2-2 along with the following
(1) The UTM coordinates based on the datum as approved by the Surveyor General. (2) NAD 83 (CSRS) [Version]. (3) The average combined factor, or the combined factor for each point when a single average
combined factor is not used. (4) The UTM zone. (5) The absolute accuracy achieved.

3-12 Parcel descriptions
(1) The District Lot, Group, Block, Section, Township, Range, Meridian, Indian Reserve, or
Unsurveyed Crown Land, as appropriate (being the primary parcel information) shown
prominently in the body of the plan in solid font. (2) The parcel number or letter of parcel(s) created by the survey shown in solid font. (3) The parcel number letter and plan number for existing parcels:
(a) Where the parcel or parcels created by the legal survey consume all or part of the
existing parcel(s) the existing parcel(s) shall be shown in broken font.

This does not apply
to surveys under the Land Act;
(b) Remainders of existing parcels shall be shown in solid font;
(c) All existing parcels adjacent to each boundary of the parcel(s) created in solid font. (4) The names of roads, bodies of water and water courses in solid font. The direction of flow of
water courses must also be shown. (5) The waterward boundary of filled foreshore must be labelled limit of fill or by using another
appropriate notation approved by the Surveyor General. (6) The words “Arterial Highway” must be placed upon the appropriate area of a Land Title Act
plan when dedicating land for arterial highway as authorized by the Minister of
Transportation and Infrastructure.

(7) Where new highways are being created:
(a) With the exception of highways being created over Treaty Lands, the highway must be
labelled on the plan as "arterial highway", "highway", "road", "lane" or “walkway”, as
appropriate;
(b) Over Treaty Lands, where the new highway is to vest in the Treaty First Nation, the
highway must be labelled on the plan as "highway";
(c) Over Treaty Lands, where the new highway is to vest to the province, the highway must
be labelled on the plan as “provincial highway” or as “arterial provincial highway” as
appropriate.

(8) The plan number and the boundaries of existing rights of way, easements or covenant areas, if
there is a charge on title to the parcel under survey, or if there is a reasonable expectation of a
charge being placed on the title to the parcel under survey, or on the titles of newly created
parcels. (9) The charge number and the boundaries of charge areas which encompass a portion of a parcel,
where there is no associated charge plan (e. g. charges that include the following remark on the
certificate of title: “As to Part Formerly Lot _, Plan ___”).

3-13 Natural boundaries
(1) The present natural boundary and the natural boundary as shown on the plan upon which
title is based, except:
(a) In the case of a plan endorsed under

Section 94 (1)(d) of the Land Title Act, in which case
only the present natural boundary must be shown; or
(b) On a posting plan prepared under

Section 68(1) of the Land Title Act, in which case it is not a
requirement to show the present natural boundary. (2) For posting plans prepared under

Section 68(1) of the Land Title Act:
(a) If the present natural boundary is not shown on the plan, then the following note, with
modification as necessary, must be shown on the plan image:

While the survey defines the location of property
corners and boundaries as indicated by the survey evidence the survey does not include
an opinion on the true location of the waterward boundary of the lands.”
(b) If the present natural boundary is shown on the plan and is not coincident with the natural
necessary, must be shown on the plan image:
“This plan shows the natural boundary according to (note the plan number) and an opinion of
the location of the present natural boundary based on field survey.

Dimensions of the lot
under survey as shown on (note the plan number) may not reflect the current extent of title.”
(3) The distance along boundaries to the natural boundaries as they exist at the time of the
survey, if the present natural boundary is shown. (4) Small watercourses of a temporary or seasonal nature that do not have natural boundaries,
must not be shown.

(5) Ties to natural boundaries as either:
(a) Offsets from a boundary or traverse line to natural boundaries and the distance along
the boundary or traverse line to the point of offset;
(b) Radial ties to natural boundaries, which may be shown in tabular format indicating the
observation point numbers and their corresponding bearings and distances; or
(c) Coordinates shown in tabular format on the same datum as the survey. (6) Sufficient ties must be provided so as to allow the natural boundaries to be plotted
accurately. (7) Where natural boundaries are derived from methods other than a field survey, the method
must be noted on the plan, and date of source data if applicable.

(8) if a watercourse is shown within a parcel and the watercourse:
(a) is owned by the Crown;
(b) lies within the boundary of a parcel of one hectare or more in area being created by the
plan; and
(c) is less than 1/10 of the area of the parcel it passes through. the natural boundaries or centreline of the watercourse may be depicted on the plan, without
dimensions. The typical width of the watercourse must be labelled, and where a boundary
under survey intersects the watercourse, a distance along the boundary to the natural
boundaries or centerline of the creek must be shown. Where natural boundaries are depicted pursuant to this rule, and dimensions are not shown,
rule 2-9(1) does not apply.

3-14 Standard symbols and abbreviations
(1) The following standard symbols must be used on all survey plans and described in the
legend, where applicable. Only where required for clarity, symbol sizes may be increased by
25%.

Symbols Description Dimensions
Found Placed (mm)
Standard Concrete Post (Type 1) 3.5, 1.5
Standard Rock Post (Type 2) 3.5, 2.0
Lead Plug (Type 3) 2.0
Standard Capped Post (Type 4) 3.0
Standard Iron Post (Type 5) 2.0
Traverse Hub 2.5
Boundary Marker 2.5, 2.5
Control Monument 3.5, 2.5
Old Style Dominion Land Surveys 3.0, 1.5
Iron Post
Angle Iron 3.5, 1.0
Aluminum Post 2.0, 2.5
Non-Standard Post (describe) 3.0, 2.0
Unmonumented Point 2.0
(2) The following standard abbreviations with or without periods may be used and need not be
explained in the legend:
a arc
BCGS British Columbia Geographic System
BCLS British Columbia Land Surveyor
centreline
CLS Canada Lands Surveyor
CLSR Canada Lands Surveys Records
cm centimetre
DL District Lot
E east
Fd found
Fr fractional
FSR Forest Service Road
GCM geodetic control monument
GNSS Global Navigation Satellite System
Gp group
ha hectare
Hwy highway
IP standard or short iron post
IR Indian Reserve
KDYD Kamloops Division Yale District
km kilometre
Lat latitude
Long longitude
LS Legal Subdivision
LTO Land Title Office
M meridian (i.e.

W6M)
m metre
m2 square metre(s)
m3
cubic metre(s)
MC Mineral Claim
N north
NAD27 North America Datum 1927
NAD83 (CSRS) North American Datum 1983 (Canadian Spatial Reference System)
NF nothing found
NWD New Westminster District
ODYD Osoyoos Division Yale District
P&NG Petroleum and Natural Gas
PC point of curvature
PCC point of change of curvature
PDR Petroleum Development Road
PI point of intersection of tangents
Pl placed
PNB present natural boundary
POT point on tangent, subtangent or subtangent produced
PRD Peace River District
QCD Queen Charlotte District
Rge Range
r radius
Rem remainder
RM reference marker
R/W Right of way
Ry railway
S south
Sec Section
SDYD Similkameen Division Yale District
SRW statutory right of way
Sta station
Tp Township
UTM universal transverse mercator
W west
WLoc Well location
Wt witness
YDYD Yale Division Yale District
(3) The following standard abbreviations and any non-standard abbreviation used must be
explained in the legend.

ACP active control point
AMD amended
AP aluminum post
ASP Air Space Parcel
ASPl Air Space Plan
Bk block
Bdy boundary
Brg bearing
BT bearing tree
(c) calculated
C standard cairn
CAP old style capped aluminum post
CIP old style capped iron post
cor corner
CofT Certificate of Title
CP standard capped post
Diam diameter
DLSIP old style Dominion Land Surveys iron post
elev elevation
Ex explanatory
illeg illegible
L Lot
LCP limited common property
LP standard lead plug
mag magnetic
Meas measured
Mkd marked
NCO Not cut out
No or # number
oblit obliterated
PCon standard concrete post
PP old style pipe post
PRock standard rock post
R Road under survey (used on post caps)
Re-est Re-established
Ref Reference
Res restored
RR Railway under survey (used on post caps)
SL strata lot
SM stone mound built around a monument
T trench
temp temporary
TH traverse hub
THSL Town of Hastings Suburban Lands
Tri Tripod
UCL unsurveyed crown land
Wo wood post
PART 4 — SURVEYS UNDER THE LAND TITLE ACT
Division 1: Surveys
4-1 Surveys of titled Crown land
(1) A land surveyor must contact the Surveyor General, providing all documentation from the
Crown authorizing a survey, to obtain specific instructions, prior to beginning a survey.

This
rule does not apply to statutory rights of way plans. (2) A land surveyor must contact the Surveyor General for additional instructions if conditions on
the ground are different from those on the information provided by the Crown. 4-2 E&N Railway Land Grant Surveys
(1) A land surveyor must apply to the Surveyor General for approval of the proposed method of
survey and preparation of plans that are referred to in Sections 70 (1) and (2) of the Land
Title Act. (2) The land surveyor must obtain a Block designation from the owner of the E&N Lands if no
designation exists. (3) Before proceeding with a partial survey of a Block, direction must be sought from the
Surveyor General as to survey requirements.

(4) Adjustment of bearings must not be made for Explanatory Plans under

section 70(1) of the
Land Title Act unless the Surveyor General has granted dispensation. (5) Bearings of an existing survey must be adjusted to grid based on ties to a minimum of two
posts on the original survey for partial surveys under

section 70(2) of the Land Title Act,
unless the Surveyor General has granted dispensation. Division 2: Land Title Act Plan Requirements
The Rules in this Part complement requirements contained in the Director of Land Titles Electronic Land Title
Plan Requirements and Surveyor General requirements expressed through Circular Letters and Bulletins, as well
as requirements contained in statutes and associated regulations. 4-3 Title
(1) The plan image must have a clear and concise plan title that states the type of plan, the
legal description of the subject lands and indicate whether all or part of the subject lands
are being dealt with.

(2) The plan title for Reference or Explanatory Plans under the Land Title Act must include a
reference to the pertinent section of the Land Title Act or other relevant statute in the
following format:
Pursuant to section … of the Land Title Act (or other relevant statute)
(3) A plan prepared under

Section 70 of the Land Title Act must contain a plan title similar in
form to the following:
“Explanatory Plan of Block ……., ........ District”
(4) An Explanatory Plan of lease of part of a building must indicate in the plan title how many
stories the building comprises, in a format similar to the following:
“Explanatory Plan of the … floor of a … storey building situated upon (legal description)”
(5) Leasehold plans of part of the lands must include in the plan title, where the lease requires the
approval of the approving officer and, where applicable, the Provincial Agricultural Land
Commission, a reference to the expiry date of the approvals, in the following format:
“Reference Plan to accompany lease of part of (legal description) for leasehold purposes; lease
and approval of the approving officer [and (as required) provincial agricultural land commission]
to expire (date of expiry)”
4-4 Additional Land Title Act plan requirements
A plan tendered for deposit, other than an Explanatory Plan, must comply with the following
requirements in addition to the requirements in Part 3 of these Rules:
(1) If a whole district lot, section or parcel is subdivided, the plan must show the boundaries of
the district lot, section or parcel.

(2) If a portion of a district lot, section or parcel is subdivided, the plan must show the
boundaries of that portion and:
(a) the location of that portion within the parcel being subdivided and ties to the parcel
being subdivided; and
(b) the location of any other existing parcels within the parcel being subdivided. (3) A terminal curve may be substituted for a transition curve referred to in Sections 116 (1)(e)
and (g) of the Land Title Act, so long as the rights of all affected parties are not prejudiced. (4) Unless otherwise directed by the Registrar, each new parcel must be assigned a distinct
number or letter consecutively starting with “1” or “A”.

Notwithstanding, it is also
permissible to continue assigning new parcels with an existing series, provided the notation
in Rule 4-5(17) is shown on the face of the plan. (5) If, under Rule 4-4(4), new parcels are grouped into blocks of lots, the blocks may be
designated by one series of distinguishing numbers or letters and the lot numbers or letters
in a block may comprise an independent series for that block;
(6) Every highway, park or public square dedicated by the survey must be shown as such, and
distinctly delineated with its measurements marked on the plan. (7) Deleted.

4-5 Notations on plan
The following notes, with modification as necessary, must be shown on the plan image where
applicable:
(1) The jurisdiction of the Approving Officer(s) shall be noted with the following statement:
This plan lies within the jurisdiction of the Approving Officer for [insert jurisdiction]. This
notation also applies for a subdivision by way of lease. (2) If relief from compliance with Sections 75 (1)(c) or (d) of the Land Title Act is obtained:
This plan need not comply with

Section 75 (1)( ...... ) of the Land Title Act. (3) When a covenant in favour of the Crown, a Crown corporation or agency, a municipality or a
regional district is a condition of approval and the Approving Officer requires that a notation
be placed on the plan, the following statement is then required:
A Covenant [or: (insert number) Covenants] in the name of {name of covenantee}

Section 219 of the Land Title Act is a condition of approval for this
subdivision. (4) If an application under

Section 94 of the Land Title Act has been consented to, either:
(a) to confirm lawful accretion pursuant to

Section 94 (1)(c);
The unregistered land included within this plan is accreted land. or
(b) to correct a natural boundary pursuant to

Section 94 (1)(d);
The water boundary shown hereon is the natural boundary as defined in the Land Act. (5) If an application under

section 118(1) of the Land Title Act has been consented to, for a statutory
right of way plan;
The water boundary of Lot ............................................ [complete legal description] shown
hereon is the natural boundary as defined in the Land Act. The unregistered land included
within this plan is incorporated into the title of the adjoining parcel. (6) (a) If an application to include unregistered land within a subdivision plan has been
consented to:
Land Act,

Section 58
This plan includes unregistered land, which was not included in the grant from the Crown. (b) If an application for a declaration that land within a subdivision plan is included in the grant has
been consented to:
Land Act,

Section 58
This plan shows land subject to a declaration under s. 58 of the Land Act. (7) If a public road allowance is being established over Crown land, as access to a subdivision:
Land Act,

Section 80
This plan includes public road through Crown land. (8) If tentative approval has been obtained to access a subdivision by a Forest Service Road:
Road established under the Forest Act
Access to the subdivision is to be by Forest Service Road pursuant to

Section 15 (2) of B.C. Reg. 334/79. The Crown in right of the Province shall not be obligated to improve, maintain or repair
the forest service road shown on this plan. (9) If exemption under

Section 108 (3) of the Land Title Act has been granted by minister's order:

Section 108 (3) of the Land Title Act
Subject to an exemption to be granted by minister’s order to the action of

Section 108 (2) of the
Land Title Act, land dealt with hereon, shown covered by water and not designated "Returned to
Crown in right of the Province", is not to be transferred to the Crown. (10) Deleted. (11) Deleted. (12) For plans dedicating an arterial highway pursuant to

Section 44.1 of the Transportation Act:
This plan dedicates arterial highway as authorized by the Minister of Transportation and
Infrastructure. (13) Where an approving officer has required a land surveyor to inspect a survey pursuant to

Section 84 Land Title Act:
Inspected under the Land Title Act on the [dd] day of [month], [yyyy]
(14) Where all or part of a subdivision, reference, explanatory or other plan showing subdivision of land
(including Land Title Act s. 107(1)(a) dedications) lies within the Agricultural Land Reserve:
This plan lies [partly] within the Agricultural Land Reserve. (15) Where a dominant tenement is subdivided in whole or in part and the subdivider wishes to
designate on the plan that the benefits of an easement do not apply to one or more parcels:
Pursuant to

Section 223 of the Land Title Act, Lot [number] of this plan is hereby designated as a
parcel to which the benefit of easement [registration number] does not attach. (16) Where alternate access pursuant to BC Regulation 334/79 is required for one or more of the lots
on the plan, the following applicable notation must be shown on the plan image:
ACCESS BY AIR ONLY
ACCESS BY WATER ONLY
ACCESS TO LOT BY EASEMENT ONLY
ACCESS BY COMMON LOT
(17) Where the parcels into which land is divided are marked with the continuation of an existing series
in accordance with Rule 4-4(4)
Lots created on this plan are a continuation of an existing numbering series.

(18) Where a plan is creating a new parcel, air space parcel, or dedication, from a parent parcel that
has previously had an air space parcel(s) removed from it, the following notation, amended as
applicable, is to be added to the plan:
No portion of the parcels or dedications created on this plan overlap vertically, that is, lie above
or below, any portion of the Air Space Parcels on Air Space Plan. (19) If a plan is prepared of an unsurveyed area designated as a block in an original grant from the
Esquimalt and Nanaimo Railway Company under Sections 70 (1) or (2) of the Land Title Act, the
following notation must be shown on the plan image:
This plan has been prepared in accordance with

(20) Where a letter of explanation regarding a survey inconsistency is attached to the plan application
at the time of plan submission, the following notation must be shown on the plan image:
See survey letter signed by (SG or name of land surveyor) filed with the plan application
regarding a survey related clarification
(21) Where a letter of explanation regarding a survey inconsistency is provided following the initial plan
submission, the letter is to be added to the plan application by submitting a corrective declaration
and the following notation must be added to the plan image:
See survey letter signed by (SG or name of land surveyor) filed with Plan Application Number
[quote application filing number – For example; CB___ ] regarding a survey related clarification]
(22) Where a plan of treaty lands is being prepared in accordance with

Section 25.1 of Schedule 1 of the Land Title Act applies to this plan
(23) Where a plan of treaty lands is being prepared in accordance with Sections 25(4) or 26(1)(a) of
Schedule 1 of the Land Title Act:
This plan complies with the instructions of the Surveyor General for the survey
(24) If a plan of subdivision affects land adjacent to a controlled access highway and requires approval from
the signatory for the minister charged with the administration of the Transportation Act:
This plan affects land adjacent to a controlled access highway under Land Title Act

Section 80. Division 3: Block Outline
4-6 Block outline survey method
Upon approval for a block outline survey from the Surveyor General, the boundaries under survey
must be referenced by monuments before construction and then posted after construction has
been completed, in accordance with

Section 69 of the Land Title Act and any specific requirements
of the Surveyor General. 4-7 Block outline plans
(1) Block outline plans must clearly show the mathematical relationship of the lands being
surveyed to the controlling monuments. (2) If approval has been obtained for a block outline survey under Sections 69 (3) and (4) of the
Land Title Act, the following notation must be shown on the plan image:
Block outline monumentation has been approved for this survey. LTSA File No. : [Add file number assigned by the LTSA]
(3) The plan title on the subdivision or reference plan must not include a reference to

section 69. (4) The plan title on the block outline posting plan must conform to the following format:
Posting Plan of [heading on block outline subdivision or reference plan]

section 69 of the Land Title Act
(5) Block outline posting plans, prepared pursuant to

Section 69(7) of the Land Title Act, must
show the following notation on the plan image:
This is the block outline posting plan required under Notice of Conditions of Block Outline
Survey number_____[LTSA file number]. (6) Block outline posting plans must conform in all respects to the subdivision or reference plan,
including showing the exterior boundaries of the lands dealt with as solid black lines between
1 and 1.5 mm in width when the plan image is reproduced at the intended plot size.

Division 4: Air Space
4-8 Air space monumentation
(1) Posts of type 1, 2, 3, 4 or 5 must be set at the horizontal position of all corners of the air space
parcel under survey or on a suitable witness subject to:
(a) Where an air space parcel consists of a large number of boundary corners, posting may
be reduced to posts that represent the air space parcel’s extents, but in all cases, an air
space parcel must be referenced to a minimum of 4 posts of type 1, 2, 3, 4 or 5;
(b) Where it is impractical to set a post of type 1, 2, 3, 4 or 5 at a corner of the air space
parcel, and where a suitable, permanent and clearly identifiable element of a structure is
available, the air space parcel corner may be referenced to that element;
(c) The posts required in Rule 4-8(1)(a) may include posts that define the parent parcel if
they are suitably referenced to an air space parcel corner.

(2) A minimum of 2 bench marks must be found or established within 500 metres of an air space
parcel. The bench marks used or established must be located, to the extent possible, to aid in
the future re-establishment of the vertical component of the air space parcel and be
permanent and vertically stable. 4-9 Air space boundary re-establishment
Air space parcel boundaries must be re-established based on the following:
(1) The vertical component of an air space parcel must be re-established relative to the local
benchmarks as shown on the original air space plan and any other information that may be
on the original air space plan that assists in determining the location of the boundary.

Where
there is insufficient information provided on the air space plan to re-establish the vertical
component of an air space parcel, such as where the local bench marks referenced on the air
space plan are not able to be found or re-established, the land surveyor will determine the
elevations based on the best available evidence, giving consideration to the vertical datum
used at the time the air space parcels were created. (2) Local coordinates shown on an air space plan are intended as a convenient representation of
the relationship between air space parcel corners and parent parcel boundaries.

These
coordinates are to be used to determine the intended relationship between air space parcel
corners and shall be given the same weight as bearings and distances when re-establishing
air space parcel boundaries. This does not apply to UTM coordinates shown on the plan for
georeferencing purposes. 4-10 Air space plans
(1) In Division 4 of this Part, “paraline drawings” are abstractions that allow the viewer to see
multiple faces of an air space parcel, yet all lines are measurable and none of the faces or
elements of the parcel are distorted, unless clearly indicated otherwise.

(2) Air space plans must be prepared in accordance with the Land Title Act and must, where
appropriate, contain the following information in addition to the requirements of the Part 3
of the Rules and this part:
(a) A plan view showing the relationship of the planimetric extent of each air space parcel(s)
to the boundaries of the parent parcel upon which it is based:
(i) the plan view shall be located in a prominent location within the air space plan;
(ii) if the Registrar permits an air space plan to be prepared on multiple sheets then
the plan view shall be on the first sheet.

(b) In addition to a plan view of the air space parcel(s), one or more isometric views which
are three-dimensional paraline drawings in isometric format, with the following
modifications as appropriate:
(i) isometric views may be shaded or hatched to further illustrate the three
dimensional character;
(ii) isometric views may be exploded to illustrate shapes or jogs that might be
obscured in any particular three dimensional view, and the exploded isometric
view must include:
(A) construction lines to illustrate break lines and tie points; and
(B) point numbers or letters to identify individual points or corners.

(c) Cross sectional views taken horizontally, vertically, or along other orientations may be
provided to better illustrate inflections or corners which may be obscured in any
particular three dimensional view; and cross sectional views must include:
(i) point numbers or letters to identify individual points or corners; and
(ii) geodetic elevations in accordance with the Land Title Act clearly noted. (d) Where practical, each view shall be referenced to the parent parcel. (e) Arrows on the plan view showing the direction of each isometric view and noted
"Isometric View". If the plan includes more than one isometric view, additional
information must be added to the label to make it clear which isometric view is being
referred to.

(f) Arrows on the plan view showing the location and direction of each vertical cross
sectional view and identified with a unique label for the cross section. (g) When horizontal cross sectional views are used arrows and/or labels shall be placed on
vertical cross sectional views as required to show the location of each horizontal cross
sectional view. (h) Each view on the plan must be clearly labelled and include a north point, where practical,
and a scale statement, including a bar scale unless the view is not to scale.

(i) The exterior boundaries of the air space parcels being dealt with, whether shown in plan
view, cross sectional view or isometric view, are to be identified by a bold outline or
other method so that the extent of the air space parcels is clear. (j) A unique number or letter, assigned to every corner of the air space parcel(s), which
must be shown or referenced on the plan view, cross sectional view(s) or isometric
view(s). This unique number or letter shall be repeated as often as practical on the plan
view, cross sectional view(s) and isometric view(s) to provide clarity between the various
views of the common air space corners.

(k) Where an existing air space parcel is being shown that has been previously defined on a
plan that is filed with the Registrar, the numbers or letters of the air space parcel corners
shown on the filed plan shall be repeated at the corresponding air space parcel corners
on the new plan. (l) Air space parcel corner labels required in Rules 4-10(2)(j) & (k) shall be shown so that
there is a distinction between new corner labels and labels derived from a filed plan. Notations in the legend of the plan may be used to clarify the source of the label.

(m) Dimensions of the boundaries of the air space parcel(s) on the plan view, on the cross
sectional views, and on the isometric views in a manner which clearly defines the size,
shape, and configuration of the air space parcels, and relates the plan view to the cross
sectional and isometric views. (n) Where the use of dimensions in Rule 4-10(2)(m) may cause confusion, a local coordinate
system may be established, and local coordinates may be provided for air space parcel
corners and parent parcel corners.

When coordinates are provided for this purpose, the
plan shall contain the following statement:
Coordinates shown [within this table] are based on a local, ground level datum, and are
shown to provide a relative location between air space parcel corners and parent parcel
corners. These coordinates are not for georeferencing purposes.

(o) Where an air space parcel boundary or an air space parcel corner has been previously
defined on a plan that is filed with the Registrar, and the land surveyor preparing a new
air space plan confirms that the information on the previously filed plan is a true
representation of an air space parcel boundary or corner, the new plan may make
reference to the previous plan by showing the previous plan number and the previous air
space parcel corner labels as required in Rule 4-10(2)(k), and need not repeat the
bearings, distances, coordinates, or elevations shown on the previous plan for that air
space parcel boundary.

(p) Subject to Rule 4-10(2)(o), an elevation of each air space parcel corner and elevations of
at least 2 undisturbed survey posts at the corners of the parent parcel or referencing a
corner of the parent parcel must be shown. (q) Elevations and coordinates may be shown in tabular form and cross referenced to
numbers or letters defined in Rule 4-10(2)(j). (r) A notation that the elevations in Rule 4-10(2)(p) are referenced to geodetic datum, and
the number, description, elevation, and vertical datum of the geodetic control
monument used to derive the elevations shall be placed on the plan.

In the case where
the ties to geodetic control monuments are made with GNSS to derive the elevations
required by Rule 4-10(2)(p), the geoid model (including epoch) shall be shown on the plan. (s) The location of geodetic control monuments used to derive the elevations shall be
plotted on the plan with sufficient scenery to indicate the location of the monuments. (t) If a geodetic control monument is not available within 1000 metres of the parent parcel
then approval by the Surveyor General of the geodetic datum referenced is required
and the following notation shall be placed on the plan:
This plan is referred to the vertical datum defined [insert datum details] and approved by

(u) The description, elevation, and location of local bench marks used in Rule 4-8(2):
(i) where a defined point on a permanent building or structure near an air space
parcel corner is adopted as a local bench mark, a clear, unambiguous description
of the point shall be placed on the plan and its location plotted. (v) The volume of an air space parcel created in cubic metres expressed to four significant
figures.

(w) A book of reference, when the air space plan creates more than one air space parcel,
which shows the air space parcel number, the assigned numbers or letters for the
corners which define the limits of the air space parcel, and the volume of each air space
parcel in cubic metres expressed to four significant figures. PART 5 —STATUTORY RIGHT OF WAY, EASEMENT AND COVENANT SURVEYS
Surveys and plans under this Part must also comply with requirements of Part 4 of these Rules. Division 1: Right of Way Surveys
5-1 Commencement and completion of surveys
(1) Consideration must be given to timing of a survey under this Part to ensure the
preservation of survey monumentation during installation of services.

Where possible, a
survey under this Part should not be posted until clearing has been completed. (2) The survey of an oil and gas pipeline right of way must not be posted until construction
has been completed. (3) The survey of a right of way under the Oil and Gas Activities Act must be completed in

Section 24 of the Oil and Gas Activities Act General Regulation. 5-2 Titled natural boundaries
If a right of way under survey through a titled parcel begins at, ends at or crosses a natural
boundary and it is determined that the location of the present natural boundary differs with
the title boundary of the upland parcel, the title boundary must be updated to be coincident
with the present natural boundary or direction must be obtained from the Surveyor General. 5-3 Crossing of public roads and highways
(1) Public roads must be excluded from a right of way. (2) Highways must be excluded from a right of way.

If the highway is unsurveyed, the width
to be excluded must be:
(a) in the case of a highway established by notice in the Gazette, the width stated in the
notice;
(b) in the case of a highway established under

Section 42 of the Transportation Act by
court order, the travelled width or as otherwise specified by the court order. (3) If a right of way crosses a forest service road or an Oil and Gas Activity Act road, the road
must be shown as part of the right of way. (4) If a right of way crosses a travelled way, other than a highway or public road, the travelled
way must be shown on the plan as part of the right of way without reference to its width.

Division 2: Right of Way Monumentation
5-4 Posting requirements
(1) Except as provided in this Division, posts of type 1, 2, 3, 4 or 5 must be set in the following
locations on both sides of the right of way under survey that has a width greater than 6
metres:
(a) where the right of way begins;
(b) where the right of way ends;
(c) at each angle of the right of way;
(d) Subject to Rule 2-8(6), where the boundary of the survey intersects with an existing
surveyed boundary or the boundary of an unsurveyed parcel;
(e) on both sides of a highway, public road or surveyed forest service road;
(f) at or near where the boundary of the survey intersects with a natural boundary of a
body of water having a width greater than 6 metres;
(g) at a point witnessing a location referred to in Rules 5-4(1)(a) to (e).

(2) If a new right of way is coincident with and parallel to an existing right of way and the
owner of the rights of way is the same, the land surveyor may post only the outermost
boundaries of the new and existing rights of way. (3) If a right of way has a width of 6 m or less it may be posted on one boundary only. The
posted boundary should remain consistent throughout the survey, except the posted
boundary may be changed in order to maximize the potential for monument
preservation.

5-5 Requirements for type 1, 2 and 4 monuments
(1) Subject to Rule 2-8(6), posts of type 1, 2 or 4 must be set on one side of a right of way at
intersections with district lot, section or quarter section boundaries and at intervals along
the right of way not greater than 1 km. (2) If the length of a right of way crossing a body of water exceeds 500 m, a type 1, 2 or 4
post must be set on one boundary near the intersection with each natural boundary. (3) Posts of types 1, 2 or 4 must be numbered consecutively and the designation of adjoining
parcels must be marked on the posts.

5-6 Right of way surveyed in accordance with the Oil and Gas Activities Act
(1) This section shall only apply to right of way surveys that:
(a) are located within the Peace River Regional District or the Northern Rockies Regional
Municipality; and
(b) are linear in nature and are surveyed in accordance with the Oil and Gas Activities Act
and the Oil and Gas Activities Act General Regulation. (2) If a right of way has a width of 20 metres or less it may be posted on one boundary only. The posted boundary should remain consistent throughout the survey, except the posted

(3) Relief is granted from the posting requirements of Rules 5-4(1)(c) and (d) only where it
refers to surveyed boundaries of rights-of-way, to require no more than 6 monuments
per kilometre, including all monuments required by Rule 5-4. Where this provision is
used, the land surveyor should give priority to monuments set at right of way crossings
rather than deflection points and should attempt to have monuments spaced evenly
along the right of way under survey instead of grouping them together excessively and
having areas of little or no posting.

(4) When the right of way under survey crosses multiple adjoining rights of way, which are
required to be posted under Rule 5-6(2), the posting requirements may be further
reduced such that only the outside boundaries of the adjoining rights-of-way are required
to be posted, notwithstanding Rule 5-6(3). (5) A land surveyor may post both sides of a right of way or set additional posts where they
feel it is beneficial to the cadastral fabric. Division 3: Right of way plans
5-7 Additional plan requirements
Right of way plans must contain the following information:
(1) The width of a linear right of way at frequent intervals. (2) The values of convergence from the origin to points on the plan at 8 kilometre intervals or
less.

(3) The serial numbers that have been stamped on type 1, 2 or 4 posts. (4) A book of reference, if the plan deals with more than one parcel, near the title, listing in
progressive order the legal description of all parcels crossed and the total area of the right
of way or easement within each parcel. If there are multiple right of way areas within a
parcel, each area must be listed and uniquely identified. (5) Surveyed and unsurveyed forest service and Oil and Gas Activity Act roads should be
included within a right of way and labelled accordingly.

(6) If a right of way is divided by a highway or public road, the plan must show ties across the
highway or public road in fine broken lines and must provide a mathematical link across
the road. 5-8 Plans crossing both Crown and private land
(1) If a right of way crosses both Crown land and private land, a separate plan must be
prepared and submitted to the Surveyor General in respect of the part of the right of way
that crosses Crown land. (2) All right of way plans over Crown land must be submitted to the Surveyor General and
include the following notation on the plan image. This plan is prepared as the Official Plan of the lands shown hereon for the Surveyor
General.

Division 4: Easement and Covenant Surveys and Plans
5-9 Additional posting requirements
Rules 5-4 and 5-5 apply to linear easement or covenant surveys. 5-10 Additional plan requirements
Rule 5-7 applies for all linear easement or covenant plans. PART 6 — HIGHWAY, PUBLIC ROAD AND RAILWAY SURVEYS
Surveys under this Part must also comply with requirements of Part 4 of these Rules. Division 1: General
6-1 Definitions
(1) In this Part:
(a) "railway" means a railway within the meaning of

Section 1 of the Railway Act and
includes:
(i) a railway established under an enactment of another jurisdiction that provides
for a railway in British Columbia; and
(ii) a railway right-of-way. 6-2 Application of this Part
(1) This Part applies to highway, public road and railway surveys that are greater than 1
kilometre in length or where the total dedication across parcels is greater than 1
kilometre in length. (2) Highway, public road and railway surveys that are 1 kilometre in length or less shall be
surveyed using the requirements for a plan pursuant to

Section 107 of the Land Title Act
or under the Land Act, as applicable. (3) Before commencing a highway, public road or railway survey over Crown land, the land
surveyor must obtain instructions from the Surveyor General. Division 2: Surveys
6-3 Establishing boundaries
(1) The boundaries of a highway, public road or railway should be surveyed
symmetrically, where practical, with the centreline of the constructed highway or
railway. (2) Construction widths or other conditions that differ from those provided on the
plans or described in the instructions must be reported to the appropriate
authority, and that authority must provide further instructions. The Surveyor
General must also be involved if the survey is over Crown land.

(3) Widenings of highways, public road or railways on Crown land must, if practical, be
bounded by a series of straight lines. (4) Widenings of highways, public road or railways on land other than Crown land
must be surveyed to conform as closely as practical to the boundaries shown on
the design plans or as described in instructions provided by the appropriate
authority.

(5) Where a boundary on an existing highway or railway plan is defined by spiral-
circular-spiral curves the curves must be replaced by circular curves of a radius
which will reduce the displacement of the physical centreline of the constructed
road or railway from the mathematical centreline of the highway or railway under
survey to a minimum, or terminal curves must be used in place of the spiral curves. 6-4 Intersecting natural boundaries
The crossing of water bodies must be surveyed in accordance with Rule 5-2. 6-5 Intersecting public roads
(1) Public roads must be excluded from a survey of a railway. (2) The land surveyor must involve the Surveyor General with regard to inclusion or exclusion of public
road from highway surveys.

6-6 Intersecting highways
(1) Highways must be excluded from a survey of a railway. If unsurveyed the width to
be excluded must be:
(a) in the case of a highway established by notice in the Gazette, the width stated in
the notice;

court order, the travelled width or as specified by the court order. (2) Existing highway must be excluded from the survey of a new highway. 6-7 Intersecting forest service roads
The land surveyor must obtain direction from the Surveyor General with regard to inclusion or
exclusion of forest service roads in highway and railway surveys.

6-8 Intersecting other travelled ways
If a highway or railway under survey crosses a travelled way, other than a highway, public road or
forest service road the travelled way must be included within the highway or railway survey
Division 3: Monumentation
6-9 Monumentation systems
(1) Subject to Rule 6-9(2), the boundary system described in Rule 6-10 must be used for all
highway, public road or railway surveys that fall under this part. (2) If it is impracticable to use the boundary system, the centre line system described in Rule
6-11 may be used, with the prior approval of the Association.

6-10 Boundary system
(1) Subject to Rule 2-8(6), type 1, 2 or 4 posts must be set on one side of the highway,
public road or railway under survey:
(a) At the start and end of the survey;
(b) Subject to Rule 2-8(6), at points of intersection with boundaries of a district lot other
than a mineral title, a section, a Land Act block or a quarter section, unless the
boundary is of a theoretical section or quarter section;
(c) At points of curve or deflections; and
(d) At intermediate points on tangent, so that the distance between the posts is no
greater than 1 kilometre.

(2) Type 5 or better posts must be set:
(a) on the side of the highway, public road or railway under survey on the side opposite
that referenced in Rule 6-10(1); and
(b) on both sides of the highway, public road or railway under survey at intersections
with all other surveyed boundaries and unsurveyed parcel boundaries.

6-11 Centre line system
(1) Type 1, 2 or 4 posts must be set:
(a) at centre line points of intersection, or at points witnessing centre line points of
intersection on subtangents or subtangents produced;
(b) at intermediate points on the boundary of the highway, public road or railway under
survey, if any tangent exceeds 1 kilometre in length; and
(c) at points of intersection with boundaries of a district lot other than a mineral title, a
section, a Land Act block or a quarter section, unless the boundary is of a theoretical
section or quarter section. (2) Type 1, 2 or 4 posts required by this section must not be set in any place where they
might be disturbed by highway, public road or railway maintenance equipment.

(3) Type 5 or better posts must be set on the boundary of the highway, public road or railway
under survey:
(a) at all points of curve and deflection;
(b) on the side of the highway, public road or railway under survey on the side opposite
that referenced in Rule 6-11(1); and
(c) on both sides of the highway, public road or railway under survey at intersections

6-12 Monument substitutions
In the boundary system and in the centre line system:
(1) Type 1 or 2 posts must be substituted for type 4 posts in locations that support monument
preservation at points along the survey so as to give an average density of two type 1 or 2
posts every 5 kilometres. (2) Type 5 posts may be substituted for type 4 posts so as to reduce the average density of
type 4 posts to 2 per kilometre. 6-13 Intersection with superseded boundaries
Points of intersection of the highway, public road or railway under survey with district lot,
section and block boundaries that are no longer parcel boundaries need not be posted but
must be indicated on the plan without dimensions.

6-14 Witness monuments
(1) If, due to interference by fences and other structures, posting under this Division is
impracticable, posts must be witnessed toward the centre of the highway, public road or
railway wherever possible. (2) If practicable, posts that are witnessed must be set:
(a) at a point on the production of an intersecting boundary;
(b) on the radial line at a point of curve; or
(c) on the bisector of an angle at a deflection point. 6-15 Monument markings
(1) Type 1, 2 and 4 posts must be marked with the designation of lands adjoining the
highway, public road or railway. (2) Type 1, 2 or 4 posts that are not sited to mark intersections with the boundaries of a
parcel must be serially numbered.

(3) If posts are set to mark changes in direction of highway, public road or railway
boundaries, the following abbreviations must be used on the post caps:
(a) "PC" means a point defining the beginning or ending of a curve;
(b) "POT" means a point on tangent, subtangent or subtangent produced;
(c) "PI" means the point of intersection of two tangents;
(d) "R" means the highway or public road under survey;
(e) "RR" means the railway under survey. (4) If a railway under survey over Crown land has been given a district lot number or a block
designation, posts must be marked accordingly.

Division 4: Highway, Public Road and Railway Plans
6-16 Additional plan requirements
A plan of a highway, public road or railway must contain the following information:
(1) The perpendicular width of the highway, public road or railway at frequent intervals. (2) The values of convergence from the origin to points on the plan at 8 kilometre intervals or
less. (3) The serial numbers that have been stamped on the monuments. (4) A book of reference, if the plan deals with more than one parcel, near the title, listing in
progressive order the legal description of all parcels crossed by the highway, public road
or railway and the total area of highway, pubic road or railway within each parcel.

(5) The plan title placed at the right side of the plan indicating the location and land district in
which the highway, public road or railway is located. PART 7 — STRATA PROPERTY ACT
Division 1: Building Strata
7-1 Definitions
In this part:
Fixed improvement means a structural portion of the strata building that can be
unambiguously related to walls, floors and ceilings of the strata. “parent parcel” means the land that is the subject of the strata plan. 7-2 Parent Parcel Requirements
Prior to registration of the strata plan, the parent parcel title must be defined by a plan based
on a survey, which fulfills the following:
(1) The parent parcel has been fully monumented. (2) Any boundary discrepancies have been resolved.

(3) Natural boundaries must be based on their present location. 7-3 Field procedures
(1) Lengths of all exterior building walls must be measured. (2) Measurements must be made of all boundaries of each and every strata lot, limited
common property and perimeter boundaries of each floor. (3) Any parent parcel corners that have been destroyed must be reset in accordance with the
under survey need be replaced.

7-4 Boundaries
(1) Strata Lot Boundaries:
a) Boundaries of strata lots must be unambiguously defined horizontally and vertically;
b) Except as provided under Rule 7-4(1)(c), boundaries of strata lots must be defined with
reference to walls, floors or ceilings;
c) Boundaries of strata lots that are not defined with reference to walls, floors or ceilings,
must be defined with reference to fixed improvements in a manner approved by the
registrar;
d) If permitted by the registrar, strata lot boundaries may be defined with reference to
survey monuments.

(2) Limited Common Property Boundaries:
a) The extent of limited common property must be defined horizontally and, where the
limited common property could impact another strata lot, it must be defined vertically;
b) The horizontal extent of limited common property must be defined in relation to
strata lot boundaries;
c) The vertical extent of limited common property must be defined in relation to strata lot
boundaries or fixed improvements that are shown on the strata plan. 7-5 General Plan Requirements

encroachments outside the parent parcel that are relevant to the strata being created
along with descriptions of what is encroaching;
(b) The related easements or other registered interests that have been or will be created
to contain the encroachments shown in Rule 7-5(2)(a) must be shown on the plan;
Rule 7-6(4)(c).

(3) The plan must identify:
(a) The horizontal and vertical boundaries of strata lots using descriptive words and
illustrations on floor plans and cross sections, even if the midpoint of a wall, floor or
ceiling is used, so that the relative location of boundaries defined under Rule 7-4(1) are
clear and unambiguous. (b) The horizontal boundaries of strata lots and limited common property using dimensions
on the floor plans. (c) The vertical extents of limited common property using descriptive words (or dimensions,
if appropriate) on the floor plans or cross sections so that the relative limits of extents
defined under Rule 7-4(2)(c) are clear and unambiguous.

(d) The vertical extent of the limited common property by way of a clear plan statement
which is reflective of the descriptive words or dimensions shown on the floor plans or
cross sections. If there is no vertical extent designated for the limited common property,
then this must be noted in a clear statement placed on the plan. (4) The plan must delineate a part of the lands or building as common property. 7-6 Sheet one
The first sheet must contain the following additional information. (1) The type of monumentation found or reset at every corner of the land that is subject to
the strata plan except phased boundaries which do not require posting.

(2) The external boundaries of all buildings and labelled with:
(a) if there is more than one building, each building must be identified by either a
building number or by strata lot numbers to enable a cross reference from the first
sheet to the floor plans;
(b) the dimensions of the exterior walls of all buildings;
(c) the shortest distance offsets from each building to the adjacent perimeter strata plan
boundaries and, where necessary, additional offsets or bearing and distances to
clearly define the relationship of the building(s) to the perimeter plan boundary. (3) The statement by BC land surveyor as prescribed by Rule 3-6(1)(a).

building(s) containing Strata Lot(s) [list strata lot numbers]. and
The buildings included in this strata plan have been previously occupied, as to
building(s) containing Strata Lot(s) [list strata lot numbers]. (c) The buildings shown hereon are within the external boundaries of the land that is the
subject of the strata plan.

or
Certain parts of the buildings shown hereon are not within the external boundaries
of the land that is the subject of the strata plan and appropriate and necessary
easements or other interests are required to provide for these encroachments. 7-7 Floor plans
(1) Strata plans must provide a plan image for each floor of a building that contains a strata
lot, limited common property or common property, but it is not necessary to show a plan
image of crawl spaces or attic space if they are wholly common property.

(2) Plan images of floor plans must show the following:
(a) A title, which clearly identifies the floor and building number if applicable;
(b) Designations for strata lots, common property, limited common property and non-
habitable parts of strata lots if applicable;
(c) A notation indicating the particular strata lot or lots to which limited common
property is appurtenant;
(d) Dimensions to 0.01 metres of all boundaries of each strata lot, part strata lot and
limited common property;
(e) Dimensions to 0.01 metres of the perimeter boundary of a floor plan and sufficient
dimensions to clearly relate the location of all strata lots, part strata lots and limited
common property within a floor plan;
(f) Boundaries of strata lots, part strata lots, common property and limited common
property shown as solid lines;
(g) Where boundaries of a strata lot or limited common property change direction other
than at forty-five or ninety degrees, sufficient additional distances or angles shown to
clearly define the strata lot boundary to the extent that the area can be calculated
from the dimensions provided;
(h) Floor numbers, to be numbered from the lowest floor to the highest floor;
(i) The location and descriptive notation of cross sections.

7-8 Cross sections
(1) Strata plans that show floor plans must also show cross sections. Each building must have
at least two intersecting cross sections.

(2) Building cross sections must indicate the vertical relationships of the strata lots and
common property and show the following in a manner which provides clarity of extent of
these features in accordance with Rule 7-5:
(a) Description of the cross section;
(b) The appropriate strata lots, limited common property, decks, patios, garages, and
other areas through which the cross section passes;
(c) A label for the various floors of the buildings;
(d) The outline of the roof of the building through which the section passes;
(e) The extent of a strata lot where the floor or ceiling levels change within the strata lot;
(f) The extent of a strata lot where a bay window extends outward part way up a wall.

7-9 Elevation views
Strata plans that show buildings must also show elevation view(s) when requested by the
Registrar or if clarification is needed. Division 2: Bare Land Strata
7-10 Monumentation
All corners of all strata lots, common property and limited common property must be posted
with Types 1, 2, 3, 4 or 5 monuments. 7-11 Bare land strata plan requirements
Plan images must include the following information:
(1) The common property area(s) clearly delineated. (2) If a land use is to be indicated within the area being dealt with by a strata plan, the use
must be stated on the plan image within the indicated area and hatching may be used to
illustrate the boundaries of the indicated area.

(3) If buildings exist on land that is to be divided by a strata plan, then, only buildings that are
located on common property must be shown. (4) Buildings that exist on land that is to be divided by a strata plan, other than those referred
to in Rule 7-11(3), must be shown on a separate sketch which must be submitted to the
approving officer. (5) The dimensions and bearings of the boundaries of the land included within the strata
plan, strata lots, limited common property and common property. (6) The following notations are required on sheet 1 of the plan image:
(a) This bare land strata plan lies within the jurisdiction of the Approving Officer for
[insert jurisdictions].

Section 8 of the Bare Land Strata
Regulations 75/78:

Section 8 of the Bare Land Strata Regulations 75/78. (c) Where a re-inspection is required under

Section 19 (3) of the Bare Land Strata
Inspected under the Strata Property Act on the _____ day of ____ , . (d) If a bare land strata plan affects land adjacent to a controlled access highway and
requires approval from a provincial approving officer:
This plan affects land adjacent to a controlled access highway. Division 3: Phased Strata Plans
7-12 Plans
In addition to the requirements of a strata plan, phased strata plan images must show the
limits of the phase boundaries with complete bearings and distances and must comply with
Rule 3-7(1) by showing the exterior boundaries of the phase being dealt with on the plan
image as a solid black line between 1 and 1.5 mm in width.

7-13 Notations
Phased strata plan images shall include the following notation on sheet 1:
This Plan is Phase [number of phase] of a ______ [total number of phases]
phase strata plan under

section 224 of the Strata Property Act lying within the jurisdiction
of the Approving Officer for [insert jurisdictions]. 7-14 Common Facility
If a common facility is identified in a Phased Strata Plan Declaration (Form P) to be constructed in
conjunction with a phase of a strata plan, include the following notation on sheet 1:
The common facility [name the common facility] in this phase is subject to the conditions set out in
the Form P filed for this strata plan. Division 4: Strata Plan Amendments
7-15 Notations
(1) When a plan is prepared pursuant to

Section 259(3)(b)(ii) or Section 262 (3)(c)(ii) under the
Strata Property Act, the plan image shall include the following notation:
This plan lies within the jurisdiction of the Approving Officer for [insert jurisdictions]. (2) For strata plan amendments, each amended sheet may contain the following statement:
The area inside the heavy outline is the subject of amendment. Information outside the
heavy outline was copied from Sheet _ of _ [or where applicable, Amended Sheet _ of _]. PART 8 — SURVEYS UNDER THE LAND ACT
Division 1: General
8-1 Definitions
In this Part:
"Act" means the Land Act;
"instructions" means the instructions issued by the Surveyor General under Sections 77 (1) and
77.1 of the Act.

8-2 Surveyor General Instructions and Parcel Designations
Crown authorizing a survey, to obtain specific instructions and parcel designations, prior to
beginning a survey under the Act. (2) A land surveyor must contact the Surveyor General for additional instructions if
conditions on the ground are different from those on the information provided by the
Crown. Division 2: General Survey Principles
8-3 Responsibility of land surveyor
Surveys must be carried out under the personal on-site supervision of the land surveyor signing
the plan who must ensure that the spirit and intent of the Act is reflected in the survey.

8-4 Running of boundaries
(1) Boundary lines of district lots or blocks established by the survey must be marked in a
manner which will allow the boundary line to be identifiable on the ground by the public,
by one of the following methods:
(a) Setting boundary marker posts along the boundary line at intervals of approximately
100 metres apart and blazing the boundary line in accordance with Rule 1-14; or
(b) Cutting and clearing the boundary line of debris to a width of approximately one metre
and blazing the boundary line in accordance with Rule 1-14.

(2) Notwithstanding Rule 8-4(1), where a boundary or boundaries are offset from the
centerline of a road or trail and are generally parallel to the centerline, the boundaries
need not be marked if the offset is 30 metres or less. 8-5 Natural Boundaries
(1) Natural boundaries of rivers that are not readily fordable at ordinary stages of water and
lakes will normally be adopted as part of the perimeter boundary of a parcel under survey,
unless otherwise directed by the Surveyor General.

(2) Natural boundaries of water bodies that are internal to the parcel under survey must be
tied and the area of the water body is to be excluded from the area of the disposition, but
form part of the parcel under survey, unless otherwise directed by the Surveyor General. (3) Water bodies of a temporary or seasonal nature not having a defined natural boundary
need not be tied. 8-6 Foreshore lots
(1) Sidelines of foreshore lots must, if practical, be laid out at right angles to the general trend
of the present natural boundary, unless otherwise instructed by the Surveyor General.

(2) Foreshore lots must be surveyed so as not to encroach on the foreshore fronting adjoining
upland parcels or on any land to which a certificate of title exists regardless of the location
of the present natural boundary. (3) The waterward boundary of a foreshore lot must be a straight line, or a series of straight
lines, connecting the outer ends of side boundaries. (4) If the foreshore lot is located adjacent to a narrow channel, its waterward boundary must
not extend into the navigable part of the channel. (5) If all boundaries of a foreshore lot are below the natural boundary, they must be straight
line boundaries with appropriate directions and lengths.

(6) When surveying a parcel covering filled foreshore, the waterward boundary must be
surveyed as a series of straight lines along the edge of the fill. Division 3: Monumentation
8-7 Corner & boundary posts
(1) Despite the requirements in Rule 2-10(1)(a), multiple adjoining parcels under survey, each
having an area of less than 2 hectares, may be posted such that each parcel has a minimum
of two type 1, 2 or 4 posts with the remaining corners being posted with type 3 or 5 posts. (2) If a right of way boundary is adopted as a boundary of the parcel under survey, posts of
type 1, 2 or 4 must be used.

(3) The intersection of a boundary of a parcel under survey with the boundary of a district lot
or section must be posted with a type 1, 2 or 4 post. (4) If a boundary consists of a series of short lines, corners or deflections may be posted with
type 5 posts provided monuments of type 1, 2 or 4 are set at the main parcel corners and
at intervals of 500 metres or less. (5) The end points of a series of straight lines, establishing the boundary of filled foreshore,
must be posted with monuments of type 1, 2 or 4. All intermediate points may be posted
with type 5 monuments.

(6) If a Land Act plan is prepared, to be followed by a Land Title Act plan for the purposes of
establishing highway, the monumentation requirements of the Land Title Act plan shall
govern for both plans. See Rule 6-2 to determine appropriate monumentation
requirements. 8-8 Foreshore lots
(1) Posts marking the rectilinear boundaries of a foreshore lot must be considered to be
witness posts unless set on a true corner and must be type 1, 2 or 4. (2) Posts set to range the sideline of a foreshore lot are required and must be set upland
of the natural boundary or limit of fill on a production of the sideline and may be of
type 3 or 5 unless marking the corner of a foreshore lot.

8-9 Marking Post Caps
(1) If a parcel under survey has jogs in one or more boundaries, the posts must be
consecutively numbered from "1" upwards. (2) If an existing type 1, 2 or 4 post of an adjacent survey is part of the new survey, the new
parcel designation and appropriate lines must be added to the markings on the existing
post. Division 4: Land Act Plan Requirements
Land Act plan images must contain the following additional information.

8-10 Plan title
A Land Act plan must contain a plan title similar in form to the following:
"Survey Plan of [District Lot or Block] ……….., ................... District"
8-11 Additional plan requirements
(1) Suitable notes or labels providing details of all boundary markings, including where
boundaries have not been marked. (2) Land Act plans must contain a summary of areas. The following shows typical examples:
(a) Survey Plan of District Lot 100, Yale Division of Yale District
Area above Present
Natural Boundary = X
Area of Water body = Y
Total Area of DL 100 = Z (=X+Y)
Note: District Lot 100 under survey.

(b) Survey Plan of Block A and Road, District Lot 100, Cassiar District
Area of Road = X
Area of Bk A = Y
Note: District Lot 100 under Survey
(c) Survey Plan of Block A and Road, District Lot 100, Cassiar District
Area of Road = A
Area of Bk A = B
Area of Water body = C
Total Area of DL 100 = Z (=A+B+C)
Notes: District Lot100, Block A and Road
under survey. Water body is part of the District Lot,
but not part of Block A.

(d) Survey Plan of Blocks A to E and Road, District Lot 100, Cassiar District
Area of Bk A = A
Area of Bk B = B
Area of Bk C = C
Area of Bk D = D
Area of Bk E = E
Area of Road = F
Area of Water body = G
Total Area of DL 100 = H
(= the sum of A to G)
Note: District Lot 100, Blocks A-E and Road under survey. Water body is part of the district lot, but not part of the Blocks. Road includes water body. Area “G” does not include the area of the water body in the Road.

(e) Survey Plan of Block A, District Lot 100, Yale Division
of Yale District
Area of Bk A = X
Notes: District Lot 100 already exists and
Block A is under survey. Water body is not part of Block A
An expression of the area for the creek
running through Block A is not required.

(f) Survey Plan of District Lot 200, and Block A of
District Lot 100 and 200, Yale Division of Yale District
Area of Bk A in DL 100 = X
Area of Road in DL 100 = Y
Area Bk A in DL 200 = A
Area of Road in DL 200 = B
Area of Water body in DL 200 = C
Total Area of DL 200 = D (being A+B+C)
Total Area of Bk A = E (being X+A)
Notes: District Lot 100 exists. Block A, Road and District Lot 200 under survey. Water body is part of District Lots but not part of Block A.

Road includes water body
PART 9 — SURVEYS UNDER THE MINERAL TENURE ACT
9-1 Definitions
"Act" means the Mineral Tenure Act. "cell" has the same meaning as in

Section 1 of the Mineral Tenure Act. "cell claim" has the same meaning as in

Section 1 of the Mineral Tenure Act. "claim" has the same meaning as in

Section 1 of the Mineral Tenure Act. "legacy" has the same meaning as in

Section 1 of the Mineral Tenure Act. "mineral title" has the same meaning as in

Section 1 of the Mineral Tenure Act. "mineral title online grid" has the same meaning as set out in the Mineral Title Online Grid
Regulation (B.C. Reg. 530/2004). "mining lease" has the same meaning as in

Section 1 of the Mineral Tenure Act. "records" includes all documents relating to a tenure held under the Mineral Tenure Act and
available from the Chief Gold Commissioner. 9-2 Requirements for survey
A survey of a mineral title or portion thereof must be conducted when:
(1) required by the Chief Gold Commissioner. (2) required by legislation. (3) ordered by the court,
and may be conducted when requested by the recorded holder of the mineral title. Division 2: Rules for Survey
9-3 Responsibilities of the land surveyor
Under this Part, a land surveyor in accordance with these rules must prepare a plan showing
all or a portion of the ground held by a mineral title.

9-4 Extent of Mineral Titles
The extent of a mineral title shall be defined by:
(1) in the case of cell claims, the mineral title online grid. (2) in the case of legacy claims, by the position shown on a map approved by the Chief Gold
Commissioner. (3) approved surveyed parcel(s) referred to in the Chief Gold Commissioner’s records. 9-5 Rules for Boundary Determination
(1) In determining the boundaries of a mineral title, the land surveyor must be governed by:
a) the Mineral Tenure Act;
b) all pertinent regulations under the Act; and
c) this Part. (2) The land surveyor shall conduct sufficient research and field survey to identify all
conflicting interests that affect or may affect the extent of a mineral title, or portion
thereof, under survey.

(3) The land surveyor must procure sufficient evidence in order to reach a conclusion as to
the true location of the mineral title boundary being surveyed. (4) If a land surveyor is unable to determine the extent of the mineral title pursuant to Rule
9-4, then written direction shall be requested from the Chief Gold Commissioner. Division 3: Monumentation
9-6 Monument placement and types
(1) Sufficient monumentation must be placed to adequately define the boundary or portion
of the boundary being surveyed. (2) Additional monumentation may be placed. (3) All monumentation placed must be of Type 1, 2, or 4.

(4) All monumentation must be stamped with the year of survey, commission number of the
land surveyor, the letters MT, the electronic plan number, and the monument number in
accordance with Rule 9-8(2). Division 4: Mineral Tenure Act Plans
9-7 Title
A plan image under the Mineral Tenure Act must contain the appropriate title similar in form
to the following:
"Plan of Survey of (Part of)(description of mineral title(s) being surveyed), Land District.". 9-8 Additional plan requirements
A plan image under the Mineral Tenure Act must contain the following additional information:
(1) Notwithstanding Part 3, all information shown on the plan image must be expressed
in the UTM projection, specifically:
(a) grid distances;
(b) grid bearings;
(c) areas, based on grid bearings and distances; and
(d) co-ordinates.

(2) Exterior corners and monumentation found or placed must be consecutively
numbered. (3) A table showing:
(a) the number and co-ordinates of all exterior corners on the portion of the
mineral title under survey; and
(b) the number and co-ordinates of all monumentation found or placed on the portion
of the mineral title under survey. (4) Boundaries of cells shown as broken lines within the mineral title being surveyed. (5) The mineral title designation used by the Chief Gold Commissioner. (6) In the case of a survey of all of a mineral title, the total area.

(7) Highways, public roads, forest service roads, Oil and Gas Activities Act roads and other
ways shall be shown as follows:
(a) if an unsurveyed road, forest service road, Oil and Gas Activities Act road, or traveled
road that is not a public highway under the Transportation Act, is located on the
mineral title being surveyed, it must be accurately plotted without dimension;
(b) if a road, located within the vicinity of the survey of a mineral title being surveyed,
has been previously surveyed and a plan of that survey is on deposit at the land title
office or in the Crown land registry, the calculated position of the intersection of each
boundary of the road with the mineral title under survey must be dimensioned; and
(c) for the purpose of determining the boundary of a road located under Rule 9-8(7)(b), if
a road boundary located within the vicinity of the survey of a mineral title being
surveyed has been gazetted at a width greater than that on the previous survey, the
gazetted width applies.

(8) The accurately calculated position of conflicting interests determined in Rule 9-5(2)
and any other surveyed tenures or surveyed interests in the vicinity. (9) If appropriate, a note providing details of any boundaries cut, cleared and blazed. (10) The notation that the plan was prepared under Sections 42, 44, or 45 of the Mineral
Tenure Act, as appropriate, or that it was deposited under

Section 7 of the Land Act is to
be shown on the submission form under electronic submission and is not to be shown on
the plan image. PART 10 — SURVEYS UNDER THE OIL AND GAS ACTIVITIES ACT
10-1 Definition
In this Part, "Act" means the Oil and Gas Activities Act. Division 2: Rules for Survey
10-2 Vertical datum
(1) Geodetic elevations must be derived from the datum and geoid model specified by the
Surveyor General. (2) Elevations must be determined by any survey method that attains the relative accuracy
standard set in Rule 2-1(1). Division 3: Monumentation
10-3 Posting of well sites
If well sites are posted, they must be posted with posts of type 1, 2, 3, 4 or 5.

10-4 Referencing of surveys
(1) Well sites must be referenced by two intervisible monuments, of type 1, 2 or 4, which are
a minimum distance apart of 150 metres, or as required by Rule 10-4(2). (2) Well sites located within surveyed townships in the Peace River Block must be referenced
by ties to at least two existing survey monuments of types 1, 2, 3, 4 or 5 or old style
Dominion iron posts, which monuments mark corners of the section, quarter section or
legal subdivision in which the well is situated or can be related to such corners through
survey plans of record. (3) One of the two monuments referred to in Rule 10-4(1) may be a post set on a corner of
the well site.

(4) A tripod and reference marker must reference a monument referred to in Rule 10-
4(1), where possible. 10-5 Markings
Monuments must be marked in accordance with Rule 1-8 except that monuments required by
Rule 10-4(1) not set on the true corner of a well site, must be marked with the letters "OGA"
followed by the numerical portion of the well name and numbered sequentially. Division 4: Oil and Gas Activities Act Plans
10-6 Title
A plan prepared under

Section 25 of the Oil and Gas Activities Act General Regulation must
contain the appropriate title similar in form to the following:
"Survey Plan of Well Site… ........................................... [insert name of well
site] ........................................................... District"
10-7 Additional plan requirements

contain the following information:
(1) The convergence to be added to or subtracted from plan bearings to obtain bearings to
the meridian through the well centre. (2) The perpendicular offsets from the well centre to the nearest corner of the spacing area in
which the well is situated. (3) a table of balanced UTM coordinates for each traverse station, each monument found or
set, and the well site. (4) The geodetic elevation of the ground at the well position, the corners of the well site and
the monuments required by Rule 10-4. (5) If the well site lies outside the Peace River Block, the petroleum and natural gas grid in fine
broken lines.

(6) If the well site lies within the Peace River Block, surveyed boundaries of the township
system shown as solid lines and theoretical or unsurveyed lines shown as fine broken lines. (7) The vertical datum and geoid model (including epoch) used to derive elevations and the horizontal
datum. (8) In the lower right hand corner of the plan:
Well Authority No. Application Determination No. OGC File No. (if applicable)

Section 514 of local government act
1. Under Sec514 LGA, a person may subdivide the parcel to produce a lot for relative residence. 2. The minimum size of lot is 1 ha. 3. Unless medical health officer approves a smaller lot, new parcel cannot be less than 2500sq
meters. 4. If assessed as farmland, the remainder may not be less than 2ha. Requirement:
1. Must owned parcel for minimum 5 yrs. 2. Purpose must be providing residence for owner or relatives. 3. Cannot be classified as farmland for assessment and tax purposes. 4. The remainder of lot cannot be less than 2ha. 5. No approval if it is agricultural land & created within previous 5 yrs by subdivision under this act. 6.

No approval if is not agricultural land & created by subdivision under this act. 7. Any parcel created must be at least 1 ha, unless approved by medical health officer, but not less
than 2500 sqmt. Rural area subdivision, who is the approving officer, what certificate/declarations needed, who will sign
off?????? Depending on the location, See Sec 77~77.3 of the Land Title Act for approving officers:
Sec 77: Municipal council must appoint an approving officer if the land is within municipality. Sec 77.1: Lieutenant Governor will be the approving officer if the land is within boundaries of
those local governments.

Sec 77.2: MOTI (Ministry of Transportation and Infrastructure) will be the provincial approving
officer, if the subject lot is outside municipal boundaries and within those regional districts and
the islands trust boundaries that have not assumed the rural subdivision approving authority. Sec 77.3: If it’s within Nisga’a Lands, Nisaga’a Approving officer will be appointed by the Nisga’a
Lisms Government. Sec 938 of Local Government Act for subdivision servicing requirements. certificate/declarations:
PLA-preliminary layout approval/review, compliance with local zoning bylaws. surveyor’s certificate
(other possible certificate: environmental assessment certificate, water supply and sewage disposal
certificate )
All parties with a registered interest in the land need to sign off. 6(Campbell River - north boundary)Seyward District - extended to 50th parallel.

If it’s on agricultural land reserve, Sec 21 of the Agricultural Land Commission Act states that owners of
agricultural land may apply to the commission for permission under Sec 25 to subdivide agricultural land. And follow Sec 18 of the Act for Restriction of usage. When subdividing a parcel for a relative of the owner, please name one benefit of this option relative to
such a typical subdivision.? (i don't see any connection between 514 of LGA and ALC)
No need to go through ALC if it is in the agricultural land reserve, which simplifies the application process. Sec 514 of Local Government Act, the application can be an exemption from local zoning bylaw.(ie.

The
lot can be smaller than zoning requirement)
Client has a subdivision for 5 lots, with a 2.5 meters right of way, with an irregular shape of the covenant
for lots 2-5. SRW runs parallel to the front road involving all 5 lots. (in this case, if 5 lots are new posted, we don't need to post the SRW, can we use explanatory plan?????)

Section 113 deals with the deposit and registration of statutory right of way plans

Section 99(1)(e) involves the registrar's authority to accept various descriptions or plans for land under
certain conditions, including the creation of new parcels or rights. (Need to note for covenant/easement
purpose)
a. Give the title for the two plans.????? Consider if the original subdivision plan is either georeferenced, and if the SRW and covenant is in linear
shape, for example, does it have any jogs or in irregular shape. If the plan is not georeferenced and/or the
SRW and covenant are in a complex shape. If it is not the case, then new field work and georeferencing
are required. Therefore an explanatory plan is inappropriate in this case. 1. (for Covenant)Reference plan of part of lot 2,3,4 and 5 of Section …1 Township 1, Pursuant to

Section
99(1)(e))
New postings for covenant is required, because the covenant is in irregular shape. 2. (for SRW)Reference/Explanatory plan of Statutory right of way over part of lot 1,2,3,4 and 5 of Section
… 1 Township 1 X District, Pursuant to

Section 99(1)(e) LTA
Explanatory plan can be appalled by using georeference based on the first covenant plan. or
3. (for SRW)Statutory right of way Plan over part of lot 1,2,3,4 and 5 of Section … 1 Township 1 X District,

Section 113 of LTA. b. Apart from 5 lots’ corners, what posting corner do you need to post? All corners of the irregular shape covenant. SPR2-8 re-establishing boundaries; SPR2-10 setting of posts;
SPR 2-11 posting intersections with R/W, easements and covenants. SPR 5-4 right of way monumentation - posting requirements
(2) if the owner stays the same, only outer corners of SRW are required. (3) if SRW is less than 6m wide, one boundary is required to be posted. See Survey Plan and Rules 5-4 Posting requirement for SRW:. All corners of the irregular shape corner. SPR2-8 re-establishing boundaries; SPR2-10 setting of posts; SPR 2-11 posting intersections with R/W,
easements and covenants.

If RW’s width is 6m or less, it may be posted on one side only, and stay consistent throughout the survey,
in this case, one side of SRW should be monumented based on the question, we only need to show it on
the plan. Both sides of SRW should be posted if the width is greater than 6m at:
1. Where the SRW begins and ends,
2. At each angle of the SRW
3. Where the boundary of the survey intersects any existing surveyed boundary, unsurveyed parcel,
natural boundary of a water body having a width greater than 6m. 4. Both sides of a highway, public road and etc.

If RW is coincident with and parallel to an existing one, and both belong to same owner, only outer
boundaries is required to be posted. c. What headline for title and what you will add on two plans? Apart from subdivision plans.????? 7
1. (Covenant)Reference plan of part of lot 2,3,4 and 5

Section 1 Township 1, Pursuant to Section
99(1)(e)). New postings for covenant is required, because the covenant is in irregular shape. 2. (SRW)Reference/Explanatory plan of Statutory right of way over part of lot 1,2,3,4 and 5 of

Section 99(1)(e) LTA . Explanatory plan can be applied by using
georeferenced based on the first covenant plan. Note on plan: Bearings area grid derived from Plan
EPPXXXXX
or
3. Statutory right of way Plan over part of lot 1,2,3,4 and 5 of

Section 99(1)(e) of the Land Title Act. For Covenant Purposes. Explanatory Plan of Statutory Right of Way:
Bearings area grid derived from Plan EPPXXXXX
This plan is based on following land title and survey authority records: EPPXXXX
Statutory Right Way
SRW question: What is the posting requirement other than 4 corners of the lot? See Survey Plan and Rules 5-4 Posting requirement for SRW, includes all corners of the irregular shape
corner. SPR2-8 re-establishing boundaries; SPR2-10 setting of posts; SPR 2-11 posting intersections with
R/W, easements and covenants. Both sides of SRW should be posted if the width is greater than 6m at:
5. Where the SRW begins and ends,
6. At each angle of the SRW
7.

Where the boundary of the survey intersects any existing surveyed boundary, unsurveyed parcel,
natural boundary of a water body having a width greater than 6m. 8. Both sides of a highway, public road and etc. If RW is coincident with and parallel to an existing one, and both belong to the same owner, only outer
boundaries are required to be posted. If RW’s width is 6m or less, it may be posted on one side only, and stay consistent throughout the survey. See SRP 2-10 & 2-11 for more posting instructions. Create SRW on crown land, who to apply to? Pursuant to which section and act?

Submissions to Surveyor General-“Statutory Right of Way Plans” states that all SRW plans over crown
land must be submitted to Surveyor General prior to submission to the Land Title Office. Surveyor General report-”Land Act Right of Way Titles” States that for creating SRW on crown land, The
title is raised under sec 24 of the LTA Regulations. Sec 40 of the Land Act allows registrar to grant right of
way over crown land. Pursuant to Sec 113 of Land Title Act. See circular letter 475A, and Direction to Land Surveyors 16: Surveys of Crown Land… for more
information. Make application to Surveyor General through myLTSA,

Section 218 Land Title Act. Sec 56 of Land Act - provides authority for the minister responsible for administering the Land Act to
grant a SRW over Crown land to any person for specific purpose, it also sets out requirements for applying
for statutory right of way. 8(Campbell River - north boundary)Seyward District - extended to 50th parallel. Utility company in private lot, why use SRW instead of easement?????? "statutory right of way" means an easement without a designated dominant tenement registrable under

section 218 of LTA, for any purpose necessary for the operation and maintenance of the grantee's
undertaking, including a right to flood. 1. Srw are rights that a municipal or industrial user has over certain lands such as installing pipe,
cables etc. the agreement is binding for all future owners. 2. Easement usually deals with encroachment between property owners, is not attached to the
parcel of land and is only relevant to the individual currently owning it
3. A SRW has no designated dominant tenement. 4. Covenant: exists between the landowner and the municipality or the utility provider. For instance
Sec 219 of LTA.

Because we are having the utility company in a private lot, the company requires the right to use a portion
of the owner’s property to install pipe, cable etc. The agreement is binding for all future owners. Therefore
SRW is appropriate in this case. Easement is more used between two adjacent owners in favor of the dominant tenement for specific
purposes, such as driveway. There must be a dominant tenement and a servient tenement. SRW is often used for public purposes and public benefit, such as construction and maintenance of
utilities, roads, or railways. SRW question with private utility????? a. What is the reason for preparing the SRW plan (not easement plan?) When the agreement is between government/company and private.

Easement is more used between two adjacent owners in favor of the dominant tenement for specific
utilities, roads, or railways. It is an easement without a designated dominant tenement registrable under
Sec 218 of LTA
Easement usually deals with encroachment between property owners. SRW has no designated dominant tenement. Covenant exists between the landowner and the municipality or the utility provider
b. If the SRW cross both crown land and private parcel, what two plans do you need to submit? In addition to the SRW plan.

Pursuant to Sec 113/117 of LTA:
Explanatory/Reference plan, Sec 99(1)(e) of LTA for private parcel
SRW plan, Sec 113 of LTA (for private parcel, urban utilities)
SRW plan in unsurveyed crown land, Sec 113 of LTA( for crown land)
See Sec 116 of LTA - Requirements of statutory right of way plans
Survey and Plan Rules 5-8 Plans crossing both Crown and private land also require that a separate plan
and all RW plans over the crown land must be submitted to the Surveyor General including a proper
notation on the plan.

(1) If a right of way crosses both Crown land and private land, a separate plan must be prepared and
submitted to the Surveyor General in respect of the part of the right of way that crosses Crown land. (2) All right of way plans over Crown land must be submitted to the Surveyor General and include the
following notation on the plan image. This plan is prepared as the Official Plan of the lands shown hereon for the Surveyor General. c. Condition for holding SRW?

Statutory right of way Sec 218(1) of LTA listed the requirements for holding SRW
(1) A person may and is deemed always to have been able to create, by grant or otherwise in favour of
(a)the Crown or a Crown corporation or agency,
(b)a municipality, a regional district, the South Coast British Columbia Transportation Authority, a
local trust committee under the Islands Trust Act or a local improvement district,
9
(c)a water users' community, a public utility, a pulp or timber, mining, railway or smelting
corporation, or a pipeline permit holder as defined in

section 1 (2) of the Oil and Gas Activities
Act, or
(d)any other person designated by the minister on terms and conditions that minister thinks
proper,
(6)“is necessary for the operation and maintenance of the grantee's undertaking”
See circular letter 475A and Direction to Land Surveyors 16,
To hold a SRW, an applicant must make an application to the SG through myLTSA. applicants must
provide information including the explanation of why they require the ability to hold a SRW and describe
the lands affected by their proposed SRW. d. If the SRW crosses two different private parcels, what additional plan do you need? Consent letter from all registered owners. Additional SRW plans may be required.

Sec 116(1)(c) of LTA, the plan must be shown distinctively to all registered parcels. if SRW though
land that has been subdivided. Reference plan, Sec 99(1)(e), posting is required since it’s crossing the boundary line. SPR5-4 for
posting requirements. There is a 7km long powerline SRW. according to SPR, the survey must be geo-referenced,
a. What is the minimum number of points you must geo-referencing for the survey? 3 reference points. SPR 2-2 Georeferencing (2) no more than 3 km between each 2 georeference points. b. When it is impractical to make direct ties to control monuments or RTN(real-time
georeference-network)s, what are other methods?????? GNSS ties to the previous survey plan. (GNSS ties to passive/active controls.) GNSS PPP(Precise Point Positioning) to get georeferenced.

Approximately georeferenced from a download extract of the current parcel map BC fabric
c. Who is the authority to establish the datum for georeferencing? Surveyor General
Part 10 - PRM surveyor general specifies acceptable datum for georeferencing legal surveys in
BC. specifications can be found in Circular letter #463A
Under what section Does SRW on OIL and GAS get registered? Is it the same procedure if the SRW is on
freehold land or crown land? Do we need to register any plans for wellsite locations ( I know we can do
posting plans ) is it mandatory? also which body of government we need to apply to if it is private land or
crown land ? is there any difference?

If you are filing an SRW plan for oil and gas in the LTO then it is the
same as if you do an SRW for sewer lines in municipality ? ???? a. Under what section
Pursuant to Sec 113 of land title Act (see example plans on abcls for UCL)
On crown land: submit to the commission and Surveyor general according to Sec 24(1)(b) & Sec24(3) of
OGA-general regulation, Sec 40 of Land Act and SPR5-8. On other land: submit to the registrar under LTA according to Sec 24(1)(c) of OGA-general regulation
b.

Procedure of getting registered on two different land type
Sec 24 of OGA-general regulation states that within 16 months after completion of the pipeline, posting
survey must be done, if pipeline goes on crown land, submit to the commission, otherwise submit to the
registrar under LTA if the pipeline goes on other than crown land. If on crown land, submit to the commission. Otherwise submit to the registrar under LTA. If it is on crown land, within 30 days of receiving an approval from the oil and gas commission or registrar,
submit the plan to the Surveyor General.

Then it becomes the official plans of the RW through crown land
OIL AND GAS ACTIVITIES ACT GENERAL REGULATION
Pipeline survey
24 (1)Within 16 months after completion of a pipeline, a pipeline permit holder must do the following:
10(Campbell River - north boundary)Seyward District - extended to 50th parallel. (a)complete the surveying and posting of the pipeline right of way according to applicable rules
made under

section 75 of the Land Surveyors Act;
(b)if the pipeline or a portion of the pipeline goes through Crown land, submit to the commission
the plans of the survey through Crown land;
(c)if the pipeline or a portion of the pipeline goes through land other than Crown land, submit to
the registrar under the Land Title Act for deposit the plans of the survey through land other than
Crown land in the form required under that Act. (2)The commission may issue to a pipeline permit holder who submitted plans under subsection (1) (b)
an approval of the plans if the commission is satisfied the plans represent a pipeline approved by the
pipeline permit holder's permit.

(3)Within 30 days of receiving an approval under subsection (2), a pipeline permit holder must submit to
the Surveyor General the approved plans in the form required under the rules referred to in subsection (1)
(a). (4)After approval by the Surveyor General, the plans of Crown land required under subsection (1) (b) are
the official plans of survey of the right of way through Crown land. c. Wellsite location, is it mandatory
In order for a company to get permission to drill a petroleum well a BCLS must prepare a wellsite plan and
have it approved by the Surveyor General. The Petroleum companies have a substantial process that they
need to go through which is managed under the Oil and Gas Activities Act.

You can access site plans
through GATOR if you know the location. d. Which government body to apply to on two different land type, different? On crown land: submit to the commission and Surveyor general according to Sec 24(1)(b) & Sec24(3) of
e. Filing SRW plan on two different land type, different???? I assume they are the same? On crown land: the oil and gas commission and surveyor general. Other land: the land title office
Sec 24 of OGA-general regulation explains that for a pipeline goes through land other than crown, submit
the plan under LTA.

There is no section in LTA discussing registering SRW for Oil and Gas specifically. Therefore, Sec 113 of LTA deals with registering SRW for Oil and Gas and other utilities outside of crown
land. If SRW is on crown land, submit to the oil and gas commission for the plans within crown land. According
to Sec 40 Right of way and Easement of Land Act. Survey and Plan Rules 5-8 requires that a separate plan and all RW plan over the crown land must be
submitted to the Surveyor General including a proper notation on the plan.

Boundary re-establishment
PRM 8-1
(4) measurements shown on the original plan and/or field notes. fill out is that apply to s68, or s100(1)(a)
a. Lots of post are missing -> could be both PP (City block with lots of adjacent evidence) and Ref
plan(older plan with no new survey))
Reference Plan Pursuant to Sec 100(1)(a) of Land Title Act. 11
lots of monumentations are missing, the boundaries needs to be re-established. 1.extend the survey area and search for its parent plans or any related plans in the survey area to look for
more evidence to support the boundary division.

2. follow the hierarchy of evidence and look for the previous surveyor's note or oath if there are any. b. City request the lot corner to be posted
S68 not affecting the title. Special survey?? See Part 23 of LTA. c. Lots of adjacent owner not willing to sign the plan
S68
Because Sec 100 of Land Title Act requires consent of all affected parties (owners, charge holders, etc.) in Sec 100(4)(a)
Because Sec 100(4)(a) states: the application form is required to be signed by the owner(s).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. d. fill out blockoutline survey posting.

Sec 68, pursuant to Sec 69 of Land title Act, the posting plan must comply with all requirements of the act
for a subdivision or reference plan except the signature of the owners and the approval of approving
officer. s69(block outline posting plan)
e. Only asked to check if all posts are still in good condition -> PP
Sec 68, because it does not affect the title. f. Fill out block outline posting -> RP
Pursuant which section of LTA for the following scenario. You are completing work related to a plan prepared using the block outline provision, a potential
discrepancy exists in the description of the land and the landowner wants a clear definition.????? S69
Apply to SG for block outline plan.

Posting is required within 1 year after registering the block subdivision
plan. If it runs over 1 year, apply for an extension. See Chap 8-”principles of boundary survey” of PRM for discrepancy between legal description and the
measurements. Pursuant to Sec 100(1)(a) to re-establish the boundary for clarity purposes, and register a reference plan
with proper monumentation according to Sec SPR
When re-establishing city block boundaries surveyed back in 1914, there’s no legal survey posts
remaining.????? a. How will you do the research? Talk to local land surveyors, parcel map BC search for neighbours' plans, city survey
record(building permit), GATOR search for crown grant information, surveyor general/ABCLS
library for field notes and sketches.

parcel map BC search for neighbours' plans, city survey record(building permit), GATOR search
for crown grant information,
2-8 of SPR & Interpretive bulletin-“re-establishing boundaries and survey evidence” requires all
evidence adjacent to the survey must be tied and considered in the determination of boundaries. Look for Hierarchy of evidence in PRM8-1. b. Other considerations besides legal evidence? field note, sketch. Talk to local land surveyors, surveyor general/ABCLS library for field notes and
sketches. Occupied evidence, neighbour oaths,
12(Campbell River - north boundary)Seyward District - extended to 50th parallel. 2-8(5) of SPR requires all evidence adjacent to the survey need to be tied, and re-establish
according with common law, hierarchy of evidence(Chap 8(1)(1) of PRM) and land survey act. ISA (Integrated Survey Area) Official Plans records coordinates of boundaries.

2-7 of PRM, use coordinates as evidence,
Sec 323 of LTA, if discrepancy or doubt exists, the minister may order a special survey, and get
approved by SG. c. Discover an unregistered post, what are the 2 steps to determine the origin of the post? Firstly, discover the condition(old or new). If New: registering process. If Old: check the city's record, SG office/ABCLS library. d. How you mark on the plan. Put the Letter “U” beside the unregistered Monumentation, and add “U” in the legend: U Denotes Unknown
Origin/Unregistered
Found two posts that are close to each other, 15 cm apart. One is older, and the other one is newer. The
calculation/resolved boundary agrees with the newer post. There is a posting plan done 3 years ago. ?

???? a. What other 2 documents needed to be verified? (Original parent plan that created the corner. And any subsequent plans that may have
replaced the corner later, including posting plan and city’s records)
Field Note, Filed Sketch, posting plan, original plan. b. Which one would you hold? If there is nothing suggests that the original post was discovered and calculated. I could mean the old one
was not found by the surveyor three years ago, in this case,
Look for the origin of the old post, it could be the original post or offset post. Speak with the surveyor who
did the posting, asking for the reason he put a new post.

if it is the original monument I would hold the
original one, because the posting plan, unlike the reference plan, does not define the title. If all evidence suggests a new one fits the best. I would hold the new post. Many surveyors do not record NF for property corners when there’s nothing found. Chap 8(6) of PRM talks about the court case Richmond Hill Furriers vs. Clarissa Developments Inc. which
suggests that when there is an ambiguity, hierarchy of evidence can apply. If the old post cannot
represent the original registered plan, and there is no ambiguity result from the boundary resolution,
Be aware that unlike Reference Plan, Posting Plan does not re-establish the boundary and re-define the
title.

c. Can you remove one in 2, and explain why?????? No, we cannot remove it, but we can label the extra one on the plan. Surveyors cannot remove posts that
were done by other surveyors previously without notification from the land title office. First , I must find the origin of the monument and purpose of the post. Previous surveyor may already
have tried that post, so I cannot remove any. If modified posting, follow SPR rule 3-5(8) with statement on plan: Modified monumentation has been
approved for this survey. If it is a monument from special survey, surveyor has obligation to remove conflicting monuments, follow
Sec 361 of Land title Act. d. Who do you need to inform about such a situation?

Inform the Practice Advisory Department as stated in Interpretive bulletin-“re-establishing boundaries and
survey evidence”
13
(On the legal plan, we will denote the post as being off with bearing and distance. Also, we could contact
the surveyor
who set the post and go over the boundary resolution)
Inform the land title office. (1. Must find the original plan that created the lot and any subsequent legal plans after that including posting
plans
2. Understand the boundary resolution done by the original surveyor. 3. Identify the legal plan that posted the newer pin which agrees with the rest of the survey. 4.

Ensure this legal plan had a resolution based on the original plan following the “footstep of the original
surveyor” If it is, I would hold the newer pin. 5. Definitely check the certificate of titles for any charges(this new pin may be delineating the SRW for the
lot))
Blockoutline Survey
Block outline question
a. Name two plans that you need for block out line????? Block Outline Posting Plan/(Posting Plan of Subdivision Plan) Pursuant to

Sec. 69 LTA (Block outline
posting plan)
Reference Plan Pursuant to

Sec. 100(1)(a) LTA (Re-establishment boundaries)
Or
Block outline Plan (title: Subdivision Plan)…(Pursuant to Sec 67 of the LTA)
&
Block outline Posting Plan (title: Posting Plan of Subdivision Plan)… Pursuant to

Section 69 of the LTA. (Block outline subdivision plan & Block outline posting plan Sec69)
b. Who do you make the application to? circular letter 461 b - Applications must be submitted through myLTSA to Surveyor General. The land
surveyor must make all reasonable efforts to ensure their control monuments will survive the
construction activities and are positioned to provide a solid control network for posting after construction
is complete. If the survey is located within an Integrated Survey Area (ISA), there may be an opportunity to
use ISA monuments as block outline control monuments as long as the ISA monuments are located

Once the application is approved, submit the deferred method of posting through myLTSA and a letter of
utilizing the deferred method of posting to myLTSA. Additionally a letter of undertaking posting within one
year. Surveyor General - Sec69(5) SG must require the surveyor to complete the final posting during specific
period of time. c. Are you allowed to request an extension? how? 1. The surveyor should make application to Surveyor General for an extension. The surveyor General
extends the date for completion in special circumstances. circular letter 461 b - The Surveyor General may grant an extension of time for completion of posting.

The
request for extension, must clearly state the reasons for the request, must be submitted for consideration
at least one month prior to the expiration of the originally approved time period. Applications for
extension should be sent by email to surveyor.general@ltsa.ca. See “Submissions to Surveyor General”-”Block Outline Surveys” for application details
14(Campbell River - north boundary)Seyward District - extended to 50th parallel. Blockout line survey, name two benefits of it. Making all posts easily to be found and easily accessible for future works. PRM Chap 8-5 states that the block outline subdivision plan can be registered with only control
monuments sets, which increase the survivability of the monumentations. Before the posting, the parcels are created, utilities can be installed and final site grading can be

Road
Something about the Road, ownership of the road. Consult what public authority? a. In the incorporated area, the highway
PRM 15-4(1) - Owned by local government except arterial highway, except one exception in Sec 35 of
Community Charter)
provincial government or consult MOTI - ministry of Transportation and infrastructure
b. Outside the incorporated area, the road
Chap 15 Part 4 PRM - The administration and control of Public Roads outside of incorporated areas is
with the ministry responsible for Crown lands, currently the FLNRORD (Ministry of Forests, Lands, Natural
Resource Operations and Rural Development). There is a compelling and as yet unresolved argument that
Public Roads that are located within an incorporated area belong to that local government.

the practice advisory manager of the association's practice advisory department or surveyor general. c. In the incorporated area, for secondary roads. Definition of “secondary road”? “Municipal Gazetted Road” - local municipality
(Regional district office and municipality)consult the local municipality. Public roads (outside of the incorporated area), ‘“Travel ways”, “ways” and “transportation
corridors”(within or outside of incorporated area) - FLNRORD now splitted into two ministries.

PRM 15-4
If it’s ‘“Travel ways”, “ways” and “transportation corridors”, unless the control of them has been
transferred, are under the ministry responsible for crown land (FLNRORD) Chap 15 Part 4 PRM
d. Highway in a rural area
Chap 15 Part 4 PRM - Highway outside of incorporated areas are owned by the British Columbia
Transportation and Financing Authority, which in turn is owned by the ministry responsible for the
highways, currently the Ministry of Transportation and Infrastructure. Highway outside of incorporated areas
highways, currently the Ministry of Transportation and Infrastructure. Road question
1.

Secondary road in the municipality within the regional district. Who do you contact? For road
info ownership
(Regional district office and municipality)consult the local municipality. Definition of “secondary road”? “Municipal Gazetted Road” - local municipality
corridors”(within or outside of incorporated area) - FLNRORD now splitted into two ministries. PRM 15-4
2. Highway in rural areas who do you contact?

15
highways, currently the Ministry of Transportation and Infrastructure. Strata
1. While doing a topographic survey for a strata area, the neighbour approaches and asks what we are
doing. How do you respond? 1. Not to disclose any personal or confidential information of the client as per the code of ethics, I can
only disclose whatever the public can see. 2. explain to the neighbour that I am doing land survey work in the area, and the nature for surveying in
this area. 3. show neighbour documents and license needed for conducting survey works here. 4.

Sec 59.1 tells the right for surveyors to enter the land designated by BCLS. Land surveyors entitled to enter the land
59.1 (1)
A practising land surveyor engaged in the practice of land surveying, or a person performing, for a
practising land surveyor, duties in relation to the practice of land surveying, must be permitted to
pass over any land without hindrance from any person.

(2) On the request of an occupier of land or a person authorized by an occupier of land,
(a)a practising land surveyor entering or on the land must show identification and proof that
the land surveyor is registered with the association as a practising land surveyor, and
(b)a person entering or on the land and performing, for a practising land surveyor, duties in
relation to the practice of land surveying must show identification and proof that the person
is acting for a practising land surveyor. (3) Subsection (1) ceases to apply to a practising land surveyor, or to a person performing, for a
practising land surveyor, duties in
relation to the practice of land surveying, who fails or refuses to comply with subsection (2). 5.

Sec 59.2 of Land Surveyors Act, 59.2 explains the penalty to refuse
A person commits an offence who
(a)
refuses to permit a practising land surveyor engaged in the practice of land surveying, or a person
performing, for a practising land surveyor, duties in relation to the practice of land surveying, to pass
over any land, or
(b)
interferes with a practising land surveyor engaged in the practice of land surveying or with a person
performing, for a practising land surveyor, duties in relation to the practice of land surveying. What forms do you need to register a strata plan? Authorization letter if registering on behalf of the client. See Chap 9-1(4) of PRM for plan requirements.

Chap 9-1(6)PRM requires no matter what type of strata plan is being prepared, it is usually land surveyors
are responsible to prepare Form V (schedule of entitlement) and Form W (Schedule of Voting Rights),
however it is also possible that one or both of these forms are prepared by others. Others that are included but not limited to Form B, E, S, T, U, X, Z(if not electronic). Sec 14.5 of Strata Property Regulation - Approvals and endorsements requires different Forms to be
prepared depending on the types of the strata. 16(Campbell River - north boundary)Seyward District - extended to 50th parallel. (1)The approval of a phase in a phased strata plan required by

section 244 (1) (h) of the Act, must be in Form Q. (2)The approval for common facilities required by

section 244 (1) (h) of the Act, must be in Form R.
(3)The endorsement of nonoccupancy required by

section 244 (1) (i) (i) of the Act, must be in Form S.
(4)The approval of the approving authority required by

section 244 (1) (i) (ii) of the Act, must be in Form T.
(5)The endorsement of the British Columbia land surveyor referred to in

section 244 (1) (f) of the Act
must be in Form U. Accompanying documents Sec 14.6
(1)The mailing address of the strata corporation, required by

section 245 (c) of the Act to
accompany a strata plan tendered for deposit, must be set out in Form X. (2)Any bylaws that differ in any respect from the Standard Bylaws, required by

section 245 (d) of the
Act to accompany a strata plan tendered for deposit, must be set out in Form Y. Application to deposit strata plan Sec 14.9 Every strata plan tendered for deposit and registration
must be accompanied by
(a) unless the plan is in electronic format, an Application to Deposit Strata Plan in Form Z, signed by
the person applying to deposit the strata plan or by the person's agent, and
(b) the duplicate indefeasible title covering the land if it is not already in the land title office. [en. B.C. Reg. 295/2006, s. 6; am. B.C. Reg. 64/2021, s. 3.] (221 Deposit Of Phased Strata Plan In Land Title Office
Documents Attached to Form P
Form B: information certificate. Form E: certificate of strata corporation.

Form P: phased strata plan declaration. Form Q: ENDORSEMENT OF APPROVAL FOR PHASED STRATA PLAN
Form R: ENDORSEMENT FOR COMMON FACILITIES IN PHASED STRATA PLAN
Form S: ENDORSEMENT OF NON OCCUPANCY
Form T: ENDORSEMENT BY APPROVING AUTHORITY
Form U: ENDORSEMENT OF SURVEYOR
Form V: schedule of entitlement. Form W: Schedule of Voting Rights
Form X: Strata Corporation Mailing Address
Form Y: Owner developer’s notice of different bylaws
Form Z: application to deposit strata plan. a. What additional forms do you need if it is the first phase of a phased strata? Developers must file Form P with the application to deposit the first phase of a phased strata plan.

Other
additional Forms also includes Form Q, R
See Sec 221 of Strata Property Act for depositing phased strata instructions. Form P requires the following documents: (1) a sketch plan; (2) a schedule setting out the number of
phases in the order in which they will be deposited, specifying any common facilities to be built in
conjunction with particular phases; (3) a schedule setting out the estimated date for the beginning of
construction and completion of construction of each phase; (4) a statement of unit entitlement of each
phase and total unit entitlement of the completed development; and (5) a statement of the maximum
number of units and general type of residence or other structure to be built in each phase.)

Form P, Phased Strata Plan, Form Q, P, R, T, S, U See Part 13 of Strata Property Regulation. b. What are forms S, U1/U2 for? Form S (Endorsement of Non-Occupancy): This form is used by a British Columbia land surveyor to certify
that the buildings included in the strata plan have not been previously occupied as of a specific date. This
certification is required under

Section 241 and Regulation Section 14.5 (3) of the Strata Property Act. The
17
endorsement must be dated not more than 180 days before the date the strata plan is tendered for
deposit . Form U (Endorsement of Surveyor)
U1 is used by a BCLS to certify that the building shown on the strata plan are within the external boundary. U2 is to certify that certain parts of the building are not within the external boundary, necessary
easements are registered.

Form U (Endorsement of Surveyor): This form is an endorsement by a British Columbia land surveyor
certifying two main points: (1) that the buildings shown on the strata plan are within the external
boundaries of the land subject to the strata plan, and (2) if applicable, that certain parts of the buildings
are not within the external boundaries but appropriate and necessary easements or other interests are
registered. This form is specified under

Section 244 (1) (f) and Regulation Section 14.5 (5) of the Strata
Property Act . strata entitlement question. a. When is it ideal to have unit entitlement as 1 for all lots? (Bareland strata. A significant difference is that a strata lot is a parcel of land together with an interest in
the common property as opposed to a volumetric area that is part of a building and referenced to walls,
floors and ceilings)
1. According to

section 246(3)(a)(ii) of the Strata Property Act, (lots with single-family homes in
bare land subdivisions are determined by the whole number that is the same for all lots), can be
ideal in situations where all lots are of similar size and value, and where owners agree that an
equal share in the common property and responsibilities is fair. 2. Sec 246(6)(a) of SPA requires Bare land Strata to have it the same for all lots. 3. As outlined in

section 246(3)(b) of the Strata Property Act, Unit entitlement for non-residential
building lots (whole number that is the same for all non-residential lots), each unit might have
similar value and usage, making equal shares in common property and expenses reasonable. b. When is it ideal to round the area to the nearest whole number for unit entitlement? (In a bareland strata, it is equable for each strata lot to have the same unit entitlement. Lot sizes for each
strata lot are similar (more or less), and the strata plan does not show)
When different units have different shares of the property and have different accessibility to common
facilities and amenities. Each strata lot has different sizes, values and contributions to the property.

Rounding the area to the
nearest whole number for unit entitlement helps to split the responsibility and ownership of the whole
property. (residential)

section 246 (3) (a) (i) of the Strata Property Act : unit entitlement should be the habitable area,
measured in m^2, rounded to nearest whole number. (non-residental)

section 246 (3) (b) (i) of the Strata Property Act ”: unit entitlement should be the total area
of the strata lot, measured in m^2, rounded to the nearest whole number. When preparing a strata plan for an existing duplex.????? a. Who will be the approving officer, please give a reason for it. Find out if it is “previously occupied” according to Sec 14.1 of Strata Property Regulation. If it is, see Strata Property Act 242-Approval for conversion of previously occupied buildings for approving
authority
G: If the land is located within a municipality, the municipal council acts as the approving authority.

If the land is located in a regional district but not in a municipality and is neither Nisg̱a'a Lands nor
treaty lands of a treaty first nation, then the regional board of the regional district is the approving
authority. If the land is located within Nisg̱a'a Village Lands, the Nisg̱a'a Village Government is the approving
authority. 18(Campbell River - north boundary)Seyward District - extended to 50th parallel. If the land is Nisg̱a'a Lands other than Nisg̱a'a Village Lands, the Nisg̱a'a Lisims Government is the
approving authority. If the land is located within the treaty lands of a treaty first nation, then the governing body of the
treaty first nation is the approving authority .

The reason for this setup is to ensure that the conversion of existing buildings into strata property
complies with local governance and regulations. This localized approach helps tailor the approval
process to the specific legal, environmental, and social contexts of the area in which the duplex is
situated. (Strata plan for an existing duplex is an application for a conversion of a previously occupied building. the
approving authority to consider when requested to endorse a strata plan with Form T for conversion of a
previously occupied building. the municipal council of the municipality if the land is located in a
municipality, Strata Property Act 242, Conversion of Previously occupied building)
b. One bent OIP was found at one property corner, while other OIPs are in good condition.

What
plan do you need to register and how to note such OIP????? Strata Plan(SPR 7-2 parent plan needs to be fully monumented)
Posting(Pursuant to Sec 68 LTA)/Reference Plan (Pursuant to Sec 100(1)(a) LTA)Land Title Act is needed. See Interpretive bulletin-Strata Plan Parcel for more details. According to SPR 7-2, parent parcel should be properly defined and monumented, authorized by Land Title
Act instead of Strata Property Act. (1) The parent parcel has been fully monumented. (2) Any boundary discrepancies have been resolved. (3) Natural boundaries must be based on their present location. SPR 7-3(3) Field Procedures …any parent parcel corners has been destroyed must be reset…
If the OIP can be adjusted to the correct location. it needs to be adjusted and note: "restore".

See Practice
Advisory bulletin-”Assessment and Interpretation of Survey Evidence” for details. Otherwise, it can be noted as "IP Fd, Base" which means the base of the OIP is measured with bearing and
distance to the true corner noted on the plan. Strata Property Act. a. Name 1 strata that do not need an approving officer. ? ??? G: A strata plan that does not need an approving officer includes a previously occupied building and is
applied for by the government or the Crown in the right of Canada. This is specified in

Section 242(11) of
the Strata Property Act . In Sec 244(1)(i): If the building has not been previously occupied, the strata plan can be endorsed by a
BCLS. Previously occupied is defined in Sec 14.1 of Strata Property Regulation. Conventional single-phased building strata plan, that the building is not previously occupied. (Conventional single-phase building Strata plan)not previously occupied building strata don’t need an
approving officer
b. Can bare land strata be divided? (Yes, Using

section 259 of SPA, we can amend the strata plan to divide a strata lot. (also See PRM,
Appendix B-23) - See ABCLS sample plan. From Strata Property Act,

Section 259, Subdivision, Reference, or Explanatory Plan
In determining whether a subdivision, reference, or explanatory plan is required, the registrar considers
the location of previously defined buildings and boundaries and whether the plan is a bare land strata
plan.) Sec 259 Strata Property Act,
1. If they are owned by the same person and holders of registered charges against the strata lots
have dealt, to the satisfaction of the registrar, with the issue of the priority of their interests as
they will apply to the consolidated strata lot. 2. If a strata lot being divided includes a building that was not shown on the strata plan at the time
the strata plan was deposited, sections 241 and 242 apply. 19
3.

section 260, a resolution approving the
amendment must be passed by a unanimous vote at an annual or special general meeting; must
apply accompanied with a subdivision/reference/explanatory plan. c. Can we build a building on a bare land strata??? ?

Section 259 (5), A strata plan may not be amended to divide a strata lot if the amendment results in a
strata plan containing both bare land lots and non-bare land lots, which mean that they cant coexist. No, we can’t, because by depositing bare land strata we are creating a strata corporation and for the
second one we can’t create another strata corporation for the second one. d. Is there a minimum size requirement for building under the Strata Property Act? Unlike zoning bylaw, there is no restriction on the building size under SPA.

There is a minimum lot size on bare land strata but the approving officer can approve it if the total
average of strata is not less than the minimum (Sec 2 bare land strata regulation)
average of strata is at least the minimum lot size specified by the bylaw. Bare land strata Regulation

Sec.2(2) -(2)
Notwithstanding subsection (1) (a), where a zoning bylaw sets out minimum lot or parcel sizes, the
approving officer may approve a bare land strata plan containing strata lots of less than the permitted size
so long as
the total area of the land in the bare land strata plan (exclusive of those portions intended to provide access
routes) divided by the number of strata lots intended to be created is not less than
where the bylaw specifies a minimum lot size but no average lot size, the minimum lot size so specified, or
where the bylaw specifies a minimum lot size and an average lot size, the average lot size so specified, and
G: The Strata Property Act does not explicitly set minimum size requirements for buildings; instead, such
matters typically fall under local municipal or regional district zoning bylaws and building regulations.

However, for the development of bare land strata plans, approval must be granted by an approving officer,
and such plans must conform to relevant municipal or regional district zoning bylaws and development
permits to be approved. This includes adherence to any regulations regarding minimum lot or parcel sizes
as per the applicable zoning bylaws, which indirectly could influence the size and characteristics of
buildings constructed within those strata lots. Therefore, while the Strata Property Act itself may not specify minimum building sizes, the approval of
bare land strata plans, including building developments, is contingent upon compliance with local zoning
regulations that may dictate minimum building sizes or other criteria related to building construction and
land use . Strata question
a.

When can we build conventional strata buildings on bare land????? No, we cannot build strata buildings on bare land strata.

Section 259 (5). The Strata plan may not be amended to divide a strata lot if the amendment results in a
strata plan consisting of both bare land and non-bare land lot
b. Any restriction on the maximum size of the building on the Strata Property Act? Unlike zoning bylaw, there is no restriction on the building size under the Strata Property Act. Sec 2 Bare land strata regulation
There may be a minimum lot size on bare land strata but the approving officer can approve it if the
average lot size is more than the lot size meets the requirement, and the setback of the building meets
the zoning bylaw requirement.

c. What are 3 types of plans that can be done if a client wants to build and sell 3 sets of duplexes
separately? Air space plan, phased-bare land strata plan, phased strata plan. conventional strata plan won't work because for conventional strata plan registration, all 3 buildings have
to be registered at the same time. 20(Campbell River - north boundary)Seyward District - extended to 50th parallel. Subdivision 3 sets of duplexes into three separate parcel can be achieved by registering a subdivision
plan pursuant to Sec 67 of Land Title Act compliance with the local zoning bylaw.

For building strata development, what you might do differently in defining the boundaries, between a
building strata consisting of buildings containing only 1 strata lot each, versus buildings containing 2 or
more strata lots, and provide 2 reasons.????? Multiple lots - the exterior wall is usually considered as a common area, Ceilings, walls and floors can be
the boundary between strata lots. Detailed plans and descriptions are required to distinguish between
common property and individual strata lots. Single lot- the exterior wall is included in the lot, instead of a common area. It simplifies legal and
maintenance issues as each lot is self-contained.

Two Reasons:
Maintenance and responsibility:
single strata lot - the owners are responsible for the maintenance and repairs of the entire building since it
lies entirely within their strata lot. multiple units - maintenance responsibilities are usually divided between the interior of individual units
(handled by the owner) and common spaces (handled collectively by all owners). Insurance and property valuation:
single strata lot - covers the entire building structure
multiple units - need to purchase insurance separately for the interiors of their own units, and share the
costs & value for common areas. Details about the definition of common property, common asset, common expenses and insurance in
Strata Property Act. Interpretive bulletin-Strata boundaries, SPR 7-1, 7-4 7-5(3) and 7-6(1) tells more about strata boundaries.

G:
In bare land strata, each building is a separate lot, including exterior walls, promoting clear ownership and
simpler management. In conventional strata, boundaries within a building are set by interior walls, with the exterior considered
common property, leading to complex management due to shared spaces. This affects legal and financial
responsibilities and can result in disputes. Bare land strata: The building contains only 1 strata lot each, the exterior wall is included in the lot,
instead of a common area. Reason: it has individual ownership, in single-lot strata buildings, there is a clear demarcation of
ownership and responsibility. This simplifies legal and maintenance issues as each lot is self-contained.

With each building being an independent strata lot, the governance structure can be simpler, each building
can be managed independently, which may lead to more straightforward decision-making processes. Conventional building strata: when dividing lots within the same building, the exterior wall is usually
considered as a common area. Ceilings, walls and floors can be the boundary between strata lots. Detailed plans and descriptions are necessary to distinguish between common property and individual
lots, which can be complex due to shared spaces such as hallways, elevators, and recreational facilities. Reasons: with multiple strata lots within a single building, there is an increased complexity due to shared
common areas and facilities. Clearly defining boundaries is crucial for determining maintenance
responsibilities, especially for common areas versus private lots.

The definition of boundary affects legal
and financial responsibilities, particularly in relation to insurance, reparis, and renovations. Mistakes or
ambiguities in boundary definition can lead to disputes among lots owners and complicate management
and governance. 21
Crown Land
Crown grant shows a river in the color of Blue, but there's no sign of a creek on the ground. a. What section and which act allow you to include the creek bed? Since there’s no sign of creek, it is considered as “reliction” in PRM 8-4(2)
According to

Section 55 of Land Act: if crown land is or has, before March 27, 1961, been disposed of by
the government by crown grant, and if the waterbody is marked in any color other than red, the waterbody
will not be included in the crown grant. In the case of originally crown land:
As per Circular Letter 477A explains details about allowing the parcel owner to obtain the land caused by
receding of river or stream from its usual watermark. The new land can be converted into a certificate of
title through an application to Surveyor General. Pursuant to 94(1)(c) of the Land Title Act. Also stated in PRM - Reliction.

Sec 94 of Land Title Act allows Surveyor General to endorse on plan a certificate to show a water
boundary that differs from the water boundary shown on the plan already deposited on which the present
title is based. Also for adjusting boundary:
Circular Letter 470 explains details about allowing the parcel owner to obtain land for the purpose of
adjusting natural boundaries. Land surveyors should proceed with an application to Surveyor General in

section 94(1)(d) of the Land Title Act. Also, Sec 58 of the Land Act allows individuals to obtain land from the crown if the minister considers it
advisable, and endorses a declaration on the plan that the land is included in the grant or need not be
retained by the government. The application should include the declaration of intention when submitted
to the administrator. In the case of originally SRW:
Surveyor General Articles-“The River Has Moved” explains a similar case:
Pursuant to Sec 118 of LTA serves to convey the land to the owner. See Land Act Crown Land Fees Regulation for application fees. b. To whom the application is made? What goes on the subdivision plan? To Surveyor General.

Circular Letter 477A explains details about the application procedure. Surveyor General is the decision
maker under Sec 94(1)(c) and 118(1) of the land title Act. Define if it is a lawful accretion or natural boundary adjustment. As per SPR 4-2(4)(a):
"The unregistered land included within this plan is accreted land.”
According to 3-13 SPR: If it is on a posting plan, it must note on plan: the natural boundary is not
coincident with the natural boundary according to the registered plan. Be aware that according to circular letter No 475A. Prior to undertaking any survey of crown land, an
application must be made to the surveyor general for survey instruction. 22(Campbell River - north boundary)Seyward District - extended to 50th parallel.

Sec 58 of Land Act
(2) The application must be accompanied by a print of the proposed plan of subdivision. allows individuals to obtain land from the crown if the minister considers it advisable,
(3) endorse a declaration on the plan that the land is included in the grant or need not be retained by the
government. The application should include the declaration of intention when submitted to the administrator. The application is made to the local govenrment. Agricultural Land Reserve
ALR questions?????? a. Where do you submit your online application? G: Provincial Agricultural Land Commission (ALC) Application Portal
(Log in to the ALC Application Portal Submit the application to your local government through the
Application Portal)
To the ALC (Agricultural Land Commission) website.

Must apply through the appropriate regional district
director to cancel the covenant or condition. a. If you are submitting the subdivision application on behalf of your client, what other document
do you need to submit? ALC government BC - required document (on website) requires “primary contact authorization letter” must
be provided if:
More than one owner is associated with the parcel, or
Parcel is owned by a private organization, or
Parcel is owned by the government, or
The application is being submitted by third-party agent (BCLS), or submitted by local government
or First Nation government staff. b. Name two documents you need to submit your application to ALC. (appropriate supporting documentation (e.g. Certificate of Title, Agent Authorization,
Sketch Plan, site photo))Sketch plan and site photo.

Certificate of the title. Recent copy of title, primary contact authorization. See ALC website - application process for details. Firstly identify the type of application:
For Non-farm use application: certificate of title, primary contact authorization, sketch plan. For subdivision, transportation and utility use, inclusion, etc: certificate of title, primary contact
authorization, sketch plan. Inquiry about some approvals may be required: ministry of transportation and
infrastructure, ministry of health, etc. For Exclusion: only be submitted by provincial, local government, etc. who own the land under application
to Sec 29(1)(a) of the ALC Act. Application Form:
Start by filling out the official application form provided by the Provincial Agricultural Land Commission
(ALC).

This form collects essential information about your proposed land use, your background, and your
intentions for the agricultural land. Proof of Ownership or Lease:
If you own the land, provide documents that prove your ownership. This could be a land title certificate or
other legal documents. If you’re leasing the land, include a copy of the lease agreement or any relevant documentation. Site Plan or Survey Map:
Create a detailed site plan or provide a survey map of the land. This plan should indicate the boundaries,
existing structures, water sources, access points, and any other relevant features. Highlight the area you intend to use for agricultural purposes. Business Plan:
Develop a business plan that outlines your agricultural activities.

Include details about the crops you plan
to grow, the livestock you intend to raise, and any other farming practices. Describe your long-term goals, marketing strategies, and financial projections. 23
Environmental Impact Assessment (if applicable):
Depending on the scale of your agricultural project, you may need to conduct an environmental impact
assessment. This assesses the potential effects of your activities on the environment. Provide any relevant reports or studies related to environmental impact. Financial Information:
Provide financial details related to your agricultural venture. This may include budgets, funding sources,
and investment plans. Show that you have the resources to manage the land effectively. Supporting Documents:
Include any other relevant documents that strengthen your application. For example:
Letters of support from local agricultural organizations or community members.

Photos of the land and existing infrastructure. References from professionals in the field. The account you need for any application for ALR. A basic or business BCeID for online ALC Portal
On ALR, give 2 examples creation or recognition of parcels that do not require going through ALC(sec
10(1) of ALC Act)
Under

section 3(2) of Agricultural Land Commission General Act, you can perform a subdivision within the
ALR without going through the commission but send a copy of endorsed subdivision plan, if the
subdivision does one or more of the following:
(a)The following types of subdivision are permitted for the purposes of subsection (1) (a):
(I) consolidates 2 or more parcels into a single parcel
(II) establish a legal boundary along the boundary of the ALR
(III) resolved a building encroachment on a property line if no additional parcels are created
(b)a subdivision for which all of the following conditions are met:
(i)the agricultural land to be subdivided involves not more than 4 parcels, each of which is a
minimum of 1 ha;
(ii)on subdivision, there would be no increase in the number of parcels and no parcel would be less
than 1 ha;
(iii)the subdivision would allow for boundary adjustments that, in the opinion of the approving officer,
will enhance farming on the agricultural land or permit better use of structures used for farming.

Sec514 local government act. Consolidation, without changing the usage of the parcel. Delegation of powers respecting applications
Sec 26 of Agricultural Land Commission Act
(1)The commission may enter into an agreement with any of the following to enable a first nation
government or an authority to exercise some or all of the commission's power to decide use or
subdivision applications:
(a)a first nation government, for applications made in respect of settlement lands within the
jurisdiction of the first nation government;
A rural landowner approaches, there’s a trail used by a neighbor who owns the lake nearby, and accesses
the trail frequently. But there's trespassers using the trail all the time.

The owner wants to build a gate
on the trail and give keys to the neighbors in order to stop the trespassers. The title only includes the
mortgage interest. a. What are the three additional documents you want to check the owner's parcel?????? Certificate of the title, any easement/SRW registered in the local municipality, original crown
grant. The location of the parcel, find out the governing body(e.g., which Municipality, regional district or
islands trust). 24(Campbell River - north boundary)Seyward District - extended to 50th parallel. Identify local policy regarding to accessibility and trespassing
Sec 57 of the Land Act, checks the time that the owner obtains the road from the crown grant.

If it
is before Jan 3, 1977, and coloured in any other colour than red, it is not included in the crown
grant. b. If it is a public road, what do you suggest? If it is a public road, I need to let the user know that it is publicly accessible. The owner can make an application to close the road according to

Section 40 of the Community
Charter. Depending on the method of how the road was registered, we can either file a SRW road closure
plan, Pursuant to Sec 113 of LTA, or Reference plan closing road Under Sec 42 transportation Act. See Practice advisory bulletin-”Discontinuance and closure of highways by the ministry of
transportation and infrastructure” for guidance. Or we can also exchange the road to parkland according to Sec 27 of the Community Charter. Or obtain the land ownership based on Sec 58 of the Land Act if it’s on crown land. Mineral
Mineral rights
a. What certification do we need to register the mineral rights (1)?????

(a valid Free Miner Certificate)
A “free miner certificate” - Sec 8 Mineral Tenure Act
Circular Letter 440a -
…Only surveys undertaken as a requirement of the Chief Gold Commissioner for taking a mineral title to
lease, and Mining Lease Reduction surveys, are to be prepared pursuant to the Mineral Tenure Act…
Surveys conducted at the request of an owner of a mineral title, rather than at the request of the Chief Gold
Commissioner, and all surveys conducted after a mineral lease has been issued (other than Mining Lease
Reduction surveys) are to be prepared pursuant to

section 7 of the LandAct
Survey plans prepared pursuant to either the Mineral Tenure Act or the LandActare submitted to the Surveyor
General for filing in the Crown Land Registry…
b. Describe the process of acquiring mineral rights (1)????? See Circular Letter 440a & submissions to surveyor general - Mineral Title Plan. The process of acquiring mineral rights involves paying prescribed fees, potentially having the mineral
claim surveyed, posting and publishing notices of intention to apply for a mining lease, and meeting other
requirements as outlined by the chief gold commissioner. Once these conditions are met, the chief gold
commissioner may issue a mining lease.

Sec 42 of Mineral Tenure Act-Issue of a mining lease
(1) A recorded holder of a mineral claim who wishes to replace the mineral claim with a lease must do all of
the following:
(a)comply with

section 6.32 and pay the prescribed fee;
(b)if required to do so by the chief gold commissioner, have the mineral claim over which the mining
the Surveyor General;
(c)post a notice in the prescribed form in the office of the chief gold commissioner stating that the
recorded holder intends to apply for a mining lease;
(d)publish promptly in one issue of the Gazette, and once each week for 4 consecutive weeks in a
newspaper circulating in the area in which the mineral claim is situated, a copy of the notice referred
to in paragraph (c).

(4) If the chief gold commissioner is satisfied that the recorded holder has met all of the requirements of
subsection (1), the chief gold commissioner must issue a mining lease for an initial term not longer than 30
years on conditions the chief gold commissioner considers necessary. 25
Titles registered according to Sec 6.2 of Mineral tenure act, and visit Mineral Titles Online for more
information. Sec 3 of the Mineral Tenure Act Regulation - convert legacy claim to cell claim. Sec 6.7 of the Mineral Tenure Act-more than one claim or lease registered to a cell. PRM 11: pursuant to Sec 18(1)(b) of MTA regulation for an application for a placer lease.

Before May 1921, you were able to obtain mineral rights to land you were granted from the crown, after
may 1921, the mineral/below surface rights were to remain open. Sec 53 of Mineral Tenure Act-industrial mineral rights, describes the regulations regarding the rights. Mineral claim question: when does placer lease and mining lease kick in? Who invokes placer lease in
mineral tenure act? The Chief Gold Commissioner determines it (Circular Letter 440a)
Mineral Tenure Act Sec 42(Issue of mining lease) & 45(Issue of placer lease) list requirement for recorded
holder of mining/placer claim try to replace it with a lease, and the chief gold commissioner has to be
satisfied that the recorded holder has met the requirements, then issue the lease.

A recorded holder of a placer claim or a placer lease issued under any of the former Acts, who wishes to
replace it with a lease issued under this Act must comply with subsection(2) after registration of an
application for a lease under Sec 6. A placer claim holder must apply to convert a placer claim to a placer
lease if the holder wants to produce more than 30000 cubic square. 26(Campbell River - north boundary)Seyward District - extended to 50th parallel. Water
water-well survey, what government authority we need to make an application to?????? 1. Chief Gold Commissioner. BC Energy regulator(formerly, Oil and Gas Commission)
2. Sec 7 of Groundwater Protection Regulation of Water Sustainability Act - Registers of well drillers and well
pump installers
3.

Sec 72 of Water Sustainability Act allows the minister (FLNRORD) to be an authorized person to survey and
investigate. 4. FLNRORD(Ministry of Forests, Land, Natural Resource Operations and Rural Development) is divided into two
ministries: the Ministry of Forests & Ministry of Land, Water, and Resource Stewardship. 5. Consult PAD if I’m not familiar with it & see myLTSA articles. If the monuments are more than 12 meters of water well, what damages/outcomes can it cause? Which authority do
we need to inform? (PRM, Chapter 10, (6) important elements for well site survey
Be aware of possible discrepancies between surveyed elevation and local field datum. If too significant, it is often
preferable to adopt the new datum from that point forward.

Ensure the client understands the way you intend to handle
the situation, as the datum shift will likely affect geological information for the entire field.) Inform SG. If the monument is less than 12 meters from a water well. The monument may fail to monitor the horizontal
and vertical shift of the water well. The shift of the water well may not be detected by the survey. On well-site, consult SG and BCER
On Mienral site, consult SG and Chief Gold Commissioner. On crown land, consult FLNRORD, now split into two ministries. the Ministry of Forests & Ministry of Land, Water, and
Resource Stewardship. If it is for monitoring purpose or within incorporated area, consult PAD and local government.

Oil and Gas-Pipeline
A well site owner approaches you to survey along a 1.1km long pipeline from a wellsite(1-63-H,94-B-9) to a
compressor station in unit 73, Block H, Group 94-B-9 in an unsurveyed crown land.? a. When I am not able to access the site in the next 3 months, what should I suggest the client do? I would suggest the client hire another BCLS or CLS depending on the location. May require a CLS according to PRM 10-1(4), depending on the location. if the portion of the wellsite is on Indian reserve land. PRM Chap 10-1(4) Wellsites on Canada Lands(e.g.

Indian
Reserve) requires a licensed CLS (Canada Land Surveyor) to prepare a Canada Lands Survey Plan, following
instructions outlined in Manual of Instructions for the Survey of Canada Lands Chap D6. Sec 24 of the Pipeline Act requires the completion of the survey and posting of SRW within 9 months after completion
of the pipeline. Sec 24 of The Oil and Gas Act General Regulations requires that within 16 months after the completion of a pipeline,
the permit holder must complete the survey and post the pipeline RW according to Sec 75 of the Land Surveyors Act. If the pipeline goes on crown land, submit the plan to the commission. Within 30 days of receiving an approval.

The
permit holder needs to submit the plan to the Surveyor General, then the plan becomes the official plan of Right of Way
through Crown land after approval of the Surveyor General. Sec 25 of Oil and Gas Activities Act General Regulation requires within 90 days after receiving a well permit, the permit
holder must complete a well site survey, and submit the plan to the Surveyor General. Sec 23 of Oil and Gas Act - Preliminary Plan: before submitting an application under Sec 24 for a pipeline permit, a
person may submit to the regulator a preliminary plan of the proposed route of the pipeline. Look up Sec 24 of the Oil and Gas Act for a detailed application process.

27
most of the well site plans approved by Surveyor General and tenure information are available on Tantalis/GATOR
crown land disposition records can be found on ILRR (Integrated Land and Resource Registry) website
b. Which section of LTA, is the plan pursuant? Statutory Right of Way Plan pursuant to

Section 113 of the Land Title Act. c. The primary parcel description will be shown on the plan? Statutory Right of Way Plan in Unsurveyed Crown Land XX District<Peace River District>
Statutory Right of Way Plan over part of 1st quarter unit unit 63 and unit 73 block H Group 94-B-9. Sec 24/25 of Pipeline Act were repealed. a. List 2 negative impacts to the general public if Sec 24 is repealed but not replaced. G: Lack of Clarity in Boundary Definitions: Without mandatory surveying, the exact locations of pipelines might become
unclear, leading to potential land use conflicts and challenges in emergency response situations.

Compromised Land and Property Rights: Landowners might face difficulties in protecting their property rights without
clear, surveyed boundaries, possibly resulting in unauthorized use of private lands for pipeline activities. local governments, landowners, and developers, rely on the timely completion of these surveys to make informed
decisions. Delays could hinder development projects, land sales, and other activities dependent on knowing the
precise location of the pipeline and its right of way. there might be no urgency for the company to complete the surveying and posting of the right of way. This delay can
result in prolonged uncertainty regarding the exact boundaries of the pipeline area,
b. List 2 resources that could help you be aware of future legislation changes. Government of BC website.

ABCLS Biweekly newsletter(association update)
Notice to Members,
SG Reports/resources on myLTSA
BC Laws, Government of British Columbia, Social Media and Legal Blogs
ABCLS Website
Oil and Gas, Sketch & Notation
See the notation next to a parcel corner on the plan: Fd. DLSIP, Pit, M, RP Mkd XXIII23, LXXXIV84, XV15.????? a. Describe the monumentations and all ancillary evidence expected to find at the corner of the parcel. Found old style Dominion Land Surveys iron post, and expecting Pit (and mound), metal reference post, marked XXIII,
LXXXIV, XV
b. Give the name of the parcel corner. Corner of district lot 23, 84 and 15
Corner of

Section 23, 15 and District lot 84. Corner of District lot 23, 84 and 15 XXX District
SPR 1-8, 1-9 for post and ancillary monumentation information. Sec 10-5 of SPR requires marking monumentation “OGA” followed by the numerical portion of the well name and
numbered sequentially. See 1-8 of SPR for more marking details. PRM10-1: Outside the Peace River Block, gas and oil spacing is defined by the P & NG grid system. 28(Campbell River - north boundary)Seyward District - extended to 50th parallel. c. The monumentations to its neighbor is 0.528m shorter than the planned distance: 40 chains. Is it an unusual
closure? Why or why not? 1 chain = 66 feet, it is a misclosure.

Due to different technologies, 0.528/(40*66*0.3048) =0.000656, therefore, it is
reasonable since the 80ppm accuracy standard applies to the noted distance will be
80ppm *(40*66*0.3048) = 0.006392
Follow SPR2-1
Old surveyors may use shorter chains. d. A location in BC where it can be found? Peace River Block
Wellsite question. a. What type of plan is required after installation of a well? <Well site survey plan> Well site legal plan
b. Under what section what act?

Section 25 of Oil and Gas Activities Act - General Regulation
Draw a diagram of the well site (a-41-B/94-H-I), with unsurveyed crown land. GNSS survey control points are
established 150m apart. Use BCLS commission# 1200
“a-41-B 2023 OGA 94-H-I #2 1200”
SRW Paln in Unsurveyed Crown Land peace river district pursuant to Sec 113 of the land title act
NTS_Multipad(Unsurveyed Crown Land)
29
Surveyed Crown DLot - Survey Plan of Well Site company et al toutou d-26-B Quarter Unit “d”, Unit 26, Block B, Group
94-P-3
30(Campbell River - north boundary)Seyward District - extended to 50th parallel. Theo Township
UCL surveyed Township
31
Oil and Gas, Well-site
1. In a well-site survey, what do you need before fieldwork?

Name 2 resources to check to set up field & office work. (PRM.10 (6) important elements for well site surveys:
1. Proposed well location and acceptable options with respect to target area. Ensure horizontal and vertical survey
control is available and satisfy the control requirement)
Also PRM 10-1(5) principles of field survey for wellsite, whole Chap10 and SPR10 for Petroleum and Natural Gas
survey guidance. Other resources: (PRM. 10(6) important elements for well site surveys:
2. Tenure records - myLTSA & LTO
3. Spatial overview of RW over crown land - ParcelMap BC
4. Crown land dispositions - ILRR
5. Images - Tantalis/GATOR
6. Wellsite listings adn Rig Activity Lists - OGC records division. 7. PRM10 & SPR10
Wellsite, 2 control monuments established using GNSS observations.

What conditions must be met for the two
monuments? (refer to SPR)
(SPR Part 10, Surveys under oil and gas activity act
1. The well-site must be referenced by two intervisible monuments (of type 1 2 or 4) which are at least
150 meter apart
2. A tripod or reference post must reference the monuments
3. One of the points could be set on the corner of the well-site)
4. If the well-site is located within the surveyed township in the Peace River Block, must referenced by tying to at least
2 existing survey monuments. See 2-1 for accuracy requirement and 2-2 of SPR for georeferencing information. Sec 10-5 of SPR requires marking monumentation “OGA” followed by the numerical portion of the well name and
numbered sequentially.

See 1-8 of SPR for more marking details. PRM10-1: Outside the Peace River Block, gas and oil spacing is defined by the P & NG grid system. See “Good Practice for surveying with RTK GNSS” bulletin and chap 16 of PRM for GNSS survey guidance. Your client wants to drill wellsite. You do the GNSS survey and discover a 12 meter discrepancy in elevation. Who do
you report this issue to? Inform the client about the discrepancy, and set up a new benchmark. (PRM, Chapter 10, (6) important elements for well site survey
Be aware of possible discrepancies between surveyed elevation and local field datum. If too
significant, it is often preferable to adopt the new datum from that point forward.

Ensure the
client understands the way you intend to handle the situation, as the datum shift will likely
affect geological information for the entire field.) See Practice Advisory - Vertical Datum states that even though CGVD28 is the currently approved vertical datum in BC
specified by Surveyor General in Circular letter 465B. There may be confusion because of involving more than one
vertical datum. Any questions related to this topic can be consulted with Surveyor general or (PAD) ABCLS Practice
Advisory Department. 32(Campbell River - north boundary)Seyward District - extended to 50th parallel. if the discrepancy is not because of the datum difference. do a quality check of the survey, and find out the area that
discrepancy may cover.

to prevent spillage, follow Sec 37 of the Oil and Gas Activities Act (Energy Resource Activities
Act) to report to the regulator. Client with wellsite
a. Before any field work, what do you request from clients? Name two
Permit. (PRM.10 (6) important elements for well site surveys:
b. What other resources do you need in order to prepare yourself for field and office work? Contact
which agency? (PRM. 10(6) important elements for well site surveys:
5.

Images - Tantalis/GATOR
6. Wellsite listings and Rig Activity Lists - OGC records division. 7. PRM10 & SPR10
All approved R/W over Crown land are registered in LTO, and can be obtained from Land title Survey authority website. For spatial overview of R/W over crown land, consult crown land reference maps and available data downloads from
OGC. Integrated Land and Resource Registry should be checked for up to date crown land disposition records. Wellsite lists and rig activities are published by OCG can be used as the indicator of the current drilling activity. OCG
records division in FSJ is source of information as they have copies of construction plans)
Look up PRM10(6) for resources:
1.

The British Columbia Oil and Gas Commission (BCOGC) is the regulatory body responsible for overseeing oil and
gas activities in the province. 2. The British Columbia government provides online access to various mapping and geospatial datasets through their
GeoBC platform. 3. Local government bodies, and municipalities. 4. General Survey Guide
5. Survey and Plan Rules PART 10 — SURVEYS UNDER THE OIL AND GAS ACTIVITIES ACT
6. Professional Reference Manual Chap 10 - Petroleum and Natural Gas. 7. Oil and Gas Activities Act - Oil and Gas Activities Act General Regulation
8. Oil and Gas Activities Act - Drilling and Production Regulation
9. Petroleum and Natural Gas Sec 65 explains about the spacing areas of the wellsite. Pump station with access road. Adjacent to Indian reserve. ? ?????

a. Municipal engineer wants to know if he can construct it as soon as he receives a permit. What do you tell
him? According to Sec 121 of Petroleum and Natural Gas Act - (9)An official may disclose confidential information relating
to an operator if the disclosure is for the purposes of administering or implementing a resource revenue-sharing
agreement between the government and a First Nation. Need to check with the local treaty and agreement between
local government and local first nation’s group, in order to start construction even with the permit. There may be
additional applications to the local first nation’s community. Determine the factors such as solidarity of the ground, trees on the site. Find out if tree cutting permits and geotech is
needed.

Need to determine whether any portion of the wellsite or access road is on Indian reserve land. if the portion of the
parcel or access road is trespassing on Indian reserve land. PRM Chap 10-1(4) Wellsites on Canada Lands(e.g. Indian
33
instructions outlined in Manual of Instructions for the Survey of Canada Lands chap D6. Sec 25 of Oil and Gas Activities Act General Regulation - well site survey: requires the permit holder to complete well
site survey and well site survey plan within 90 days, and submit to Surveyor General. Sec 65 of Petroleum and Natural Gas Act - Normal Spacing areas: to have sufficient area exists adjacent of its

Sec 6 of OGA - Capacity and powers of regulator
Sec 5 of OGA General Regulation - Capacity and powers of the commission
Sec 5 of OGA Drilling and Production Regulation- Position of wells
Sec 51 of OGA - Access restricted or prohibited (for restrictions of accessibility)
b. What other resource can you research in order to get boundary information? (PRM. 10(6) important elements for well site surveys:
Also consult the local first nation’s governing body. (PRM.

(6) important elements for well site surveys:
Perform land tenure research for existence of right of ways and buried structures. On private land, plan and tenure
records registered in LTO are main source. All approved R/W over Crown land are registered in LTO, and can be obtained from Land title Survey authority website. For spatial overview of R/W over crown land, consult crown land reference maps and available data downloads from
OGC. Integrated Land and Resource Registry should be checked for up to date crown land disposition records. Wellsite lists and rig activities are published by OCG can be used as the indicator of the current drilling activity.

OCG
local first nation’s community. For oil and gas surveys, what are the requirements for control monument setup? (SPR Part 10, Surveys under oil and gas activity act
4.

If the well-site is located within the surveyed township in the Peace River Block, must referenced by tying to at least
2 existing survey monuments. Sec 2-1 for accuracy requirement and 2-2 of SPR for georeferencing information. Sec 10-5 of SPR requires marking monumentation “OGA” followed by the numerical portion of the well name and
numbered sequentially. See 1-8 of SPR for more marking details.PRM10-1: Outside the Peace River Block, gas and oil
spacing is defined by the P & NG grid system. 34(Campbell River - north boundary)Seyward District - extended to 50th parallel. Under SPR Sec 10. 1. Well-site must be referenced by two intervisible type 1,2, or 4 monuments that are at least 150m apart or as
required by Rule 10 (4)(2). 2.

Well-sites located within the surveyed township in the Peace River Block must be referenced by ties to at
least two existing survey monuments of types 1, 2, 3, 4, or 5 or older style dominion iron posts, which
monuments mark corners of the section, quarter section or legal subdivision in which the well is situated or
can be related to such corners through survey plans of record. 3. One of the two monuments referred to in Rule 10-4 (1) may be a post set on a corner of the well site. 4. Where possible, A tripod and reference post must reference a monument referred to in Rule 10-4 (1). For Mineral Tenure: Rule.

9-6 SPR - all monumentationss must be stamped with the year of survey, the commission
number of a land surveyor, the letter “MT”, the electronic plan number and the monument number in accordance rule
9-8-2
What type of plan is required after installation of the well? “(Oil and Gas)Well Site Plan” which is the legal survey plan of the well site showing the location of the well, and its
offset from the target boundary, which may be different among regions. (depending on the regions, NTS or peace river)
Sec 25 of OGA-General Regulation
Approving government agency? BCER-BC Energy regulator (formerly, Oil and Gas Commission)
Well site plan title/endorsement/ what plan or section to pursuant to? Survey Plan of Well Site.

Sec. 25 “Well site survey”
Within 90 days after receiving a well permit, a well site permit holder must(a) complete a well site survey and well site
survey plan for the permitted well following the applicable rules made under

Section 75 of the Land Surveyors Act, and
(b)submit, in a form acceptable to the Surveyor General, the well site survey plan to the Surveyor General. What statute and what section allows exemption for oil and gas surveys????? Sec 98 of Oil and Gas/Energy Resource Activities Act
Circular Letter 452A: Sec 26 of OGA-General Regulation allows time extension. PRM10-”petroleum & natural gas surveys” & SPR 10-”survey under ”states the survey regulation and requirements. Also see Part2 of Oil and Gas Activities Act - Drilling and production Regulation, Sec 22 of OGA-General Regulation, Sec
98 of OGA.

Since there’s no clear instruction for applying for exemption regarding land survey activity in Acts, SG reports, Bulletins
and Circular Letter, consult SPR I-3 exemption to these rules, BCER and (PAD) Practice Advisory Department of the
association. What statute and section allows for extension of oil and gas surveys
Circular letter 452A,

Section 26 of the Oil and Gas Activities Act-General Regulation allows SG to grant an extension
Under Sec 26 of the Oil and Gas Activity General Regulation. The surveyor general, on written request, may grant to a
permit holder an extension of the time under

section 24.1, 25.1 or both by which the obligations under those sections
must be met if satisfied that circumstances warrant the extension. Well site survey, well drilled. But there’s condition, need to wait for 3 months. What to tell the client. Sec 8 of OGA-Drilling and Production Regulation requires to notify the commission for the drilling activity. Oil and Gas Activities Act regulation governs that the well permit holder must complete the well site survey and plan
within 90 days of receiving the permit. However, with the potential delay due to (weather), regulation 26 allows an
extension. 35
1. on written request, the surveyor general may grant a permit holder an extension of the timer under

Sec.25(1) or both by which the obligations under those sections must be met. If satisfied those circumstances
warrant the extension. 2. The surveyor general must provide written notice to the commission of an extension granted under
subsection. Professional Reference Manual Chapter 10 6) ImportantElementsforWellSiteSurveys:
● Perform adequate land tenure research, particularly for the existence of rights of way and buried structures. ● On private land, plan and tenure records registered in the land title office, obtainable through myLTSA, are the
main source of such information. ● All approved right of way plans over Crown land are also registered in the land title office and can also be
obtained through myLTSA. ● For a spatial overview of rights of way plans over Crown land consult ParcelMap BC.

● The Integrated Land and Resource Registry (ILRR) Error! Hyperlink reference not valid.should be
consultedforthemostupto dateCrownlanddispositionsrecords. https://a100.gov.bc.ca/apps/ilrr/html/ILRRWelcome.html
● Images of most of the well site plans that have been approved by the Surveyor General and detailed tenure
information are available online using: Tantalis/GATOR
http://a100.gov.bc.ca/pub/pls/gator/gator$queryforms.menu. ● The Wellsite Listings and Rig Activity Lists as published by the B.C. Oil & Gas Commission can be used as an
indicator of more current drilling activity. The OGC records division, located in Fort St. John BC, is also a source of
information. Copies of construction plans are available, sometimes a personal visit to the OGC office is required
to view the files. In all cases a “heads- up” approach in the field is required to check for possible non-registered
rights of way.

● Obtain, from the client, proposed well position and acceptable options with respect to target areas. ● Ensure that horizontal and vertical survey control in the project area is available and satisfy the control
requirements in the Rules. ● Be aware of possible discrepancies between surveyed elevations and local field datums. If a significant difference
is discovered, it is often preferable to adopt the new datum from that point forward. In this case, ensure your
client understands the way you intend to handle the situation, as any datum shift will likely affect geological
information for the entire field. ● Perform at least one independent check on elevations, for example with seismic data, published
contours,independent surveymethodologyetc.

● Ensure that coordinates given in the title block or on the face of the plan are clearly annotated to reflect the datum
and projection they are referred to. The majority of petroleum companies still operate in NAD’27, so they often
assume everyone else does. ● Wellsite plans differ widely from client to client and from wellsite to wellsite, thus there is no standard procedure
for plan preparation that can be used to cover all situations. Each surveyor should develop and use an internal
wellsite checklist, which meets both the statutory requirements of wellsite plans and the clients’ expectations. ● Posting of wellsites is regulated by Part 10 of the Rules.

It is left up to the individual surveyor and his client as to
whether he places those posts during the wellsite survey, or only upon the wellbeing proven and subsequent
conversion to a long-term lease. ● GNSS is now widely used for wellsite and other petroleum and natural gas surveys, and is regulated in other
publications. It need only be stressed that any method used for horizontal or vertical wellsite positioning should
incorporate an independent detection method for gross errors. E and N railway Grant
E and N railway company land grant. a. In the first grant, what is the benchmark that defines the northern boundary, name two of those ex creek
names?

（The west boundary of the Grant, a line from the post at Muir Creek to Crown Mountain, was
begun by William Ralph, D.L.S. in 1890.）
Information can be found in Surveyor General Resources-”History of E&N Land Grant, Railway Belt and Peace River
Block”
36(Campbell River - north boundary)Seyward District - extended to 50th parallel. Western - Muir Cree, aforesaid, crown mountain. Northern - Crown Mountain, Seymour Narrows, Cape Mudge. b. The second grant which extends the area, extends to what parallel near what city? 37
38(Campbell River - north boundary)Seyward District - extended to 50th parallel. c. Which section and act will you do? 4-2 of SPR for requirements for conducting surveys on E&N Lands.

Survey under SPR 4-2 “E&N Railway Land Grant Surveys” requires to follow sec 70(1) and (2) of the Land Title Act for
explanatory plan of block in E&N Railway Grant. Also see Submissions to Surveyor General-”Explanatory Plans of Blocks within E&N Land Grant” for more detailed
instructions
d. If the survey plan of the lake is required, what plan is required under what section and what act? Posting Plan under

Sec. 68 LTA- for natural boundaries. Or
Composite plan under Sec 71 of LTA if the register considers it necessary for administration purposes. See SRP 4-2 and Surveyor General article-”E&N Grants” for more information. 39
BC Indigenous Act
The BC Indigenous Act showed up again. What are their rights? Name four of them and how it affects the practice of
land surveying. 1. Aboriginal Title: The recognition of Aboriginal title can impact land surveying by requiring consultation and
negotiation with Indigenous groups before any activities that could affect their title rights, including land
surveying, can proceed. 2.

Right to be consulted and accommodated - Land surveying projects that fall within or near areas of Indigenous
interest may trigger the need for consultation and accommodation processes to address potential impacts on
Indigenous rights. 3. rights to protect and preserve their cultural heritage - surveyors may need to be aware of and respect these
cultural and heritage sites, ensuring that they are not negatively affected by the surveying process. 4. Indigenous consent or free, prior, and informed consent (FPIC) might be required before certain activities - this
might mean obtaining consent or engaging in a meaningful consultation process with Indigenous
communities before commencing survey work. Pump station with access road. Adjacent to Indian reserve. a.

Municipal engineer wants to know if he can construct it as soon as he receives the permit. What do you tell
needed.

b. What other resource can you research in order to get boundary information? Also PRM 10-1(5) principles of field survey for wellsite, whole Chap10 and SPR10 for Petroleum and Natural Gas
6.

Wellsite listings adn Rig Activity Lists - OGC records division. 7. PRM10 & SPR10
local first nation’s governing body. 40(Campbell River - north boundary)Seyward District - extended to 50th parallel. Neighbor Dispute/Encroachment
While doing a topographic survey for a strata area, the neighbor approaches and asks what we are doing. How do you
respond? 1. Not to disclose any personal or confidential information of the client as per the code of ethics, I can only disclose
whatever the public can see. 2. explain to the neighbour that I am doing land survey work in the area, and the nature for surveying in this area. 3. show neighbour documents and license needed for conducting survey works here. 4.

Sec 59.1 tells the right for surveyors to enter the land designated by BCLS. Land surveyors entitled to enter land
59.1 (1)
A practicing land surveyor engaged in the practice of land surveying, or a person performing, for a practicing land
surveyor, duties in relation to the practice of land surveying, must be permitted to pass over any land without
hindrance from any person.

(2)
On the request of an occupier of land or a person authorized by an occupier of land,
(a)
a practicing land surveyor entering or on the land must show identification and proof that the land surveyor is
registered with the association as a practicing land surveyor, and
(b)
a person entering or on the land and performing, for a practicing land surveyor, duties in relation to the practice of
land surveying must show identifying location and proof that the person is acting for a practicing land surveyor. (3)
Subsection (1) ceases to apply to a practicing land surveyor, or to a person performing, for a practicing land
surveyor, duties in relation to the practice of land surveying, who fails or refuses to comply with subsection (2). 5.

(a)
refuses to permit a practicing land surveyor engaged in the practice of land surveying, or a person performing, for
a practicing land surveyor, duties in relation to the practice of land surveying, to pass over any land, or
(b)
interferes with a practicing land surveyor engaged in the practice of land surveying or with a person performing,
for a practicing land surveyor, duties in relation to the practice of land surveying. If a strata is encroaching on another’s property, what is the solution and how would you deal with that?

Practice advisory bulletin PA2018-01 lists requirements for portions of buildings that extend beyond the limits of the
parent parcel in Strata Property Act 244(1)(f)(ii)
Form U1: that the buildings shown on this strata plan are within the external boundaries of the land that is the subject of
the strata plan [where applicable, add] subject to clause 2 of this endorsement. Form U2: hat certain parts of the buildings are not within the external boundaries but appropriate and necessary
easements or other interests are registered under No. ............................................ [registered charge number], as set out in

section 244 (1) (f) of the Strata Property Act. Form U2 should be executed identifying the certain part of the buildings that are not within the parent parcel boundary,
Survey Plan certificate form must also be completed correctly by selecting U1/U2 and identifying its registered charge
number ie. for the easement. Must show the encroachment portion on plan, and indicate such easement will be registered. On the strata plan itself, must show the encroachment portion of the building with dashed/solid lines with appropriate
labelling.

Also, indicate that such easement will be registered at the same time as the strata plan
How to deal with it:
Practice Note 01-18, and Strata Property Act Sec 244(1)(f)(ii) listed requirements for portions of buildings that extend
beyond the limits of the parent parcel
Practice Bulletin-requirements for portions of buildings that extend beyond the limits of the parent parcel explains
some good practice and what needs to be shown on the plan. Check for historical records such as previous plans/engineering plans
41
Options would be filing an easement plan pursuant to Sec 991()(e) of LTA over the encroachment (or remove the
encroachment)
Follow Sec 36 of the Property Law Act to seek remedies and solutions.

A developer in a small municipality has engaged you to prepare the strata plan for a building conversion of an
apartment structure that was built in the 1930’s. An initial survey reveals a portion of decorative stonework near the
top of the building overhangs the adjacent lot. That lot happens to be owned by the same developer. The municipality
wants to preserve distinctive heritage features of older buildings in the area, so it does not want the stonework
removed. ? ???? a) What type of legal agreement best deals with this encroaching stonework feature? 1
Reference Plan Pursuant to Sec 99(1)(e) can create an easement for the encroachment. This is the best approach
since both parcels are owned by the same developer.

b) To align with best practice, what two items would you show on the strata plan related to this stonework? 2
Identify the encroachment area. Practice Bulletin-requirements for portions of buildings that extend beyond the limits
of the parent parcel explains some good practice and must show:
all parts of buildings and cross-sections that encroach outside the parent parcel. All related easements or parcels created to contain the encroachments. Form U1/U2 must be completed correctly on the Plan Certificate and related statement shown on plan
according with SPR7-6(4)(c)
If there’s doubts, consult the register prior to finalizing the plan, and consult PAD.

Practice Note 01-18 also lists requirements for portions of buildings that extend beyond the limits of the parent parcel
in Strata Property Act Sec 244(1)(f)(ii): also lists requriements
(1)A strata plan must
(a)show the boundaries of the land included in the strata plan and, except in the case of a strata lot in a bare land strata
plan, show the location of the buildings,
(b)contain a description sufficient for the registrar to identify the title to the land included in the strata plan,
(c)show the boundaries of the strata lots in accordance with

section 68, and distinguish the strata lots by numbers or
letters in consecutive order,
(d)show the area in square metres of each strata lot, including the areas and spaces referred to in subsection (2), if they
are part of a strata lot,
(e)comply with rules, if any, made under

section 75 of the Land Surveyors Act for the purposes of this section,
(f)be endorsed by a British Columbia land surveyor with an endorsement that
(i)buildings shown on the strata plan are within the external boundaries of the land that is the subject of the strata plan,
or
(ii)appropriate and necessary easements or other interests exist to provide for access to any parts of the building
that are not within the boundaries,
(g)be signed by
(i)the person applying to deposit the plan under

section 240, and(ii)each holder of a registered charge on all or part of
the land included in the strata plan, unless, in the registrar's opinion, the interests of persons who have not signed are
not adversely affected by the deposit of the plan,
(h)be endorsed by an approving officer
(i)if it is a phased strata plan, under sections 224 and 225,
(ii)if it is a bare land strata plan, under

section 243, or
(iii)if it is both a phased strata plan and a bare land strata plan, under sections 224, 225 and 243. (i)in the case of a strata plan that includes a building,
(i)be endorsed by a British Columbia land surveyor under

section 241 if the building has not been previously occupied,
or
(ii)be endorsed by an authorized signatory of an approving authority under

section 242 if the building has been
42(Campbell River - north boundary)Seyward District - extended to 50th parallel. previously occupied, and
(j)contain anything that is required by the regulations. (2)Parking stalls, garage areas, storage areas and similar areas or spaces intended to be used in conjunction with a
residential strata lot must not be designated as separate strata lots but must be included as part of a strata lot or as part
of the common property. c) As part of the registration, will Form U1 or Form U1/U2 be used? 1
SPR 7-5(2)(c) states that Form U(2) will be used, because it states that certain parts of the building are not within the
external boundary/parent plan, and an easement or other interests shall be registered.

It is required as part of the
registration by Property Act Sec 244. Form U1: that the buildings shown on this strata plan are within the external boundaries of the land that is the subject of

section 244 (1) (f) of the Strata Property Act. d) If best practice were not followed, list one potential future problem that could occur
problems with bank financing or future sale, issues accessing or maintaining the stonework, poor definition of the
strata boundaries, future neighbor disputes
Surveying a large rural lot, we found the eaves of a client's building encroaching on a neighboring lot. a. Do we need to inform the neighbor? Only responsible for the client, do not disclose the information to the neighbor according to code of ethics(confidential
information). BCLS are responsible for showing the encroachment correctly on plan and present to the client. b. What section and statute provide a remedy for the client?

Pursuant to Sec 36 of the Property Law Act: provide remedies for encroachment. c. Possible outcomes under such a section? 1. On making compensation to the owner of the adjoining land that the court determines, make an easement on
the encroaching land. 2. Vest title to encroaching land with court-determined compensation. 3. Order removal of encroachment. Create an Explanatory plan(or reference plan if posting is needed) following

Section 99.1.e of LTA to make an
easement for the encroachment part. An easement is a right enjoyed by the owner of land over another. The easement must accommodate the dominant
tenement. It must exist for the benefit of the land, not just for the benefit of the people who own the land. Other possible ways: consolidation plan, legal action. Is the encroachment a lasting improvement and if so, what effort and cost is involved in removing it? What is its
effect on the properties in question? The permanence of the improvement and the cost and difficulty of moving it are
factors that influence a court to give the relief sought by the encroaching owner. 1.

Grant an Easement: The court can grant an easement (pursuant to Sec 99(1)(e) of Land title Act) over the part
of the property encroached
upon the fence or building. The court can then order compensation for the easement. 2. Title: The court can give the encroaching neighbor title to the property and order them to pay compensation. 3. Remove: The court can order the neighbor to remove the encroaching or enclosing building or fence. Easement(pursuant to Sec 99(1)(e) of Land title Act) would be the simplest option for the client. Removal of the structure may be costly, and the title would require a reference plan to vest the title in the name of the
client.) If you see your client’s building encroaching onto Neighbour.

Would you tell that to your neighbor? I would never verbally disclose any client’s information to the neighbour including this encroachment following code of
ethics #4 maintaining the confidentiality of all information concerning the affairs of the client…. My main duty is to re-establish the property line using the best available evidence and show any encroachment on the
the plan/certificate). Your client’s driveway and fence encroach into neighbours. Expensive to remove the driveway. a. How would you suggest your client and neighbour resolve this? What status law is available? I would suggest the client speak with the neighbor to pay the neighbor some compensation and register an easement
plan (pursuant to Sec 99(1)(e) of Land title Act).

Because it is the least costly way to solve the problem, it can also
allow the client to use the driveway. 43
Look for solutions on Sec 36 of Property Law Act - Encroachment on adjoining land. 1. Making compensation to the owner of the adjoining land, make an easement on the encroachment land. 2. Vest title to encroaching land with court-determined compensation. 3. The court may order fence removal, to solve the encroachment. b. 3 remedies available. Which one would you recommend and why? remedies:
1. Register an easement on the neighbor’s property (pursuant to Sec 99(1)(e) of Land title Act)
2. Order the owner to remove the encroachment
3.

Vest title to the land encroached on or enclosed in the owner of the land encroaching, on making the
compensation that the court determines.) The Court determines the removal of an encroached structure or nuisance from a homeowner’s land does not warrant
the expense or cause any inconvenience, the person encroaching could be granted a property easement or title for the
portion of land being used with fair compensation to the owner. In this case, the neighbor who has encroached on a
homeowner’s land is permitted to keep the building, shed or fence intact at a proportionate property cost paid to the
landowner.

I would recommend creating an easement since the easement will identify the area of the encroachment area, avoid
removing the established infrastructures, and reduce the cost to a minimum. Neighbour dispute. You survey your client, and post corner. The neighbour saw this and complained you are doing a
favour for your client and the boundary is wrong. And my client is unhappy that I was communicating with him. What
do you tell both parties professionally? Firstly, I can mention that according to Criminal Code 442-443, any one who wilfully alters or removes anything planted
or set up as boundary line or part of the boundary line is guilty of an offense.

My survey is conducted in a completely unbiased manner, and all confidential or personal information of the client will
not be disclosed, unless it goes public according to the code and ethics. Cdoe of Ethics: In communication, give credit where it is due and accept, as well as give, honest and fair professional
comment. Code of Ethics: Provide services in a completely unbiased manner to ensure that the interests of a client do not take
precedence over the interests of society as a whole. Every BCLS has an obligation to serve the cadastre and society
before the interests of the client. According to Part1-retracement survey of Chapter 8 PRM.

What I am doing is a “retracement survey” which requires
me to “walk in the footsteps of the original surveyor”, which means there is no difficult retracement should be
attempted without a thorough understanding of the regulations under which the original survey was performed. My job
is to re-trace the boundary line between the client’s parcel and the neighbor’s. Also I-2 of SPR - Duties of a British Columbia Land Surveyor:
(1) Provide direct supervision for all surveys and the appropriate level of on-site supervision. (2) Ensure that the spirit and intent of all acts pertaining to land surveying and any regulations made under those acts
are reflected in the survey.

(3) Approach their work with a judicial mind and be bound by their oath, Association Bylaws and the Code of Ethics to
carry out their duties with impartiality. (4) Assess all relevant documentary evidence for the land under survey and for adjoining lands. (5) Ensure that a legal survey they perform, including the plans associated with it that they prepare, conforms to these
rules. (6) Except in the case of an explanatory plan, carry out a thorough field investigation for the best available evidence of
all boundaries and corners of the land under survey and give appropriate conside ration to that evidence in
accordance with common law and statute law.

(7) Prepare a legal survey plan so that it can stand on its own without the need to obtain evidence from other sources. (8) Certify the correctness of the survey and plan by personally affixing their signature into the electronic plan. (To neighbour: The land surveyor has a quasi-judicial role and must produce the public cadastre. My service is
independent and is uninfluenced by the interest of my client. The work is based on the principles of an impartial
evaluation of all available evidence. I am obligated to reconstruct the boundary in their true and original location to the
best of their may. 44(Campbell River - north boundary)Seyward District - extended to 50th parallel. If the neighbour hires another surveyor, the result will pretty much be the same.

To my client: I would explain I still must inform the neighbour as to what my role Is as a BCLS. I will assure him I will
never disclose any of my client’s personal information to the neighbour.) According to code of ethics No.2 At all times act in good faith and impartially, ensuring that the member’s obligation to
serve and protect the survey fabric and society takes precedence over a client’s interests;
Code of ethics.

No.8 Conduct their professional and personal affairs in a manner that will maintain and enhance the
public’s trust and confidence in the member and the profession;
I need to keep acting in good faith and impartially at all times and provide professional survey products, services and
advice to the (code of ethics)
If any party has questions or concerns regarding my professionalism, you are welcome to discuss them with the
association(or ABCLS secretary), which I am supervised under. Or even file a complaint to the secretary according to
Sec 22.1 of bylaw of the ABCLS. It is also required for me to make clear communication with the neighbours, making sure that they understand what I
am doing and in good faith.

Code of Ethics No.14 Clearly communicate to clients and others the potential implications of disregarding professional
recommendations;
Encroachment on crown land, what to do?????? Check if the crown land is surveyed or not, and determine the ownership of the crown land. Check the title, survey records of the parcel and the crown land, All approved R/W over Crown land are registered in
LTO can be obtained from myLTSA
Crown land is excluded from the operation of Sec 36 of the Property Law Act.

Sec 59 of Land Act - Trespass on Crown Land states that the minister may take several actions, including requiring the
person to cease unauthorized occupation or use of crown land, pay a sum of money, cancel any lease or permit under
the Act, or require the removal of any improvements made by the person. Circular letter No. 475A: Prior to undertaking any survey of crown land, pursuant to the Land title Act or the Land Act,
other than SRW, application must be made to the Surveyor General for survey instructions.

If it is necessary to register a Right of way or Easement:
Follow Sec 40 of Land Act - Right of way and Easement and Sec 32 of Land Act: Application procedure for disposition
to register a Right of Way or Easement on the crown land. Equities in the case favored the province, protected the public interest through the requirements of Sec 8 of the Land
Act, and imposed limitations and conditions on the Province’s discretion to dispose of Crown Land. Code of Ethics & Company
Code of Ethics No.1 Question. “Exercise professional integrity in the conduct of every survey and expression of
independent professional judgment.”. a. Explain the above statement in 2-4 sentences.

A BCLS shall make a commitment to attain and practise high ethical standards in all professional decisions. A BCLS who
acts with high ethical standards is less likely to be open to suggestions of misconduct. A presentation at the 2015 AGM by John Burton, PhD entitled “Ethics on the Ground” offers a good primer on this topic. 1. surveyors should refrain from engaging in situations where their interests, financial gain, or relationships could
influence their professional judgment or decision-making. Whether an actual conflict exists or it's just
perceived by others, it's important to steer clear of such situations. 2. If a surveyor becomes aware of any potential conflict of interest that might compromise their objectivity, they
should immediately inform all relevant parties about the conflict.

This transparency ensures that others
involved in the project are aware and can take appropriate actions if necessary. 45
3. Surveyors should actively work to prevent any biases or undue influence from affecting their professional
judgment. This might involve steps such as seeking independent reviews, consulting with colleagues, and
maintaining a focus on objective data and analysis rather than personal preferences. It suggests that a British Columbia Land Surveyor (BCLS) should always maintain professional integrity and
independent judgment in their work, adhere to high ethical standards to avoid allegations of misconduct, and
continuously educate themselves on ethical practices, as highlighted by John Burton's 2015 AGM presentation on
"Ethics on the Ground". 7.

Name 4 requirements for getting a permit for a new company
Steps:
1. register and set up a corporation company
2. include "land surveying" in the company's name. According to Sec 51 of the Land Surveyors Act. the section also
require the majority of the directors of the company are practicing land surveyors. 3. obtain professional liability insurance. 4. apply for a permit from the association. According to Sec 10 of Bylaws of ABCLS. The section request the
company’s name cannot be self-laudatory, misleading to the public. 6. Pay fees.

According to Sec 51 of the Land Surveyors Act,
1. the name of the company includes the words "land surveying",
2. the majority of the voting shares of the company are legally and beneficially owned by one or more practicing
land surveyors. 3. The majority of the directors of the company are practicing land surveyors. 4. all persons who will be practicing as land surveyors on behalf of the company are practicing land surveyors or
are under the direct supervision of a practicing land surveyor. Sec 10 of Bylaws of the ABCLS, Name of Business cannot be self-laudatory, misleading to the public.

(a) Members may only practice or otherwise do business as a Land Surveyor under a name or style that has been
approved by the Board in accordance with policies established by the Board. (b) The Board shall not approve a name, which, in the sole discretion of the Board, is self-laudatory, misleading to
the public or fails to maintain the dignity of Land Surveyors or the Practice of Land Surveying. (c) The Board must not require any Member to change or alter the name or style under which that Member does
business if the Board previously approved the use of that name
After surveying and layout the boundary for the parcel owner, the owner is unsatisfied with the result.? a.

What can you suggest to the owner regarding your survey work? According to code of ethics, I need to provide survey services in an unbiased manner to ensure that the interests of
client do not take precedence over the society as a whole. Code of Ethics: Provide services in a completely unbiased manner to ensure that the interests of a client do not take
before the interests of the client. Part1-retracement survey of Chapter 8 PRM.

What I am doing is a “retracement survey” which requires me to “walk in
the footsteps of the original surveyor”, which means there is no difficult retracement should be attempted without a
thorough understanding of the regulations under which the original survey was performed. I job is to re-trace the
boundary line between the client and the neighbor. I-2 of SPR - Duties of a British Columbia Land Surveyor:
(1) Provide direct supervision for all surveys and the appropriate level of on-site supervision. (2) Ensure that the spirit and intent of all acts pertaining to land surveying and any regulations made under those
acts are reflected in the survey.

I will explain to the client that I need to follow Code of ethics 1 Exercise professional integrity in the conduct of every
survey and expression of independent professional judgment. b. If the owner remains unsatisfied, to whom you can refer them? ABCLS secretary to file a complaint. 46(Campbell River - north boundary)Seyward District - extended to 50th parallel. If it is about an incorrect Survey, the secretary must forward it to the ABCLS Complaint Inquiry Committee according to
Sec 22.1 of bylaw of the ABCLS. Then the Complaint Inquiry Committee may request the Board to appoint another practicing land surveyor to inspect
the work. c. If the owner continues to threaten legal action which two parties must be informed?

ABCLS Complaint Inquiry Committee and the board of ABCLS
legal department of the company. d. If the owner pays you to redo the work, what prevents you from that? Even redo the work the client will most likely to receive same deliverables,
Code of ethics:
1. Exercise professional integrity in the conduct of every survey and expression of independent professional judgment. 2. Provide services in a completely unbiased manner to ensure that the interests of a client do not take precedence over
the interests of society as a whole. This means I can uphold integrity in performing the survey work, irrespective of the client offering additional payment. Additionally, written contract between surveyor and the client would specifically identified the scope and deliverables
of the survey products.

I am protected under general commercial insurance to limit the scope of my work based on the
contract. For a new home construction beside a creek(included in the parcel).????? a. What resources will you review for new construction? architecture/site plan,
The title of the parcel, registered charges, subdivision plan, original crown grant, to find out the ownership of the creek. View assessment report of the riparian areas and technical manuals, according to Riparian Area Protection Regulation
Sec 14-19. Determine the protection area according to Sec 8. Zoning bylaw, consulting with the city’s engineering department, if there’s any doubts. b. Before the field crew visits, what assessment and by whom you will have the owner complete on the small
creek?

Under Sec 14 of Riparian Area Protection Regulation, a riparian areas assessment report must be completed by or
under direction of a primary qualified environmental professional. I May need to create a new plan for environmental protection(covenant/easement). Describe 3 things that you can do that allow you to use new technologies(the stockpile volume calculator app, to
calculate the volume of stockpiles) while satisfying your obligations under the code of ethics. Need to know the accuracy, Confidence level, and standard deviation. Are they meeting SRP? Find out the quality
control method.

According to Code of Ethics 6, land surveyors shall practice and provide services only in those areas where the
member has or can acquire the skills, knowledge, and resources necessary to complete the assignment;
All practices should strictly follow the PRM, survey textbooks, publications from LTO and ABCLS
BCLS can always communicate with the PAD regarding the new technologies. Follow Professional Reference Manual V3.3 Chapter 5: The Code of Ethics - 3. BCLS shall remain technologically
current with all matters that affect their practice. 6. Remain technologically and professionally current with all matters that affect their practice.

a) A BCLS accepts the responsibility to be aware of, and develop an understanding of all pertinent legislative
and regulatory matters, including but not limited to; Association notifications, bylaws, Survey and Plan Rules,
the Professional Reference Manual, provincial and federal legislation, local bylaws, case law and common law. b) A BCLS should participate in the affairs of the Association and should continually advance their knowledge
and understanding of the Association by doing so. 47
c) A BCLS shall strive to determine best practices by reviewing the Professional Reference Manual, survey
textbooks, publications, and other sources. BCLS should be aware of all pertinent legislative and regulatory matters, such as association notifications, bylaws,
SPR, PRM, government legislation, local bylaws, etc.

According to Code of ethic, Only accept a retainer or undertake an assignment if they have the ability, resources, and staff
to carry out such assignment
…..all work fit regulation(accuracy) and bylaws…. As per Code of Ethics 10, Follow all applicable standards, policies, procedures, and practices established by
government, the LTSA, and the ABCLS;
New company is trying to be formed, named:”Absolute Best Surveys Ltd.”, slogan:”known the best route to get the
plan approved”.? a. Would ABCLS approve the name? Why? The company name: “Absolute Best .

According to Sec 10 of Bylaws of the ABCLS, Name of Business
approved by the Board in accordance with policies established by the Board. (b) The Board shall not approve a name, which, in the sole discretion of the Board, is self-laudatory, misleading to the
public or fails to maintain the dignity of Land Surveyors or the Practice of Land Surveying.

(c) The Board must not require any Member to change or alter the name or style under which that Member does business
if the Board previously approved the use of that name
Sec 51 of the Land Surveyors Act requires that
2. The majority of the voting shares of the company are legally and beneficially owned by one or more practicing land
surveyors. 3. The majority of the directors of the company are practicing land surveyors. 4. All persons who will be practicing as land surveyors on behalf of the company are practicing land surveyors or are under
the direct supervision of a practicing land surveyor. b. Slogan meets ABCLS bylaw requirements? Why?

The slogan is against Sec 14.1(d) of Bylaws of the ABCLS, Services, which requires that:
Advertising or promotion by a member (i)must be truthful; (ii)must not by design mislead any person; (iii)must be
presented in a manner maintaining the dignity and honor of land surveyors and the practice of land surveying. We can change it to something like: “Delivering professional survey solutions to our clients ”
Land Administration System question.????? a. 3 basic parameters/characters of the District Lot System. District Lot#, Group#, District Name. b. List 2 differences between the District Lot System and the 3rd Township system. Land Division:
3rd Township System utilizing Sections, ranges and blocks. Is a 36-section, 6-mile square township and range system
with a baseline set at right angles to a principal meridian.

The townships numbered all north, and ranges numbered
East and West of the central meridian. The District Lot System uses groups and District Lot, which can be irregular in shape and size. Although the standard
district lot is approximately 1 mile square. The district lot system divides the land into unique irregularly shaped parcels, known as “district lots”. These lots do
not conform to a standard size or shape but delineated based on natural land marks, settlements and geographical
features. 48(Campbell River - north boundary)Seyward District - extended to 50th parallel. The 3rd township system divides land into square townships, each typically 6 miles by 6 miles.

Then further divided
into 36 square sections, each 1 mile by 1 mile, which creates a regular grid pattern that is easy to identify. Usage:
3rd township system only used in sea and lulu island
The District Lot System was eventually extended through most of the province. Provincial survey system:
3rd Township System example: "LOT A

SECTION 32 BLOCK 5 NORTH RANGE 5 WEST NEW WESTMINSTER DISTRICT
PLAN 73672 in richmond" - utilizing sections, ranges and blocks. (introduced in 1858, mainland, in the civinity of New
Westminster, then capital of the mainland colony, only on see, and lulu island)
4th system - “District Lot System”: although parcels are irregular in size and shape, standard district lot is
approximately 1 mile square, contains 640 acres and divided into 4 quarters.

(introduced in 1859, north shore of Fraser
River, and south shore of Burrard Inlet, eventually extended through most of the province)
District Lot System example:" LOT 54 BLOCK 43 DISTRICT LOT 2027 GROUP 1 PLAN 3405.in vancouver"
49
5th system - “Provincial Township System”: a copy of Dominion Township system,(introduced in 1873 in NWD)
Dominion Township System:
Transferred railway belt and Peace River District to Dominion. Only 3rd, 4th and 5th dominion survey system used in
BC. 3rd Dominion Survey System - Peace River Block
4th Dominion Survey System - Railway Belt
5th Dominion Survey System & 3rd Provincial Survey System - Lower Fraser Valley. Building Certificate
Sec 12 of PRM - building location certificate
CAD file that client has, and retired BCLS created a certificate.

The client asks if it is ok to use the old certificate
which has a property line in it. What are the conditions that must be met before I proceed? See Sec 12 of PRM for building location certificate instruction and guidance. Must undertake sufficient supervision and only provide services in areas that I can acquire necessary resource to
complete. Code of ethics #3 & #6. According to code of ethics #3: undertake sufficient direct personal supervision and due diligence for any work performed
by or on their behalf.

#6 Practice and provide services only in those areas where the member has or can acquire the skills,
knowledge, and resources necessary to complete the assignment;
I need to check the quality of the CAD file, and field notes and speak with the retired BCLS for the work he/she has
done. Check the building and parcel’s dimension, bearing and elevation. Necessary field work is required. Complete quality check of the old certificate including current boundary bearing and dimension, elevations of the
structures, and conduct sufficient searches for new charges, such as new reference or subdivision plans for easement
and SRW. New charges may be registered after retirement. Since the old certificates may not correctly reflect the
current status of the subject lot. .

I would also suggest the client update the certificate with a new survey. Strictly follow PRM Chap 12 to generate
building certificates, make sure the certificate is prepared under current SPR. use a checklist prepared by the Practice
Advisory Department. Building certificate, survey techs doing such, does it fit the BCLS mandate? If the member wants to do this alone, will
you suggest doing so? Follow Chapter 12 building location certificate of the Professional Reference Manual.

It fit the BCLS mandate If the technician is doing such:
Supply sufficient checks and (code of ethics No.8)
“Undertake sufficient direct personal supervision and review of any work issued under their name to assure it meets all
professional standards.”
A BCLS is responsible and liable for the authorized actions of his or her staff as they contribute to the product being
delivered. In order to mitigate the exposure to risk, a BCLS should ensure that the training and experience of his or her
staff is appropriate for the level of responsibility that they are afforded. A well-defined training and mentorship program
can help ensure that personnel develop;
If Member is doing such:(code of ethics No.

1)
Must conduct professional integrity and strictly follow PRM12 and SPR for quality check and guidance. “Exercise professional integrity in the conduct of every survey and expression of independent professional judgment.” A
BCLS shall make a commitment to attain and practice high ethical standards in all professional decisions
50(Campbell River - north boundary)Seyward District - extended to 50th parallel. Building Certificate Question
Non-statutory plan prepared by BCLS that shows the current location of permanent structures, such as buildings to
property lines. The certificate is often used to verify the building's form agrees with municipal building requirements or
to show the location of the building as required by solicitors to secure a mortgage during the sale of the property.

The group of BCLS asked the board to reduce the amount of Building Certificates prepared by non-BCLS????? a. Does it fit the ABCLS mandate? Give 1 reason. Reducing building certificates prepared by non-BCLS definitely will protect public interest and certain the quality of the
certificates. Anything dealing with the boundary has to be BCLS and the building location certificate shows interests in
the parcel. In the Purpose of ABCLS Board policy manual states that The association serves the public interest, and does not
advocate for member-based interests and does not advocate to influence government policy. Follow Activities Evaluation Flow Chart for any activities. b. Can individual BCLS/association members engage? Give 1 reason. I do not suggest individual members to engage.

Because it may make the member fail in meeting code of ethics, and
get involved in legal issues. Code of Ethics 7. Conduct their professional and personal affairs in a manner that will maintain and enhance the public’s
trust and confidence in the Member and the Profession. c) A BCLS shall not attempt to improperly influence any public body or official, and shall not state or imply such influence
to anyone. d) A BCLS shall respond promptly to any communication from the Association, a committee of the Association, or another
land surveyor, and shall document the communication and the reply.

e) A BCLS who believes that the existence of, or lack of, any Association bylaw, regulation, act of parliament, act of
legislature or local bylaw causes or contributes to an unfair or improper result to the legal survey system, the profession of
land surveying, or the public, should endeavor to seek appropriate changes. Only BCLS can deal with the parcel boundary. The building location certificate shows an interest in the parcel as well. Members should report to the association and let the board make a vote regarding the motion (follow 3.4 3.5 of ABCLS
bylaws ) and following Activities Evaluation Flow Chart. Follow Activities Evaluation Flow Chart for activities. Land Surveyor Act
Land Surveyors Act question
Why Sec 59(1) are important?

What is the potential damage to the public if it does not exist or is enforced by the
association? Sec 59(1) of Land Surveyors Act-Land Surveyors entitled to enter
If surveyors are denied access to lands relevant to their projects, it becomes impossible to measure and record
boundaries precisely. This lack of access would lead to challenges in resolving disputes related to boundaries and
property titles. Land surveyors, who are trusted professionals in handling such disputes, would be hindered in their duties if
landowners could conceal their properties. Consequently, this restriction could undermine the integrity of the surveying profession and adversely affect public
interest, as it would allow landowners to obscure details of their buildings, boundaries, and more.

G:
increased disputes over land boundaries and property titles, as the official records would not accurately reflect the
ground realities. 51
The lack of accurate boundary information could lead to a rise in legal disputes between landowners. undermine the public's trust in the surveying profession. potential buyers may be hesitant to invest, leading to decreased property values and affecting local real estate
markets. The cumulative effect of unresolved property disputes, reduced investment in real estate, and poor urban planning can
have a significant economic impact, hindering local and even national development.

Land surveyors entitled to enter land59.1
(1)A practising land surveyor engaged in the practice of land surveying, or a person performing, for a practising land
surveyor, duties in relation to the practice of land surveying, must be permitted to pass over any land without hindrance
from any person.

(2)On the request of an occupier of land or a person authorized by an occupier of land,(a)a practising land surveyor
entering or on the land must show identification and proof that the land surveyor is registered with the association as a
practising land surveyor, and(b)a person entering or on the land and performing, for a practising land surveyor, duties in
relation to the practice of land surveying must show identification and proof that the person is acting for a practising
land surveyor. (3)Subsection (1) ceases to apply to a practising land surveyor, or to a person performing, for a practising land
surveyor, duties in relation to the practice of land surveying, who fails or refuses to comply with subsection (2).

Penalty for refusing access to land surveyor
59.2
A person commits an offence who(a)refuses to permit a practising land surveyor engaged in the practice of land
surveying, or a person performing, for a practising land surveyor, duties in relation to the practice of land surveying, to
pass over any land, or(b)interferes with a practising land surveyor engaged in the practice of land surveying or with a
person performing, for a practising land surveyor, duties in relation to the practice of land surveying.

Damage by land surveyor 59.3
If a practising land surveyor or a person performing, for a practising land surveyor, duties in relation to the practice of
land surveying causes damage on land, a court of competent jurisdiction, on application of an owner or occupier of the
land or another person injured, may order the land surveyor to pay compensation to the owner, occupier or other
person for the owner's, occupier's or other person's damages. “Pursuant to

Sec.59 of the Land Surveyors Act, a person must not hold him/herself out to be land surveyor as authorized
under the act to engage in the practice of land surveying”
It helps the association better regulate the profession and build working standards for the land surveyors. If anyone
without qualification by the association claims to be land surveyor, the quality of the survey products cannot be
guaranteed, which will bring damage to the public in construction, boundary re-establishment, identifying interest of
the parcel, etc. Practice
Baseline question (150m length, 68% CI) bearing accuracy meets the requirement? Survey and Plan Rules 2-1 Relative and Absolute Survey Accuracy Standards requires the minimum relative accuracy
for surveys must be +/- 0.02 m plus 80 ppm at 95% confidence level.

Survey and Plan Rules 2-7 Bearings require the bearing derivation must be accurate to 1 minute of arc or better at 95%
CL. Complete a closed-loop traverse, and close on one of the baseline control points. 52(Campbell River - north boundary)Seyward District - extended to 50th parallel. Method 1: Check the relative accuracy after post-processing (usually use 68% CL = 1 sigma). for instance if it is 0.02m. Use 0.02*1.96(1.96 sigma for 95% CL)=0.039m to achieve 95% CL. Then calculate arctan(0.039m/150m) = 54’’ which
means it meets the requirement. Method 2: take 1 minute as required from SPR 2-7 calculate tan(1minute)*150m/1.96(1.96 sigma for 95%) = 0.022m. Therefore after close traverse on one of the control point of the baseline.

As long as the misclosure is smaller than
0.022m, it will meet the requirement. 68% CI means 1 sigma for the relative accuracy. To determine 95% Confidence Level we need to use 1.96 times sigma:
Use the “relative baseline accuracy” ie. arctan(0.015m / 150m) = 20” at 68%CL
arctan(0.015m*1.96 / 150m) = 40” at 95%CL (SPR requires 1’ at 95% CL)
Ex. What is the minimum relative accuracy as per the new SPR for 2 points that are 112.531m apart? = 0.02 +/- 80 PPM = 0.02m +/- 80/1,000,000 *112.531m/1.96 = 0.025m
Ex. What is the minimum relative accuracy as per the new SPR for 2 points that are 150m apart?

= 0.02 +/- 80 PPM = 0.02m +/- 80/1,000,000 *150m/1.96 = 0.026m
How do you know your survey meets the relative accuracy requirement?????? Survey and Plan Rules 2-1 Relative and Absolute Survey Accuracy Standards requires the minimum relative accuracy
for surveys must be +/- 0.02 m plus 80 ppm at 95% confidence level. Survey and Plan Rules 2-7 Bearings requires the bearing derivation must be accurate to 1 minute of arc or better at
95% CL. Do a close-loop traverse and check the misclosure. Does it fit the accuracy requirement: 0.02m +/- 80 ppm.

Ex.The minimum relative accuracy for 2 points that are 150m apart:
If the misclosure is less than 0.026m, then it meets with the SPR requirement. Calibrate the survey instruments, make sure that they are working properly. Use the least square adjustment package, we can review the adjustment report to confirm the accuracy standard has
been met. Field crew, trying to tie the last evidence, out by quite a bit. The field crew didn’t check backsights and didn’t do error
control. What is the best court of action? 1.

First, fundamental practice is always to do backlight checks and any other additional checks during a set-up
(preferably, lots of common points should be checked from one setup to the next for redundancy). Emphasize the
importance of error control and backlight checks. 2. Examine the field notes and raw data and see where the potential errors start (isolate good data from the bad ones)
3. For any setup that does not have checks or error control, it must be redone on the field. 4. Explain to the crew about the importance of the checks, find out what stops the crew from checking backsight. 5. Go back to all works done by the same crew, find out the same mistakes that may be hidden.

BCLS needs to supply sufficient training and supervision. Accordion to code of ethics #3)
1. Figure out where the crew stopped doing the checks and error control. 2. Isolate the error portion from the rest of the good survey where the crew confirms backsight and checks. 3. In the office, confirm there are no other recent unregistered plans that may have been put in the same corner. If
there is none, we have to redo the portion of the survey where the crew neglected the error control. 4. Explain to the crew about the importance of the checks and figure out where the error came from. 53
Need to survey a deep manhole, what kind of training do you need?

Consideration to be taken and equipment need
If a manhole is on the road, you need traffic training. Also, need confined space training (training on toxic gasses (H2S
alive) that could be present. PPE and high high-visibility vest are a must. Also, make sure to have one person on the
road monitoring the traffic. Hire traffic control if necessary. Write down 1-2 key responsibilities a business owner holds to employees during covid-19 pandemic. 1. Keep posted with any new regulations from the federal/provincial government and the Association of Land
Surveyors in BC. 2. Practice social distancing among working with colleagues, clients, etc. 3. Provide more than enough sanitizing tools/equipment, such as gloves, and hand sanitizers. 4.

Check the status of employees frequently, make sure they will have enough rest and stay at home when they
are potentially sick, usually with symptoms. Province-wide COVID restrictions are removed on 2023/06/27 published on LTSA website. Conditional review, how do you have to react? If serious, what is the next consequence? It means the ABCLS has identified certain deficiencies or issues with the surveyor’s work that require further attention
or correction. The surveyor must take appropriate action to address the deficiencies identified in the conditional review. If the deficiencies identified in the conditional review are not addressed in a timely and appropriate manner, the ABCLS
may take further action, which could include disciplinary measures such as fines, suspension, or revocation of the
surveyor’s registration.

G: sections 8.6 (Audits), 8.7 (Practice Reviews) Board Policy Reference
Notification and Documentation: Land surveyors subject to an audit or practice review will receive written notification
detailing the process and instructions. They must submit required documentation within a specified time frame, and
failure to comply may result in the matter being referred to the Practice Advisory Panel for appropriate action. Response to Audit or Practice Review Reports: For a Provisional Audit Report or a Provisional Practice Review Report,
the land surveyor must respond within two weeks, with the possibility of an extension if acceptable reasons are
provided. If the issues are resolved, the file will be closed; otherwise, it may be referred to the Practice Advisory Panel.

Conditional Audit or Practice Review Reports: If defects are found, the land surveyor must provide proof of corrections
within a timeframe established in consultation with the Director of Practice. This includes submitting a corrected plan
and, if applicable, a statutory declaration. Failure to address these issues may lead to further action by the Practice
Advisory Panel. Referral and Action by the Practice Advisory Panel: The Director of Practice may refer any audit or practice review
reports to the Practice Advisory Panel, which can then take various actions such as directing a practice review,
recommending remedial education, or referring the matter to the Complaint Inquiry Committee.

Appeals: Land surveyors have the right to appeal findings or recommendations to the Practice Advisory Panel within
30 days following receipt of a report. The appeal process involves a review by the Panel, which can confirm the report
or return it for further assessment. If serious:
The Practice Advisory Panel could take further actions based on the severity and nature of the issues, including
potential disciplinary actions under the regulatory framework governing the profession. Conditional practice review: you have 30 days to review it, respond to the PAD-practice advisory department, fix the
issues, file a statutory declaration with revision, and respond to PAD. Conditional Plan review: unsatisfactory plans with defects, such as eros or omissions in a plan, fieldwork, and
professional practice.

3 systematics things to do: 3 common plan defects are: numerical error, boundary resolution, and evidence defect. 1. An independent closure check routine. 2. Complete research of all relevant plans in the survey area, analyze the origin of each piece of evidence used in
the boundary resolution and ensure understanding of the rationale behind its location and the quality of the
evidence. 3. Discuss your solution with other BCLS if needed. What kind of forms are signed between BCLS and the client to submit subdivision applications? An authorization letter (ABCLS website) is used to make an application on behalf of the client. “Primary contact authorization letter” for ALR
54(Campbell River - north boundary)Seyward District - extended to 50th parallel.

If the land is on in agricultural land reserve,, ALC government BC - required document (on website) requires “primary
contact authorization letter” must be provided
If don’t meet SPR, what's the course of action????? ABCLS website: Under

Section 75(2)(b) of the Land Surveyors Act, the ABCLS may provide for the exemption of a
particular survey from the application of the Survey and Plan Rules. The authority to provide exemptions from the
Survey and Plan Rules is delegated to the Senior Practice Advisory Manager and Practice Advisory Manager. ABCLS website: For modified posting or if a survey affects Crown lands, any exemption from the Survey and Plan Rules
must be acceptable to the Surveyor General. Applications for exemption from the Survey and Plan Rules are made
through the online application form accessed by logging into the member account.

Applications must include the
● the section or sections of the Survey and Plan Rules for which an exemption is requested
● identification of the survey for which the exemption request is being made
● reasons for and a description of the requested exemption
● a sketch plan of the survey (if necessary, to clarify the application)
Apply for an exemption to Practice Advisory. Survey and Plan Rules I-3 Exemptions to these rules

c) Private land is being surveyed by the Province for the purpose of acquiring the land for park use, wildlife
management, or purposes related to environmental conservation and protection; or d) In special c
Making statement on plan: Sec 108(3) of the land Title Act. subject to an exemption to be granted by minister's order to
the action of Sec 108(2) of the Land Title Act…
Survey exemption request
a.

Name consideration that the department looks at when deciding on the exemption
Association Considerations: (ABLCS website)
- Impact on the survey system of BC
- Public interest (owners and adjacent owners should never be adversely affected)
- Hardships (physical difficulty or extraordinary economic hardship)
- Comments from any agency deemed appropriate)
To practice advisory department - SPR I-3 exemption to these rules. The association may grant an exemption to
these rules in the manner prescribed by policy. 1. Survey for first nation treaty related purposes;
2. Crown land under the Land Act for land exchange purposes;
3. Private land surveyed by the province to acquire the land for park use, etc. 4. Special circumstances that require the special expertise offered through the SG. b.

What do you need to submit for the application? (Applications for exemption from the Survey and Plan Rules are made through the online
application form accessed by logging into your member account. Applications must include:
- the section or sections of the Survey and Plan Rules for which an exemption is requested
- identification of the survey for which the exemption request is being made
- reasons for and a description of the requested exemption
- a sketch plan of the survey (if necessary, to clarify the application)
Upon completing the adjudication of an application, the applicant will be notified of the outcome through their member
account.

If approved, notations to be placed on the face of the plan along with any conditions that pertain to the
exemption will be provided. If the Surveyor General has been consulted as part of the adjudication, and the application for
exemption has been approved, a copy of the approval will be forwarded to the Surveyor
General.) Making statement on plan: Sec 108(3) of the land Title Act. subject to an exemption to be granted by minister's order to
What portal we use to report to SG.

(Web filing system under myLTSA)
55
Circular Letter 461-b states that: An application, containing the information outlined In the application checklist, must be
made to this office to seek permission to conduct a survey under the block outline method. Applications must be
submitted through myLTSA. Insurance. General commercial insurance, work safe BC, professional liability insurance, health insurance, vehicle insurance,
property insurance. Which insurance a client will ask for in signing a contract? (Professional liability, automobile liability, and comprehensive/general liability)
General commercial insurance. What kind of insurance does the association need you to govern? (ABCLS’s dominant insurance)Professional liability insurance. What kind of insurance if your employee falls into a hole? Work safe BC. What kind of insurance if the public person fails in a hole you dug.?

General Commercial Insurance
Surveyors from 1873 & 1874 are quite different. a. Why distance that we tie today cannot match their records, please explain why and give an example(beside
rough terrain)? The fifth land administration system was introduced in 1873 and 1874 in Fraser Valley area. Equipment and methods had been significantly improved since then. For example, old surveyors had chains that are
shorter than standard ones(66’), therefore a systematic error was invovled. Distance tied by a surveyor may be difference from another surveyor due to their reputation. Apart from terrain, conditions in the field may result in differences in measurement, such as the distance we tied in -40
degree in winter could be different than 20 degree in summer.

Look up PRM part 2 - prorated & establishment of boundaries for more details about the difference in distances. The second system, introduced in 1858, is the Vancouver Island sections and ranges system, which is a standardized
system of rectangular parcels, not square, each containing 100 to 160 acres. The third system, utilizing sections, ranges and blocks, was also introduced in 1858, but on the mainland, in the vicinity of
New Westminster, then capital of the mainland colony. The fourth system, the District Lot System, was introduced in 1859 for several parcels along the north shore of the Fraser
River and south shore of Burrard Inlet. The fifth system, the provincial township system was first used in 1873 in the NWD.

this system was used in extending
legal surveys up the Fraser Valley in 1873 and 1874.
the third, fourth and fifth Dominion Survey Systems were used In British Columbia. The 3rd Dominion Survey System was used in the Peace River Block,
4th Dominion Survey System was used in the Railway Belt
The 5th Dominion Survey System incorporates the third Provincial Survey System in the Lower Fraser Valley
PRM - Part 2 - Prorated & Reestablishment of Boundaries. Factors:
(1) The age of the original survey. A smaller difference would be expected against an original survey conducted in 1978
than an original survey conducted in 1878. Equipment and methods had improved significantly over a one-hundred-year
period. (2) The reputation of the original surveyor.

A magnitude of difference typical of comparison with one surveyor may not be
typical of another surveyor. (3) Difficulty of terrain. Steep terrain tends to magnify the discrepancies between older and newer equipment and
methods. 56(Campbell River - north boundary)Seyward District - extended to 50th parallel. (4) Conditions in the field at the time of the original survey. Although corrections should be applied to field measurements
to correct for temperature and other factors, the reality of performing surveys at minus 40 C in January or at 20 C in a
driving October rain makes comparisons with a survey conducted on a pleasant 200 C day in July difficult. b. Why proration cannot work between two surveyors when they try to re-tie the line? 1. Double proportion may occur.

2. Proration may not match the occupation. 3. Prorating discrepancies between all owners affected are not valid in law and do not trace boundaries to the
original. 4. The discrepancy threshold is not stated. 5. Some old land surveyors had chains which were shorter than standard ones (66’) so there is systematic error
involved, which means the original monuments are in place govern says the proration is not the solution in this
case. Look up PRM part 2 - prorated & establishment of boundaries for more details about the difference in distances. 1. errors may accumulate from the original survey plan. Attempting to apply a uniform adjustment based on proration
might not account for these accumulated errors accurately.

2. lack of consistency - Surveying techniques and instruments used by different surveyors can vary. Inconsistent
measurement techniques, reference points, and equipment can lead to inaccuracies when attempting to adjust for
proration. Unregistered post question
a. If determined to be unregistered, what do you put on the plan? Put the Letter “U” beside the unregistered Monumentation, and add “U” in the legend: U Denotes Unknown
Survey and plan rule changes, which act and which section give the ABCLS authority of it. As per Sec 73 of the Land Act and Sec 75 of the Land Surveyors Act, ABCLS makes the rules for the Land Survey Act. (Authorized by

Section 75, Land Surveyors Act, (RSBC 1996) Chapter 248 Power to make rules for surveys 75 (1)For
this Act and the following enactments, the association may make rules for surveys and plans, including plans in
electronic format:)
What are 3 types of plans that can be done if a client wants to build and sell 3 sets of duplexes separately? Air space plan, phased-bare land strata plan, phased strata plan. conventional strata plan won't work because for conventional strata plan registration, all 3 buildings have to be
registered at the same time. Subdivision 3 sets of duplexes into three separate parcel can be achieved by registering a subdivision plan pursuant to
Sec 67 of Land Title Act compliance with the local zoning bylaw.

Three ways of georeferencing an explanatory plan? 2-7 SPR: On the face of the explanatory plan, identify “bearings are grid derived from Plan EPPXXXX”
If the Explanatory plan is prepared as part of a larger survey that has been georeferenced according to the instructions
in Parts 2-2 of the Survey and Plan Rules, use the same georeferencing applied in that survey
2-7 of SPR: Grid bearings may be derived from adjacent survey, which conforms to Rule2-7(1) and (2)
Court Case
Rotter case
a. Supreme court case decision? 57
The trial judge found that the ad medium filum presumption applies in BC, and that the Canex ownership extends to
the middle thread.

The Supreme court confirmed the principle of ad medium filum may apply to properties that borders non-navigable
water
b. BC court’s trial decision? The BC Court of Appeals found that, because the Canex title is based on what appears in the Register, under the Land
Registry Act, the presumption does not apply, and the Canex ownership is limited to what appears on the plan. c. As a result of the act, BC abandoned ad medium filum aque. Name the section and its Act
Ad medium filum does not apply in BC as a result of Land Act

Section 55(1). This section precludes private rights of
ownership or control over the beds of stream and lake and other bodies
Case law: Okanagan and McForth case
which one they held? Original monument or evidence of occupation? Evidence of occupation was held. What is the lesson we learn? Primary duty of surveyor is to correctly ascertain the position of pre-existing boundary prior to
creating new boundary relative to pre-existing boundary. The gist being that once a boundary is established each subsequent land surveyor has an obligation to re-establish it
in its original location.

If the subsequent land surveyor fails to follow in the footsteps of the original land surveyor and
places boundary markers offset from the original line the new posts do not alter the true location of the boundary. Story:
1. Okanagan radio owns a parcel A, DL 196, which was subdivided from Dunlop owned
remainder of DL196. 2. Lot 1, DL 2710 is to the south of parcel A, DL 196
3. Dunlop claimed there was 385’ gore between south boundary of parcel A and north boundary
of Lot 1 as the ownder of remainder DL 196. He claimed the gore. 5. When Parcel A was surveyed, the post was incorrectly placed 385’ south of where it should have
been. 6. The issue is who owns the gore area?

7. Judge used hierarchy of evidence. 8. No original monument nor Natural bdy. So the court used the evidence of occupation -&gt;
occupation by Okanagan Radio and by the previous owner. Case Law: Richmond Hill Furriers vs. Clarissa Developments from PRM Chap8(6)
An Ontario court case, Richmond Hill Furriers vs. Clarissa Developments Inc. (7RPR3d66), provides further guidance. In
simple terms (the actual lot dimensions are more complicated) a subdivision plan was prepared with five lots of 100
foot width and a 25 foot road allowance along the south edge (a total block length of 525 feet).

This first plan was not
registered, and subsequently the surveyor prepared a second subdivision plan creating five lots of 97 foot width with a
40 foot road allowance along the south edge (still a total block length of 525 feet). Unfortunately, the posts in the field
from the first survey were not moved to the new plan locations, and remained at the 100 foot intervals. Over the years
several additional surveys were done in the block and, not surprisingly, various solutions were used. In the 1950's, the
problem was submitted to the Ontario Boundaries Act Tribunal, which decided that the posts as found should govern.

However, upon appeal the court ruled that the posts in the field were not original posts set on the registered plan and
therefore were not original posts in place. The lots were deemed to be 97 feet wide (more or less) but not defined by
the location of the posts which were set on the first unregistered plan. The court further stated that the hierarchy of
evidence can only apply when there is an ambiguity, and since the posts found were not set to represent the registered
plan, and since the original field notes showing 100 foot lots were available, there is no ambiguity. In this case, the plan
is the best evidence of the location of the boundaries.

Court action:
58(Campbell River - north boundary)Seyward District - extended to 50th parallel. The court further stated that the hierarchy of evidence can only apply when there is an ambiguity, and since the posts
found were not set to represent the registered plan, and the original field notes showing 100 foot lots were available,
there is no ambiguity. In this case, the plan is the best evidence of the location of the boundaries. conclusion:(bao)
Evidence needs to be examined and taken with caution, survey monuments that may appear to be the absolute corner
may have been set in error, and do not represent the intention of the original survey.

The hierarchy of evidence is meant
to be a guide of evidence ranking based on what is less likely to be in error. It is still up to the surveyor to find out which
evidence is best. Accretion Land
Accretion question, Which section and act? Apply to the Surveyor General in accordance with

Determine the water body belongs to federal or provincial crown
Provincial crown - As per Circular Letter 477A explains details about allowing the parcel owner to obtain the land
caused by receding of river or stream from its usual watermark. The new land can be converted into a certificate of
title through an application to Surveyor General. Pursuant to 94(1)(c) of the Land Title Act. Federal crown - Surveyor General Articles-“The River Has Moved” explains a similar case:
Pursuant to Sec 118 of LTA serves to convey the land to the owner. Circular letter 470 & 477(A) tells details about the ownership of the accretion land and steps of the application.

Section 94 ( c) of Land Title Act - procedure & requirement of acquiring accretion land.

Section 92 of Land Title Act - Application for deposit. (process of depositing a subdivision plan)

Sec.38 of Land Title Act addresses accreted land in BC, it states that when accretion occurs along a boundary between
two parcels of land. The boundary will be deemed to have been altered to reflect the new water’s edge. Circular Letter 477(A) states that Sec 94(1)(c) of the Land Title Act cannot be applied if the bed of the adjoining body
of water is privately owned or owned by the Federal Crown. It can only proceed where the adjoining body of water is
owned by the provincial crown. We can use reference plan Pursuant

Section 100(1)(a) of the Land Title Act, to consolidate the accreted
land(consolidation). If apportioned, what is the governing principle?????? Apportion: “Divide and Allocate Fairly”
Few methods depending on the shape of land and existing boundary, and that the most equitable method should be
chosen(ie. Perpendicular to coast line, prolong side line, proportional shoreline etc.) The ways your client can benefit from the lawful accretion and its steps. 1.Filing a reference plan for provincial crown or a statutory right of way plan for federal crown, according to sec 94(a)
and 118(a) of LTA, as stated in circular letter 477A. 2.Survey the natural boundary and show the new boundary in a certificate, then submit to the Surveyor General through
myLTSA.

3.Accompany with an explanation of why the present natural boundary is in a different location. Also explain the
method used to apportion accreted land to the parcels. 4.Upon completing the application, it will be referred for comment to the provincial/federal government agency. 5.The applicant will later be notified of the outcome in writing. Circular letter 470 tells details about the ownership of the accretion land and steps of the application. A certificate of
title is most commonly used based on the original survey plan of the parcel. Land surveyor can identify the present
59
natural boundary and submit an application to the Surveyor General in accordance with

section 94(1)(c) of the Land
Title Act and pay the fees. Circular Letter 477(A) states that Sec 94(1)(c) of the Land Title Act cannot be applied if the bed of the adjoining body
owned by the provincial crown. Professional Reference Manual Chapter8-Part4(1) accretion(2)reliction(3)erosion(4)avulsion
Accretion is the gradual and imperceptible natural deposition of land to an upland parcel. This may be a natural process or
it could be caused by a natural process as a result of a structure placed on another property by another party. (See
Occasional Paper No. 5, March 1995, Ministry of Environment, Lands and Parks, Land and Water Programs Branch.)

States that, under common law lawful accretion belongs to the owner of the upland parcel to which it attaches. To be
considered as lawful accretion the new land must:
b) The rate of accumulation must be slow and imperceptible, that is, the upland accumulation cannot be noticed hour by
hour or day by day, but perhaps can be noticed month by month or year by year,
c) The new land must not be forming as a direct result of the upland owner, for his own benefit, intentionally causing the
new land to form.

However, if the new land is forming as a result of the placement of something up-stream or up-current
such as a groyne, the new land may in certain circumstances be considered as lawful accretion.

Sec. 94 of Land Title Act
94 (1) Despite the Land Act, if a plan to be tendered for deposit in the land title office
(a)includes land that adjoins Crown land and that has lawfully accreted to the land being subdivided, or
(b)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
(c)that the land in question is lawfully accreted land, or
(d)that the water boundary is the natural boundary as defined in the Land Act.

(2) The Surveyor General must not certify a plan under subsection (1) unless the Surveyor General is satisfied that
(a)the land in question has lawfully accreted to the registered land of the subdivider, or
(b)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. (3) An application to the Surveyor General for endorsement under subsection (1) must be accompanied by the fees
payable under this Act.

Circular Letter 470 (a)
A. Accretion and Erosion
In accordance with principles of common law, a parcel having a natural boundary continues to be bound by that natural
boundary as new land lawfully accretes or lawfully erodes. A certificate of title to a parcel is most commonly based upon
the survey plan that created the parcel. As such, where a parcel is bound by a natural boundary, the older the plan, the
more likely it is that the extent of ownership is no longer accurately captured by the registered plan. Depending on the
dynamics of the water body, a survey plan of a parcel having a natural boundary serves to provide a true and accurate
account of the land within the parcel, perhaps, only briefly.

Where the land surveyor finds that lawful accretion has occurred, the owner of the parcel may wish to have ownership of
the new land reflected in their certificate of title. In these circumstances, the land surveyor can proceed with an
application to the Surveyor General in accordance with

On titled lands where slow and imperceptible erosion has occurred along a natural boundary, ownership of the land below
the natural boundary has been lost and, if the foreshore is provincial Crown land, the eroded land is provincial Crown land. In these situations, the land surveyor must return the eroded areas to the Crown on his or her survey plan to ensure that
the extent of land reflected in the new certificate of title properly reflects the true extent of ownership. Lands labelled as
being returned to the Crown will vest in the Crown pursuant to

When facing an accreted land in a controlled-elevation water body. ? ???? a. Cite the specific statutory provision that authorizes this action and name all the parties who will endorse the
deposit of this instrument. 60(Campbell River - north boundary)Seyward District - extended to 50th parallel. Circular Letter 470 explains details about the ownership and application process regarding to artificial high water
marks(controlled-elevation)
land surveyor can proceed with an application to the Surveyor General in accordance with

Title Act
Circular Letter 477A states that Sec 94(1)(c) of the Land Title Act cannot be applied if the bed of the adjoining body of
water is privately owned or owned by the Federal Crown. Pursuant to

Section 100(1)(a) of the Land Title Act, if registering a reference plan to obtain the accreted land. Sec 95 and 96 of the Land Title Act, the Surveyor General can endorse a certificate certifying that the water boundary
shown on the plan is the new natural boundary if a subdivision or reference plan is tendered for deposit. Sec 94 of the Land Title Act explains details about the endorsement of the certificate. According to Sec 94-97 of the Land Title Act: all registered owners need to agree with it. Also including Surveyor
general, BCLS. with witnesses required in Sec 72 of Land Title Act. b. Is the present natural boundary automatically the same as the controlled elevation?

According to Sec 96 of the Land Title Act, the Owner can submit a plan to the Surveyor General, who certifies that the
water boundary shown on the plan is the natural boundary. The present natural boundary cannot automatically be the
same unless the plan is deposited in the land title office. In Circular letter 470 part B - artificial changes: when an excavation has occurred or fill has been replaced the present
natural boundary will generally remain at its location immediately before the excavation of material or the placement of
fill. It is the surveyor’s responsibility to employ the best forensic means to determine whether the natural boundary was
located immediately before flooding, excavation or filling occurred.

Section 55 of Land Act: if crown land is or has, before March 27, 1961, been disposed of by the
government by crown grant, and if the waterbody is marked in any color other than red, the waterbody will not be
included in the crown grant. Determine the water body belongs to federal or provincial crown
Provincial crown -
As per Circular Letter 477A explains details about allowing the parcel owner to obtain the land caused by receding of
river or stream from its usual watermark. The new land can be converted into a certificate of title through an
application to Surveyor General. Pursuant to 94(1)(c) of the Land Title Act.

Federal crown - Surveyor General Articles-“The River Has Moved” explains a similar case:
Pursuant to Sec 118 of LTA serves to convey the land to the owner. Sec 94 of Land Title Act allows Surveyor General to endorse on plan a certificate to show a water boundary that differs
from the water boundary shown on the plan already deposited on which the present title is based. Also for adjusting boundary:
Circular Letter 470 explains details about allowing the parcel owner to obtain land for the purpose of adjusting natural
boundaries. Land surveyor should proceed with an application to Surveyor General in accordance with

section 94(1)(d)
of the Land Title Act. Also, Sec 58 of the Land Act allows individuals to obtain land from the crown if the minister considers it advisable, and
endorses a declaration on the plan that the land is included in the grant or need not be retained by the government. The
application should include the declaration of intention when submitted to the administrator. 61
In the case of originally SRW:
See Land Act Crown Land Fees Regulation for application fees. b. To whom the application is made? What goes on the subdivision plan? To the Surveyor General. Circular Letter 477A explains details about the application procedure. Surveyor General is the decision maker under
Sec 94(1)(c) and 118(1) of the land title Act.

Define if it is a lawful accretion or natural boundary adjustment. As per SPR 4-2(4)(a): "The unregistered land included within this plan is accreted land.” for pursuant to Sec 94(1)(c) of
LTA
SPR4-2(5) for pursuant to Sec 118(1) of LTA
According to 3-13 SPR: If it is on a posting plan, it must note on plan: the natural boundary is not coincident with the
natural boundary according to the registered plan. Be aware that according to circular letter No 475A. Prior to undertaking any survey of crown land, an application must
be made to the surveyor general for survey instruction. Sec 58 of Land Act
(2) The application must be accompanied by a print of the proposed plan of subdivision.

allows individuals to obtain land from the crown if the minister considers it advisable,
(3) endorse a declaration on the plan that the land is included in the grant or need not be retained by the government. The
application should include the declaration of intention when submitted to the administrator. The application is made to the local govenrment. 62(Campbell River - north boundary)Seyward District - extended to 50th parallel.

section 12 (2) and (3) (a) and section 13 (2) (b) of the Act, the prescribed percentage is 10%. (2) For the purposes of

section 12 (3) (b) of the Act, the prescribed percentage is 50%. [en. B.C. Reg. 7/2023, Sch. 2, s. 1.] 3.1 (1) For the purposes of

section 14 (5) of the Act, the owner developer must pay to the strata corporation an additional amount calculated as follows:
(a) if the accrued expenses are at least 10% greater but less than 20% greater than the estimated operating expenses, the additional amount is the amount payable under

section 14 (4) of the Act multiplied by 2;
(b) if the accrued expenses are at least 20% greater than the estimated operating expenses, the additional amount is the amount payable under

section 14 (4) of the Act multiplied by 3. (2) For the purposes of

section 17 (b) of the Act, the owner developer must pay to the strata corporation
(a) $1 000 if the first annual general meeting is delayed for a period of up to 30 days after the date required under

section 20 (2) (a) (vi) of the Act, the owner developer must give the strata corporation the names and addresses of
(a) the contractors or subcontractors primarily responsible for the supply of labour or materials to each of the major components of the project,
(b) technical consultants, including building envelope specialists, if any, and
(c) the project manager, if any. (2) For the purposes of subsection (1) (a), the major components of the project are the following:
3.3 (1) For the purposes of

section 21 (3) (a) of the Act, the first annual budget must contain the information required by section 6.6 of this regulation. (2) For the purposes of

section 21 (3) (a) of the Act, the financial statement must contain the following information:
(a) the details of the strata corporation's income from all sources from the first day of the period covered by the interim budget until a day that is within the 6 week period before the date of the first annual general meeting;
(b) the details of expenditures out of the operating fund for the period referred to in paragraph (a);
(c) the details of any expenditures or accrued expenses not included in the operating expenses estimated in the interim budget;
(d) the amount in the contingency reserve fund on the first and last day of the period referred to in paragraph (a). 3.4 For the purposes of

section 93 of the Act, the amount of the annual contribution to the contingency reserve fund for the fiscal year following the first annual general meeting must be at least 10% of the total amount budgeted for the contribution to the operating fund for the 12-month period covered by that budget. [en. B.C. Reg. 7/2023, Sch. 2, s. 2.] Part 4 — Strata Corporation Governance
4.01 For the purposes of

section 34.1 of the Act, "hearing" means an opportunity to be heard in person at a council meeting. [en. B.C. Reg. 312/2009, s. 1.] 4.1 (1) In addition to the records required to be prepared under

section 35 (1) of the Act, the strata corporation must prepare a record of
(a) each council member's telephone number, or
(b) some other method by which the council member may be contacted at short notice, as long as that method is not prohibited by the bylaws. (2) The strata corporation must permanently retain the records and documents referred to in

section 35 (2) (b), (e), (h), (n.1), (n.3) and (n.4) of the Act. (2.1) The strata corporation must retain reports referred to in

section 35 (2) (n.2) of the Act until the disposal or replacement of the items to which the reports relate. (3) The strata corporation must retain the records and documents referred to in

section 35 (1) (a) and (d) and 35 (2) (f), (i), (j), (l) and (m) of the Act for at least 6 years. (4) The strata corporation must retain the written contracts, including insurance policies, referred to in

section 35 (2) (g) of the Act, for at least 6 years after the termination or expiration of the contract or policy. (5) The strata corporation must retain the correspondence referred to in

section 35 (2) (k) of the Act for at least 2 years. (6) The strata corporation must retain current copies of the records and documents referred to in

section 35 (1) (b) and (c) and 35 (2) (c) and (d) of the Act and subsection (1) of this section. (7) The strata corporation must retain the following records and documents referred to in

section 35 (2) (n) of the Act and obtained from the owner developer under sections 20 and 23 of the Act for the following periods:
(a) the records and documents referred to in

section 20 (2) (a) (i), (ii), (iv), (v) and (vi) of the Act must be permanently retained;
(b) the contracts, including insurance policies, referred to in

section 20 (2) (a) (iii) of the Act must be retained for at least 6 years after the termination or expiration of the contract or policy;
(c) the records and documents, other than warranties, referred to in

section 20 (2) (a) (vii) of the Act, must be retained until the disposal or replacement of the common property or common asset to which they relate;
(d) the warranties referred to in

section 20 (2) (a) (vii) of the Act must be retained until the disposal or replacement of the common property or common asset to which they relate, or the expiration of the warranty coverage, whichever comes first;
(e) the financial records obtained under

section 23 of the Act, if any, must be retained for at least 6 years after the transfer of control referred to in section 22 of the Act. [am. B.C. Regs. 89/2013, ss. (a) and (b); 88/2024, Sch., s. 1.] 4.2 (1) The maximum fee that the strata corporation may charge for a copy of a record or document provided under

section 36 of the Act is 25 cents per page. (2) No fee may be charged to an owner, a tenant or a person authorized by an owner or tenant for the inspection of a record or document under

section 37 (2) of the Act, a person providing strata management services who fails to give the strata corporation any of the records required to be given under section 37 (1) of the Act must pay to the strata corporation $1 000. 4.4 The maximum fee that the strata corporation may charge for an Information Certificate, including required attachments, referred to in

section 59 of the Act is $35 plus the cost of photocopying, or other means of reproduction, up to 25 cents per page. 4.5 A Mortgagee's Request for Notification under

section 60 of the Act expires on the earlier of the following:
(a) 5 years from the date of the request;
(b) the date the mortgagee ceases to be a mortgagee of the strata lot. 5.1 (1) An owner who wishes to decrease the habitable part of the area of a residential strata lot without amending the Schedule of Unit Entitlement need not comply with the requirements set out in

section 70 (4) of the Act. (2) An owner who wishes to increase the habitable part of the area of a residential strata lot without amending the Schedule of Unit Entitlement need not comply with the requirements set out in

section 70 (4) of the Act if
(a) the increase to the habitable part, combined with any previous increase to the habitable part, is less than 10% of the habitable part and less than 20 square metres, and
(b) the owner obtains the prior written approval of the strata corporation. 5.101 For the purposes of

section 76 (2) (b) (ii) of the Act,
(a) parking stalls that meet both of the following criteria are a prescribed class of parking stalls:
(i) EV charging infrastructure has been installed for use at the parking stall;
(ii) the installation resulted from an owner's request made under

section 90.1 of the Act, and
(b) the period specified for the class of parking stalls prescribed under paragraph (a) of this section is 5 years. [en. B.C. Reg. 261/2023, App., s. 1.] 5.2 For the purposes of

section 88 (2) of the Act, a purchaser of a strata lot from an owner developer must retain a holdback of 7% of the gross purchase price. Part 5.1 — Alterations to Common Property to Install EV Charging Infrastructure for Owner
5.3 The following information is prescribed for the purposes of

section 90.1 (2) (a) of the Act:
(a) the owner's contact information and strata lot number;
(b) a description of the proposed EV charging infrastructure;
(c) the proposed location of the EV charging infrastructure;
(d) the number or location of the parking stall at which the EV charging infrastructure would be used;
(e) the name and contact information of a contractor who is qualified to make the proposed alterations for which approval is sought;
(f) a description, prepared by the contractor referred to in paragraph (e), of the work required to make the proposed alterations;
(g) an estimate, prepared by the contractor referred to in paragraph (e), of
(i) the cost of making the proposed alterations, and
(ii) the time needed to make the proposed alterations. [en. B.C.

section 90.1 (2) (b) of the Act, the date on or after which an owner must make a request under section 90.1 (1) of the Act is as follows:
(a) if the strata corporation is required to obtain an electrical planning report referred to in

section 94.1 of the Act, the earlier of the following dates:
(i) the date on which the strata corporation obtains an electrical planning report for the first time;
(ii) the date on or before which the strata corporation is required to obtain an electrical planning report for the first time;
(b) if the strata corporation need not obtain an electrical planning report referred to in

section 94.1 of the Act, December 31, 2026. [en. B.C. Reg. 261/2023, App., s. 2.] 5.5 The class prescribed for the purposes of

section 90.2 (2) (a) of the Act is EV charging infrastructure that displays the label or mark required by section 21 of the Electrical Safety Regulation. [en. B.C. Reg. 261/2023, App., s. 2.] 5.6 For the purposes of

section 90.2 (6) of the Act, the prescribed period is 3 months. [en. B.C. Reg. 261/2023, App., s. 2.]

Part 5.2 — Electrical Planning Report
Division 1 — Deadlines and Exemptions
5.7 In this Division:
"existing strata corporation" means a strata corporation established on or before December 31, 2023 by the deposit of
(a) the first phase of a phased strata plan, or
(b) a strata plan that is not a phased strata plan;
"new strata corporation" means a strata corporation established after December 31, 2023 by the deposit of
"specified area" means any of the following:
(a) the Capital Regional District, other than an island within the Capital Regional District that is accessible only by air or boat;
(b) the Fraser Valley Regional District;
(c) the Metro Vancouver Regional District, other than an island that is accessible only by air or boat.

[en. B.C. Reg. 261/2023, App., s. 2.] 5.8 (1) This section does not apply to a strata corporation if the strata plan is a phased strata plan. (2) Subject to subsection (3), for the purposes of

section 94.1 (2) of the Act, an existing strata corporation must obtain an electrical planning report on or before the following date:
(a) if the land in the strata plan is located wholly or partly in a specified area, December 31, 2026;
(b) if the land in the strata plan is located wholly outside of a specified area, December 31, 2028. (3) An existing strata corporation need not obtain an electrical planning report if the strata plan has fewer than 5 strata lots on December 31, 2023. (4) Subject to subsection (5), for the purposes of

section 94.1 (2) of the Act, a new strata corporation must obtain an electrical planning report on or before the date that is 5 years after the date of deposit of the strata plan. (5) A new strata corporation need not obtain an electrical planning report if the strata plan has fewer than 5 strata lots on the date of deposit. [en. B.C. Reg. 261/2023, App., s. 2.] 5.9 (1) This section does not apply to a strata corporation unless the strata plan is a phased strata plan. (2) For the purposes of

section 94.1 (2) of the Act, an existing strata corporation must obtain an electrical planning report on or before each of the following dates:
(a) if the phases of the phased strata plan that are deposited as of December 31, 2023 include at least one phase with 5 or more strata lots, the following dates:
(i) if the land in the deposited phases is located wholly or partly in a specified area, December 31, 2026;
(ii) if the land in the deposited phases is located wholly outside of a specified area, December 31, 2028;
(b) each time a phase of the phased strata plan is deposited after December 31, 2023 and the number of strata lots in the phase is 5 or more, the date that is 5 years after the date of deposit of the phase.

section 94.1 (2) of the Act, a new strata corporation must, each time a phase of the phased strata plan is deposited and the number of strata lots in the phase is 5 or more, obtain an electrical planning report on or before the date that is 5 years after the date of deposit of the phase. (4) If the number of strata lots in each phase of the phased strata plan is fewer than 5, a strata corporation may defer obtaining an electrical planning report until the date that is 5 years after the date of deposit of the final phase. [en. B.C. Reg. 261/2023, App., s. 2.]

Division 2 — Qualified Person and Content of Report
"building code" means the British Columbia Building Code established by the order of the Minister of Municipal Affairs and Housing numbered BA 2018 1 and dated July 16, 2018;
"Part 9 building" means a building described in Article 1.3.3.3. of Division A of the building code, whether or not the building code applies to the building. (2) For the purposes of

section 94.1 (1) of the Act, "qualified person" means,
(a) in the case of a strata corporation established by a strata plan in which each building is a Part 9 building, a person who meets at least one of the following requirements:
(i) the person is a professional engineer who holds qualifications in electrical engineering and is a member in good standing with the Association of Professional Engineers and Geoscientists of the Province of British Columbia;
(ii) the person is registered as an applied science technologist under the Professional Governance Act;
(iii) the person is a journeyperson, as that term is defined in the Skilled Trades BC Act, in the construction electrician or industrial electrician trade, or
(b) in the case of any other strata corporation, a person who meets at least one of the requirements referred to in paragraph (a) (i) and (ii).

[en. B.C. Reg. 261/2023, App., s. 2.] 5.11 (1) In this section, "utility" means
(a) a public utility, within the meaning of

section 1 (1) of the Utilities Commission Act, and
(b) a municipality or regional district that, but for paragraph (c) of the definition of "public utility" in

section 1 (1) of the Utilities Commission Act, would be a public utility within the meaning of that section. (2) For the purposes of

section 94.1 (3) of the Act and subject to section 5.12 of this regulation, an electrical planning report must include the following information:
(a) the date of the electrical planning report;
(b) the name of the person from whom the electrical planning report was obtained and a description of
(i) the person's qualifications,
(ii) the error and omission insurance, if any, carried by the person, and
(iii) the relationship between the person and the strata corporation;
(c) the current capacity of the strata corporation's electrical system;
(d) a list of existing demands on the electrical system, including, without limitation, demands from
(i) EV charging infrastructure, if any, and
(ii) heating, cooling, ventilation and lighting systems;
(e) the current peak demand on and spare capacity of the electrical system;
(f) if applicable, an estimate of the electrical capacity that would be needed to power systems, including heating, cooling and ventilation systems, that are currently powered by an energy source other than electricity;
(g) an estimate of the electrical capacity needed for any other anticipated future demands on the electrical system, including electrical capacity needed to power
(i) heating, cooling, ventilation and other systems that the strata corporation anticipates may be modified or installed in the future, and
(ii) EV charging infrastructure that the strata corporation anticipates may be installed in the future;
(h) steps, if any, that the strata corporation could practicably take to reduce the demands on the capacity of the electrical system;
(i) upgrades or modifications, if any, to the electrical system that the strata corporation could practicably undertake to increase the capacity of the electrical system;
(j) an estimate of the electrical capacity that would be made available if the strata corporation were to take steps referred to in paragraph (h) or undertake upgrades or modifications referred to in paragraph (i).

(3) Despite subsection (2) of this section, if each strata lot in the strata plan is supplied with electricity by a utility independently from each other strata lot, the electrical planning report is only required to include the following information:
(a) the information referred to in subsection (2) (a) and (b) of this section;
(b) a statement that each strata lot is supplied with electricity by a utility independently from each other strata lot. [en. B.C. Reg. 261/2023, App., s. 2.] 5.12 If the strata plan with respect to a strata corporation is a phased strata plan, an electrical planning report obtained by the strata corporation is only required to include the information referred to in

section 5.11 in relation to the following phases of the phased strata plan:
(a) in the case of an electrical planning report that must be obtained on or before the date set out in

section 5.9 (2) (a) (i) or (ii), the phases that have been deposited as of December 31, 2023;
(b) in the case of an electrical planning report that must, under

section 5.9 (2) (b) or (3), be obtained on or before the date that is 5 years after the date of deposit of a given phase, that phase and any earlier phases. [en. B.C. Reg. 261/2023, App., s. 2.] 6.1 (1) For the purposes of

section 93 of the Act, the amount of the annual contribution to the contingency reserve fund for a fiscal year, other than the fiscal year following the first annual general meeting, must be determined after consideration of the most recent depreciation report, if any, obtained under section 94 of the Act. (2) The amount of the annual contribution must be at least 10% of the total amount budgeted for the contribution to the operating fund for the current fiscal year. [en. B.C. Reg. 7/2023, Sch. 2, s. 3.] 6.2 (0.1) For the purposes of

section 94 (1) of the Act, "qualified person" means a person who
(a) has the knowledge and expertise to understand the individual components, scope and complexity of the strata corporation's common property, common assets and those parts of a strata lot or limited common property, or both, that the strata corporation is responsible to maintain or repair, and
(b) in respect of a depreciation report obtained on or after July 1, 2025, is one of the following:
(i) a professional engineer registered as a member in good standing with the Association of Professional Engineers and Geoscientists of the Province of British Columbia;
(ii) a person registered as an architect with the Architectural Institute of British Columbia;
(iii) a person registered as an applied science technologist under the Professional Governance Act;
(iv) a person designated Accredited Appraiser Canadian Institute by the Appraisal Institute of Canada;
(v) a certified reserve planner accredited by the Real Estate Institute of Canada;
(vi) a person designated Professional Quantity Surveyor by the Canadian Institute of Quantity Surveyors.

section 94 of the Act, a depreciation report must include all of the following:
(a) a physical component inventory and evaluation that complies with subsection (2);
(b) a summary of repairs and maintenance work for common expenses respecting the items listed in subsection (2) (b) that usually occur less often than once a year or that do not usually occur;
(c) a financial forecasting section that complies with subsection (3);
(d) the name of the person from whom the depreciation report was obtained and a description of
(i) that person's qualifications,
(ii) the error and omission insurance, if any, carried by that person, and
(iii) the relationship between that person and the strata corporation;
(f) any other information or analysis that the strata corporation or the person providing the depreciation report considers appropriate;
(2) For the purposes of subsection (1) (a) and (b) of this section, the physical component inventory and evaluation must
(a) be based on an on-site visual inspection of the site and, where practicable, of the items listed in paragraph (b) conducted by the person preparing the depreciation report,
(b) include a description and estimated service life over 30 years of those items that comprise the common property, the common assets and those parts of a strata lot or limited common property, or both, that the strata corporation is responsible to maintain or repair under the Act, the strata corporation's bylaws or an agreement with an owner, including, but not limited to, the following items:
(ii) the building's exterior, including roofs, roof decks, doors, windows and skylights;
(iii) the building's systems, including the electrical, heating, ventilation, air conditioning, plumbing, fire protection and security systems;
(iv) common amenities and facilities;
(v) parking facilities and roadways;
(vi) utilities, including water and sewage;
(vii) landscaping, including paths, sidewalks, fencing and irrigation;
(viii) interior finishes, including floor covering and furnishings;
(ix) green building components;
(c) identify common property and limited common property that the strata lot owner, and not the strata corporation, is responsible to maintain and repair.

(3) For the purposes of subsection (1) (c), the financial forecasting section must include
(a) the anticipated maintenance, repair and replacement costs for common expenses that usually occur less often than once a year or that do not usually occur, projected over 30 years, beginning with the current or previous fiscal year of the strata corporation, of the items listed in subsection (2) (b),
(b) a description of the factors and assumptions, including interest rates and rates of inflation, used to calculate the costs referred to in paragraph (a),
(c) a description of how the contingency reserve fund is currently being funded,
(d) the current balance of the contingency reserve fund minus any expenditures that have been approved but not yet taken from the fund, and
(e) at least 3 cash-flow funding models for the contingency reserve fund relating to the maintenance, repair and replacement over 30 years, beginning with the current or previous fiscal year of the strata corporation, of the items listed in subsection (2) (b).

(4) For the purposes of subsection (3) (e), the cash-flow funding models may include any one or more of the following:
(a) balances of, contributions to and withdrawals from the contingency reserve fund;
(5) If a strata corporation contributes to the contingency reserve fund based on a depreciation report, the contributions in respect of an item become part of the contingency reserve fund and may be spent for any purpose permitted under

section 96 of the Act. (6)-(8) Repealed. [B.C. Reg. 88/2024, Sch., s. 2 (d).] [en. B.C. Reg. 238/2011, Sch. 1, s. 2; am. B.C. Regs. 89/2013, s. (c); 88/2024, Sch., s. 2.] 6.21 (1) In this section, "specified area" means any of the following:
(c) the Metro Vancouver Regional District, other than an island that is accessible only by air or boat. (2) Subject to subsections (3) to (5), a strata corporation must obtain a new depreciation report at least once every 5 years.

(3) A strata corporation established before July 1, 2024 that has not obtained a depreciation report since December 31, 2020 must obtain a depreciation report
(a) before July 1, 2026, in the case of a strata corporation located wholly or partially in a specified area, or
(b) before July 1, 2027, in the case of a strata corporation located wholly outside of a specified area. (4) A strata corporation established on or after July 1, 2024 but before July 1, 2027 must obtain its first depreciation report no later than 2 years after the date of the strata corporation's first annual general meeting.

(5) A strata corporation established on or after July 1, 2027 must obtain its first depreciation report no later than 18 months after the date of the strata corporation's first annual general meeting. [en. B.C. Reg. 88/2024, Sch., s. 3.] 6.22

Section 94 (2) of the Act does not apply in relation to a strata corporation if and for so long as there are fewer than 5 strata lots in the strata plan. [en. B.C. Reg. 88/2024, Sch., s. 3.] 6.23 (1) If a strata corporation is established on or after July 1, 2027, the owner developer must, in respect of the strata corporation's obligation to obtain its first depreciation report, pay into the contingency reserve fund the lesser of the following amounts:
(a) $5 000, plus an additional $200 multiplied by the number of strata lots in the strata corporation;
(2) The owner developer must pay the amount set out in subsection (1) no later than the date of the strata corporation's first annual general meeting. [en. B.C.

section 95 (4) of the Act, the strata corporation may only lend money in the contingency reserve fund to the operating fund if both of the following conditions are met:
(a) the loan is to be repaid by the end of that fiscal year of the strata corporation;
(b) the loan is for the purpose of covering temporary shortages in the operating fund resulting from expenses becoming payable before the budgeted monthly contributions to the operating fund to cover these expenses have been collected. (2) The strata corporation must inform owners as soon as feasible of the amount and purpose of any loan made under this section. 6.4 (1) For the purposes of

section 99 of the Act, but subject to a resolution under section 100 of the Act, if a contribution to the operating fund relates to and benefits only limited common property, the contribution is shared only by owners of the strata lots entitled to use the limited common property, and each strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 99 (2) of the Act:
(2) For the purposes of

section 99 of the Act, but subject to a resolution under section 100 of the Act, if a contribution to the operating fund relates to and benefits only one type of strata lot, and that type is identified as a type of strata lot in the bylaws of the strata corporation, the contribution is shared only by owners of strata lots of that type, and each strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 99 (2) of the Act:
(3) Subject to a resolution under

section 100 or 108 (2) (b) of the Act, if a strata lot's share of a contribution to the operating fund is calculated in accordance with subsection (1) or (2), each strata lot's share of the total contribution to the contingency reserve fund or a special levy is to be calculated using the following formula:
6.5 (1) For the purposes of

section 99 of the Act, but subject to a resolution under section 100 or 108 (2) (b) of the Act, if a strata corporation has, by a bylaw passed under section 72 (3) of the Act, taken responsibility for the repair and maintenance of specified portions of some but not all of the strata lots, a contribution to the operating fund or a special levy in respect of the repair or maintenance of those portions is shared only by the owners of the strata lots to which the contribution or special levy relates, and each strata lot's share of the contribution or special levy is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 99 (2) of the Act:
(2) Subject to a resolution under

section 100 of the Act, if a strata lot's share of a contribution to the operating fund or special levy is calculated in accordance with subsection (1), each strata lot's share of the total contribution to the contingency reserve fund is to be calculated using the following formula:
6.6 (1) For the purposes of

section 103 (3) of the Act, the budget must contain the following information for the fiscal year to which the budget relates:
(a) the opening balance in the operating fund and the contingency reserve fund;
(b) the estimated income from all sources other than strata fees, itemized by source;
(c) the estimated expenditures out of the operating fund, itemized by category of expenditure;
(d) the total of all contributions to the operating fund;
(e) the total of all contributions to the contingency reserve fund;
(f) each strata lot's monthly contribution to the operating fund;
(g) each strata lot's monthly contribution to the contingency reserve fund;
(h) the estimated balance in the operating fund at the end of the fiscal year;
(i) the estimated balance in the contingency reserve fund at the end of the fiscal year.

(2) If contributions to the operating fund are calculated in accordance with

section 6.4 (1) or (2), 6.5 (1), 11.2 (1) or (2) or 11.3 (1) of this regulation, those contributions must be identified separately in the budget. 6.7 (1) For the purposes of

section 103 (3) of the Act, the financial statement must contain the following information for the fiscal year to which the financial statement relates as of a day that is within the 2 month period before the date of the annual general meeting:
(a) the opening balance in the operating fund and the current balance;
(b) the opening balance in the contingency reserve fund and the current balance;
(c) the details of the strata corporation's income from all sources, except special levies;
(d) the details of expenditures out of the operating fund, including details of any unapproved expenditures under

section 98 of the Act;
(e) the details of expenditures out of the contingency reserve fund, including details of any unapproved expenditures under

(f) income and expenditures, if any, by special levy under

section 108 of the Act. (2) Within 8 weeks after the end of its fiscal year, the strata corporation must prepare a financial statement updated to the end of the fiscal year. (3) For the purpose of distribution with notice of the annual general meeting, a strata corporation may provide, by bylaw, that the financial information required under subsection (1) (c) to (e) be provided in a summary form. (4) Despite a bylaw under subsection (3), the strata corporation must place before the annual general meeting a financial statement that complies with subsection (1). (5) Despite

section 36 (3) of the Act, if a person who is entitled to a notice under section 45 of the Act makes a request in the period between the date that notice was given and the date of the annual general meeting, the strata corporation must promptly provide a copy of the financial statement that complies with subsection (1) to that person. [am. B.C. Reg. 241/2001, s. 2 (c).] 6.8 (1) For the purposes of

section 107 (1) of the Act, the maximum rate of interest that a strata corporation may set out in its bylaws for the late payment of strata fees is 10% per annum compounded annually. (2) For the purposes of

section 108 (4.1) of the Act, the maximum rate of interest that a strata corporation may establish under that section is 10% per annum compounded annually. [am. B.C. Reg. 312/2009, s. 2.] 6.9 (1) For the purposes of

section 110 of the Act, a strata corporation may impose user fees for the use of common property or common assets only if all of the following requirements are met:
(a) the amount of the fee is reasonable;
(ii) in a rule and the rule has been ratified under

section 125 (6) of the Act. (2) A user fee imposed by a strata corporation may be a fixed amount or an amount determined on a reasonable basis, including, but not limited to, the following:
(a) the user's rate of consumption;
(b) the recovery of operating or maintenance costs by the strata corporation;
[am. B.C. Reg. 36/2018.] 6.10 The maximum fee that the strata corporation may charge for a Certificate of Payment referred to in

section 115 of the Act is $15. 6.11 In addition to an investment permitted under the Act, for the purposes of

section 95 (2) (a) or 108 (4) (b) (i) of the Act, as applicable, a strata corporation may invest money held in the contingency reserve fund or money collected on a special levy in one or more of the following investments:
(a) a savings account or chequing account at a financial institution outside of British Columbia with a deposit, all or part of which is eligible to be insured by the Canada Deposit Insurance Corporation;
(b) a term deposit or a guaranteed investment certificate, if all or part of the deposit or certificate
(i) is eligible to be insured by the Canada Deposit Insurance Corporation or guaranteed by the Credit Union Deposit Insurance Corporation of British Columbia, and
(ii) has a predetermined rate or predetermined rates of interest;
(c) a treasury bill issued by the government of Canada;
(d) any bond, debenture or other evidence of indebtedness issued or guaranteed by the government of Canada or a province, or issued by a corporation incorporated under the laws of Canada or a province, if, at the time of purchase,
(i) the bond, debenture or other evidence of indebtedness has a remaining term to maturity of 5 years or less,
(ii) the interest and principal of the bond, debenture or other evidence of indebtedness are payable in Canadian dollars, and
(iii) the bond, debenture or other evidence of indebtedness has a rating of A or higher from DBRS Limited;
(e) a fixed income exchange-traded fund traded on an exchange in Canada, if, at the time of purchase,
(i) the fund's portfolio does not contain securities other than bonds, debentures and other evidence of indebtedness,
(ii) the holdings in the fund portfolio are denominated in Canadian dollars,
(iii) the average remaining term to maturity of the holdings in the fund's portfolio is 5 years or less, and
(iv) 98% or more of the value of the holdings in the fund's portfolio have a rating of BBB or higher as reported by the issuer of that fund.

[en. B.C. Reg. 68/2014, s.1; am. B.C. Reg. 41/2019, s. 2.] "child" means a person under the age of 19 years;
"specified resident", in relation to a bylaw referred to in

section 123.1 (2) of the Act, means a resident of a strata lot who
(a) has reached the age specified in the bylaw, or
(b) is a person referred to in

section 123.2 (a) of the Act to whom a requirement in the bylaw to have reached a specified age does not apply;
"spouse" means a person who
(a) is married to another person, or
(b) is living with another person in a marriage-like relationship. (2) For the purposes of

section 123.2 (c) of the Act, the following classes of persons are prescribed:
(a) a child, if one of the child's caregivers is a specified resident;
(b) a person who is 19 years of age or older, if the person resides in a strata lot with a specified resident who was one of the person's caregivers before the person reached the age of 19 years;
(c) the spouse of a specified resident. [en. B.C. Reg. 116/2023.] 7.1 (1) For the purposes of

section 132 of the Act, the maximum amount that a strata corporation may set out in its bylaws as a fine for the contravention of a bylaw or rule is,
(a) if not otherwise specified in this subsection,
(i) $200 for each contravention of a bylaw, and
(ii) $50 for each contravention of a rule, and
(b) Repealed. [B.C. Reg. 6/2023, s. 1.] (c) in the case of a bylaw that prohibits or limits use of all or part of a residential strata lot for remuneration as vacation, travel or temporary accommodation, $1 000 for each contravention of the bylaw. (2) For the purposes of

section 132 of the Act, the maximum frequency that a strata corporation may set out in its bylaws for the imposition of a fine for a continuing contravention of a bylaw or rule is
(b) in the case of a bylaw described in subsection (1) (c), daily. [en. B.C. Reg. 162/2018; am. B.C. Reg. 6/2023, s. 1.] 7.2 For the purposes of

section 135 (1) (e) of the Act, "hearing" means an opportunity to be heard in person at a council meeting. 9.1 (1) For the purposes of sections 149 (1) (d) and 152 (b) of the Act, "fixtures" means items attached to a building, including floor and wall coverings and electrical and plumbing fixtures, but does not include, if they can be removed without damage to the building, refrigerators, stoves, dishwashers, microwaves, washers, dryers or other items. (2) For the purposes of

section 149 (4) (b) of the Act, "major perils" means the perils of fire, lightning, smoke, windstorm, hail, explosion, water escape, strikes, riots or civil commotion, impact by aircraft and vehicles, vandalism and malicious acts. [am. B.C. Reg. 265/2000.] 9.2 For the purposes of

section 150 of the Act, the strata corporation must obtain and maintain liability insurance for a minimum amount of $2 000 000. 9.3 The strata corporation must file in the land title office a certified copy of any order made by the court under

section 160 of the Act. Part 10 — Legal Proceedings and Arbitration
10.1 An administrator appointed under

section 174 of the Act must file in the land title office a certified copy of the court order making the appointment. 11.1 For the purposes of

section 191 (1) (c) of the Act, the following are the different types of residential strata lots:
(a) apartment-style strata lots;
11.2 (1) For the purposes of

section 195 of the Act, but subject to a resolution under section 100 of the Act, if a contribution to the operating fund relates to and benefits only limited common property for the exclusive use of strata lots in a section, the contribution is shared only by owners of the strata lots entitled to use the limited common property, and each strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 195 of the Act:

section 195 of the Act, but subject to a resolution under section 100 of the Act, if a contribution to the operating fund relates to and benefits only one type of strata lot in a section, and that type is identified as a type of strata lot in the bylaws of the section, the contribution is shared only by owners of strata lots of that type, and each strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 195 of the Act:

11.3 (1) For the purposes of

section 195 of the Act, but subject to a resolution under section 100 or 108 (2) (b) of the Act, if a section has, by a bylaw passed under section 72 (3) of the Act, taken responsibility for the repair and maintenance of specified portions of some but not all of the strata lots in the section, a contribution to the operating fund or a special levy in respect of the repair or maintenance of those portions is shared only by the owners of the strata lots to which the contribution or special levy relates, and each strata lot's share of the contribution or special levy is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 195 of the Act:

Part 12 — Leasehold Strata Plans
12.1 For the purposes of the definition of "leasehold landlord" in

section 199 of the Act, "public authority" means any of the following:
(a) a university as defined in the University Act;
(b) the shíshálh Nation established under

section 5 (1) of the shíshálh Nation Self-Government Act (Canada);
(c) the Provincial Rental Housing Corporation;
(d) a board as defined in

section 1 of the School Act;
(e) Musqueam Block F Land Ltd.;
(f) MST (Marine Drive, WV) Land Holdings Ltd.;
(g) MST (Fairmont) Land Holdings Ltd.;
[am. B.C. Regs. 158/2015; 70/2019; 123/2024, Sch., s. 24; 172/2024.] 13.1 If the land included in a phased development is in a rural area, there must be paid to the approving officer the following fees:
(a) for examining a Phased Strata Plan Declaration in Form P
under

section 222 of the Act .................................................... $100
(b) for approving in Form Q a strata plan under

section 224
of the Act................................................................................... $100. 13.2 If a phase other than the first phase of a phased strata plan is deposited, the bylaws of the strata corporation established by the deposit of the first phase, and any amendments to those bylaws, are the bylaws for the new phase. 13.3 (1) Despite

section 100 of the Act, if an owner developer is in compliance with the dates for the beginning of construction of each phase as set out in the Phased Strata Plan Declaration or amended Phased Strata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner developer.

(2) Despite any provision of the Act, if an owner developer is in compliance with the dates for the beginning of construction of each phase as set out in the Phased Strata Plan Declaration or amended Phased Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under

section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner developer:
(a) the keeping or securing of pets;
(b) Repealed. [B.C. Reg. 6/2023, s. 3.] (d) the marketing activities of the owner developer which relate to the sale of strata lots in the strata plan. [am. B.C. Reg. 6/2023, s. 3.] 13.4 (1) The requirements of Part 3 of the Act apply to the first phase of a phased strata plan. (2) The requirements of Part 3 of the Act do not apply to a phase other than the first phase of a phased strata plan except as set out in this section.

(3) If the first annual general meeting of the strata corporation established by the deposit of the first phase of a phased strata plan has not yet been held at the time that a new phase is deposited, the requirements of Part 3 of the Act apply to the new phase as if it were the first phase of a phased strata plan, but
(a) in respect of the application of sections 7 to 14 and 16 of the Act, the reference to the first conveyance of a strata lot must be interpreted as a reference to the first conveyance of any strata lot in the strata plan,
(b) in respect of the application of

section 12 of the Act, the owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund of the strata corporation established by the deposit of the first phase of the phased strata plan,
(c) in respect of the application of

section 13 of the Act, the interim budget referred to in section 13 (1) (a) of the Act must be for the 12 month period following the deposit of the new phase rather than for the 12 month period following the first conveyance of a strata lot to a purchaser,
(d) in respect of the application of

section 14 of the Act, the period referred to in section 14 (1) must be interpreted as the period following the deposit of the new phase until the annual general meeting required under section 230 of the Act, and
(e) in respect of the application of sections 20 (2) (a) and 22 (b) of the Act, the reference to the annual general meeting in those sections must be interpreted as a reference to the annual general meeting required under

section 230 of the Act. (4) Subject to subsection (5), if the first annual general meeting of the strata corporation established by the deposit of the first phase of a phased strata plan has been held at the time that a new phase is deposited, sections 6 (2), 12, 13, 14, 18, 20 (2) (a) and (3), 22 (b) and 23 of the Act apply to the new phase as if it were the first phase of a phased strata plan, but
(a) in respect of the application of

(d) in respect of the application of sections 20 (2) (a) and 22 (b) of the Act, the reference to the annual general meeting in those sections must be interpreted as a reference to the annual general meeting required under

section 230 of the Act. (5) If the strata corporation established by the deposit of the strata plan for the first phase of a phased strata plan has approved a budget at an annual general meeting before the deposit of a new phase, sections 6 (2), 12, 13, 14 (1) to (3) and (6) to (8), 20 (2) (a) and (3), 22 (b) and 23 of the Act, as modified under subsection (4) of this section, apply to the new phase as if it were the first phase of a phased strata plan, with the following changes:
(a) the interim budget referred to in

section 13 (1) (a) of the Act must be based on the budget approved by the strata corporation;
(b) the owner developer must calculate the contribution to the contingency reserve fund required under

section 12 of the Act as a percentage of the estimated annual operating expenses as set out in the interim budget for the new phase of the strata plan only;
(c) in addition to the copy of the interim budget required to be delivered under

section 13 (1) (b) of the Act, the owner developer must deliver a copy of the most recent strata corporation budget to each prospective purchaser of a strata lot in the new phase before the prospective purchaser signs an agreement of purchase and sale. 13.5 (1) At the annual general meeting held under

section 230 of the Act, 2 additional members of the council must be elected from the owners of strata lots in the new phase to hold office until the next annual general meeting of the strata corporation. (2) If the new phase consists of only one strata lot or of strata lots owned by only one or 2 owners, that owner or those owners are deemed to be elected under subsection (1), if that owner or those owners consent. (3) Any limit on the size of council set out in the bylaws is deemed to be increased temporarily by one or 2 to accommodate the temporary addition of a member or members under this section. 13.6 For the purposes of

section 258 of the Act, an owner developer may amend a phased strata plan to designate parking stalls as limited common property in a phase only up to the date of the annual general meeting required by the deposit of that phase under section 230 of the Act. 14.1 For the purposes of sections 241 and 242 of the Act, "previously occupied" means occupied at any time in its past for any purpose, including residential, commercial, institutional, recreational or industrial use, but does not include the occupation of a proposed strata lot by the owner developer solely as a display lot for the sale of strata lots in the proposed strata plan. 14.2 For the purposes of

section 246 of the Act, "habitable area" means the area of a residential strata lot which can be lived in, but does not include patios, balconies, garages, parking stalls or storage areas other than closet space. 14.3 (1) Each sheet of a strata plan must be prepared on mylar film with a minimum thickness of 0.075 mm and a matte finish on both sides, and must be capable of being satisfactorily microfilmed, photocopied or scanned and stored electronically using equipment in the land title office. (2) All lettering, drawing or figures on the strata plan must be made in black ink and must be of a permanent character.

(3) Each sheet must be of a uniform size, which must be either 216 mm x 280 mm or 280 mm x 432 mm, unless the registrar, in special circumstances, authorizes sizes 432 mm x 560 mm or 560 mm x 864 mm. (4) This section does not apply to a strata plan in electronic format that may be submitted for deposit in a land title office in accordance with Part 10.1 of the Land Title Act. [am. B.C. Regs. 295/2006, s. 4; 171/2019, s. (d).] 14.4 (1) Every strata plan tendered for deposit in a land title office must consist of a series of consecutively numbered sheets on the first of which is set out the matters required by

section 244 (1) (a), (b) and (f) of the Act followed by further sheets on which are shown the matters required by section 244 (1) (c), (d), (g), (h), (i) and (j) of the Act and must comply with the following requirements:
(a) each sheet of a strata plan
(i) must be endorsed, if it is the first sheet referred to in the preceding paragraph, in the top right corner "Sheet 1 of........... sheets, Strata Plan ..............", and be endorsed in a like manner for the remaining sheets, and if a strata plan is to be deposited in phases, in addition to "Strata Plan .............." there must be added "Phase ..............", and
(ii) must be dated and contain the name of the surveyor preparing the strata plan;
(b) if the strata plan includes a building, the perimeter of the building must be outlined on the first sheet and the first sheet must show
(i) the dimensions of such perimeter,
(ii) the location of the building relative to the boundaries of the land included within the strata plan, and
(iii) distances from the building to the boundaries, unless this requirement is dispensed with by the registrar;
(c) the strata plan must show the dimensions of the boundaries of the strata lots and limited common property and, if it is a bare land strata plan, must show the bearings of the boundaries of the strata lots and limited common property;
(d) each strata lot must be numbered or lettered on the strata plan consecutively, beginning with Strata Lot 1 or Strata Lot A;
(e) for the purposes of paragraph (d), different parts of a building which together constitute a single strata lot must bear the same strata lot number or letter preceded by "Part" or "Pt", and the area of each part of a strata lot shown must be shown on that part and the aggregate area must be shown on the larger part of the strata lot;
(f) if a strata plan includes a building, any line shown as a boundary of the strata lot represents a wall built from floor to ceiling, unless the strata plan indicates that the line does not represent a wall built from floor to ceiling, and in that case the area of the space must be dimensioned with reference to a wall or walls;
(g) if a floor of a building is stepped out or back from the floor immediately below it, the floor below must be indicated in dotted lines to show the change in perimeter and those lines labelled "perimeter of floor below";
(h) unless the registrar permits the floor plan drawings of more than one floor or building to be shown on a single sheet, only the strata lots located on the same floor of the same building may be drawn on a single sheet, and the name or number of the floor must be shown at the top of the sheet, but a single floor plan drawing may be deposited if there are identical strata lots on identical floors of a building;
(i) the strata plan must include any representations, including an elevation or sectional drawing of the building, that the registrar may consider necessary to identify and locate the strata lots and floors within the building;
(j) strata lots must be numbered upward, starting from the lowest floor, unless the registrar permits otherwise;
(k) the strata plan must be accompanied by one mylar copy of its sheets, which may be machine made, of a quality equal to that specified in

section 14.3 (1), together with any paper prints that are necessary for the purposes of the taxing authorities and one paper print for the land title office;
(l) measurements on the strata plan must be shown in metres and decimals of a metre;
(m) a scale and corresponding bar scale must
(i) be shown on each sheet of the strata plan, and
(ii) must comply with the rules made under

(n) all dimensioned lines and ties on the strata plan, exclusive of enlargements, must be true to scale;
(o) a north point must be shown on each sheet of the strata plan, unless this requirement is dispensed with by the registrar;
(p) all abbreviations or symbols used and all necessary particulars not otherwise expressed must be explained by a legend on the first sheet of the strata plan;
(q) the street address of the land contained in the strata plan must be shown on the first sheet;
(r) the name of the municipality or assessment district in which the strata plan is located must be shown on the first sheet.

(2) If there is insufficient space for an endorsement or other matter required to be shown on the first sheet of the strata plan, it must be shown on the next sheet or sheets. (3) The following do not apply to a strata plan in electronic format submitted for deposit in a land title office in accordance with Part 10.1 of the Land Title Act:
(a) the requirements in subsection (1) that the strata plan consist of a series of consecutively numbered sheets and that particular matters be set out on the first sheet;
[am. B.C. Regs. 207/2004, s. (b); 295/2006, s. 5; 171/2019, s. (d).] 14.5 (1) The approval of a phase in a phased strata plan required by

section 224 of the Act, and referred to in section 244 (1) (h) of the Act, must be in Form Q. (2) The approval for common facilities required by

section 225 (1) of the Act, and referred to in section 244 (1) (h) of the Act, must be in Form R.
(3) The endorsement of nonoccupancy required by

section 241 (1) of the Act, and referred to in section 244 (1) (i) (i) of the Act, must be in Form S.
(4) The approval of the approving authority required by

section 242 (7) or (8) of the Act, and referred to in section 244 (1) (i) (ii) of the Act, must be in Form T.
(5) The endorsement of the British Columbia land surveyor referred to in

section 244 (1) (f) of the Act must be in Form U. 14.6 (1) The mailing address of the strata corporation, required by

section 245 (c) of the Act to accompany a strata plan tendered for deposit, must be set out in Form X. (2) Any bylaws that differ in any respect from the Standard Bylaws, required by

section 245 (d) of the Act to accompany a strata plan tendered for deposit, must be set out in Form Y. 14.7 (1) Every instrument or document filed in a land title office under the Act, including attachments, must be on durable paper 8 1/2 inches by 11 inches in size. (2) The instrument must be completed
(a) by printing or typing in legible characters of 10 or 12 pitch, but not smaller than 12 point, and
(b) by printing or typing in black or dark ink that is compatible with electronic scanning, optical character recognition or micrographic technology of the kind used in the land title office.

(3) The instrument must contain a blank space not less than 1 1/2 inches deep and 6 inches wide in the top right corner of the first page for use by the land title office. 14.8 The fee to be paid to the superintendent for examining a schedule to a strata plan under

section 246, 248 or 264 of the Act is $200 per schedule. [en. B.C. Reg. 203/2003, s. 3.] 14.9 Every strata plan tendered for deposit and registration must be accompanied by
(a) unless the plan is in electronic format, an Application to Deposit Strata Plan in Form Z, signed by the person applying to deposit the strata plan or by the person's agent, and
(b) the duplicate indefeasible title covering the land if it is not already in the land title office. [en. B.C. Reg. 295/2006, s. 6; am. B.C. Reg. 64/2021, s. 3.]

14.10 (1) The deposit and registration of a strata plan must be effected by the registrar endorsing on the first sheet of it in the top right-hand corner the fact of the deposit and registration in the following manner:
Strata Plan .......................... deposited and registered in the Land Title Office at ....................................................... B.C., ...................................[month, day, year]
....................................................................[Registrar]
(2) This section does not apply to a strata plan in electronic format that is submitted for deposit in a land title office in accordance with Part 10.1 of the Land Title Act. [am. B.C. Regs. 295/2006, s. 7; 171/2019, s. (d).] 14.11 (1) On every indefeasible title issued for a strata lot, the registrar must endorse the following:
"STRATA PROPERTY ACT (

Section 249)". (2) The registrar must include on any indefeasible title for a strata lot, in the legal description, the words "together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form V". (3) The registrar must not register an indefeasible title covering more than one strata lot and its owner's share in the common property. (4) On registration of an indefeasible title under

section 249 (2) of the Act, the registrar must transmit to the appropriate taxing authority a copy of the strata plan. "error" means any erroneous measurement or error, defect or omission in a registered strata plan;
"registered strata plan" includes any document, deposited in the land title office, that
(a) is referred to in

section 245 (a) or (b) of the Act,
(b) forms part of a strata plan under the Condominium Act, R.S.B.C. 1996, c. 64 or a former Act, or
(c) amends or replaces a document referred to in paragraph (a) or (b). (2) If it appears to the registrar that there is an error in any registered strata plan, the registrar may give notice or direct that notice be given to any person, in the manner and within the time determined by the registrar, and the registrar, after considering submissions, if any, and examining the evidence, may correct the error. [am. B.C. Reg. 241/2001, s. 3.] 14.13 An application must not, after November 24, 2009, be brought under

section 246 (7) of the Act in respect of a strata lot
(a) if the inaccuracy referred to in

section 246 (7) (b) of the Act was contained in the Schedule of Unit Entitlement at the time of the deposit of the strata plan in a land title office, or
(b) in any other case, unless one or both of the following conditions apply:
(i) the actual habitable area or square footage of the strata lot is at least 10% greater than, or at least 10% less than, the habitable area or square footage used to determine the unit entitlement of the strata lot;
(ii) the actual habitable area or square footage of the strata lot is at least 20 square metres greater than, or at least 20 square metres less than, the habitable area or square footage used to determine the unit entitlement of the strata lot.

[en. B.C. Reg. 273/2009.] 14.14 The registrar must note on the common property record any freehold disposition of common property by the strata corporation and any designation or removal of limited common property. Part 15 — Strata Plan Amendment and Amalgamation
Part 16 — Cancellation of Strata Plan and Winding Up of Strata Corporation
16.1 (1) If a strata plan is cancelled by order of the registrar under

section 275 (1) of the Act or by the filing of a vesting order under section 281 of the Act, the registrar must do all of the following:
(a) make a notation of the cancellation on the strata plan;
(b) make such further entries in the records as the registrar considers necessary;
(c) mail a copy of the order to the appropriate taxing authority. (2) If a strata plan is cancelled by the filing of a vesting order under

section 281 of the Act, the registrar may require the deposit of a reference plan that creates a single parcel from the land shown on the strata plan. [en. B.C. Reg. 241/2001, s. 4.] 17.1 For the purposes of this Part:
"Amended Schedule of Interest on Destruction" means an Amended Schedule of Interest on Destruction prepared in Form Z.1 for filing with the registrar;
"Condominium Act" means the Condominium Act, R.S.B.C. 1996, c. 64, or other former Act;
"schedule of interest on destruction" means, with respect to a strata plan, the schedule required by

section 4 (g) of the Condominium Act or an Amended Schedule of Interest on Destruction, most recently filed with the registrar. [en. B.C. Reg. 289/2000, s. 1.] 17.2 (1) Despite any other provision of the Act, a strata corporation created under the Condominium Act has as its name, and may continue to use, the name given to it under the Condominium Act. (2) Despite subsection (1) or any provision of the Act, the omission or inclusion of the word "No." from a strata corporation's name does not affect the validity of that name.

17.3 (1) Sections 10, 12 (1) to (3) and 14 (5) of the Act do not apply to an owner developer with respect to a strata corporation for which, before the coming into force of this section,
(a) a developer, as defined in the Real Estate Act, has submitted, and the superintendent has accepted and filed, a prospectus under that Act with respect to the strata plan establishing that strata corporation,
(b) a developer, as defined in the Real Estate Act, has submitted, and the superintendent has accepted for filing, a disclosure statement under that Act with respect to the strata plan establishing that strata corporation,
(c) the superintendent has exempted a developer, as defined in the Real Estate Act, individually with respect to the strata plan establishing that strata corporation from the requirements under that Act to submit for filing a prospectus and a disclosure statement, or
(i) the submission and filing referred to in paragraphs (a) and (b) are not required under the Real Estate Act, or
(ii) a developer, as defined in the Real Estate Act, is exempt under that Act, other than as referred to in paragraph (c) of this section, from the requirement to submit for filing a prospectus and the requirement to submit for filing a disclosure statement with respect to the strata plan establishing that strata corporation,
a developer has obtained
(iii) a building permit for all buildings in the strata plan establishing that strata corporation or, if it is a phased strata plan, for all buildings in the first phase, or
(iv) if it is a bare land strata plan establishing that strata corporation, preliminary layout approval.

(2) If a strata plan was deposited under the Condominium Act, and the owner developer holds the first annual general meeting within the time limit that would have applied if the relevant provisions of the Condominium Act were still in force,

section 17 (b) of the Act does not apply. [am. B.C. Reg. 237/2000.] 17.4 A strata corporation created under the Condominium Act need not comply with the requirements of sections 62, 110 and 150 of the Act until January 1, 2002. 17.6 The easements referred to in

section 69 (1) (b) and (2) (b) of the Act do not apply to a strata lot in a bare land strata plan deposited under the Condominium Act unless
(a) the existence of the pipes, wires, cables, chutes, ducts or other facilities was disclosed to the purchaser of the strata lot by the owner developer in the prospectus or disclosure statement required under the Real Estate Act, or
(b) the owner of the strata lot burdened by the easement has consented to the easement in writing. 17.7 Despite

section 76 (2) of the Act, a right, permission or privilege granted, before the coming into force of this section, under section 117 (f) of the Condominium Act or a similar bylaw under which the strata corporation gives an owner permission to exclusively use or enjoy, or a special privilege in relation to, common property that is not designated as limited common property under section 53 of the Condominium Act continues to be enforceable in accordance with its terms, but may be renewed only as permitted by section 76 of the Act. 17.8 (1) A certificate in Form A under

section 38 of the Condominium Act issued by a strata corporation before the coming into force of this section is deemed to be a Certificate of Payment under section 115 of the Act. (2) The certificate in Form A referred to in subsection (1) is valid for the purposes of

section 256 of the Act for a period of 3 months from the date it was issued. 17.9 If a strata corporation created under the Condominium Act has no bylaw that establishes a schedule for the payment of strata fees, the strata corporation is deemed, on the coming into force of this section, to have the bylaw set out in

section 1 of the Standard Bylaws to the Act. 17.10 (1) A rule or regulation made by a strata corporation under

section 117 (h) of the Condominium Act, or made under a similar bylaw, is deemed to be a rule of which owners and tenants have been informed under section 125 (4) of the Act and is deemed to have been ratified as required by section 125 (6) of the Act. (2) Subject to subsection (3), a rule or regulation referred to in subsection (1) that conflicts with a provision in Parts 1 to 17 of the Act or this regulation continues to have effect despite the conflicting provision. (3) On January 1, 2002, a rule or regulation referred to in subsection (1) ceases to have effect to the extent that it conflicts with a provision in Parts 1 to 17 of the Act, this regulation or a bylaw.

section 17.9 of this regulation, the Standard Bylaws do not apply to a strata corporation created under the Condominium Act until January 1, 2002, and on that date apply only to the extent set out in this section. (2) Subject to subsections (3) to (5), a strata corporation bylaw existing under the Condominium Act immediately before the coming into force of this section, including a bylaw under Part 5 of the Condominium Act or under a former Act which was deemed, by

section 26 (2) of the Condominium Act or a similar section of a former Act, to be a bylaw of the strata corporation, continues to have effect despite any provision of the Act or this regulation. (a) the Standard Bylaws are deemed to be the bylaws for all strata corporations created under the Condominium Act, except to the extent that conflicting bylaws are filed in the land title office, and
(b) any bylaws under Part 5 of the Condominium Act or under a former Act which were deemed, by

section 26 (2) of the Condominium Act or a similar section of a former Act, to be bylaws of the strata corporation cease to have effect. (4) Subject to subsection (5), if a strata corporation bylaw filed in the land title office conflicts with a Standard Bylaw, the filed bylaw prevails. (5) On January 1, 2002, a strata corporation bylaw filed in the land title office ceases to have effect to the extent that it conflicts with a provision in Parts 1 to 17 of the Act or this regulation.

(6) Subsection (5) does not apply to a bylaw that was filed in the land title office before July 1, 2000 to the extent that the bylaw provides for the apportionment of contributions to a contingency reserve fund as a common expense according to type of strata lot, if that type of strata lot is a type identified in the bylaws of the corporation or a section. [am. B.C. Reg. 241/2001, s. 5.] 17.12 If

section 3 (4) of the Standard Bylaws is deemed, under section 17.11 (3) (a) of this regulation, to be a bylaw of a strata corporation, section 123 (2) of the Act applies as if that deemed bylaw were passed on January 1, 2002. [am. B.C. Reg. 6/2023, s. 4.] 17.13 (1) Subject to the bylaws of the strata corporation, if a strata corporation's budget, in effect on the coming into force of this section, apportions any common expenses to one or more type of strata lot in accordance with

section 128 (2) of the Condominium Act or a similar bylaw, the strata corporation may continue to use the type of strata lot identified in the budget as a "type of strata lot" for the purposes of sections 6.4 (2) and 11.2 (2) of this regulation. (2) Subsection (1) is of no effect on or after January 1, 2002. (3) Before January 1, 2002, a strata corporation may enact a bylaw that identifies the type of strata lot set out in the budget referred to in subsection (1) as a "type of strata lot" for the purposes of sections 6.4 (2) and 11.2 (2). (4) Despite

section 128 (1) of the Act, a bylaw under subsection (3) may be approved by a resolution passed by a majority vote at an annual or special general meeting. 17.16 (1) If an arbitration has commenced under

section 44 of the Condominium Act before the coming into force of this section,
(a)

section 45 of the Condominium Act applies to that arbitration, and
(b) sections 175 to 189 of the Act do not apply to that arbitration. (2) For the purposes of this section, an arbitration has commenced if the arbitrator or arbitrators have been appointed under

section 44 of the Condominium Act. 17.17 (1) Sections 221 (2) and 222 (2) of the Act do not apply to a phased strata plan for which a Form E under

section 77 of the Condominium Act has been approved by an approving officer before the coming into force of this section.

(2) Despite any section of the Act, if the first phase of a phased strata plan has been deposited in the land title office before the coming into force of this section,
(a) the requirements for the schedule of unit entitlement, schedule of voting rights, schedule of interest on destruction and address for service set out in sections 1 (2) to (6) and 4 (f) to (i) of the Condominium Act and the forms required for those sections apply to all phases of the phased strata plan, and
(b) sections 245 (a) to (c), 246 (1) to (6), 247, 248 and 250 (2) (a) to (c) of the Act do not apply.

(3) The fee to be paid to the superintendent for examining a schedule of unit entitlement, schedule of voting rights or schedule of interest on destruction for a phase in a phased strata plan referred to in subsection (2) is $200 per schedule. [am. B.C. Reg. 203/2003, s. 4.] 17.18

Section 242 (9) of the Act does not apply to an approval of a conversion of a previously occupied building obtained under section 9 of the Condominium Act. 17.19 (1)

Section 258 of the Act does not apply to a strata plan deposited under the Condominium Act. (2) Despite subsection (1),

section 258 of the Act applies to a phase of a phased strata plan if the phase is deposited after the coming into force of this section. 17.20 (1) If a strata corporation that is subject to a schedule of interest on destruction applies under

section 259 of the Act to amend a strata plan to add to, consolidate or divide a strata lot, the application must be accompanied by an Amended Schedule of Interest on Destruction which shows
(a) the same interest on destruction for each strata lot in the strata plan, except the strata lots being altered by the amendment, as is shown on the schedule of interest on destruction,
(b) the same aggregate of interests on destruction for all strata lots in the strata plan as is shown on the schedule of interest on destruction, and
(c) the new interests on destruction for the new strata lots created by the amendment, derived by apportioning the interest on destruction for the strata lots being altered to the new strata lots.

(2) If a strata corporation that is subject to a schedule of interest on destruction applies under

section 262 of the Act to amend a strata plan to make land held by the strata corporation into a new strata lot, the application must be accompanied by
(a) an Amended Schedule of Interest on Destruction which shows
(i) a new interest on destruction for each strata lot in the strata plan including the new strata lot, and
(ii) the aggregate of interests on destruction for all the strata lots in the amended strata plan, and
(b) a Certificate of Strata Corporation in the prescribed form stating that the Amended Schedule of Interest on Destruction referred to in paragraph (a) has been approved by a unanimous vote at an annual or special general meeting.

(3) The Amended Schedule of Interest on Destruction referred to in subsection (2) must be approved by a unanimous vote at an annual or special general meeting. (4) If a strata corporation that is subject to a schedule of interest on destruction applies under

section 263 of the Act to amend a strata plan to add a strata lot to the common property, the application must be accompanied by an Amended Schedule of Interest on Destruction which shows
(a) the same interest on destruction for each strata lot in the strata plan, except the strata lot being added to the common property, as is shown on the schedule of interest on destruction, and
(b) the aggregate of interests on destruction for all the strata lots in the amended strata plan. (5)

Section 267 of the Act applies to an Amended Schedule of Interest on Destruction referred to in subsection (1), (2) or (4) and to the Certificate of Strata Corporation referred to in subsection (2) as though those documents were listed in section 267 (d) of the Act. [en. B.C. Reg. 289/2000, s. 2.] 17.21 (1) If an application is made under

section 269 of the Act to amalgamate 2 or more strata corporations, at least one of which is subject to a schedule of interest on destruction, the application may be accompanied by an Amended Schedule of Interest on Destruction which must show
(a) the interest on destruction for each strata lot in the amalgamated strata plan, and
(b) the aggregate of interests on destruction for all the strata lots in the amalgamated strata plan. (2) If amalgamating strata corporations submit an Amended Schedule of Interest on Destruction with an application under

section 269 of the Act, the Certificates of Strata Corporation required by section 269 (2) (b) (v) of the Act must also state that the Amended Schedule of Interest on Destruction conforms to the amalgamation agreement. (3)

Section 270 of the Act applies to an Amended Schedule of Interest on Destruction referred to in subsections (1) and (2) as though that document was listed in section 267 (d) of the Act. (4) If amalgamating strata corporations to which subsection (1) applies do not submit an Amended Schedule of Interest on Destruction with the application under

section 269 of the Act,
(a) the amalgamated strata corporation is not subject to a schedule of interest on destruction, and
(b)

section 273 (1) and (2) of the Act, for the purposes of section 272 of the Act, and section 278 (1) and (2) of the Act, for the purposes of section 277 of the Act, apply to the amalgamated strata corporation. [en. B.C. Reg. 289/2000, s. 2.]

17.22 (1) A strata corporation that is subject to a schedule of interest on destruction may cancel that schedule of interest on destruction as follows:
(a) a resolution approving the cancellation must be passed by a unanimous vote at an annual or special general meeting;
(b) an application to file the resolution required under paragraph (a) must be made to the registrar accompanied by a Certificate of Strata Corporation in the prescribed form stating that that resolution was passed by a unanimous vote at an annual or special general meeting.

(2) The resolution under subsection (1) must be filed and the notations made in the records of the registrar that the registrar considers necessary, if the registrar is satisfied that the application and accompanying documents comply with subsection (1) (b) and the Land Title Act and regulations made under that Act. (3) A resolution under subsection (1) (a) has no effect until filed under subsection (2). (4)

Section 273 (1) and (2) of the Act, for the purposes of section 272 of the Act, and section 278 (1) and (2) of the Act, for the purposes of section 277 of the Act, apply to a strata corporation that has cancelled a schedule of interest on destruction in accordance with subsections (1) and (2). [en. B.C. Reg. 289/2000, s. 2.] 17.23 (1) Repealed. [B.C. Reg. 184/2024, Sch. 2, s. 6 (a).]

(2) If a declaration of a state of provincial emergency, or a declaration of a state of local emergency, made under the Emergency and Disaster Management Act is in effect where the land in a strata plan is located and at any time during the period of one month that ends on the last day on which a general meeting of the strata corporation must be held under any of the following provisions of the Act, the meeting may be held up to 2 months after the last day on which the meeting must be held under the provision:
(a)

section 16 (1) [first annual general meeting to be held by owner developer];
(b)

section 43 (3.1) [special general meeting to consider winding-up resolution];
(e)

section 51 (6) [special general meeting to reconsider resolution passed by 3/4 vote];
(f)

section 159 (1) [general meeting to decide not to repair or replace damaged property];
(g)

section 230 [annual general meeting after deposit of subsequent phase]. (3) Subsection (2) applies in relation to a declaration of a state of local emergency as defined in

section 175 of the Emergency and Disaster Management Act. [en. B.C. Reg. 117/2020, s. 2; am. B.C. Reg. 184/2024, Sch. 2, s. 6.] Strata Property Act
PROXY APPOINTMENT
(OPTIONAL FORM)
(

Section 56)
Re: Strata Lot ...........[strata lot number as shown on strata plan] of Strata Plan...................................................[the registration number of the strata plan]
[Check only one box]
1 General proxy
I/We, .................................................................................[name(s)], the owner(s)/tenant(s)/mortgagee of the strata lot described above, appoint ..................................................................................[name of appointee] to act as my/our proxy beginning....................................................[month day, year] until ....................................................[month day, year]. 2 Proxy for a specific meeting
I/We, .................................................................................[name(s)], the owner(s)/tenant(s)/mortgagee of the strata lot described above, appoint .............................................................................[name of appointee] to act as my/our proxy at the annual or special general meeting to be held on ....................................................[month day, year].

3 Proxy for a specific resolution
I/We, .................................................................................[name(s)], the owner(s)/tenant(s)/mortgagee of the strata lot described above, appoint..............................................................................[name of appointee] to act as my/our proxy with respect to the following resolution at the annual or special general meeting to be held on ....................................................[month day, year]. [wording of resolution]
[voting instructions]
Limitations on Proxy, if any
[set out limitations]
Date: ...........................................................[month day, year]. .......................................................................
Signature of Owner/Tenant/Mortgagee
.......................................................................
[am. B.C. Regs. 238/2011, Schs. 2 and 3; 172/2016, s. (b); 206/2016, Sch. 1, s. 1; 6/2023, s. 6; 7/2023, Sch. 1; 261/2023, App., s. 3.] INFORMATION CERTIFICATE
(

Section 59)
The Owners, Strata Plan ................................................................[the registration number of the strata plan] certify that the information contained in this certificate with respect to Strata Lot .............[strata lot number as shown on strata plan] is correct as of the date of this certificate. [Attach a separate sheet if the space on this form is insufficient]. Details:
......................................................................................................................................................................
[Provide background on the allocation of parking stalls referred to in whichever of the 3 preceding boxes have been selected and attach any applicable documents in the possession of the strata corporation.] *Note: The allocation of a parking stall that is common property may be limited as short term exclusive use subject to

section 76 of the Strata Property Act, or otherwise, and may therefore be subject to change in the future. Details:
[Provide background on the allocation of storage lockers referred to in whichever of the 3 preceding boxes have been selected and attach any applicable documents in the possession of the strata corporation.] *Note: The allocation of a storage locker that is common property may be limited as short term exclusive use subject to

section 76 of the Strata Property Act, or otherwise, and may therefore be subject to change in the future. Required Attachments
In addition to attachments mentioned above,

section 59 (4) of the Strata Property Act requires that copies of the following must be attached to this Information Certificate:
The rules of the strata corporation;
The current budget of the strata corporation;
The most recent depreciation report, if any, obtained by the strata corporation under

section 94. Date: ........................................................... [month day, year]. .......................................................................
Signature of Council Member
Signature of Second Council Member (not required if council consists of only one member)
OR
Signature of Strata Manager, if authorized by strata corporation
MORTGAGEE'S REQUEST FOR NOTIFICATION
(

Section 60; Regulation section 4.5)
Re: Strata Lot ...............[strata lot number as shown on strata plan] of Strata Plan ...................................................[the registration number of the strata plan]
I, .................................................................................[name], mortgagee of the strata lot described above, request:
[check appropriate box(es)]
notices of annual and special general meetings under

section 45 of the Strata Property Act;
notices of money owing under

section 113 of the Strata Property Act. Date: ...........................................................[month day, year]*. .......................................................................
Signature of Mortgagee, or Agent of Mortgagee
Name and Address for Notification:
*

Section 4.5 of this regulation provides that a Mortgagee's Request for Notification in Form C under section 60 of the Act expires on the earlier of the following:
(b) the date the mortgagee ceases to be a mortgagee of the strata lot. Strata Property Act
STRATA CORPORATION CHANGE OF MAILING ADDRESS
(

Section 62 (3))
Re: Strata Plan................................................................[the registration number of the strata plan]
The mailing address of the strata corporation has been changed to:
....................................................................... Date: ...........................................................[month day, year]. .......................................................................
OR
[am. B.C. Regs. 289/2000, s. 3; 206/2016, Sch. 1, s. 2.] CERTIFICATE OF STRATA CORPORATION
(Sections 78, 79, 80, 100, 214, 257, 259, 261, 262, 263, 266, 269, 274, 283 of the Act and
sections 17.20 to 17.22 of the Regulation)
Complete and file only the applicable form of certificate. CERTIFICATE FOR

SECTION 78, 79, 80, 214, 257, 259, 261, 262, 263 OR 266 OF THE ACT OR SECTION 17.20 OF THE REGULATION
The Owners, Strata Plan...............................................................[the registration number of the strata plan] certify that a resolution referred to in section ........ [section number] of the Strata Property Act or section ........ [section number] of the Strata Property Regulation was passed by a ........ unanimous vote or ........... 3/4 vote [check appropriate vote] at an annual or special general meeting held on ................................................ [month day, year], and that the attached instrument, schedule, plan or other document conforms to the resolution. For the purposes of

section 165 (4) (f) of the Land Title Act, execution of the attached instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act or the Strata Property Regulation, and the instrument conforms to the resolution. .......................................................................
CERTIFICATE FOR

SECTION 100 OF THE ACT OR SECTION 17.22 OF THE REGULATION
The Owners, Strata Plan...............................................................[the registration number of the strata plan] certify that the attached resolution was passed under ........

section 100 of the Strata Property Act or under........ section 17.22 (1) of the Strata Property Regulation [check appropriate authority] by a unanimous vote at an annual or special general meeting held on ................................................ [month day, year]. For the purposes of

SECTION 269
The Owners, Strata Plan...............................................................[the registration number of the strata plan] certify that a resolution referred to in

section 269 of the Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on ................................................[month day, year], and that the attached instrument, schedule, plan or other document conforms to the amalgamation agreement. For the purposes of

section 165 (4) (f) of the Land Title Act, execution of the attached instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act, and the instrument conforms to the resolution. .......................................................................

SECTION 274
The Owners, Strata Plan................................................................[the registration number of the strata plan] certify that
(a) a resolution referred to in

section 272 of the Strata Property Act was passed by an 80% vote at an annual or special general meeting held on .................................................[month day, year],
(b) the attached conversion schedule conforms to the resolution, and
(c) one of the following is the case [check applicable box]:
the resolution has been confirmed by a court order under

section 273.1 of the Strata Property Act and the strata corporation meets the requirements of section 274 (b) (ii) (B);
the strata plan has fewer than 5 strata lots, the written consent required by

section 274 (c) (i) of the Strata Property Act has been given and the strata corporation meets the requirements of section 274 (c) (ii) (B). For the purposes of

SECTION 283
The Owners, Strata Plan................................................................[the registration number of the strata plan] certify that the attached document(s) referred to in

section 283 of the Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on ...........................................................[month day, year]. For the purposes of

CERTIFICATE OF PAYMENT
(

Section 115)
The Owners, Strata Plan ................................................................[the registration number of the strata plan] certify under

section 115 of the Strata Property Act that the owner of the strata lot described as
[parcel identifier] [legal description of strata lot]
(a) does not owe money to the strata corporation, or
(b) does owe money but
(i) the money claimed by the strata corporation has been paid into court, or to the strata corporation in trust, under

section 114 of the Strata Property Act, or
(ii) arrangements satisfactory to the strata corporation have been made to pay the money owing. Date: ..........................................................[month day, year]*. .......................................................................
OR
*

Section 115 (2) of the Act provides that a Certificate of Payment is current for the purposes of section 256 of the Act for a period of 60 days from the date it is issued. Strata Property Act
CERTIFICATE OF LIEN
(

Section 116)
The Owners, Strata Plan................................................................[the registration number of the strata plan] certify that:
1 The owner of the strata lot described below has failed to pay the strata corporation one or more of the amounts owing under

section 116 of the Strata Property Act. 2 The amount owing to the strata corporation as of ............................................[month day, year] is $............................, plus costs permitted under

section 118 of the Strata Property Act. 3 The strata corporation claims a lien under

section 116 of the Strata Property Act for the amount owing under paragraph 2 against the strata lot described below. [parcel identifier] [legal description of strata lot]
OR
ACKNOWLEDGEMENT OF PAYMENT
(

Section 116 (6))
1 The amount owing under the Certificate of Lien registered as No. .......................... against the title to the strata lot described as
has been received. 2 The lien against the strata lot is hereby released. Date: ...........................................................[month day, year]. .......................................................................
OR
[am. B.C. Reg. 312/2009, s. 7.] AMENDMENT TO BYLAWS
(

Section 128)
The Owners, Strata Plan ................................................................[the registration number of the strata plan] certify that the following or attached amendments to the bylaws of the strata corporation were approved by a resolution passed in accordance with

section 128 of the Strata Property Act at an annual or special general meeting held on ...................................................[month day, year]*:
[wording of bylaw amendment]
*

Section 128 (2) of the Act provides that an Amendment to Bylaws must be filed in the land title office. Repealed. [B.C. Reg. 6/2023, s. 7.] Strata Property Act
NOTICE OF TENANT'S RESPONSIBILITIES
(

Section 146)
Re: Strata Lot .......................[strata lot number as shown on strata plan] of Strata Plan ...........................................[the registration number of the strata plan]
IMPORTANT NOTICE TO TENANTS:
1 Under the Strata Property Act, a tenant in a strata corporation must comply with the bylaws and rules of the strata corporation that are in force from time to time (current bylaws and rules attached). 2 The current bylaws and rules may be changed by the strata corporation, and if they are changed, the tenant must comply with the changed bylaws and rules.

3 If a tenant or occupant of the strata lot, or a person visiting the tenant or admitted by the tenant for any reason, contravenes a bylaw or rule, the tenant is responsible and may be subject to penalties, including fines, denial of access to recreational facilities, and if the strata corporation incurs costs for remedying a contravention, payment of those costs. Date: ...........................................................[month day, year]. ......................................................................
Signature of Tenant
NOTICE BEGINNING ARBITRATION
(

Section 179)
I/We, [check appropriate box]
the Owners, Strata Plan ................................................................[the registration number of the strata plan],
the owner(s)/tenant(s) of Strata Lot(s) ................................[strata lot number(s) as shown on strata plan]
give notice to [check appropriate box]
the owner(s)/tenant(s) of Strata Lot(s)..........................................[strata lot number(s) as shown on strata plan]
the Owners, Strata Plan ........................................... [the registration number of the strata plan],
that I / We intend to submit the following dispute to arbitration:
[set out details of dispute, including what happened and the
remedy being sought; attach separate sheet if more space required]
I/We propose that [check only one box]:
the arbitrator of this matter be ...........................................................................[name and occupation of proposed arbitrator].

the arbitrator of this matter be one of the following:
[name and occupation of each proposed arbitrator]
an arbitrator be appointed by:
[proposed method for appointing an arbitrator]
OR
Signature(s) of Owner(s)/ Tenant(s)
NOTICE OF REPLY
(

[Check Box 1 or Box 2]
1 I / We, [check appropriate box]
the owner(s)/tenant(s) of Strata Lot(s)..........................................[strata lot number(s) as shown on strata plan],
the Owners, Strata Plan............................................................................[the registration number of the strata plan],
AGREE to the following arbitrator or method of appointing an arbitrator as proposed in the Notice Beginning Arbitration (Form L) [check appropriate box]:
Arbitrator............................................................................[name and occupation of one proposed arbitrator].

Method for appointing an arbitrator:
2 I / We, [check appropriate box]
the Owners, Strata Plan..................................................................................[the registration number of the strata plan],
DO NOT AGREE to the arbitrator(s) or method for appointing an arbitrator as proposed in the Notice Beginning Arbitration (Form L), and instead propose that [check only one box]:
the arbitrator of this matter be............................................................................[name and occupation of proposed arbitrator]. the arbitrator of this matter be one of the following:
an arbitrator be appointed by
Date: ...........................................................[month day, year].

OR
NOTICE RESPONDING TO REPLY
(

the Owners, Strata Plan ..............................................................[the registration number of the strata plan],
the owner(s)/tenant(s) of Strata Lot(s) ..............................................................[strata lot number(s) as shown on strata plan],
AGREE to the following arbitrator or method of appointing an arbitrator as proposed in the Notice of Reply (Form M) [check appropriate box]:
Arbitrator ............................................................................[name and occupation of one proposed arbitrator].

REJECT the arbitrator(s) or method for appointing an arbitrator as proposed in the Notice of Reply (Form M). Date: ...........................................................[month day, year].

OR
LEASEHOLD STRATA PLAN SCHEDULES
(Sections 206, 214)
Re: Leasehold Strata Plan .......................................................[the registration number of the strata plan]
The restrictions imposed on the lease, assignment or occupancy of the strata lots under sections 206 of the Strata Property Act are as follows:
The purchase price of each strata lot under

section 214 of the Strata Property Act is to be calculated as follows:
Date: ..........................................................[month day, year].

Signature of Leasehold Landlord
PHASED STRATA PLAN DECLARATION
(Sections 221, 222)
I, .................................................................................[full name of applicant], declare
1 That I intend to create a strata plan by way of phased development of the following land which I own or on which I hold a right to purchase:
[parcel identifier] [legal description]
2 That the plan of development is as follows:
[Here set out
(a) a schedule setting out the number of phases in the order in which the phases will be deposited and specifying any common facility to be constructed in conjunction with a particular phase;
(b) a sketch plan showing
(i) all the land to be included in the phased strata plan,
(ii) the present parcel boundaries,
(iii) the approximate boundaries of each phase, and
(iv) the approximate location of the common facilities;
(c) a schedule setting out the estimated date for the beginning of construction and completion of construction of each phase;
(d) a statement of the unit entitlement of each phase and the total unit entitlement of the completed development;
(e) a statement of the maximum number of units and general type of residence or other structure to be built in each phase.]

3 I will elect to proceed with each phase on or by the following dates:
Signature of Applicant
Date of approval: ...........................................................[month day, year]*. .......................................................................
Signature of Approving Officer
Name of Municipality (or as the case may be)
*

Section 222 (2) of the Act provides that approval expires after one year unless the first phase is deposited before that time. Strata Property Act
ENDORSEMENT OF APPROVAL FOR PHASED STRATA PLAN
(

Section 224; Regulation section 14.5 (1))
Approved as Phase ...............[number of phase] of a ................[total number of phases] phase strata plan under

section 224 of the Strata Property Act. Date: ...........................................................[month day, year]. .......................................................................
ENDORSEMENT FOR COMMON FACILITIES IN PHASED STRATA PLAN
(

Section 225; Regulation section 14.5 (2))
I certify that the
[specify common facility],
which according to the Phased Strata Plan Declaration in Form P filed for this strata plan was to have been constructed in conjunction with this phase, has been provided for in accordance with

section 225 (2) of the Strata Property Act. Date: ...........................................................[month day, year]. .......................................................................
ENDORSEMENT OF NONOCCUPANCY
(

Section 241, Regulation section 14.5 (3))
I, ..........................................................................................................., a British Columbia land surveyor, certify that the buildings included in this strata plan have not, as of ..................................................[month day, year]*, been previously occupied. .......................................................................
Signature
*

Section 241 (2) provides that the endorsement must be dated not more than 180 days before the date the strata plan is tendered for deposit. Strata Property Act
ENDORSEMENT BY APPROVING AUTHORITY
(

Section 242; Regulation section 14.5 (4))
I certify that the conversion of the buildings included in this strata plan have been approved under

section 242 of the Strata Property Act. Date: ...........................................................[month day, year]*. .......................................................................
Signature of Authorized Signatory of Approving Authority
*

Section 242 (9) provides that the endorsement must be dated not more than 180 days before the date the strata plan is tendered for deposit. Strata Property Act
ENDORSEMENT OF SURVEYOR
(

Section 244 (1) (f); Regulation section 14.5 (5))
I,......................................................................................................., a British Columbia land surveyor, certify:
1 that the buildings shown on this strata plan are within the external boundaries of the land that is the subject of the strata plan [where applicable, add] subject to clause 2 of this endorsement. 2 that certain parts of the buildings are not within the external boundaries but appropriate and necessary easements or other interests are registered under No. ............................................ [registered charge number], as set out in

section 244 (1) (f) of the Strata Property Act. Date: ...........................................................[month day, year]. .......................................................................
Signature
[am. B.C. Reg. 203/2003, s. 5.] SCHEDULE OF UNIT ENTITLEMENT
(Sections 245 (a), 246, 264)
Re: Strata Plan ................................................................[the registration number of the strata plan], being a strata plan of
Complete and file only the applicable form of schedule. STRATA PLAN CONSISTING ENTIRELY OF RESIDENTIAL STRATA LOTS
The unit entitlement for each residential strata lot is one of the following [check appropriate box], as set out in the following table:
* expression of percentage is for informational purposes only and has no legal effect
** not required for a phase of a phased strata plan

Signature of Owner Developer
....................................................................................................
Signature of Superintendent of Real Estate (if submitted under

section 264 of the Act)
STRATA PLAN CONSISTING ENTIRELY OF NONRESIDENTIAL STRATA LOTS
The unit entitlement for each nonresidential strata lot is one of the following [check appropriate box], as set out in the following table:

STRATA PLAN CONSISTING OF BOTH RESIDENTIAL AND NONRESIDENTIAL STRATA LOTS
Schedule of Unit Entitlement approved by the Superintendent of Real Estate in accordance with

section 246 (5) of the Strata Property Act. .......................................................................
Signature of Superintendent of Real Estate

BARE LAND STRATA PLAN
The unit entitlement for each bare land strata lot is one of the following [check appropriate box], as set out in the following table:
* expression of percentage is for informational purposes only and has no legal effect. ** not required for a phase of a phased strata plan

[am. B.C. Reg. 203/2003, s. 5.] SCHEDULE OF VOTING RIGHTS
(Sections 245 (b), 247, 248, 264)
The strata plan is composed of .........[number] nonresidential strata lots, and .......[number] residential strata lots. The number of votes per strata lot is one of the following [check appropriate box], as set out in the following table. Date: ...........................................................[month day, year]. .......................................................................

STRATA CORPORATION MAILING ADDRESS
(

Section 245 (c); Regulation section 14.6 (1))
The mailing address of the strata corporation is:
OWNER DEVELOPERS' NOTICE OF DIFFERENT BYLAWS
(

Section 245 (d), Regulation section 14.6 (2))
The following or attached bylaws differ from the Standard Bylaws to the Strata Property Act, as permitted by

section 120 of the Act:
[wording of different bylaws]
APPLICATION TO DEPOSIT STRATA PLAN
(Regulation

section 14.9)
I, ...................................................................................................................................................................
[full name, address and telephone number of applicant, or agent of applicant]
apply on behalf of .........................................................................................................................................
[full name, address and occupation of applicant]
to deposit a strata plan of
[parcel identifier] [legal description]. I enclose:
1 The strata plan (original mylar), and the accompanying documents required by

section 245 of the Act. 2 The reproductions of the strata plan required by

section 14.4 (k) of these regulations. 3 Fees of $ ........................
4 Duplicate Indefeasible Title No. ......................... . If a duplicate indefeasible title does not accompany this application, I certify that I have, before making this application, checked that there is no duplicate indefeasible title. Date: ...........................................................[month day, year]. .......................................................................
Signature of Applicant, or Agent of Applicant
[en. B.C. Reg. 289/2000, s. 4.] AMENDED SCHEDULE OF INTEREST ON DESTRUCTION
(Sections 17.20 and 17.21 of the Regulation)
[Provisions relevant to the enactment of this regulation: Strata Property Act, S.B.C. 1998, c. 43, ss. 246 (7), 292 and 293 (4).] Copyright © King's Printer, Victoria, British Columbia, Canada

section 6 of Practice Bulletin No. 3. Specifications
Specifications for Survey Plan Datasets (updated February 23, 2016) were prepared with the participation of the Land Surveyors Advisory Task Force with input from the ABCLS Practice Advisory Department and Board.

Sample survey plan datasets illustrating the specifications have been prepared for reference and include:
- DWG file (1): the sample’s survey data CAD file component
- DXF file (1): Provided for compatibility with older CAD software
- CSV file (1): the sample’s survey data control point file component
- PDF files (3): illustrating different components of the survey plan and dataset
- TXT file (1): describing the contents of the package
Sample 1: Subdivision Plan [.ZIP] (Land Title Act) (Updated May 1, 2017)
Sample 2: Reference Plan of Easement [.ZIP] (Land Title Act) (Updated January 12, 2016)

section 5, 6 or 7;
"beset" means
(a) to continuously or repeatedly observe a service provider, doctor who provides abortion services or patient or a building in which any of them resides or in which abortion services are provided, or
(b) to place oneself close to, and to importune, a service provider, doctor who provides abortion services or patient
for the purpose of dissuading the service provider or doctor from providing, or the patient from using, abortion services;
"doctor" means a member of the College of Physicians and Surgeons of British Columbia;
"facility" means a hospital, clinic or doctor's office in which abortion services are provided;
"parcel" means
(a) land shown in a strata plan deposited in a land title office, or
(b) land within the boundaries of a lot, block or other area into which land is subdivided that is shown on a plan deposited in a land title office, other than a strata plan;
"patient" means a person who is in an access zone in the course of using abortion services, and includes any other person, other than a service provider or doctor who provides abortion services, accompanying them for the purpose of giving them emotional support;
"protest" includes any act of disapproval or attempted act of disapproval, with respect to issues related to abortion services, by any means, including, without limitation, graphic, verbal or written means;
"residence" means the usual place where a person makes their home;
"service provider" means a person, other than a doctor, who provides, or facilitates the provision of, abortion services;
"sidewalk interference" means
(a) advising or persuading, or attempting to advise or persuade, a person to refrain from making use of abortion services, or
(b) informing or attempting to inform a person concerning issues related to abortion services
by any means, including, without limitation, graphic, verbal or written means.

2 (1) While in an access zone, a person must not do any of the following:
(a) engage in sidewalk interference;
(d) physically interfere with or attempt to interfere with a service provider, a doctor who provides abortion services or a patient;
(e) intimidate or attempt to intimidate a service provider, a doctor who provides abortion services or a patient. (2) Despite this section a provincial constable or municipal constable, as defined in

section 1 of the Police Act, may, in an access zone, carry out their duties as a provincial constable or municipal constable. (3) In a prosecution under subsection (1) (a), it is a defence if the defendant establishes that they were acting as
3 A person must not photograph, film, videotape, sketch or in any other way graphically record a service provider, doctor who provides abortion services or patient while the service provider, doctor or patient is in an access zone, for the purpose of dissuading that person from providing, facilitating the provision of or using abortion services.

4 (1) A person must not do any of the following for the purpose of dissuading another person from providing or facilitating the provision of abortion services:
(a) repeatedly approach, accompany or follow the other person, or a person known to the other person;
(c) engage in threatening conduct directed at the other person or a person known to the other person. (2) A person must not repeatedly communicate by telephone, facsimile or electronic means with another person without their consent for the purpose of dissuading a service provider or doctor who provides abortion services from beginning or continuing to provide, or to facilitate the provision of, abortion services.

5 (1) For the purpose of facilitating access to abortion services, the Lieutenant Governor in Council may establish, by regulation, an access zone for a specific facility. (2) An access zone established under subsection (1) includes the parcel on which the facility is located and a prescribed area that extends out a distance not exceeding 50 m from the boundaries of the parcel on which the facility is located.

(3) An access zone established under subsection (1) does not include
(a) if the facility is on a parcel of land shown on a strata plan, a strata lot other than the one on which the facility is located,
(b) if the facility is on a parcel of land not shown on a strata plan, any part of the parcel that a person other than the operator of the facility has an exclusive right to use or occupy, and
(c) private property outside the parcel on which the facility is located, other than private property that the operator of the facility has an exclusive right to use or occupy. (4) A regulation made under subsection (1) may establish access zones with different dimensions for different facilities.

6 (1) An access zone is established for the residence of every doctor who provides abortion services. (2) For the purposes of facilitating the continued availability of service providers to provide, or facilitate the provision of, abortion services, the Lieutenant Governor in Council may establish, by regulation, an access zone for the residences of a class of service providers, or the residence of a specific service provider. (3) An access zone established under subsection (1) or (2) includes the parcel on which the residence is located and an area that extends out 160 m from the boundaries of the parcel on which the residence is located.

(4) An access zone established under subsection (1) or (2) does not include
(a) if the residence is on a parcel of land shown on a strata plan, a strata lot other than the one on which the residence is located,
(b) if the residence is on a parcel of land not shown on a strata plan, any part of the parcel that a person other than the service provider or doctor who provides abortion services has an exclusive right to use or occupy, and
(c) private property outside the parcel on which the residence is located, other than private property that the service provider or doctor who provides abortion services has an exclusive right to use or occupy.

7 (1) An access zone is established for the office of every doctor who provides abortion services. (2) An access zone established under subsection (1) includes the parcel on which the office is located and an area that extends out 10 m from the boundaries of the parcel on which the office is located.

(a) if the office is on a parcel of land shown on a strata plan, a strata lot other than the one on which the office is located,
(b) if the office is on a parcel of land not shown on a strata plan, any part of the parcel that a person other than the doctor who provides abortion services has an exclusive right to use or occupy, and
(c) private property outside the parcel on which the office is located, other than private property that the doctor who provides abortion services has an exclusive right to use or occupy.

(4) The Lieutenant Governor in Council may vary, by regulation, the 10 m distance referred to in subsection (2) for a specific building, up to a maximum of 20 m.
(5) A regulation made under subsection (4) may provide different variances for different buildings. 8 A person may not be convicted of contravening

section 2 (1) or 3 in an access zone established in section 6 or 7 unless the person knew or, at any time before the contravention, was given notice of, the location of the access zone. 9 A person who suffers loss as a result of the contravention of this Act by another person may recover damages from the other person for the loss. 10 (1) On application by a person, including the Attorney General, the Supreme Court may grant an injunction to restrain a person from contravening a provision of this Act. (2) A contravention may be restrained under subsection (1) whether or not a penalty or other remedy is provided by this Act. 11 A provincial constable or municipal constable, as defined in

section 1 of the Police Act, may arrest, without a warrant, a person whom the constable believes on reasonable and probable grounds has committed or is committing an offence under this Act.

12 (1) If a person is brought before a justice after being arrested, with or without a warrant, for an offence under this Act, the justice may order that the person be
(a) released on an undertaking,
(b) released on recognizance with or without sureties, or
(2) A justice may require as a condition of an order under subsection (1) that the defendant do one or more of the following, as specified in the order:
(a) report as directed in the order to a person designated by the justice;
(b) keep the peace and be of good behaviour;
(d) appear before the justice when required to do so by the justice;
(e) comply with any other reasonable conditions the justice considers appropriate.

13 (1) A plan prepared by a British Columbia land surveyor showing the location of an access zone is, without proof of the signature or official character of the surveyor, evidence of the information set out in the plan, including, without limitation, information
(a) required by the regulations to be set out in the plan,
(b) referred to in the surveyor's certification under subsection (3),
(c) respecting a measurement, or
(d) respecting a boundary, survey marker, building, doorway, hallway, stairway, elevator, sidewalk, road, fence, utility pole, tree or any other human made or natural feature related to
(ii) the parcel to which the access zone relates or an adjacent parcel, or
(iii) an area in or near the access zone that is not part of the access zone.

(2) The location of a feature referred to in subsection (1) (d) shown on a plan produced in a prosecution of an offence under this Act is presumed, in the absence of evidence to the contrary, to be the location of that feature at the time the offence was committed. (3) A plan under subsection (1) must include the surveyor's certification that
(a) the surveyor is a British Columbia land surveyor,
(b) the surveyor was present at and personally conducted or supervised the survey represented by the plan, and
(c) the survey and plan are correct and meet any requirements prescribed by regulation under this Act.

(4) With leave of a court, a defendant against whom a plan is produced may require, for the purposes of cross examination, the attendance of the land surveyor who prepared the plan. (5) A plan under subsection (1) must not be received in evidence unless, before the trial, the defendant has received reasonable notice that the plan will be introduced and has received a copy of the plan. 14 (1) In this section, "justice" includes the court before which an appeal is heard in respect of a conviction or an order made under this Act. (2) A person commits an offence who
(a) contravenes

section 2 (1), 3 or 4, or
(b) breaches a probation order made under subsection (7) of this section. (3) A person is liable on a first conviction for any offence under subsection (2) (a) to a fine of not more than $5 000, or to imprisonment for not more than 6 months, or to both. (4) A person is liable, on a second or subsequent conviction for any offence under subsection (2) (a), to
(a) a fine of not less than $1 000 and not more than $10 000, or
(b) both a fine under paragraph (a) and imprisonment for not more than one year.

(5) A person who is convicted of an offence under subsection (2) (b) is liable to a fine of not more than $2 000, or to imprisonment for not more than 6 months, or to both. (6) If a justice makes a probation order under

section 89 (a) of the Offence Act in respect of a defendant convicted of a first offence under this Act, the justice, in addition to or in place of the conditions set out in section 89.2 of the Offence Act, may order that the defendant must not enter an access zone. (7) In addition to fining a defendant convicted of an offence under this Act or sentencing the defendant to imprisonment, the justice, having regard to the age and character of the defendant, the nature of the offence and the circumstances surrounding its commission, may direct that the defendant be placed on probation, with or without sureties, and comply with the conditions in a probation order.

(8) A probation order under subsection (7) may be kept in force for a period not exceeding 2 years. (9) The following conditions are deemed to be set out in a probation order under subsection (7):
(a) that the defendant must keep the peace and be of good behaviour;
(b) that the defendant must appear before the justice when required to do so by the justice.

(10) A justice may require as a condition of a probation order under subsection (7) that the defendant do one or more of the following as specified in the order:
(a) report to and be under the supervision of a probation officer or other person designated by the justice;
(b) refrain from entering an access zone;
(c) make restitution or reparation for any loss suffered as a result of the commission of the offence;
(d) comply with any reasonable condition the justice considers appropriate for securing the good conduct of the defendant and for preventing a repetition by the defendant of the same offence or the commission of other offences. (11)

Section 5 of the Offence Act does not apply to this Act or the regulations. 15 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make the following regulations:
(a) regulations referred to in sections 5 to 7;
(i) an undertaking or a recognizance for the purposes of

section 14 (7);
(c) respecting the manner of making surveys and plans under

section 13, including, without limitation, information that must be included in a plan and the form of the plan. (3) In making a regulation under this Act, the Lieutenant Governor in Council may delegate a matter to a person and confer a discretionary power on a person. Copyright © King's Printer, Victoria, British Columbia, Canada

section 5 (3) of the Access to Abortion Services Act, the access zone for the facility operated by the Everywoman's Health Centre Society (1988) at 2525 Commercial Drive in the city of Vancouver is established as the area within the heavy outline shown on the plan in Appendix 1.1. [en. B.C. Reg. 106/2002, s. 1 (a).] 2.1 Subject to

section 5 (3) of the Access to Abortion Services Act, the access zone for the facility operated by the Elizabeth Bagshaw Society at 1177 West Broadway in the City of Vancouver is established as the area within the heavy outline shown on the plan in Appendix 2.1. [en. B.C. Reg. 277/2000, s. 1.] 3 Subject to

section 5 (3) of the Access to Abortion Services Act, the access zone for the facility operated by the Vancouver Hospital and Health Services Centre at 795 West 13th Avenue in the City of Vancouver is established as the area within the heavy outline shown on the plan in Appendix 3. [en. B.C. Reg. 385/98, s. (a).] 4 Subject to

section 5 (3) of the Access to Abortion Services Act, the access zone for the facility operated by the Vancouver Hospital and Health Services Centre at 899 West 12th Avenue in the City of Vancouver is established as the area within the heavy outline shown on the plan in Appendix 4. [en. B.C. Reg. 385/98, s. (a).] 5 Subject to

section 5 (3) of the Access to Abortion Services Act, the access zone for the facility operated by the Vancouver Island Women's Clinic at 104 — 284 Helmcken Road in the Town of View Royal is established as the area within the heavy outline on the plan in Appendix 5. [en. B.C. Reg. 104/2018, s. (a).] Repealed. [B.C. Reg. 106/2002, s. 2.] [en. B.C. Reg. 106/2002, s. 1 (b).] Repealed. [B.C. Reg. 277/2000, s. 2.] [en. B.C. Reg. 277/2000, s. 1.] [en. B.C. Reg. 385/98, s. (b).] [en. B.C. Reg. 385/98, s. (b).] [en. B.C. Reg. 104/2018, s. (b).] Note: The appendices are exempt from publication, but for the sake of convenient reference they are shown here at approximately one quarter their original size.

You may inspect a full size copy at the office of the Surveyor General, 3400 Davidson Avenue, Victoria, B.C. V8Z 3P8. Provisions relevant to the enactment of this regulation: Access to Abortion Services Act, R.S.B.C. 1996, c. 1, ss. 5 (1) and 15]
Copyright © King's Printer, Victoria, British Columbia, Canada

section 4.1;
"agreement in principle" means a non-binding agreement, negotiated among a first nation government, the Province and Canada in accordance with a process facilitated by the British Columbia Treaty Commission, established under

section 3 of the Treaty Commission Act, that
(a) has been approved by each party in accordance with the approval process provided in the agreement in principle, and
(b) contemplates that legislative authority over all or part of the proposed settlement lands described in the agreement in principle will, under a final agreement or a governance agreement and an enactment of the Province or Canada, be provided to the first nation;
"agricultural land" means land that
(a) is included in the agricultural land reserve under

section 15 (1.1), 17 (3.1) or 45 (1) of this Act, or
(b) was included under a former Act as agricultural land or land in an agricultural land reserve,
unless the land has been excluded from the agricultural land reserve under this Act or from an agricultural land reserve under a former Act;
"agricultural land reserve" means the total of all agricultural land in British Columbia;
"alter" means the following:
(a) to alter the exterior of a structure so as to increase its size;
(b) to move or alter the exterior walls or edges of a structure so as to change its siting;
"approving officer" means an approving officer as defined in the Land Title Act;
means an agent of the government, a public body or a public officer with whom the commission has an agreement under

section 26 (1) (b) or 38;
"chief executive officer" means the person appointed under

section 8 (1);
"commission" means the Provincial Agricultural Land Commission established under

section 4;
"construct" means the following:
(b) to place on land a new structure that is fully or partially pre-fabricated;
(c) to replace a structure, 75% or more of which has been substantially damaged or destroyed;
"enactment of the Province or Canada" includes an enactment as defined in the Interpretation Act (Canada);
"exclusion application" means an application for exclusion made under

section 29 (1);
"executive committee" means the executive committee of the commission established under

section 10;
"farm use"
(a) means an occupation or use of agricultural land for
(i) farming land, plants, mushrooms, truffles or animals,
(ii) a farm operation as defined in the Farm Practices Protection (Right to Farm) Act, or
(iii) a purpose designated as a farm use by regulation, and
(b) does not include a residential use or a soil or fill use;
"fill" means any material brought onto agricultural land other than materials exempted by regulation;
"first nation government" means,
(a) in relation to settlement lands, other than treaty lands, the governing body that has legislative authority in relation to those settlement lands,
(a.1) in relation to treaty lands, the treaty first nation, and
(b) in relation to proposed settlement lands, an aboriginal governing body that
(i) the first nation, in relation to which an agreement in principle applying to those lands has been entered into, has organized and established within its traditional territory in British Columbia, and
(ii) has been mandated by the members of that first nation to enter into treaty negotiations on their behalf in accordance with a process facilitated by the British Columbia Treaty Commission, established under

section 3 of the Treaty Commission Act;
"former Act" means the Agricultural Land Reserve Act, R.S.B.C. 1996, c. 10, or the Land Reserve Commission Act, S.B.C.

1999, c. 14;
"law", in relation to a first nation government described in paragraph (a) or (a.1) of the definition of "first nation government", means a law enacted by the first nation government under
(a) a treaty and land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982,
(b) a governance agreement among the Province, Canada and the first nation, or
(c) an enactment of the Province or Canada;
"local government" means
(a) in relation to land within a municipality, the municipal council,
(b) in relation to land within an electoral area but not within a local trust area under the Islands Trust Act, the board of the regional district, and
(c) in relation to land within a local trust area under the Islands Trust Act, the local trust committee or the executive committee acting as a local trust committee for that area;
"non-adhering residential use" means any of the following:
(b) a principal residence having a total floor area that is more than 500 m2;
(c) a use of a residential structure that contravenes the regulations;
"non-farm use" means a use of agricultural land other than a farm use, a residential use or a soil or fill use;
"notice to suspend negotiations" means a notice to suspend negotiations sent by one party to an agreement in principle to the other parties;
"official" means the chief executive officer and any employee of the commission or a person who is designated by name or title by the chief executive officer to be an official;
"owner", subject to subsection (2), means
(a) in relation to land, other than treaty lands, registered in the records of the land title office, the person registered in those records as the fee simple owner of the land,
(b) in relation to settlement lands,
(i) if an agreement under this Act between a first nation government and the commission defines "owner" for the purposes of the application of this Act to the settlement lands of the first nation, a person described by that definition, and
(ii) otherwise, the first nation government,
(c) in relation to land that is vested, under an enactment, in a municipality, a regional district or a local trust committee, the municipality, regional district or local trust committee, as applicable, and
(d) in relation to Crown land, the government;
"panel" means a panel established under

section 11;
"parcel" means land that is the subject of a single indefeasible title under the Land Title Act;
"person" includes a first nation government;
"principal residence" means the residence permitted under

section 20.1 (1) (a);
"proposed settlement lands" means land described in an agreement in principle as the land that will become, in whole or in part,
(a) the treaty lands of the first nation under a final agreement, or
(b) the settlement lands of the first nation under a governance agreement among the Province, Canada and the first nation;
"residential structure" means a structure used, during all or part of the year and whether fully or partially, as
(b) if prescribed, accommodation, or
(c) if prescribed, in relation to a residence or accommodation;
"residential use"
(a) means a use of agricultural land for a residential structure, and
(b) does not include a farm use or a soil or fill use;
"settlement lands" means land, other than land located within a reserve as defined in the Indian Act (Canada), that is subject to the legislative authority of a first nation under
"soil" includes the entire mantle of unconsolidated material above bedrock other than minerals as defined in the Mineral Tenure Act;
"soil or fill use"
(a) means the removal of soil from, or the placement of fill on, agricultural land, and
(b) does not include a farm use or a residential use;
"use or subdivision application" means an application for permission made under any of the following:
(a)

section 21 (2) for subdivision. (2) For the purposes of an inclusion application under

section 17 (3), a use or subdivision application or an exclusion application in relation to proposed settlement lands, the first nation government may apply as if it were the owner of those lands from the date that
(a) an agreement in principle in relation to those lands is approved by each party to it in accordance with the agreement in principle, or
(b) if a notice to suspend negotiations has earlier taken effect, an agreement among the parties to the agreement in principle to resume negotiations takes effect,
until the earlier of the following dates:
(c) the date an enactment of the Province or Canada establishes all or part of the proposed settlement lands as settlement lands;
(d) the date that a notice to suspend negotiations takes effect.

(3) For the period that a first nation government is authorized to make an application in relation to proposed settlement lands, the owner of that land may not make an application. 2 (1) This Act and the regulations are not subject to any other enactment, whenever enacted, except the Interpretation Act, the Environment and Land Use Act and the Environmental Management Act and as provided in this Act. (1.1) Despite subsection (1) and

section 3, if a regulation under the Water Sustainability Act requires that the commission consider a water sustainability plan in making decisions in relation to an area that is subject to the water sustainability plan, the commission must comply with the regulation. (1.2) Subsection (1) does not apply in relation to the Haida Nation Recognition Act and, despite

section 3 of this Act, the Haida Nation Recognition Act prevails to the extent of any conflict or inconsistency with this Act. (2) Despite

section 14 (2) of the Interpretation Act, this Act binds the government. 3 A minister or an agent of the government must not exercise a power granted under another enactment except in accordance with this Act and the regulations. 4 The Provincial Agricultural Land Commission is established as a corporation consisting of the members appointed under

4.1 The following administrative regions are established, consisting of the geographic areas of British Columbia as set out in the Schedule:
(a) the Interior Administrative Region;
(b) the Island Administrative Region;
(c) the Kootenay Administrative Region;
(d) the North Administrative Region;
5 (1) The commission consists of at least 11 members appointed under this section as follows:
(a) the Lieutenant Governor in Council must appoint the chair;
(b) the minister must appoint the other members after consulting with the chair;
(c) appointments must be made using a merit-based process to select individuals who are knowledgeable in matters relating to agriculture, land use planning, local government or first nation government;
(d) members must be residents of administrative regions, with at least one but no more than 3 members, other than the chair, representing each region;
(e) if more than one member represents the same administrative region, each member must be a resident of a different regional district incorporated under the Local Government Act.

(2) The chair may appoint one or more vice chairs from the persons appointed under subsection (1) (b). (3) If a member, other than the chair, ceases to be a resident of the administrative region in which the member was a resident at the time of appointment, the member's appointment expires on the date on which the member's residency ceases. (4) If there is no member, other than the chair, who is a resident of a particular administrative region, the minister must within 90 days appoint a resident of that administrative region as a member in accordance with subsection (1). (5) The members are the board of directors of the commission.

5.1 The following provisions of the Administrative Tribunals Act apply to the commission:
(a) Part 1 [Interpretation and Application];
(d)

section 44 [tribunal without jurisdiction over constitutional questions];
(f)

section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(j)

section 60 (1) (g) to (i) and (2) [power to make regulations]. 6 (1) The following are the purposes of the commission:
(a) to preserve the agricultural land reserve;
(b) to encourage farming of land within the agricultural land reserve in collaboration with other communities of interest;
(c) to encourage local governments, first nations, the government and its agents to enable and accommodate farm use of land within the agricultural land reserve and uses compatible with agriculture in their plans, bylaws and policies.

(2) The commission, to fulfill its purposes under subsection (1), must give priority to protecting and enhancing all of the following in exercising its powers and performing its duties under this Act:
(a) the size, integrity and continuity of the land base of the agricultural land reserve;
8 (1) On consultation with the chair of the commission, the Lieutenant Governor in Council may appoint, during pleasure, a chief executive officer of the commission, establish the terms of the appointment and set the remuneration of the chief executive officer. (2) The commission may determine the duties of the chief executive officer. (3) The chief executive officer may appoint other officers and employees necessary for the operations of the commission, determine their duties and set their remuneration.

(4) The Public Service Act and the Public Service Labour Relations Act apply to the commission and its officers and employees other than the chief executive officer, except that the references to the agency head and a deputy minister in

section 22 of the Public Service Act are to be read as references to the chief executive officer. (5) The chief executive officer may retain consultants considered advisable and may set their remuneration. 9 The commission may pass resolutions and bylaws it considers necessary or advisable for the management and conduct of its affairs, the exercise of its powers and the performance of its duties. 10 (1) An executive committee of the commission is established, comprising the chair of the commission and the vice chairs. (2) The chair of the commission is the chair of the executive committee. (3) The commission may delegate to the executive committee any of its powers or duties.

(4) In relation to a matter delegated by the commission to the executive committee,
(a) the executive committee has all the powers and duties of the commission, and
(b) a decision of the executive committee is for all purposes a decision of the commission. 11 (1) The chair of the commission may establish panels consisting of 2 or more members of the commission. (2) For the purpose of establishing panels, the chair may consider administrative regions, expertise of panel members, the type of application under consideration and any other criteria the chair may determine. (3) The chair may designate a member of the commission to chair a panel.

(4) For the purpose of exercising a power or performing a duty under this Act, the commission, a panel and the executive committee may rely on advice, information or findings from any panel. 11.1 (1) The chair of the commission may refer to a panel any of the following:
(a) subject to subsection (2), a power or duty of the commission under this Act;
(b) without limiting paragraph (a), the reconsideration of a decision for the purposes of

section 33;
(c) the provision of advice, information or findings to the commission, the executive committee or another panel. (2) The chair must not refer to a panel any of the following:
(a) the power to determine an application
(i) that may be of provincial importance,
(ii) that raises an issue that is novel or is otherwise of general importance for the administration of the Act, or
(iii) if the determination may substantively affect more than one administrative region;
(i) for which the power to decide has been delegated under

section 26, or
(ii) that the chief executive officer may approve under

section 33.1 of a decision made by a panel. (3) In relation to an application or other matter referred to a panel,
(a) the panel has all the powers and duties of the commission, and
(b) a decision made by the panel is for all purposes a decision of the commission. 12 (1) The financial year end of the commission is March 31 and the Minister of Finance is the fiscal agent of the commission. (2) and (2.1) [Repealed 2019-32-10.] (3) Subject to subsection (4), the Business Corporations Act does not apply to the commission. (4) The Lieutenant Governor in Council, by order, may declare that specified provisions of the Business Corporations Act apply to the commission.

14 (1) Subject to subsection (2), a member of the commission may take up and carry on to completion any proceeding commenced but not completed before the member's appointment. (2) A member of the commission who was not present at a meeting to determine an application or other matter may vote on the application or matter only if a summary of the meeting is given to the member before the vote. 15 (1) For the purposes of

section 6, the commission may designate land, including Crown land, as agricultural land if the commission is satisfied that the land is suitable for farm use. (1.1) Land designated as agricultural land under subsection (1) is included, on designation, in the agricultural land reserve. (2) If the final agreement of a treaty first nation provides that the treaty lands of the treaty first nation may not be designated as agricultural land without the consent of the treaty first nation, the commission may not exercise the authority under subsection (1) in relation to those treaty lands without the consent of the treaty first nation.

17 (1) Subject to subsection (1.1), if the commission considers that an approval under this subsection carries out the intent of this Act, the commission may approve the inclusion in the agricultural land reserve
(a) on the commission's own initiative, of any land,
(b) on application of a local government, of land within the local government's jurisdiction, and
(c) on application of a first nation government, of land within the first nation's settlement lands. (1.1) If

section 15 (2) applies in relation to treaty lands, an approval under subsection (1) (a) of this section in respect of those treaty lands may be made only with the consent of the treaty first nation. (2) For a matter under subsection (1), a public hearing must be held in the manner, and after giving the notice, required by the regulations, by
(a) the commission, if the commission is acting on its own initiative,
(b) the local government before making an application, and
(c) the first nation government before making an application.

(3) On application by an owner of land, the commission may designate all or part of the land described in the application as land within the agricultural land reserve if the commission considers that the designation carries out the intent of this Act. (3.1) Land designated as land within the agricultural land reserve under subsection (3) is included, on designation, in the agricultural land reserve. (4) A decision of the commission granting an application under subsection (3) in relation to proposed settlement lands may not be made effective unless and until those lands are established, in whole or in part, as settlement lands.

(5) Unless a decision granting an application under subsection (3) first becomes effective under subsection (4), the decision expires on the earlier of the following dates:
(a) the date the decision expires according to its terms;
(b) the date that a notice to suspend negotiations takes effect. 17.1 Agricultural land may be removed from the agricultural land reserve only by exclusion under

section 29.1 (2) (b), 30 (1) (a) or 45 (1). "approving body" means one or more of the following:
(a) a local government, a first nation government or an authority;
(b) a board or other agency established by a local government, a first nation government or an authority;
(c) a person or agency that enters into an agreement under the Local Services Act;
"permitted non-farm use" means a non-farm use that is permitted under

section 25 or 45 or the regulations. (2) An approving body may approve or permit a non-farm use of agricultural land only if the non-farm use is a permitted non-farm use. (3) An approving body may approve or permit a building or structure to be constructed or altered on agricultural land only if the building or structure
(a) is not a residential structure and will be used for a farm use or permitted non-farm use,
(b) is a principal residence and
(i) is of a size and is sited in accordance with

section 25 or 45 or the regulations,
(c) is an additional residence and is permitted under

section 25 or 45 or the regulations, or
(d) is a residential structure other than a residence and
(i) is of a size and is sited in accordance with the regulations or as permitted under an application made in accordance with the regulations, and
(ii) will be used as permitted under

section 25 or 45 or the regulations. (4) An approving body may approve or permit a soil or fill use of agricultural land only if the soil or fill use is permitted under

section 20.3, 25 or 45. (5) The following persons may not approve a subdivision of land that would cause agricultural land to be subdivided unless the subdivision is permitted under

section 25 or 45 or the regulations:
(a) an approving officer under the Land Title Act, the Local Government Act or the Strata Property Act;
(b) a person who exercises the powers of an approving officer under any other Act. 18.1 (1) In this section, "statutory right of way" means a statutory right of way as described in

section 218 of the Land Title Act that extends fully or partially over land within the agricultural land reserve. (2) Before applying to register a charge granting or otherwise creating a statutory right of way, the applicant must give notice, in the prescribed form and manner, to the commission. (3) A Registrar of Titles must not register a charge granting or otherwise creating a statutory right of way unless the application to register the charge is accompanied by proof, given in the prescribed form and manner, that notice has been given as required under subsection (2) of this section.

19 (1) In this section, "plan" means the following:
(a) a subdivision plan, reference plan, explanatory plan or other plan showing subdivision of land;
(b) a statutory right of way plan allowed under

section 114 of the Land Title Act. (2) Unless the subdivision of agricultural land is permitted under this Act, a Registrar of Titles must not, under the Land Title Act or the Strata Property Act, do either of the following things if it would cause the subdivision of agricultural land:
(a) accept an application for the deposit of a plan;
(b) permit a new parcel of land to be created by a metes and bounds description or an abbreviated description. 20 (1) A person must not use agricultural land for a non-farm use unless permitted under

section 25 or 45 or the regulations. (2) A person may apply to the commission for permission under

section 25 for a non-farm use of agricultural land if the person
(a) is an owner of the agricultural land, or
(b) has a right of entry, granted under an enactment, to the agricultural land. 20.1 (1) Unless permitted under

section 20.2, 25 or 45 or the regulations, an owner of agricultural land who constructs, alters or uses a residential structure on the agricultural land must comply with all of the following:
(a) the agricultural land may have no more than one residence per parcel;
(b) the total floor area of a principal residence must be 500 m2 or less;
(c) the residential structure must be sized, sited and used, in accordance with all applicable regulations. (a) to the commission for permission under

section 25 for a non-adhering residential use, or
(b) in the manner set out in the regulations for a variation of or exemption from a regulation with respect to size or siting.

"as designed" means as stated or shown in
(a) a design, proposal or other plan approved under or accepted in support of an authorization, or
(b) a design or plan finalized, before the date this section comes into force, by an architect or engineer or, if none, the designer of the residence, if no authorizations are needed to construct or alter the residence;
means a permit or other authorization, issued under an enactment, to construct or alter a residence;
"pre-existing residential structure" means a residential structure that exists on agricultural land on the date this section comes into force, and
(a) is an additional residence for which all required authorizations to construct or alter the residence were granted,
(b) is a principal residence having a total floor area of more than 500 m2, or
(c) is of a size or is sited in contravention of a regulation;
"unfinished pre-existing residence" means a residence to which all of the conditions in paragraphs (a) and (b), and either paragraph (c) or paragraph (d), apply:
(a) the residence, if completed as designed, will be an additional residence or have a total floor area of more than 500 m2;
(b) from the date construction or alteration of the residence began until completion, the construction or alteration
(i) is carried out in accordance with all applicable authorizations and enactments, and
(ii) continues without interruption, other than work stoppages considered reasonable in the building industry;
(c) in the case of a residence that, on completion, will be an additional residence,
(i) all required authorizations to construct or alter the residence were granted, and
(ii) construction of the foundation of the residence, or alteration of the residence, had substantially begun
before the date this section comes into force;
(d) in the case of a residence that, on completion, will be a primary residence, either
(i) all required authorizations to construct or alter the residence were granted before the date this section comes into force and construction of the foundation of the residence, or alteration of the residence, substantially begins on or before November 5, 2019, or
(ii) if no authorizations to construct or alter the residence are required, construction of the foundation of the residence, or alteration of the residence, had substantially begun before the date this section comes into force.

section 20.1 (1), an owner of agricultural land may, on or after the date this section comes into force, do one or more of the following:
(a) complete construction or alteration of an unfinished pre-existing residence that
(i) is a principal residence, but only if, on completion, the total floor area is as designed or less, or
(ii) is an additional residence, and
(b) alter a pre-existing residential structure, but only if, on completion, the alteration will lead to no further contravention of the Act or regulations. 20.3 (1) A person must not remove soil from or place fill on agricultural land unless one of the following applies:
(a) the removal or placement is permitted under

section 25 or 45 and the removal or placement is done in accordance with the permission;
(b) the removal or placement is permitted under the regulations and the removal or placement is done in accordance with the regulations;
(i) is an owner of the agricultural land, or has a right of entry, granted under an enactment, to the agricultural land,
(ii) first submits to the chief executive officer the prescribed fee and notice of the person's intent, in the form and manner required by the chief executive officer, and
(iii) receives approval under subsection (2) (b) and removes the soil or places the fill in accordance with the approval, or is a person to whom subsection (4) applies.

(2) If the chief executive officer receives the fee and notice submitted under subsection (1) (c) (ii), the chief executive officer must do one or more of the following:
(a) request further information from the person who gave the notice;
(b) approve, in writing, the removal of soil or the placement of fill
(i) as set out in the notice, or
(ii) subject to limits and conditions;
(c) order, in writing, the person to stop or not engage in removing soil or placing fill unless permitted under

section 25 or 45. (3) If a person fails to comply with subsection (1) (c) (ii), the chief executive officer may do one or both of the following:
(a) order, in writing, the person to comply with subsection (1) (c) (ii);
(b) take the action described in subsection (2) (c). (4) If the chief executive officer does not take an action described in subsection (2) within 60 days after receiving the fee and notice submitted under subsection (1) (c) (ii) or the information requested under subsection (2) (a), the person may remove soil from or place fill on the agricultural land as described in the notice. (5) A person may apply to the commission for permission under

section 25 for a soil or fill use of agricultural land
(a) if the person is an owner of the agricultural land, or has a right of entry, granted under an enactment, to the agricultural land, and
(b) whether or not a fee and notice have been submitted under subsection (1) (c) (ii) of this section or the chief executive officer has taken an action described in subsection (2) (b) (ii) or (c). (6) The chief executive officer may delegate, in writing, the powers and duties of the chief executive officer under this section to an employee of the commission. 21 (1) A person must not subdivide agricultural land unless permitted under

section 25 or 45 or the regulations. (2) An owner of agricultural land may apply to the commission for permission under

section 25 to subdivide agricultural land. 22 (1) The commission may enter into a covenant under the Land Title Act with an owner of agricultural land. (2) A covenant that restricts or prohibits the use of agricultural land for farm purposes has no effect until approved by the commission. 23 (1) Restrictions on the use of agricultural land do not apply to land that, on December 21, 1972, was, by separate certificate of title issued under the Land Registry Act, R.S.B.C. 1960, c. 208, less than 2 acres in area.

(2) The restrictions on the use of agricultural land do not apply to land lawfully used for a non-farm use, established and carried on continuously for at least 6 months immediately before December 21, 1972, unless and until
(a) the use is changed, other than to farm use, without the permission of the commission,
(a.1) the use is discontinued for a continuous period of 6 months,
(b) an enactment made after December 21, 1972, prohibits the use, or
(c) permission for the use granted under an enactment is withdrawn or expires. (3) For greater certainty, the exception in subsection (2) applies only to the land that was actually being used for a non-farm use and not to the entire parcel on which that use was being carried on.

24 Despite sections 2 and 3, if Crown land continued as agricultural land under this Act has been leased by the government, or sold by agreement for sale by the government and not transferred to the purchaser before December 21, 1972, and on that date was being used for a non-farm use, and not in contravention of the terms of the lease or agreement, that use may continue until termination of the lease or issue of title to the purchaser under the agreement for sale.

25 (1) On receiving a use or subdivision application,
(a) the commission, if required by the regulations, must reject the application, or
(b) if paragraph (a) of this subsection does not apply, the commission may, subject to subsection (1.1),
(i) refuse permission for the use or subdivision applied for,
(ii) grant permission, with or without limits or conditions, for the use or subdivision applied for, or
(iii) grant permission for an alternative use or subdivision, with or without limits or conditions, as applicable.

(1.1) In making a determination under subsection (1) (b) with respect to an application for a non-adhering residential use, the commission
(a) must consider the prescribed criteria, if any, and
(b) must not grant permission for an additional residence unless the additional residence is necessary for a farm use. (3) An application referred to in subsection (1), except such an application from a first nation government, may not proceed unless authorized by a resolution of the local government if, on the date the application is made, the application
(a) applies to land that is zoned by bylaw to permit farm use, or
(b) requires, in order to proceed, an amendment to an official settlement plan, an official community plan, an official development plan or a zoning bylaw.

(3.1) An application referred to in subsection (1) in relation to settlement lands may not proceed unless authorized by a law of the first nation government of the first nation that has legislative authority over the settlement lands. (4) In deciding an application referred to in subsection (1), the commission may meet with the applicant or may make a decision on the basis of written representations only.

(4.1) A decision of the commission under subsection (1) (b) (ii) or (iii) in relation to proposed settlement lands may not be made effective unless and until
(a) those lands are established, in whole or in part, as settlement lands, and
(b) the first nation government in relation to those settlement lands enacts a law approving the commission's decision and provides a certified copy of the law to the commission. (4.2) Unless a decision under subsection (1) (b) (ii) or (iii) first becomes effective under subsection (4.1), the decision expires on the earlier of the following dates:
(b) the date that a notice to suspend negotiations takes effect.

(5) The commission must deliver its written decision to the owner. 26 (1) The commission may enter into an agreement with any of the following to enable a first nation government or an authority to exercise some or all of the commission's power to decide use or subdivision applications:
(a) a first nation government, for applications made in respect of settlement lands within the jurisdiction of the first nation government;
(b) an agent of the government, a public officer or a public body other than a local government, for applications made in respect of land within the jurisdiction of the authority, if the agent, officer or body is prescribed by regulation.

(2) An agreement under subsection (1) between the commission and an authority may exempt a non-farm use in a specified area within the jurisdiction of the authority from the requirement of an application on the condition that the authority conducts audits and reports to the commission as required by the agreement. (3) If an agreement is entered into under subsection (1), the first nation government or authority must, with respect to an application covered by the agreement,
(a) consider each application in the prescribed manner, and
(b) advise the commission in the prescribed manner of each application received and of the decision made on each application.

(4) A decision made under this section must be made as follows:
(a) in the case of a decision of a first nation government, by a law of the first nation government;
(b) in the case of a decision of an authority, by a resolution of the governing body of the authority. (5) If, by an agreement entered into under subsection (1) of this section, the commission delegates its power to decide applications under

section 6 applies to the first nation government or the authority for the purposes of deciding use or subdivision applications, and
(b) the decision of the first nation government or the authority is a decision of the commission for the purposes of this Act. (6) If an authority has the power to decide an application under an agreement entered into under subsection (1), an application that would otherwise be required to be submitted to a local government or first nation government under

section 34.1 (1) must be made directly to the authority. (7) If a first nation government or an authority has the power to decide an application under an agreement entered into under subsection (1),
(a) the first nation government or authority may retain the entire fee payable under

section 35.1 applies to the applicant with respect to the application, except that a reference to the commission in that section must be read as a reference to the first nation government or authority, and
(b) sections 39 to 45 apply to the application as if the application were before the commission. (8) If the commission enters into an agreement under subsection (1) (c) with a first nation government in relation to settlement lands, that agreement or another agreement under this Act must include a definition of "owner" for the purposes of paragraph (b) (i) of the definition of "owner" in

section 1 (1). (9) The Financial Administration Act does not apply in relation to a fee collected under this section. 27 (1) The commission, by resolution, may establish criteria under which the following may be approved by the chief executive officer:
(a) specified types of use or subdivision applications or exclusion applications;
(b) applications with respect to specified regions of British Columbia. (2) The commission must put the criteria established under subsection (1) in writing and make them available for inspection during ordinary business hours. (3) An application that meets the criteria established under subsection (1) may be approved by the chief executive officer on the terms that the chief executive officer may impose.

(4) If the chief executive officer considers that the application does not meet the criteria specified under subsection (1) or for any other reason does not wish to approve the application under subsection (3), the application must be referred to the commission for a decision. (5) An approval of an application by the chief executive officer under subsection (3) is a decision of the commission for the purposes of this Act. (6) The chief executive officer may not exercise a power that has been delegated to a first nation government or an authority by an agreement entered into under

section 26. 28 For greater certainty, if a parcel of land is not wholly within the agricultural land reserve, sections 18 (1) to (4) and 20 to 21 apply only to that portion of the parcel that is agricultural land. 29 (1) A person may apply to the commission to have land excluded from the agricultural land reserve if the person is
(a) the owner of the land and is
(i) the Province, a first nation government or a local government, or
(ii) a prescribed public body,
(b) a local government, and the land is within the local government's jurisdiction, or
(c) a first nation government, and the land is within the first nation's settlement lands.

(2) Subject to subsection (3),
(a) an applicant must give notice, in the prescribed form and manner and before making the application, of the application and of a public hearing respecting that application, and
(b) the public hearing must be held in the prescribed manner. (3) On request of an applicant described in subsection (1) (a), the commission may waive one or more of the requirements of subsection (2).

(4) An application made by an applicant described in subsection (1) (a) may not proceed unless authorized as follows:
(a) by a resolution of a local government if the application is made by a person other than a first nation government and, on the date the application is made, the application
(i) applies to land within the local government's jurisdiction that is zoned by bylaw to permit farm use, or
(ii) requires, in order to proceed, an amendment to an official settlement plan, official community plan, official development plan or zoning bylaw of the local government;
(b) by a law of a first nation government if the application applies to settlement lands over which the first nation has legislative authority.

29.1 (1) In this section, "decision respecting proposed settlement lands" means a decision of the commission made under subsection (2) (b) or (c) of this section on receiving an application under

section 29
(a) by an applicant described in subsection (1) (a) of that section, and
(b) in relation to proposed settlement lands. (2) On receiving an application under

section 29, the commission may do one of the following:
(a) refuse permission to have land excluded from the agricultural land reserve;
(b) grant permission, with or without limits or conditions, to have land excluded from the agricultural land reserve;
(c) permit, with or without limits or conditions, a non-farm use, non-adhering residential use, soil or fill use or subdivision of land. (3) A decision respecting proposed settlement lands is not effective unless and until
(b) the first nation government that has jurisdiction over those settlement lands enacts a law approving the commission's decision and provides a certified copy of the law to the commission.

(4) Unless a decision respecting proposed settlement lands first becomes effective under subsection (3), the decision expires on the earlier of the following dates:
(b) the date a notice to suspend negotiations takes effect. (5) The commission must deliver its written decision to the applicant. 30 (1) On the commission's own initiative, the commission may do one of the following, with or without limits or conditions, as applicable:
(a) exclude land from the agricultural land reserve;
(b) permit a non-farm use, non-adhering residential use, soil or fill use or subdivision of land.

(2) Before taking action under subsection (1),
(a) the commission must give notice as required by the regulations of the commission's intentions and of a public hearing respecting those intentions, and
(b) the public hearing must be held in the prescribed manner. (3) If the commission takes an action under subsection (1), it must deliver written notice of the action to the owner of the land. 31 It is a condition of a permission granted under

section 25 (1) (b) (ii) or (iii), 29.1 (2) (b) or 30 (1) (b) that the person to whom permission was granted must comply with the applicable Acts, regulations, bylaws of the local government, laws of the first nation government, and decisions and orders of any person or body having jurisdiction over the land under an enactment. 32 If land is excluded from the agricultural land reserve under this Act, the commission must do both of the following:
(a) amend the boundaries of the agricultural land reserve;
(b) notify the Registrar of Titles and the appropriate local government or first nation government.

"decision" means a decision made under this Act with respect to an application;
"decision maker" means the following, as applicable:
(a) the commission, in relation to a decision made by the commission;
(b) a panel, in relation to a decision made by the panel;
(c) a first nation government or an authority, in relation to a decision made by the first nation government or the authority under an agreement entered into under

section 26 (1). (2) On the written request of a person affected by a decision, or on a decision maker's own initiative, the decision maker may reconsider the decision maker's decision, and may confirm, reverse or vary the decision, if
(b) no previous request has been made, if reconsideration is on request and not on the decision maker's own initiative, and
(c) the decision maker determines that
(i) evidence has become available that was not available at the time of the original decision and could not have been available had the person affected by the decision exercised due diligence, or
(ii) all or part of the original decision was based on incorrect or false information.

(3) The decision maker must give notice of an intention to reconsider a decision to any person that the decision maker considers is affected by the reconsideration. 33.1 (1) The chair of the commission may, in writing, direct the executive committee to reconsider a decision made by a panel respecting an application or other matter referred to the panel by the chair of the commission or a panel's reconsideration of a decision under

section 33 (2), if
(a) the chair considers that the decision or the reconsideration of the decision
(i) may not fulfill the purposes of the commission as set out in

section 6 (1), or
(ii) fails to give priority to the matters referred to in

section 6 (2), and
(b) the chair makes the direction to the executive committee within 60 days of the decision being made. (2) If the chair of the commission directs the executive committee to reconsider a decision under subsection (1), the chair must give notice of the reconsideration to any person that the chair considers is affected by the reconsideration. (3) If the chair of the commission directs the executive committee to reconsider a decision under subsection (1), the executive committee must confirm, reverse or vary the decision. (4) For the purposes of subsection (3), the executive committee has all the powers and duties of the commission. (5) A decision by the executive committee under subsection (3) is for all purposes a decision of the commission.

34 (1) This section applies to the following types of applications:
(a) an application made by a first nation government as the owner of proposed settlement lands, other than an inclusion application under

section 17;
(b) an exclusion application made by a person referred to in

section 29 (1) (b) or (c);
(c) an application for which review would be required under

section 34.1, but the application is made by the local government or first nation government that would be responsible for the review;
(d) an application for a specific type of use prescribed by regulation as an application that must be filed directly with the commission;
(e) an application made under

section 58.3 (1) (e), unless a regulation made under that section provides otherwise. (2) A person may make an application described in subsection (1) by submitting the application and paying the prescribed application fee to the commission. (3) In respect of an application described in subsection (1) (d), the commission
(a) may request comments and information from the local government or first nation government for the area in which the land described in the application is located, and
(b) if a request is made under paragraph (a) of this subsection, pay a prescribed portion of the fee received under subsection (2) to the local government or first nation government.

(4) A local government or first nation government that is paid a fee under subsection (3) (b) may retain the fee, and the Financial Administration Act does not apply in relation to that fee. 34.1 (1) A person may make an application to which

section 34 does not apply by submitting the application and paying the prescribed application fee, if any, to the following, as applicable:
(a) the municipality, if the land described in the application is in a municipality;
(b) the regional district, if the land described in the application is in a regional district but not in a municipality or a local trust area;
(c) the Islands Trust, if the land described in the application is within a local trust area under the Islands Trust Act;
(d) the first nation government, if the land described in the application is in the settlement lands of a first nation.

(2) A local government or first nation government that receives an application must review the application and do one of the following:
(ii) the comments and recommendations of the local government or first nation government respecting the application;
(b) notify the applicant that the application will not be forwarded to the commission if
(i) the application is refused, or
(ii) the application may not, under this Act, proceed unless authorized by a resolution of the local government or a law of the first nation government and the required resolution or law is refused. (3) If a local government or first nation government forwards an application under subsection (2) (a) to the commission, the applicant must pay the prescribed application fee, if any, to the commission.

(4) The application fee that must be paid under subsection (3) is in addition to the application fee, if any, paid under subsection (1). (5) A local government or first nation government that collects a fee under subsection (1) may retain the fee, and the Financial Administration Act does not apply in relation to that fee. 35 (1) The commission may waive an application fee payable under

section 34 (2) or 34.1 (3) if the commission considers that a case of hardship exists. (2) A designated local government officer or an official designated for this purpose by a first nation government may waive an application fee payable under

section 34.1 (1) if the designated officer or official considers that a case of hardship exists. (3) The Financial Administration Act does not apply in relation to the waiver of a fee under this section. 35.1 If, on making a decision under

section 25 (1) (b) (ii) or (iii) or 29.1 (2) (b) or (c), the commission imposes one or more limits or conditions, the person who made the application resulting in the decision must submit to the commission the following:
(a) the prescribed information and fees, if any;
(b) any other information requested by the commission, in the form and manner specified by the commission. 36 (1) A person who makes an application to which

section 34 or 34.1 applies must, in the prescribed circumstances,
(a) give notice of the application in accordance with the regulations, and
(b) provide evidence, satisfactory to the commission, that the applicant has complied with the notice requirements of the regulations. (2) A decision of the commission with respect to an application is not invalidated merely because the applicant fails to comply with the notice requirements of the regulations, if the applicant made reasonable efforts to comply with those requirements. 37 Land is deemed not to be taken or injuriously affected by its inclusion in the agricultural land reserve. 38 For the purposes of this Act, the commission may enter into agreements with the government, a local government, a first nation government, Canada or an authority.

39 (1) In sections 40 to 45, "board" means a commissioner appointed as a study commission under the Public Inquiry Act for the purpose of inquiring into a matter described in

section 40 of this Act. (2) The board has the powers set out in sections 22 and 23 of the Public Inquiry Act. 40 (1) If the Lieutenant Governor in Council considers it to be in the Provincial interest, the Lieutenant Governor in Council may by order refer to the board, for the purpose of a public hearing described in

section 43, any of the following matters before the commission at the time of the order:
(a) an inclusion application under

section 17 (1) or (3);
(b) a use or subdivision application;
(b.1) an exclusion application;
(c) if land is being considered by the commission on its own initiative, the issues relating to
(i) approval and designation under

section 33 of a decision of the commission made in respect of a matter referred to in paragraph (a), (b) or (c) of this subsection. (2) The Lieutenant Governor in Council must specify written terms of reference for the purpose of a public hearing by the board pertaining to a matter referred to the board under this section. (3) In determining whether it is in the Provincial interest to refer a matter to the board under subsection (1), the Lieutenant Governor in Council must take into account
(a) the preservation of agricultural land as a scarce and important asset,
(b) the potential long term consequences of failing to preserve agricultural land, and
(c) the province-wide context of the matter.

(4) The Lieutenant Governor in Council may make an order under subsection (1) on the Lieutenant Governor in Council's own initiative or at the request of a local government, a first nation government or the commission. 41 (1) For the purpose of giving the Lieutenant Governor in Council time to consider whether an order under

section 40 is warranted, the minister may order that the matter be suspended for a period, to be specified in the order, that is not longer than 90 days. (2) An order of the minister under subsection (1) has effect and is binding on the commission, and on any parties to a proceeding relating to a matter that is the subject of the order, until the expiry of the period specified in the order. 42 (1) On the date of an order under

section 40 referring a matter to the board, the commission's powers and duties under this Act in relation to the matter are transferred to the Lieutenant Governor in Council to the extent necessary to enable the Lieutenant Governor in Council to act in accordance with section 45. (2) An order under

section 40 is final and binding. (3) If the Lieutenant Governor in Council makes an order under

section 40 referring a matter to the board, the commission must, within 14 days of the date of the order,
(a) prepare a written report with respect to the matter, and
(b) submit the report to the board for the purpose of assisting the board in conducting a public hearing under

section 43 in respect of the matter. 43 (1) On receiving the written terms of reference specified in conjunction with an order under

section 40, the board must
(a) prepare a discussion paper with respect to the matter that is the subject of the order, and
(b) make the paper available to the public before holding a public hearing under this section. (2) The discussion paper prepared under subsection (1) (a) must include the written report that the commission submitted to the board under

section 42 (3) (b). (3) For the purpose of providing the report and recommendations required under

section 44, the board must conduct a public hearing to evaluate the probable agricultural, environmental, heritage, economic, cultural and social effects of any of the following if it is a matter that was before the commission at the time the order under section 40 made the referral:
(a) an approval and a designation under

section 29.1 (2) (b) or 30 (1) (a);
(d) a permission granted under

section 33 to confirm, reverse or vary a decision referred to in paragraph (a), (b), (c) or (d) of this subsection. (4) The public hearing held under subsection (3) must be conducted in accordance with the terms of reference specified in conjunction with the order made under

section 40. (5) The board must hold at least one public hearing with respect to the matter in each administrative region. 44 (1) On conclusion of the public hearing under

section 43, the board must submit to the Lieutenant Governor in Council
(a) a written report in accordance with the terms of reference specified in conjunction with the order made under

section 40, and
(b) a summary of the evidence received and submissions made in the course of any public hearing held in accordance with the terms of reference. (2) The report referred to in subsection (1) must include the board's recommendations to the Lieutenant Governor in Council for action under

section 45. (3) In making the recommendations referred to in subsection (2), the board must give weight to the following values in descending order of priority:
(b) environmental and heritage values, but only if
(i) those values cannot be replaced or relocated to land other than agricultural land, or
(ii) giving weight to those values results in no net loss to the agricultural capabilities of the area;
(c) economic, cultural and social values. (4) The board must provide a copy of its report to the commission at the same time that the report is submitted to the Lieutenant Governor in Council under subsection (1).

(5) The commission may submit to the Lieutenant Governor in Council written comments on the report, but it must do so within 30 days of receiving a copy of the report under subsection (4). (6) Within 10 days after submitting its report under subsection (1), the board must publish the report in the prescribed manner. 45 (1) On receiving the board's report under

section 44 (1) and the commission's comments, if any, under section 44 (5), the Lieutenant Governor in Council, by order, may decide the outcome of the matter that is the subject of the order under section 40 by
(a) granting or refusing to grant the approval, designation, exclusion or permission applied for, in the case of a matter described in

section 40 (1) (a), (b) or (b.1),
(b) making or deciding not to make the approval, designation, exclusion or permission that was under consideration by the commission on its own initiative, in the case of a matter described in

section 40 (1) (c), or
(c) confirming, reversing or varying a decision referred to in

Section 44 (3) applies to a decision made under subsection (1) of this section. (3) The Lieutenant Governor in Council may attach conditions to an order made under this section. 46 (1) In this section, "bylaw" means
(a) a bylaw, made by a local government, that adopts a regional growth strategy, an official settlement plan, an official community plan, an official development plan or a zoning bylaw,
(b) any other bylaw respecting land use in a local government's jurisdiction made by a local government under any other enactment, and
(c) a law of a first nation government respecting land use within the first nation's settlement lands.

(2) A local government in respect of its bylaws and a first nation government in respect of its laws must ensure consistency with this Act, the regulations and the orders of the commission. (3) Subject to subsection (4), nothing in this Act affects or impairs the validity of a local government bylaw or a first nation government law relating to the use of land in the agricultural land reserve. (4) A local government bylaw or a first nation government law that is inconsistent with this Act, the regulations or an order of the commission has, to the extent of the inconsistency, no force or effect.

(5) Without limiting subsection (4), a local government bylaw or a first nation government law is deemed to be inconsistent with this Act if it
(a) allows a use of land in the agricultural land reserve that is not permitted under this Act, or
(b) contemplates a use of land that would impair or impede the intent of this Act, the regulations or an order of the commission, whether or not that use requires the adoption of any further bylaw or law, the giving of any consent or approval or the making of any order.

(6) A local government bylaw or a first nation government law that provides restrictions on farm use, residential use or soil or fill use of land in the agricultural land reserve additional to those provided under this Act is not, for that reason alone, inconsistent with this Act and the regulations. (7) This section applies only to local government bylaws or first nation government laws made after August 26, 1994. 47 The commission must pay as soon as practicable all money received by it, other than money received under an appropriation under a Supply Act, into the consolidated revenue fund.

48 The Lieutenant Governor in Council, the commission, a local government, a first nation government or an authority may require that an applicant under this Act whose application has been approved on terms, in order to ensure compliance with the terms, post security in the form of insurance, a bond or another prescribed form of security.

49 (1) For the purposes of administering this Act or of ensuring compliance with this Act, the regulations or an order of the commission, a member of the commission or an official may do one or more of the following:
(a) enter any land, other than a dwelling house;
(b) make any surveys, analyses, inspections, examinations or soil tests that are necessary to determine any of the following:
(i) the current use of the land;
(ii) the suitability of the land for farm use;
(iii) the potential effects that the proposed changes to the use of the land may have on agricultural land;
(c) remove soil samples for the purposes of conducting the analyses and tests referred to in paragraph (b);
(d) make any inspection of records, things or activities reasonably related to the purpose of the inspection;
(e) make copies of any records or documents reasonably related to the purpose of the inspection;
(f) make an order requiring a person to produce for the member or official a record or thing in the person's possession or control.

(2) A person who hinders, obstructs, impedes or otherwise interferes with a person exercising a power under subsection (1) commits an offence. (3) If a member of the commission or an official exercises a power under subsection (1), the commission may order the person in respect of whom the power was exercised to pay to the commission fees related to the exercise of the power, as prescribed in the regulations. 50 If an official considers that a person is contravening or is about to contravene a provision of this Act or the regulations, the official, in accordance with the regulations, may order that
(b) the contravention cease to the extent specified by the order, or
(c) the person not take any action that would result in a contravention.

51 The chief executive officer may rescind or vary any determination, decision or order made by the chief executive officer or an official under

section 50, 52 or 54
(a) on new information being provided to the chief executive officer,
(b) if the chief executive officer determines that there were insufficient grounds for making the determination, decision or order, or
(c) if the chief executive officer considers that it would be in the best interests of the administration of this Act.

52 (1) If the chief executive officer determines that a person has contravened this Act, the regulations or an order of the commission, the chief executive officer, in accordance with the regulations, may order the person to remedy the contravention by
(a) carrying out a requirement of this Act or the regulations that the person has failed to carry out, or
(b) repairing or mitigating damage caused to agricultural land by the contravention, including the removal of buildings or structures.

(2) If a person fails to comply with an order under subsection (1), the chief executive officer, in accordance with the regulations, may do one or more of the following:
(a) in a written notice given to the person, restrict or prohibit the person from carrying out the work referred to in the order;
(b) require the person to provide the security that the chief executive officer considers necessary and realize on that security;
(c) carry out all necessary work. (3) A person referred to in subsection (2) is liable to the commission for costs incurred by the commission under this section. 52.1 (1) If the chief executive officer makes a remediation order under

section 52 (1) in respect of agricultural land, the chief executive officer may file in the land title office a written notice containing
(a) a description of the agricultural land sufficient for the Registrar of Titles to identify the agricultural land in the records of the land title office, and
(i) an order has been issued under this Act that affects the agricultural land,
(ii) further information about the order may be inspected at the offices of the commission, and
(iii) any person who acquires an interest in the agricultural land before the order ceases to have effect is subject to the order.

(2) If a notice is filed under subsection (1) and on payment of all applicable fees imposed under the Land Title Act, the Registrar of Titles must make a note of the filing against the title to the land that is affected by the notice.

(3) In the event of any omission, mistake or misfeasance by the Registrar of Titles or the staff of the Registrar of Titles in relation to the making of a note of a filing, or the registration of a transfer or other disposition under this section,
(a) neither the Registrar of Titles, nor the government nor the Land Title and Survey Authority of British Columbia is liable vicariously, and
(b) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 [Land Title and Survey Authority Assurance Fund] of the Land Title Act. (4) If a note is made under subsection (2) of this section, the order made under

section 52 (1) and, if applicable, any variation of it are binding on all persons who acquire an interest in the agricultural land that is the subject of the order. (5) The authority under this section is in addition to any other action that the chief executive officer or the commission is authorized to take under this Act in respect of a contravention of this Act, the regulations or an order of the commission or chief executive officer. "affected person" means an owner of land with respect to which a remediation order note has been made;
"cancellation notice" means a notice directing the cancellation of a remediation order note;
"remediation order" means an order made under

section 52 (1);
"remediation order note" means a note made under

section 52.1 (2). (2) If a remediation order is reversed on appeal,
(a) the chief executive officer must deliver a cancellation notice to the Registrar of Titles, and
(3) The chief executive officer may deliver a cancellation notice to the Registrar of Titles if the chief executive officer
(a) is satisfied that a remediation order has been or cannot be substantially complied with, and
(4) An affected person may apply to the chief executive officer to have a remediation order note cancelled by giving to the chief executive officer all of the following:
(a) an application made in the form and manner required by the chief executive officer;
(b) evidence satisfactory to the chief executive officer that the remediation order has been or cannot be substantially complied with.

(6) On receiving a cancellation notice and cancellation fee, if any, the Registrar of Titles must cancel the remediation order note referred to in the notice. 53 (1) The commission may apply to the Supreme Court for an order under subsection (2) if the commission considers
(a) that a person is not complying, or has not complied, with a determination, a decision or an order under

section 49 (1) (f), 50, 52 or 54 (1),
(b) that a person is not complying with an order of the commission, or
(c) that a present or future activity or use of agricultural land may contravene this Act, the regulations, an order of the commission or a determination, a decision or an order under

section 50, 52 or 54 (1). (2) On application by the commission under this section, the Supreme Court may make one or more of the following kinds of orders:
(a) directing the person to comply with the determination, decision or order;
(b) directing the person to cease violating the determination, decision or order;
(c) restraining the person from violating the determination, decision or order;
(d) if the person is a corporation, directing the directors and officers of the corporation to cause the corporation to comply with an order under this section. 54 (1) The chief executive officer, in accordance with the regulations, may levy a penalty up to the prescribed amount against a person who contravenes this Act, the regulations or the orders of the commission.

(2) The time limit for levying a penalty against a person under subsection (1) is 3 years after the facts on which the penalty is based first came to the knowledge of the chief executive officer. 55 (1) A person who is the subject of a determination, a decision, an order or a penalty under

section 50, 52 or 54 (1) may appeal the determination, decision, order or penalty to the commission by serving the commission with a notice of appeal. (2) On an appeal under this section, the commission may
(a) confirm, vary or reverse the determination, decision, order or penalty, or
(b) refer the matter, with or without directions, back to the person who made the initial determination, decision or order. (3) The commission must give notice of an appeal to any person the commission considers is affected by the appeal. 55.01 For the purposes of an appeal under

section 55, the following provisions of the Administrative Tribunals Act apply to the commission:
(a) Part 4 [Practice and Procedure], except the following:
(i)

section 22 [notice of appeal (inclusive of prescribed fee)];
(iii)

section 26 (1) to (5) and (7) to (9) [organization of tribunal, except decision of majority is decision of panel];
(iv)

section 31 (1) (f) [summary dismissal if no reasonable prospect application will succeed];
(ix)

section 34 [power to compel witnesses and order disclosure];
(x)

section 60 (1) (a) and (b) and (2) [power to make regulations];
(g)

section 61 [application of Freedom of Information and Protection of Privacy Act]. 55.1 (1) The commission has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal under

section 55 and to make any order permitted to be made. (2) Without limiting subsection (1), the commission has exclusive jurisdiction to hear and determine the following questions:
(a) whether an official acted in accordance with the regulations in issuing an order under

section 50;
(b) whether the chief executive officer acted in accordance with the regulations in issuing a notice under

section 52 (2) (a), issuing an order under section 52 (1), taking any action under section 52 (2) or levying a penalty under section 54 (1). (3) A decision or order of the commission under this Act on a matter in respect of which the commission has exclusive jurisdiction is final and conclusive and is not open to question or review in any court. 56 (1) If, under an agreement under

section 26, a first nation government or an authority acts in the place of the commission, sections 49 to 55 apply to
(a) the first nation government or authority, and
(b) a person designated by the first nation government or authority to exercise the powers under those sections. (2) Despite

section 43 of the Provincial Court Act, if a first nation government imposes a penalty under section 54 of this Act, the penalty is payable to and may be retained by the first nation government. 57 (1) A person commits an offence and is liable on conviction to a fine not exceeding $1 million or imprisonment for not more than 6 months, or to both, who contravenes the following:
(a) an order of the commission;
(c) a covenant referred to in

section 49 (1) (f) to produce a record or thing;
(e) a stop work order under

section 52. (2) The maximum fine under subsection (1) to which a person is liable on a second or subsequent conviction is double the amount set out in that section. (3) A proceeding, conviction or penalty under this section does not relieve a person from a penalty under another section or from any other liability. (4) A person commits an offence who
(a) without lawful excuse intentionally interferes with,
(b) without lawful excuse intentionally fails to comply with a lawful requirement of, or
(c) intentionally makes a false statement or misleads or attempts to mislead,
the chief executive officer, a member of the commission, an official or an employee or a consultant of the commission appointed under

section 8. (5) If a corporation contravenes this Act or the regulations, a director or officer of it who authorized, permitted or acquiesced in the contravention also commits the contravention. (6)

Section 5 of the Offence Act does not apply to this Act. 58 (1) The Lieutenant Governor in Council may make regulations respecting farm uses and non-farm uses as follows:
(a) designating uses of agricultural land as farm use;
(b) specifying farm uses of agricultural land that may not be prohibited by a local government enactment or a first nation government law;
(c) prescribing permitted non-farm uses for the purposes of

section 20 (1);
(d) specifying permitted non-farm uses that may or may not be prohibited by a local government enactment or a first nation government law. (2) The Lieutenant Governor in Council may make regulations respecting residential uses as follows:
(a) prescribing, by type or purpose, structures that are residential structures, including permanent and temporary structures, vehicles used as residences, roads, utilities, recreational and storage facilities and landscaping;
(b) for the purposes of

section 20.1 (1) (a) and (b), respecting circumstances in which
(i) an additional residence is permitted, or
(ii) a principal residence may have a total floor area of more than 500 m2;
(c) for the purposes of

section 20.1 (1) (c),
(i) respecting the size and siting of residential structures and methods for determining size and siting,
(ii) requiring all residential structures to be sited within a prescribed area on a parcel of agricultural land, and
(iii) permitting or prohibiting types of residential uses and imposing limits or conditions on residential uses;
(d) for the purposes of

section 20.1 (1) (c), providing a process to apply for a variation of or exemption from a regulation made under paragraph (c) (i) or (ii) of this subsection, including
(i) respecting applications and fees for applications,
(iii) respecting matters that must be or may not be considered in making a determination, and
(iv) deeming an application to be a use or subdivision application for the purposes of this Act. (3) The Lieutenant Governor in Council may make regulations respecting soil or fill uses as follows:
(a) exempting materials from the definition of "fill";

section 20.3 (1) (b), specifying circumstances in which the removal of soil and placement of fill are permitted. (4) The Lieutenant Governor in Council may make regulations respecting records that must be kept, and the period for which records must be kept, by persons engaging in any of the following:
(a) a farm use to which subsection (1) (a) or (b) applies;
(b) a non-farm use, non-adhering residential use or soil or fill use permitted under this Act.

(5) In making a regulation under subsection (2) or (3), the Lieutenant Governor in Council may impose limits or conditions on the use of agricultural land, including, without limitation, limits or conditions
(a) that take into account agricultural, environmental, heritage, economic, cultural and social values, and
58.1 The Lieutenant Governor in Council may make regulations as follows:
(a) for the purposes of

section 18.1,
(i) prescribing the form and manner in which notice and proof under that section must be given, and
(ii) conferring a discretion on the commission or the Registrar of Titles to determine the form and manner in which notice and proof under that section must be given;
(b) prescribing exceptions to the prohibitions under

section 19 respecting subdivision of agricultural land;

section 21 (1), specifying permitted types of subdivision. 58.2 (1) The Lieutenant Governor in Council may make regulations respecting application fees as follows:
(b) exempting classes of persons from payment of an application fee;

section 34 (3) (b), prescribing the portion of an application fee to be paid to the local government or first nation government. (2) The Lieutenant Governor in Council may make regulations setting fees for the following:
(a) the provision of a service under the Act by the commission or the officers or employees appointed by the commission;
(b) the purposes of sections 20.3 (1) (c) (ii), 35.1 (a) and 49 (3);
(c) the exercise of powers under

section 49 (1). (3) In making a regulation under subsection (2), the Lieutenant Governor in Council may do the following:
(a) set fees for the review of information;
(b) prescribe the amount of a fee or a method for calculating the amount of a fee;
(c) make regulations respecting the time within which a fee must be paid;
58.3 (1) The Lieutenant Governor in Council may make regulations respecting applications as follows:

section 25 (1) (a),
(i) specifying circumstances in which the commission must reject an application, and
(ii) establishing classes of applications and requiring the commission to reject an application unless the application is within an established class;

section 25 (1.1), respecting criteria to be considered;

section 26,
(i) respecting the terms of an agreement entered into under that section, and
(ii) prescribing agents, public officers and public bodies and specifying the persons constituting the governing body of a prescribed agent, public officer or public body;

section 29 (1), prescribing public bodies;
(e) for the purposes of

section 34 (1) (e), prescribing types of applications for which local government or first nation government review is not required;
(f) for the purposes of

section 34.1 (2) (a), respecting the manner in which a local government or first nation government is required to
(i) review an application, and
(ii) provide comments and recommendations respecting the application;
(g) for the purposes of

section 35.1 (a), respecting the information an applicant must submit to the commission and the form and manner in which the information must be provided;
(h) respecting the giving of notice for applications, hearings and other matters, including the form and manner in which a notice must be given;
(i) respecting the manner of holding hearings and meetings and obtaining public comment. (2) The Lieutenant Governor in Council may make regulations as follows:
(a) respecting the publication of reports for the purposes of

section 44 (6);
(b) respecting other forms of security for the purposes of

section 48;
(c) prescribing procedures to facilitate dispute resolution under the Act. 58.4 The Lieutenant Governor in Council may make regulations as follows:

section 5, either or both of the following:
(i) prescribing criteria that a person must meet to be considered a resident of an administrative region;
(ii) conferring a discretion on the chair of the commission or another body or person for the purpose of determining whether, or the date on which, a person meets or ceases to meet the criteria to be considered a resident of an administrative region;
(b) specifying applications and types of applications that
(i) are or are not of provincial importance for the purposes of

section 11.1 (2) (a) (i),
(ii) do or do not raise an issue that is novel or is otherwise of general importance for the administration of the Act for the purposes of

section 11.1 (2) (a) (ii), and
(iii) do or do not substantially affect more than one administrative region for the purposes of

section 11.1 (2) (a) (iii);
(c) establishing policies, procedures, rules and requirements to be followed by the commission in conducting its affairs, exercising its powers and performing its duties;
(d) specifying the number of members that constitute a quorum of the commission or a panel;
(e) prescribing the making of certain information public and the manner of making it public;
(f) respecting the setting of boundaries of agricultural land and the agricultural land reserve and the form, content, maintenance and correction of records of those boundaries. 58.5 The Lieutenant Governor in Council may make regulations as follows:
(a) respecting orders under sections 50 and 52;
(b) respecting penalties levied under

section 54 (1);
(c) prescribing penalties for a contravention of this Act, the regulations or an order of the commission. 58.6 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) A person must not read any of sections 58 to 58.5 or subsections (3) or (4) of this section as limiting the general power to make regulations described in subsection (1) of this section. (3) The Lieutenant Governor in Council may make regulations as follows:
(a) defining a word or expression used but not defined in this Act;
(b) respecting any other matter for which regulations are contemplated by this Act.

(4) In making a regulation under any of sections 58 to 58.5 or this section, the Lieutenant Governor in Council may do the following:
(a) establish classes of persons and make different regulations for different classes;
(b) make different regulations for different types of
(i) agricultural land uses or limits or conditions that may be imposed on agricultural land uses under

section 58 (2) or (3),
(iii) services that may be provided by, information that must be provided to or powers that may be exercised by the commission or the officers or employees appointed by the commission, and
(c) make different notice requirements for different areas of British Columbia. 59 The powers in this Act and the regulations enabling the commission, the chief executive officer and an official to make an order, to impose a fine or penalty, or to commence a proceeding may be exercised separately, concurrently or cumulatively and do not affect the powers of the government under this or any enactment. 60 (1) In addition to the limitations set out in

section 23 (2) of the Land Title Act, a certificate of title issued before June 29, 1973 for agricultural land is subject, by implication and without endorsement on the certificate of title, to this Act and the regulations governing the agricultural land reserve and farm use of the land. (2) A Registrar of Titles must endorse on every indefeasible title to agricultural land issued after June 29, 1973 that the title may be affected by this Act. "Land Reserve Commission" means the Land Reserve Commission established under

section 2 of the Land Reserve Commission Act as it read immediately before the coming into force of this section. (2) All of the rights, property and assets and all of the debts, liabilities and obligations of the Land Reserve Commission are transferred to and vested in the Provincial Agricultural Land Commission. (3) An application or a matter commenced under the former Act is continued as an application or matter under this Act. (4) An application under

section 3 of the Soil Conservation Act, R.S.B.C. 1996, c. 434, as it read immediately before the coming into force of this section is continued as an application for permission for non-farm use under this Act. (5) The Provincial Agricultural Land Commission may take up and carry on to completion all proceedings or other matters commenced under any enactment that were, immediately before the coming into force of this section, before the Land Reserve Commission. Interior Administrative Region
1 For the purpose of

section 4.1 (a), the Interior Administrative Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Cariboo Regional District;
(b) Central Coast Regional District;
(c) Thompson-Nicola Regional District;
(d) the part of Squamish-Lillooet Regional District that is north and east of a line commencing at the intersection of latitude 50° 24' 54.5" north and longitude 122° west and then proceeding due north to the intersection of latitude 50° 45' north and longitude 122° west and then proceeding due west to the intersection of latitude 50° 45' north and longitude 123° west and then proceeding due north and terminating at the intersection of latitude 51° 11' 47.63" north and longitude 123° west.

section 4.1 (b), the Island Administrative Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Regional District of Alberni-Clayoquot;
(b) Capital Regional District;
(c) Comox Valley Regional District;
(d) Cowichan Valley Regional District;
(e) Regional District of Mount Waddington;
(f) Regional District of Nanaimo;
(g) Powell River Regional District;
(h) Strathcona Regional District. Kootenay Administrative Region
3 For the purpose of

section 4.1 (c), the Kootenay Administrative Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Regional District of Central Kootenay;
(b) Regional District of East Kootenay;
(c) Regional District of Kootenay Boundary;
(d) the part of Columbia-Shuswap Regional District that is south and east of a line commencing at the intersection of latitude 50° 52' 58.23" north and longitude 117° 30' west and proceeding due north to the intersection of latitude 51° 45' north and longitude 117° 30' west and then proceeding due east and terminating at latitude 51° 45' north and longitude 116° 57' 40" west. North Administrative Region
4 For the purpose of

section 4.1 (d), the North Administrative Region consists of the following:
(a) the geographic area of British Columbia within the boundaries of the following regional districts and regional municipalities, as those boundaries existed on January 1, 2014:
(i) Regional District of Bulkley-Nechako;
(ii) Regional District of Fraser-Fort George;
(iii) Regional District of Kitimat-Stikine;
(iv) Northern Rockies Regional Municipality;
(v) Peace River Regional District;
(vi) Skeena-Queen Charlotte Regional District;
(b) all the land in British Columbia that is not within the boundaries of a regional district or a regional municipality, as those boundaries existed on January 1, 2014. Okanagan Administrative Region
5 For the purpose of

section 4.1 (e), the Okanagan Administrative Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Regional District of Central Okanagan;
(b) Regional District of North Okanagan;
(c) Regional District of Okanagan-Similkameen;
(d) Columbia-Shuswap Regional District, except the part of Columbia-Shuswap Regional District that is south and east of a line commencing at the intersection of latitude 50° 52' 58.23" north and longitude 117° 30' west and proceeding due north to the intersection of latitude 51° 45' north and longitude 117° 30' west and then proceeding due east and terminating at latitude 51° 45' north and longitude 116° 57' 40" west. South Coast Administrative Region
6 For the purpose of

section 4.1 (f), the South Coast Administrative Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Fraser Valley Regional District;
(b) Metro Vancouver Regional District;
(c) Sunshine Coast Regional District;
(d) Squamish-Lillooet Regional District, except the part of Squamish-Lillooet Regional District that is north and east of a line commencing at the intersection of latitude 50° 24' 54.5" north and longitude 122° west and then proceeding due north to the intersection of latitude 50° 45' north and longitude 122° west and then proceeding due west to the intersection of latitude 50° 45' north and longitude 123° west and then proceeding due north and terminating at the intersection of latitude 51° 11' 47.63" north and longitude 123° west.

section 18 (5) [restrictions on approving land uses or subdivision] of the Act;
"local or first nation government applicant" means an applicant who
(a) is a local government or first nation government, and
(b) is making an application with respect to land over which the applicant has jurisdiction;
"public body applicant" means an applicant described in

section 16 [public body applicants];
"public hearing" means a public hearing held for the purposes of

section 17 (2), 29 (2) or 30 (2) [inclusions or exclusions of land] of the Act, as applicable. 2 (1) For the purposes of this regulation,
(a) a local government has jurisdiction over land if the local government has legislative authority over the land, and
(b) a first nation government has jurisdiction over land if the land is, or is part of, the settlement lands or proposed settlement lands, as applicable, for that first nation. (2) For the purposes of

section 2 (1) [application of other Acts] of the Act, nothing in this regulation is to be interpreted as relieving a person from complying with
(a) any other enactment that may apply, or
(b) a decision of a responsible authority, including respecting zoning or subdivision, that may apply. Part 2 — Permitted Subdivisions
3 (1) A subdivision of agricultural land is permitted for the purposes of the Act if
(a) an approving officer determines that the subdivision is of a type referred to in subsection (2), and
(i) indicates the approval by endorsing on the plan of subdivision a certificate in the form required by the commission, and
(ii) submits to the commission a copy of the endorsed plan.

(2) The following types of subdivision are permitted for the purposes of subsection (1) (a):
(a) a subdivision that does one or more of the following:
(i) consolidates 2 or more parcels into a single parcel by eliminating common lot lines;
(ii) establishes a legal boundary along the boundary of the agricultural land reserve;
(iii) resolves a building encroachment on a property line, if no additional parcels are created;
(b) a subdivision for which all of the following conditions are met:
(i) the agricultural land to be subdivided involves not more than 4 parcels, each of which is a minimum of 1 ha;
(ii) on subdivision, there would be no increase in the number of parcels and no parcel would be less than 1 ha;
(iii) the subdivision would allow for boundary adjustments that, in the opinion of the approving officer, will enhance farming on the agricultural land or permit better use of structures used for farming.

"lands under a final agreement" means those lands affected by a plan that a treaty first nation will own in fee simple, as treaty lands or otherwise, in accordance with the treaty first nation's final agreement;
"plan" has the same meaning as in

section 19 (1) [registration restrictions] of the Act. (2) A subdivision of agricultural land is permitted for the purposes of the Act if
(a) the subdivision results from the registration of an indefeasible title in the name of a treaty first nation to lands under a final agreement, and
(i) effective on the date the final agreement comes into effect, and
5 A Registrar of Titles may accept an application for the deposit of a plan referred to in this Part if the applicable conditions of this Part with respect to the subdivision of agricultural land shown on the plan are met.

Part 3 — Procedures for Proposals and Applications
Division 1 — General Procedures
6 (1) Subject to subsections (3) and (4) of this section, an applicant may make an application to which

section 34 [local government or first nation government review not required] of the Act applies by submitting to the commission
(a) an application in the form and manner required by the commission, and
(i) $450 in the case of an application described in

section 34 (1) (a), (c) or (e) of the Act that is made for the purposes of section 20.1 (2) (a) of the Act in respect of a non-adhering residential use;
(ii) $750 in the case of an application described in

section 34 (1) (a), (b), (c) or (e) of the Act other than one that is made for the purposes of section 20.1 (2) (a) of the Act in respect of a non-adhering residential use;
(iii) $1 500 in the case of an application made under

section 34 (1) (d) of the Act. (2) Subject to subsections (3) and (4) of this section, an applicant may make an application to which

section 34.1 [local government or first nation government review required] of the Act applies by submitting to the applicable body under that section
(i) in the case of an application that is made for the purposes of

section 20.1 (2) (a) of the Act in respect of a non-adhering residential use,
(A) $450 for the purposes of

section 34.1 (1) of the Act, and
(B) if applicable, an additional $450 for the purposes of

section 34.1 (3) of the Act;
(ii) in the case of an application other than one that is made for the purposes of

(A) $750 for the purposes of

(B) if applicable, an additional $750 for the purposes of

section 34.1 (3) of the Act. (3) If a fee has already been submitted under

section 20.3 (1) (c) (ii) [soil or fill use] of the Act in respect of an application, the fee payable under subsection (1) or (2) (b) (ii) of this section is reduced by $150. (4) Applicants are exempt from paying application fees in respect of applications to include land in the agricultural land reserve. [am. B.C. Reg. 149/2020, Sch. 1, s. 1.] 7 The commission may pay $200 to each local government or first nation government from which the commission requests comments or information under

section 34 (3) [local government or first nation government review not required] of the Act. 8 (1) A local government or first nation government that receives an application under

section 34.1 [application procedure if local government or first nation government review required] of the Act must, in accordance with this section, forward to the commission
(b) the comments and recommendations of the local government or first nation government in respect of the application. (2) The application, comments and recommendations must be forwarded within the following period after the local government or first nation government receives the application:
(a) 90 days, if a public information meeting is held under

section 19 (b) [public hearing and public information meeting];
(b) 60 days, if paragraph (a) does not apply. (3) The comments and recommendations must be in a form acceptable to the commission and address all of the following that apply:
(a) in the case of an exclusion application made by a public body applicant,
(i) whether the notice required under

section 17 (a) [exclusion applications by public body applicants] of this regulation has been given,
(ii) whether the resolution or law required under

section 29 (4) [exclusion applications] of the Act has been made, and
(iii) any responses the local government or first nation government received
(A) under

section 18 [responses to exclusion applications], and
(B) through a public information meeting held under

section 19 (b), if any;
(b) in the case of a use or subdivision application, whether
(i) the resolution, if required under

section 25 (3) [applications by owner] of the Act, has been made, or
(ii) the law required under

section 25 (3.1) of the Act has been made. (4) The comments and recommendations may include any other information the local government or first nation government wants the commission to consider concerning the application. 9 (1) The commission, a local government, a first nation government or a public body applicant that holds a meeting, public information meeting or a public hearing with respect to an application may, without limiting any other powers of the commission, local government, first nation government or public body applicant,
(a) designate the date, time and place for the meeting or public hearing, and
(b) adjourn the meeting or public hearing.

(2) The commission, a local government, a first nation government or a public body applicant holding a public hearing
(a) must give all persons present an opportunity to be heard on matters related to the proposal or application that is the subject of the public hearing, and
(b) may, without further notice, allow a proposal or application that is the subject of the public hearing to be amended to accommodate representations made at that public hearing.

(3) A member of the commission, a local government or a first nation government who was not present at a public hearing may vote on the proposal or application that was the subject of the public hearing if an oral or written report of the public hearing has been given to the member.

10 (1) Without limiting any other requirement under the Act, the commission must give written notice to each applicable person referred to in subsection (2) if the commission does any of the following, whether on the commission's own initiative or on determination of an application:
(a) includes, or refuses to include, land in the agricultural land reserve;
(b) excludes, or refuses to exclude, agricultural land from the agricultural land reserve;
(c) grants, or refuses to grant, permission for a use or subdivision;
(d) reverses or varies a decision on reconsideration under the Act. (2) The persons who must receive notice are the following:
(b) the local government or first nation government that has jurisdiction over the land that is the subject of the action.

11 (1) An applicant must pay a fee in accordance with this section if
(a) the commission, on granting an application, imposes a term or condition on the applicant, and
(b) the effect of the term or condition is to cause an official to engage in an activity described in this section.

(2) At the time that the term or condition is imposed, an applicant must pay a fee as follows:
(a) $350 for each site inspection an official must conduct, unless subsection (3) applies;
(b) $150 for each of the following that an official must administer, process, prepare, review, execute, file or register, other than in the context of an application:
(i) a contract or similar legal instrument, report, survey, map or a form of security;
(ii) a record that must be approved, filed or registered under an enactment;
(iii) a plan within the meaning of

section 19 [registration restrictions] of the Act or a covenant, including related records necessary for deposit of the plan or covenant with a Registrar of Titles. (3) On the annual date set by the commission, an applicant must pay a fee as follows for each year or part of a year that an official monitors activities conducted on agricultural land:
(a) $500 for agricultural land surveyed as being less than 0.8 ha;
(b) $1 000 for agricultural land surveyed as being between 0.8 ha and 4 ha;
(c) $2 000 for agricultural land surveyed as being more than 4 ha.

12 (1) The commission must publish the following information in respect of each application:
(a) the date on which the application was received;
(b) in general terms, the intent of the application;
(c) the name of the applicant;
(d) the dates on which the commission began and completed its review of the application;
(e) the commission's determination and the reasons for it.

(2) For the purposes of subsection (1),
(a) publication must be on a website maintained by or on behalf of the commission, and
Division 2 — Commission Proposals and Local and First Nation Government Applications for Inclusion or Exclusion
13 If the commission is proposing on the commission's own initiative to include land in, or exclude agricultural land from, the agricultural land reserve, the commission must do all of the following:
(a) give notice of the proposal not less than 3 days and not more than 10 days before the date of the public hearing;
(b) give a copy of the proposal and supporting material to each local government or first nation government whose interests, the commission believes, will be affected by the application;
(c) post a sign, in a form and manner acceptable to the commission, on the land that is the subject of the application.

14 (1) If a local or first nation government applicant is applying to include land in, or exclude agricultural land from, the agricultural land reserve, the applicant must do all of the following:
(a) give notice of the application not less than 3 days and not more than 10 days before the date of the public hearing;
(b) give a copy of the application to the following:
(i) if the land that is the subject of the application is adjacent to an area over which a different local government or first nation government has jurisdiction, that different local government or first nation government;
(ii) each local government or first nation government whose interests, the local or first nation government applicant believes, will be affected by the application;
(c) include with the application
(i) a report of the public hearing and any additional public comments, and
(ii) any other supporting material the commission may require;
(d) post a sign, in a form and manner acceptable to the commission, on the land that is the subject of the application.

(2) Despite subsection (1) (b), a local or first nation government applicant is not required to give a copy of an application to a first nation government referred to in paragraph (b) of the definition of "first nation government" in

section 1 of the Act. 15 (1) A notice of a public hearing must be given in accordance with this section by
(a) the commission, in respect of a proposal on the commissions' own initiative to include land in, or exclude agricultural land from, the agricultural land reserve, and
(b) a local or first nation government applicant, in respect of an application by the applicant to include land in, or exclude agricultural land from, the agricultural land reserve.

(2) The notice must do all of the following:
(a) state the general intent of the proposal or application;
(b) identify the land affected, whether by using the legal description or by describing the land generally;
(c) state the date, time and place of the public hearing;
(d) state when and where a copy of the proposal or application may be inspected.

(3) The notice must be published as follows:
(a) publication must be in at least 2 issues of a newspaper within the meaning of the Community Charter;
(b) the newspaper must be circulated in the municipality, regional district or settlement lands within which the land that is the subject of the proposal or application is located;
(c) the last publication must be circulated not less than 3 days and not more than 10 days before the date of the public hearing. (4) Despite subsection (3) of this section, if the requirements of that subsection are not practical, the commission or local or first nation government applicant, as applicable, may give notice in the same manner as a council may give notice under

section 94 (4) and (5) of the Community Charter. Division 3 — Public Body Applications for Exclusion
16 (1) An applicant to exclude agricultural land from the agricultural land reserve is a public body applicant if the applicant is the owner of the agricultural land and is
(a) the Province, a local government or a first nation government, or
(b) a person or body listed in subsection (2). (2) The following are prescribed for the purposes of

section 29 (1) (a) (ii) [exclusion applications] of the Act:
(a) a regional health board designated under

section 4 (1) of the Health Authorities Act;
(b) an educational body within the meaning of the Freedom of Information and Protection of Privacy Act;
(c) an improvement district within the meaning of the Local Government Act;
(d) BC Transportation Financing Authority;
(e) British Columbia Housing Management Commission;
(f) British Columbia Hydro and Power Authority;
(g) South Coast British Columbia Transportation Authority;
17 If a public body applicant is applying to exclude agricultural land from the agricultural land reserve, the public body applicant must do all of the following:
(b) give a copy of the application to any local government or first nation government that has jurisdiction over land that shares a common boundary with the agricultural land that is the subject of the application;
(c) include with the application a copy of the notice required under paragraph (a);

18 (1) If a public body applicant receives a response to a notice given under

section 17 (a) [exclusion applications by public body applicants], the applicant must promptly forward the response to the local government or first nation government that has jurisdiction over the agricultural land that is the subject of the application. (2) A local government or first nation government that receives a copy of an application under

section 17 (b) may respond to the application by giving comments and recommendations to the local government or first nation government that has jurisdiction over the agricultural land that is the subject of the application. 19 If a public body applicant is applying to exclude agricultural land from the agricultural land reserve,
(a) the applicant must give notice of a public hearing in accordance with

section 15 (2) to (4) [notice of public hearing] as if the applicant were a local or first nation government applicant, and
(b) the commission, or the local government or first nation government that has jurisdiction over the agricultural land that is the subject of the application, may, in addition to the public hearing, hold a public information meeting with respect to that application.

Division 4 — Commission Meeting on Exclusion Application
20 (1) The commission must do all of the following:
(a) hold a meeting to determine an exclusion application;
(b) not more than 30 days before the meeting, give written notice of the meeting to
(ii) the local government or first nation government that has jurisdiction over the agricultural land that is the subject of the application, and
(iii) if the commission considers it advisable, each owner of agricultural land that shares a common boundary with, or is separated by a public road right of way from, the agricultural land that is the subject of the application;
(c) before the meeting, give notice to the applicant of the following:
(i) the information, if any, related to the application that will be considered at the meeting;
(ii) any new information that becomes available.

(2) At the meeting, the commission may do one or more of the following:
(a) hear representations from the applicant;
(b) accept written submissions or any other form of evidence, whether or not it would be admissible as evidence in a court of law;
(c) hear representations, evidence and opinions the commission considers relevant of
(i) any person present or represented at the meeting, and
(ii) the local government or first nation government that has jurisdiction over the agricultural land that is the subject of the application. 21 (1) This section applies if
(a) evidence is presented at a meeting of the commission held to determine an exclusion application, and
(b) a statement or summary of that evidence has not been given to the applicant before the meeting.

(2) If the applicant is present at the meeting, the commission may
(a) hear further representations in respect of the evidence, or
(b) adjourn the meeting to enable the applicant to answer the evidence. (3) If the applicant is not present at the meeting, the commission must notify the applicant personally or by registered or electronic mail of
(b) the date by which the additional evidence may be answered. Division 5 — Other Applications
22 (1) For the purposes of

section 34 (1) (d) [local government or first nation government review not required] of the Act, an application for any of the following uses must, unless the use is permitted under the Agricultural Land Reserve Use Regulation, be filed directly with the commission:
(a) construction for the purpose of widening an existing road right of way;
(b) construction of a road within an existing right of way;
(c) construction of any of the following:
(i) a new road, railway or recreational trail;
(ii) a new forest service road under the Forest Act;
(iv) a sewer or water line other than for ancillary utility connections;
(d) a new use of an existing right of way for a recreational trail.

(2) If the applicant is not the owner of the agricultural land that is the subject of the application, the applicant must give notice of the application to the owner within the period stated by the commission. 23 (1) Subject to subsection (2), the commission must reject an application for permission to place fill on agricultural land if the fill to be placed includes any of the materials referred to in

section 36 [prohibited fill] of the Agricultural Land Reserve Use Regulation. (2) The commission may grant an application to use recycled concrete aggregate and recycled asphalt pavement within the meaning of

section 36 of the Agricultural Land Reserve Use Regulation as fill on agricultural land for any of the following purposes:
(a) constructing, maintaining or widening a road;
(b) constructing or maintaining a parking area. [am. B.C. Reg. 149/2020, Sch. 1, s. 2.] Division 1 — Commission Members and Duties
24 In sections 25 [residency information] and 26 [determining residency in administrative region], "director" means the director of the office of the government that is responsible for the recruitment and recommendation of candidates for appointments to all Crown corporations, agencies, boards and commissions.

25 (1) A person is a resident of an administrative region if the person
(a) is a citizen or permanent resident of Canada,
(b) resides in the administrative region, and
(c) intends to return to the administrative region when absent. (2) A person seeking to be appointed as a member of the commission must do all of the following:
(a) identify to the director, in writing,
(i) the administrative region of which the person is a resident, and
(ii) either the regional district in which the person is a resident or, if the person resides in the area referred to in

section 4 (b) of the Schedule to the Act, that area;
(b) provide supporting evidence for the purpose of subsection (1). (3) The director may request additional supporting evidence to that provided under subsection (2) (b). 26 (1) If the director is satisfied that a person seeking to be appointed as a member of the commission is a resident of the administrative region identified by the person under

section 25 (2) (a) (i) [residency information], the director must provide confirmation of that fact and the information provided under that section to
(a) the Lieutenant Governor in Council, in the case of a person seeking to be appointed as chair of the commission, and
(b) the minister, in any other case of a person seeking to be appointed as a member of the commission. (2) Confirmation by the director that a person is a resident of an administrative region must be in writing and is final and binding.

27 The commission must ensure that
(a) the agricultural land reserve boundary is represented on maps using technology, standards and security procedures the commission considers appropriate, and
(b) a map referred to in paragraph (a) is updated as soon as reasonably practicable after becoming aware that the agricultural land reserve boundary is not accurately represented on the map.

28 The commission must submit to the minister reports as follows:
(a) before June 30 of each year, an annual report that includes information respecting the financial operation of the commission and a financial statement
(i) showing the commission's financial operations for the 2 preceding financial years, and
(ii) prepared in accordance with generally accepted accounting principles and the accounting policies and practices established by Treasury Board;
(b) on request of the minister, a report that includes the following information with respect to the period specified by the minister:
(i) information specified by the minister respecting the administration of the Act by the commission and the expenditure of the budget allocated to the commission;
(ii) information respecting expenditures in relation to specific budget allocations.

29 (1) Subject to subsection (2) of this section, the commission must publish on a website maintained by or on behalf of the commission a report submitted under
(a)

section 44 [report and recommendations respecting matters referred to the board] of the Act, and
(b)

section 28 [reports to minister] of this regulation, no earlier than 60 days and not later than 90 days after submitting the report. (2) The minister may direct the commission not to publish any part of a report that, in the opinion of the minister, contains information that would be protected from disclosure under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act, whether the information relates to the commission or to the government.

30 (1) The chief executive officer must consider all of the following before levying a penalty against a person for contravening the Act, the regulations or an order of the commission:
(a) the gravity and magnitude of the contravention;
(b) whether the contravention was deliberate, repeated or continuous;
(c) whether there has been any contravention of a similar nature by the person;
(d) whether the person derived an economic benefit from the contravention;
(e) the person's cooperativeness and efforts to correct the contravention;
(f) the degree to which the contravention detrimentally affected or impaired the agricultural capability of agricultural land or its suitability for farming.

(2) The maximum penalty which the chief executive officer may levy is as follows:
(a) for any single contravention, $100 000;
(b) for a subsequent contravention, double the amount of the penalty levied for the first contravention. 31 (1) In this section, "action" means a determination or an order made, or a penalty levied, under

section 50 [stop work order], 52 [determinations and remediation orders] or 54 (1) [penalties levied by chief executive officer] of the Act. (2) An official who takes an action must give notice of the action to the person against whom it is taken. (3) If the chief executive officer levies a penalty against a person for contravening the Act, the regulations or an order of the commission, the chief executive officer must set out all of the following in the notice:
(a) the nature of the contravention;
(b) the amount of the penalty;
(c) the date by which the penalty must be paid;
(d) a description of the person's right to appeal the penalty. 32 (1) An official who is required to give notice under

section 31 (2) [notice of action] must give the notice by one or more of the following means:
(b) by registered mail sent to the person's last known address;
(c) by electronic mail sent to the person's last known electronic mail address;
(d) by posting the notice at a conspicuous location on the agricultural land that is the subject of the notice. (2) Notice is deemed to have been received by the person who is the subject of the notice as follows:
(a) if sent in accordance with subsection (1) (b), on the 14th day after deposit with Canada Post unless the person actually received the notice before that day;
(b) if sent in accordance with subsection (1) (c), as follows:
(i) as provided for under

section 18 (2) of the Electronic Transactions Act;
(ii) despite subparagraph (i), no later than 96 hours after the notice was sent. 33 Except as otherwise set out in this regulation,
(a) if the commission is required to give a notice under the Act, the commission may determine the form and manner of giving the notice, and
(b) if a person other than the commission is required to give a notice under the Act, the person must do so in a form and manner acceptable to the commission. 34 (1) For the purposes of

section 18.1 (3) [notice of statutory right of way] of the Act, the form issued by the commission to the applicant under subsection (2) of this section, confirming that the commission received notice in accordance with section 18.1 (2) of the Act, is proof that notice has been given as required under that section. (a) must, if it received notice in accordance with

section 18.1 (2) of the Act, issue a form confirming that fact, and
(b) may issue the form electronically or otherwise. [am. B.C. Reg. 149/2020, Sch. 1, s. 3.] 35 A person who submits to the chief executive officer a notice of intent to remove soil or place fill on agricultural land must pay a fee of $150. 36 The commissioner appointed under the Energy Resource Activities Act is prescribed as a public officer for the purposes of

section 26 (1) (b) [delegation of powers respecting applications] of the Agricultural Land Commission Act. [am. B.C. Reg. 187/2023, Sch., s. 12.] [Provisions relevant to the enactment of this regulation: Agricultural Land Commission Act, S.B.C. 2002, c. 36, ss. 5.1 and 58.1 to 58.5.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 12 [agri-tourism];
"compost" means a product that is
(a) a stabilized earthy matter having the properties and structure of humus,
(b) beneficial to plant growth when used as a soil amendment,
(c) produced by composting, and
(d) derived only from organic matter;
"controlled environment structure" means a structure that provides a controlled environment intended to intensify crop production, including, without limitation,
(a) a vertical farming system,
(b) a rotating tray system, or
(c) any other structure that minimizes the use of land, controls the use of light, air, water or nutrients or relies in whole or in part on automation,
but not including
(e) a structure for mushroom production, or
(f) a structure described in

section 8 (1) (b) or (2) that is used for producing cannabis in accordance with section 8;
"farm product" means a commodity that is produced from a farm use but does not include water;
"gathering for an event" means a gathering of people on agricultural land for the purpose of attending
(a) a wedding, other than a wedding to which paragraph (c) (ii) applies,
(i) an event held for the purpose of an agri-tourism activity, or
(ii) the celebration, by residents of the agricultural land and those persons whom they invite, of a family event for which no fee or other charge is payable in connection with the event by invitees;
"soil amendment" means compost, fertilizer, manure, mulch and soil conditioners. [am. B.C. Reg. 36/2022, s. 1.]

section 2 (1) of the Act, a person who engages in a use of agricultural land that is permitted under this regulation is not relieved from complying with
3 Unless a contrary intention appears, a reference to a use of agricultural land includes all of the agricultural land on which a single farm operation is conducted, regardless of
(a) whether activities are conducted over one parcel or multiple parcels, or
(b) whether, in the case of multiple parcels, the parcels are adjacent. Division 1 — Farm Uses That May Be Prohibited
3.1 The use of agricultural land to construct, maintain or operate a controlled environment structure is designated as a farm use. [en. B.C. Reg. 36/2022, s. 2.]

Division 2 — Farm Uses That May Not Be Prohibited
4 The farm uses referred to in this Division may not be prohibited
(a) by a local government enactment except a bylaw under

section 552 [farming area bylaws] of the Local Government Act, or
(b) by a first nation government law, if the activity is conducted on settlement lands. [am. B.C. Reg. 36/2022, s. 4.] 5 (1) Subject to any limits and conditions set out in this Division, the use of agricultural land to construct, maintain or operate any of the following is designated as a farm use and may not be prohibited as described in

section 4:
(a) a structure, other than a residential structure, that is necessary for a farm use;
(b) a driveway or utility that is necessary for a farm use. (2) For greater certainty, subsection (1) (a) includes all of the following:
(b) a structure for use in an intensive livestock operation or for mushroom production;
[am. B.C. Reg. 36/2022, s. 4.] 6 (1) The use of agricultural land for conducting land development works may not be prohibited as described in

section 4 if the works are required for farm uses conducted on the agricultural land on which the works are conducted. (2) Without limiting paragraph (b) of the definition of "farm operation" in

section 1 of the Farm Practices Protection (Right to Farm) Act, land development works include all of the following:
(a) levelling and berming agricultural land;
(c) constructing works ancillary to clearing, draining, irrigating, levelling or berming agricultural land and to constructing reservoirs. 7 (1) Soil sampling conducted on agricultural land, including testing of the soil samples, may not be prohibited as described in

section 4. (2) The use of agricultural land for storing and applying biosolids and soil amendments, other than compost, may not be prohibited as described in

section 4. (3) The use of agricultural land for producing, storing and applying compost may not be prohibited as described in

section 4 if, in the case of
(a) compost classified as Class A compost under the Organic Matter Recycling Regulation, all of the compost produced, stored and applied is used on the agricultural land on which it was produced, or
(b) any other compost, the compost is from agricultural by-products that were produced for a farm use. 8 (1) The use of agricultural land for producing cannabis lawfully may not be prohibited as described in

section 4 if the cannabis is produced
(b) inside a structure that, subject to subsection (2), has a base consisting entirely of soil. (2) The use of agricultural land for producing cannabis lawfully may not be prohibited as described in

section 4 if the cannabis is produced inside a structure that meets both of the following conditions:
(a) the structure was, before July 13, 2018,
(i) constructed for the purpose of growing crops inside it, including but not limited to producing cannabis lawfully, or
(ii) under construction for the purpose referred to in subparagraph (i), if that construction
(A) was being conducted in accordance with all applicable authorizations and enactments, and
(B) continues without interruption from the date it began until the date the structure is completed, other than work stoppages considered reasonable in the building industry;
(b) the structure has not been altered since July 13, 2018 to increase the size of its base or to change the material used as its base.

9 (1) The use of agricultural land for commercial horse riding, training and boarding may not be prohibited as described in

section 4 if both of the following conditions are met:
(a) facilities for horse riding do not include a racetrack that is or must be licensed by the British Columbia Racing Commission;
(b) no more than 40 horses are boarded on the agricultural land. (2) The use of agricultural land for non-commercial horse riding, training and boarding is designated as a farm use and may not be prohibited as described in

section 4 if both of the conditions referred to in subsection (1) of this section are met. 10 The following uses of agricultural land are designated as farm uses and may not be prohibited as described in

section 4:
(a) deliberately retaining, introducing and mixing trees or other plants in crop or animal production systems to provide an economic return, commonly referred to as "agroforestry";
(b) producing botanical forest products;
(c) producing and harvesting timber, including engaging in silviculture and forest protection activities. 11 (1) In this section, "association" has the same meaning as in the Cooperative Association Act. (2) The use of agricultural land for storing, packing, preparing and processing farm products is designated as a farm use and may not be prohibited as described in

section 4 if at least 50% of the farm product is
(a) produced either on that agricultural land or by an association to which the owner of the agricultural land belongs, or
(b) feed required for farm use on that agricultural land. (3) The use of agricultural land for conducting farm retail sales is designated as a farm use and may not be prohibited as described in

section 4 if
(a) all of the farm products offered for sale are produced on that agricultural land, or
(b) the area used for all retail sales meets both of the following conditions:
(i) the total area, both indoors and outdoors, does not exceed 300 m2;
(ii) at least 50% of that area is limited to the sale of farm products produced either on that agricultural land or by an association to which the owner of the agricultural land belongs. "farm product rule" means a requirement imposed under

section 11 (2) respecting the proportion of farm product stored, packaged, prepared or processed;
"specified facility" means a facility, in existence on the first day of the temporary exception period, for storing, packing, preparing or processing fruit all or most of which is specified fruit;
"specified fruit" means any of the following:
"temporary exception period" means the period that
(a) begins on the date on which this section comes into force, and
(2) Despite

section 11 (2), the farm product rule does not apply with respect to the storing, packing, preparing or processing of specified fruit at a specified facility during the temporary exception period. [en. B.C. Reg. 257/2024, App. 1; am. B.C. Reg. 38/2025, s. (a).] 12 (1) The use of agricultural land for conducting an agri-tourism activity described in subsection (2) of this section is designated as a farm use and may not be prohibited as described in

section 4 if all of the following conditions are met:
(a) the activity is conducted on agricultural land that is classified as a farm under the Assessment Act;
(b) members of the public are ordinarily invited to the activity, whether or not a fee or other charge is payable;
(c) no permanent facilities are constructed or erected in connection with the activity.

(2) The following are agri-tourism activities for the purposes of subsection (1):
(a) an agricultural heritage exhibit displayed on the agricultural land;
(b) a tour of the agricultural land, an educational activity or demonstration in respect of all or part of the farm operation conducted on that agricultural land, and activities ancillary to any of these;
(c) cart, sleigh and tractor rides on the agricultural land;
(d) subject to

section 9 [horse facilities], activities that promote or market livestock raised or kept on the agricultural land, whether or not the activity also involves livestock raised or kept elsewhere, including shows, cattle driving and petting zoos;
(e) dog trials held on the agricultural land;
(f) harvest festivals and other seasonal events held on the agricultural land for the purpose of promoting or marketing farm products produced on that agricultural land;
(g) corn mazes prepared using corn produced on the agricultural land on which the activity is taking place.

"alcohol product" means beer, cider, spirits, mead or wine;
"alcohol production facility" means a brewery, cidery, distillery, meadery or winery;
"ancillary use" means the following activities conducted at an alcohol production facility:
(a) processing, storing and retail sales of an alcohol product produced by the alcohol production facility;
(b) operating a food and beverage service lounge, if the area of the lounge does not exceed 125 m2 indoors and 125 m2 outdoors;
(c) selling an alcoholic beverage other than one produced by the alcohol production facility, if the alcoholic beverage is intended to be consumed immediately and is sold
(i) as a single serving in a lounge referred to in paragraph (b), or
(ii) in a service area under a special event area endorsement endorsed on the licence issued under the Liquor Control and Licensing Act for the alcohol production facility;
(d) conducting a cooking class, if the class is held in a food premises within the meaning of the Food Premises Regulation that has been constructed, and is being operated, in compliance with that regulation;
(e) gathering for an event, if the event is held only in the lounge referred to in paragraph (b) or the special event area under a special event area endorsement referred to in paragraph (c), and, for this purpose,

section 17 [gathering for an event] does not apply;
"brewery", "cidery", "distillery", "meadery" and "winery" mean a brewery, cidery, distillery, meadery or winery, as applicable, that is licensed under the Liquor Control and Licensing Act to produce beer, cider, spirits, mead or wine;
"primary farm product" means the farm product that is the primary ingredient used in a fermentation process to make an alcohol product. (2) The use of agricultural land for constructing, maintaining and operating an alcohol production facility and the use of the facility for ancillary uses are designated as farm uses and may not be prohibited as described in

(a) at least 50% of the primary farm product used to make the alcohol product produced each year is harvested from the agricultural land on which the alcohol production facility is located, or
(b) the agricultural land on which the alcohol production facility is located is more than 2 ha in area and at least 50% of the primary farm product used to make the alcohol product produced each year is
(i) harvested from that agricultural land, or
(ii) both harvested from that agricultural land and received from a farm operation located in British Columbia that provides that primary farm product to the alcohol production facility under a contract having a term of at least 3 years.

(3) Despite subsection (2), the use of agricultural land for maintaining and operating a winery or cidery and ancillary uses is designated as a farm use and may not be prohibited as described in

(i) is the subject of a licence under the Liquor Control and Licensing Act to produce wine or cider, issued on or before June 15, 2015, or
(ii) is the subject of a letter of eligibility to produce wine or cider, given in respect of a licensing application made under the Liquor Control and Licensing Act and received during the period that begins June 15, 2014 and ends June 15, 2015, and
(b) the production of wine or cider by the winery or cidery would be designated as a farm use under

section 2 (2) (b) of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation as it read on June 14, 2015. "primary farm product rule" means a requirement respecting the proportion of primary farm product used to make an alcohol product imposed under
(a)

section 2 (2) (b) of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation as it read on June 14, 2015;

section 13, primary farm product rules do not apply with respect to either of the following:
(a) the processing by a winery of wine made from grapes or grape products acquired by the winery during the temporary exception period, if processing begins during that period;
(b) the continued processing, and the storage and sale, of wine to which paragraph (a) applies. [en. B.C. Reg. 244/2024; am. B.C. Reg. 38/2025, s. (b).] 13.1 The use of agricultural land to construct, maintain or operate a controlled environment structure may not be prohibited as described in

(a) the structure that is being constructed, maintained or operated as a controlled environment structure was constructed or was under construction before August 31, 2022, and
(b) the structure is constructed in accordance with all applicable authorizations and enactments. [en. B.C. Reg. 36/2022, s. 5.] Part 3 — Permitted Non-Farm Uses
Division 1 — Permitted Non-Farm Uses That May Not Be Prohibited
14 The non-farm uses permitted under this Division may not be prohibited
(a) by a local government enactment, or
(b) by a first nation government law, if the activity is conducted on settlement lands.

15 Subject to any limits and conditions set out in this Division, the use of agricultural land to construct, maintain or operate any of the following is permitted and may not be prohibited as described in

section 14:
(a) a structure, other than a residential structure, that is necessary for a non-farm use permitted under this Division;
(b) a driveway or utility that is necessary for a non-farm use permitted under this Division. 16 The following uses of agricultural land are permitted and may not be prohibited as described in

(a) a park established or continued under the Park Act or the Protected Areas of British Columbia Act;
(b) an ecological reserve established or continued under the Ecological Reserve Act or the Protected Areas of British Columbia Act;
(c) a wildlife management area designated under the Wildlife Act;
(d) a reserve established under

section 15 of the Land Act for recreational use;
(e) a recreation site established under

section 56 of the Forest and Range Practices Act;
(f) an area established by order under

section 7 (1) of the Environment and Land Use Act to protect the environment or restrict land or resource use within the area. 17 The use of agricultural land for the purpose of gathering for an event is permitted and may not be prohibited as described in

section 14 if all of the following conditions are met:
(a) the event is conducted on agricultural land that is classified as a farm under the Assessment Act;
(b) no permanent facilities are constructed or erected in connection with the event;
(c) parking for those attending the event
(i) is available on that agricultural land,
(ii) occurs only in connection with that event, and
(iii) does not interfere with the productivity of that agricultural land;
(d) no more than 150 people, excluding residents of the agricultural land and employees of the farm operation conducted on that agricultural land, are gathered on that agricultural land at one time for the purpose of attending the event;
(e) the event is of no more than 24 hours in duration;
(f) no more than 10 gatherings for an event of any type occur on that agricultural land within a single calendar year.

18 The use of agricultural land for any of the following purposes is permitted and may not be prohibited as described in

(a) constructing and upgrading roads within a dedicated right of way that has a constructed road bed for vehicular access and use;
(b) upgrading an existing road that has vehicular access and use and that is declared to be a highway under

section 42 of the Transportation Act;
(c) widening an existing constructed road within a right of way
(ii) if the right of way width is 24 m or less, for safety or maintenance purposes or for drainage or flood control works;
(d) declaring as a forest service road an existing road under the Forest Act or a new road in a managed forest;
(e) increasing the width of a forest service road within a right of way by up to 4 m if the right of way width is
(i) 30 m or less, if the forest service road is located on Crown land, or
(ii) 20 m or less, in any other case;
(f) constructing and upgrading a road, and conducting related works, for the purpose of realigning Highway 29 between Hudson's Hope and Charlie Lake, to the extent necessary to
(i) construct the dam and hydroelectric generating station on the Peace River known as the Site C Clean Energy Project, and
(ii) address potential adverse effects on the highway arising from the operation of the dam and generating station referred to in subparagraph (i).

19 The use of agricultural land for any of the following purposes is permitted and may not be prohibited as described in

(a) collecting surface water for farm use or domestic use, water well drilling, connection of water lines and access to water well sites;
(b) surveying, exploring and prospecting for gravel or minerals if all cuts, trenches and similar alterations are restored to the natural ground level on completing the surveying, exploring or prospecting;
(c) constructing, upgrading and operating a railway on an existing railbed within a dedicated right of way;
(d) widening an existing railbed within a right of way if the right of way width is 30.5 m or less.

Division 2 — Permitted Non-Farm Uses That May Be Prohibited
20 The non-farm uses permitted under this Division may be prohibited
(b) by a first nation government law, if the activity is conducted on settlement lands. 21 Subject to any limits and conditions set out in this Division, the use of agricultural land to construct, maintain or operate any of the following is permitted but may be prohibited as described in

section 20:
(b) a driveway or utility that is necessary for a non-farm use permitted under this Division. 22 (1) The following uses of agricultural land are permitted but may be prohibited as described in

(a) an open land park established by a local government or a first nation government, other than an aboriginal governing body referred to in paragraph (b) of the definition of "first nation government" in the Act, for biodiversity conservation, passive recreation, heritage, wildlife or scenery viewing purposes;
(b) converting non-forested land to forested land on parcels less than 20 ha, other than for a farm use as described in

section 10 [forestry]. (2) The use of agricultural land for biodiversity conservation, passive recreation, heritage, wildlife and scenery viewing purposes, other than in a park referred to in subsection (1) (a), is permitted, but may be prohibited as described in

section 20, if both of the following conditions are met:
(a) the area occupied by any associated structures does not exceed 100 m2 for each parcel;
(b) the purpose does not include the creation of a wetland intended to manage urban runoff or waste. 23 The following uses of agricultural land are permitted but may be prohibited as described in

(a) pet breeding and boarding;
(b) sheltering and caring for surrendered, abandoned or seized livestock;
(c) providing a refuge for wildlife within the meaning of the Wildlife Act. 24 (1) The use of agricultural land for a commercial or similar use within a structure is permitted, but may be prohibited as described in

section 20, if all of the following conditions are met:
(a) the structure is accessory to and located on the same parcel as a residence;
(b) the structure occupies an area that does not exceed
(i) the limit specified in an applicable local government enactment or first nation government law, or
(ii) if subparagraph (i) does not apply, 100 m2. (2) The conditions set out in subsection (1) do not apply to a type of use referred to in any other provision of this regulation. 25 The following uses of agricultural land are permitted but may be prohibited as described in

(a) constructing, maintaining and operating force mains, trunk sewers, gas pipelines and water lines within an existing dedicated right of way;
(b) constructing, maintaining and operating, for the purpose of drainage or irrigation or to combat the threat of flooding,
(i) dikes and related pumphouses, and
(ii) ancillary works, including access roads and facilities. 26 The use of agricultural land for the purpose of removing aggregate is permitted, but may be prohibited as described in

(a) the total volume of aggregate removed from any single parcel is less than 500 m3;
(b) regardless of the volume of aggregate removed, the disturbed area is rehabilitated in accordance with good agricultural practice as soon as reasonably practicable after
(i) aggregate removal is complete, if the aggregate is removed as part of a single continuous operation, or
(ii) each stage of aggregate removal is complete, if subparagraph (i) does not apply;
(c) the cultivable surface layer of soil is salvaged, stored on the parcel and available for rehabilitation in accordance with paragraph (b).

27 (1) The use of agricultural land for producing and developing biological products used in integrated pest management programs is permitted, but may be prohibited as described in

section 20, if the area occupied by all structures used for the production or development does not exceed 300 m2 for each parcel. (2) The use of agricultural land for producing, storing and applying compost classified as Class A compost under the Organic Matter Recycling Regulation is permitted, but may be prohibited as described in

section 20, if at least 50% but less than 100% of the compost produced, stored and applied is used on the agricultural land on which it was produced. (3) The use of agricultural land for operating a temporary sawmill is permitted, but may be prohibited as described in

section 20, if at least 50% of the volume of milled timber is harvested from the agricultural land on which the sawmill is located. (4) The use of agricultural land for education and conducting research respecting a farm use or permitted non-farm use is permitted, but may be prohibited as described in

(a) the area occupied by any structures necessary for conducting education or research does not exceed 100 m2 for each parcel;
(b) the agricultural land is not used for a school within the meaning of the School Act. Division 1 — Residential Uses Generally
28 A person who engages in a residential use that is permitted under this Part is not relieved from complying with

section 20.1 (1) (a) or (b) of the Act, except as provided under Division 2 [Additional Residences] of this regulation. [am. B.C. Reg. 190/2021, s. 2.] 29 (1) A structure used, whether permanently or temporarily, to provide or in connection with providing accommodation as described in this Part is prescribed as a residential structure for the purposes of the Act. (2) A vehicle used, whether permanently or temporarily, to provide or in connection with providing accommodation as described in this Part is prescribed as a residential structure for the purposes of this Part.

30 Subject to any limits and conditions set out in this Part, the use of agricultural land to construct, maintain or operate any of the following is permitted:
(a) a structure, other than a residential structure, that is necessary for a residential use permitted under this Part;
(b) a driveway or utility necessary for a residential use permitted under this Part. 31 The use of agricultural land for a secondary suite is permitted if there is one suite only, located in the principal residence. 33 (1) In this section, "sleeping unit" means the following:
(a) a bedroom or other area used for sleeping located in a residence, cabin or other structure;
(b) a vehicle, trailer, tent or other structure located on a campsite, field or other area.

(2) The use of agricultural land for providing accommodation in relation to an agri-tourism activity is permitted if all of the following conditions are met:
(a) the accommodation is located on agricultural land that is classified as a farm under the Assessment Act;
(b) the total developed area for structures, landscaping and access for the accommodation is less than 5% of any parcel;
(c) the accommodation is limited to 10 sleeping units in total, including bedrooms under

section 34 [tourist accommodation];
(d) accommodation is provided on a seasonal or short-term basis only. 34 (1) In this section, "bedroom" means a bedroom or other area used for sleeping in a residence. (2) The use of agricultural land for providing accommodation for tourists is permitted in a principal residence that is not a pre-existing residential structure if both of the following conditions are met:
(a) the accommodation is limited to 4 bedrooms in total;
(b) accommodation is provided on a short-term basis only.

(3) The use of agricultural land for providing accommodation for tourists is permitted in a principal residence that is a pre-existing residential structure if all of the following conditions are met:
(a) on the date this section comes into force, the number of bedrooms complies with

section 3 (1) (d) of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, as it read immediately before this section came into force;
(b) the number of bedrooms is not changed after the date this section comes into force unless
(i) permitted under

section 25 or 45 of the Act, or
Division 2 — Additional Residences
34.1 (1) The use of agricultural land for an additional residence that is a pre-existing residential structure is permitted if
(a) the residence is constructed in accordance with all applicable enactments, and
(b) on February 22, 2019, the size, siting and use of the residence complied with

section 3 (1) (b) (ii) or (b.1) (ii) or (iii) of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, B.C. Reg. 171/2002, as it read on February 21, 2019. (2) The size and siting of a residence permitted under this section must not be altered unless one of the following applies:
(a) the alteration is permitted under

section 25 or 45 of the Act;
(b) in the case of a manufactured home, the alteration does not increase the size of the manufactured home;
(c) in the case of residence that is not a manufactured home, the alteration does not increase the total area occupied by all residences and other residential structures, roads and service lines, and all agricultural land between them. [en. B.C. Reg. 190/2021, s. 4.] 34.2 (1) The use of agricultural land for an additional residence that is a manufactured home and that is not a pre-existing residential structure is permitted if
(b) on December 31, 2021, all conditions with respect to the residence imposed under

section 32 (3), as it read on December 30, 2021, were met. (2) The size and siting of a residence permitted under this section must not be altered unless permitted under

section 25 or 45 of the Act. [en. B.C. Reg. 190/2021, s. 4.] 34.3 (1) The use of agricultural land for an additional residence for which construction begins after December 30, 2021 is permitted on a parcel if all of the following conditions are met:
(a) at the time that construction begins, the parcel has located on it only one residence, whether or not a secondary suite is located in the residence as permitted under

section 31;
(b) neither residence will be attached to, nor be part of, the other residence;
(c) one of the following applies to the residences, as constructed:
(i) if the parcel is 40 ha or less, there will be
(A) one residence, the total floor area of which is 500 m2 or less, and
(B) one residence, the total floor area of which is 90 m2 or less;
(ii) if the parcel is more than 40 ha, there will be
(A) one residence, the total floor area of which is any size permitted under the Act, and
(B) one residence, the total floor area of which is 186 m2 or less.

(2) The size of a residence permitted under this section must not be altered unless one of the following applies:

(b) the alteration does not increase the size of the residence beyond the size permitted under subsection (1) (c). (3) Nothing in this section prevents the granting of permission, under

section 25 or 45 of the Act, for additional residences to be constructed after the additional residence permitted under this section. [en. B.C. Reg. 190/2021, s. 4.] 35 Subject to

section 36 [prohibited fill], the removal of soil from, or the placement of fill on, agricultural land for one or more of the following purposes is permitted if all applicable conditions are met:
(a) constructing or maintaining a structure for farm use or for a principal residence if both of the following conditions are met:
(i) the total area from which soil is removed or on which fill is placed is 1 000 m2 or less;
(ii) if the area from which the soil is removed or on which the fill is placed is in a floodplain, the resulting elevation level is consistent with the minimum elevation level established under all applicable local government enactments and first nation government laws, if any, respecting flood protection in the floodplain;
(b) constructing or maintaining berms for producing cranberries, if any fill placed on the area is
(i) no higher than 2 m above the natural grade, and
(ii) no wider than 10 m at the base;
(c) constructing or maintaining flood protection dikes, drainage, irrigation and livestock watering works for farm use, if the total annual volume of soil removed or fill placed is 320 m3/16 ha or less;
(d) maintaining an existing farm road, if the total annual volume of soil removed or fill placed is equal to or less than the ratio of 50 m3 of soil or fill to 100 m of existing road length;
(e) using clean sand as a top-dress for berry production, if the total annual volume of soil removed or fill placed is 100 m3/ha or less;
(f) applying soil amendments, if incorporated into the soil to a depth of 30 cm or less;
(g) conducting soil research and testing, if the soil removed or fill placed is limited to the amount necessary for the research or testing.

[am. B.C. Reg. 149/2020, Sch. 2, s. 1.] 36 (1) Except as permitted under subsection (2), the following must not be used as fill on agricultural land:
(a) construction or demolition waste, including masonry rubble, concrete, cement, rebar, drywall and wood waste;
(2) Recycled concrete aggregate and recycled asphalt pavement may be used as fill on agricultural land for the purpose of maintaining an existing farm road as described in

section 35 (d). (3) For the purposes of subsection (2), "recycled concrete aggregate" and "recycled asphalt pavement" mean concrete and asphalt that
(a) have been recovered from a demolition process,
(b) have been crushed to a particle size
(i) that may pass through a 1.905 cm screen, in the case of recycled concrete aggregate, or
(ii) of 1.905 cm3 or smaller, in the case of recycled asphalt pavement, and
(c) do not include, or are not combined with, metal, plastic, rubber, wood, glass, paper, organic materials or other contaminants. [am. B.C. Reg. 149/2020, Sch. 2, s. 2.] [Provisions relevant to the enactment of this regulation: Agricultural Land Commission Act, S.B.C. 2002, c. 36, ss. 58 and 58.6.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 3;
"conventional boundary line" means those portions of the boundary marked on the ground by survey monuments and shown on the map sheets by a series of straight lines connecting the survey monuments;
"map sheets" means the surveys or maps entitled "Boundary between Alberta and British Columbia" and deposited with the Surveyor General of Canada at Ottawa and with the boundary commissioners of Alberta and British Columbia at Edmonton and Victoria, respectively, comprising
(a) Part I containing sheets 1 to 16A surveyed between 1913 and 1916,
(b) Part II containing sheets 17 to 29B surveyed between 1917 and 1921,
(c) Part III containing sheets 29 to 54 surveyed between 1918 and 1924,
(d) Part IV containing sheets 55 to 66 surveyed between 1950 and 1953, and
(e) revisions or supplements to sheets 1 to 66, depicting the boundary and alterations to it, made under

section 43 of the Constitution Act, 1982 or earlier applicable law;
"sinuous boundary line" means those portions of the boundary along the natural line of watershed that are indicated on the map sheets by a series of broken lines. 2 The boundary consists of the conventional boundary line and the sinuous boundary line as those lines existed on September 25, 1989, and as they are altered from time to time under

section 43 of the Constitution Act, 1982. 2.1 The Constitutional Amendment Approval Act does not apply in relation to a resolution under

section 43 of the Constitution Act, 1982 that authorizes an alteration to the boundary between British Columbia and Alberta if
(a) the alteration is for the purpose of substituting a conventional boundary line for a sinuous boundary line, and
(b) the boundary commissioners unanimously agree to the alteration.

3 (1) The Lieutenant Governor in Council may appoint a boundary commissioner who, subject to subsection (2), has the power and duty, in cooperation with the boundary commissioner appointed by Alberta and the boundary commissioner appointed by Canada,
(a) for the purpose of substituting a conventional boundary line for the sinuous boundary line, to survey the boundary line or any part of it that the boundary commissioners unanimously select to be surveyed,
(b) to locate the position of the sinuous boundary line on the ground and to amend its depiction on the map sheets where necessary to remove ambiguity,
(c) to settle any problem or dispute that is referred to the boundary commissioners respecting the location of the boundary,
(d) to establish, restore and maintain survey monuments and other physical evidence of the boundary, and
(e) to do all acts or things necessary or incidental to the exercise of powers or functions of a boundary commissioner under this Part.

(2) No obligation assumed by the boundary commissioner on behalf of British Columbia under subsection (1) is binding on British Columbia unless it is approved by the Lieutenant Governor in Council. 4 A problem or dispute respecting the location of the boundary on the ground in relation to a sinuous boundary line must be referred to the boundary commissioners. 5 (1) If the boundary commissioners unanimously agree that a portion of the sinuous boundary line be surveyed and monumented in a case where no problem or dispute has been referred to them under

section 4, then on the unanimous approval of the boundary commissioners of the completed survey and monumenting, but subject to confirmation by the Lieutenant Governor in Council, that portion is established as a provisional conventional boundary line. (2) If a problem or dispute respecting the location of the boundary on the ground in relation to a sinuous boundary line is under

section 4 referred to the boundary commissioners, the boundary commissioner of British Columbia may, in cooperation with the other boundary commissioners, cause the relevant portion of the sinuous boundary line to be surveyed and monumented. (3) If a majority of the boundary commissioners approves the completed survey and monumenting of the relevant portion of the sinuous boundary line referred to in subsection (2), that portion is, subject to confirmation by the Lieutenant Governor in Council, established as a provisional conventional boundary line.

(4) For the purpose of joining provisional conventional boundary lines surveyed and monumented under this section to the sinuous boundary line, the boundary commissioners may draw a series of broken lines which, subject to confirmation by the Lieutenant Governor in Council, is established as a provisional sinuous boundary line. 6 If a provisional boundary line is established under

section 5, the minister must
(a) cause to be prepared revisions or supplements to the map sheets, as necessary to reflect the provisional boundary line so established, and
(b) as soon as practicable, inform the Legislative Assembly of the particulars of the provisional boundary line. 7 (1) When all things necessary to alter the boundary under

section 43 of the Constitution Act, 1982 have been completed, the minister must cause the map sheets on deposit with the boundary commissioner of British Columbia to be revised or supplemented to reflect the alteration of the boundary. (2) The registrar of the land title office in which the titles to the land affected by an alteration of the boundary referred to in subsection (1) are registered must make all necessary amendments to the records of the land title office.

8 Despite any other provision of this Part, or any agreement entered into under this Part, Canada is not bound or liable to pay any costs in respect of this Part or any agreement entered into under this Part, except costs that Canada may incur for boundary inspections and meetings of the boundary commissioners. 9 The Lieutenant Governor in Council may make regulations for this Part referred to in

section 41 of the Interpretation Act. Part 2 — British Columbia — Yukon — Northwest Territories Boundaries
10 The Legislature of British Columbia consents that the Parliament of Canada declare that the line surveyed by the Department of the Interior of Canada from 1899 to and including 1908 and by the British Columbia Yukon Northwest Territories Boundary Commission from 1943 to and including 1959 shown on 36 map sheets entitled British Columbia and the Yukon and the Northwest Territories Boundary signed by the Commissioners and deposited in the office of the Surveyor General of British Columbia to be the boundary line between British Columbia and the Yukon and the Northwest Territories, whether or not it increases, diminishes or otherwise alters the territory of British Columbia.

section 8 (1), includes the following:
(a) the railbed beneath the railway track, including the basic grading and earthworks below the track ballast;
(b) the railway track, including, without limitation, all rail, ties, turnouts, associated hardware and track ballast;
(c) all works of infrastructure under the control or ownership of the BC Rail Partnership, a subsidiary of the company or the revitalization rail operator that support the safety, security and operating integrity of the railway track, including, without limitation, cuttings, embankments, drainage works, bridges, tunnels, culverts, retaining walls, works of stabilization, signals and detection devices and at-grade road crossings and signals;
"railway property" means any real property or any right, title or interest in or to real property that is designated as a railway property in a regulation referred to in

section 45 (1) or (2);
"revitalization agreement" means any agreement referred to in

section 46 by which the company makes a grant or assignment under section 46 (1);
"revitalization rail operator" means any person to whom a grant or assignment is made under

section 46 (1);
"revitalization rail services" means the rail services that immediately before the coming into force of this Act were or could have been provided on all or any part of the line or lines of the railway referred to in

"subdividable properties" means those railway properties that are designated as subdividable properties in a regulation referred to in

"subsidiary" means a corporation of which each share having full voting rights under all circumstances is held, otherwise than solely by way of security, either by the company or another subsidiary. 2 (1) The Railway Act applies to this Act, the company and to the railway constructed by it, except as it may be inconsistent with this Act or the agreement dated February 10, 1912 between the government and Timothy Foley and others. (2) The expression "this Act", when used in this Act, must be understood to include the clauses of the Railway Act except as indicated in subsection (1). (3) If any conflict arises between the 2 Acts, this Act governs.

4 The company is for all its purposes an agent of the government, and its powers may be exercised only as an agent of the government. 5 (1) A subsidiary is not an agent or emanation of the government. (2) Despite the Financial Administration Act, the definition of "government corporation" in that Act does not include a subsidiary as defined in

section 1 of this Act is a government corporation for the purposes of the Budget Transparency and Accountability Act. "appropriate bargaining unit", "collective agreement", "council of trade unions" and "trade union" have the same meaning as in the Labour Relations Code;
"BCR collective agreement" means a collective agreement between BC Rail Ltd. and a trade union, or a council of trade unions, for an appropriate bargaining unit. (2) A BCR collective agreement does not bind, and

section 35 of the Labour Relations Code does not apply to, the Port Subdivision Subsidiary. 6 (1) The exemption from taxation conferred by

section 2 of the Pacific Great Eastern Railway Taxation Exemption Act, S.B.C. 1926-27, c. 52, as enacted by the Pacific Great Eastern Railway Taxation Exemption Act Amendment Act, 1929, S.B.C. 1929, c. 49, does not exempt the company from liability for tax under the Carbon Tax Act, the Motor Fuel Tax Act, the Provincial Sales Tax Act or Part 7.1 of the South Coast British Columbia Transportation Authority Act. (2) Despite subsection (1) and

section 16, the company and all its subsidiaries are liable for payment of tax under the Property Transfer Tax Act. (3) Despite the exemption from tax referred to in subsection (1) and

section 16, with the approval of the Lieutenant Governor in Council and subject to any conditions specified by the Lieutenant Governor in Council, the company may make, in relation to property of the company or a subsidiary that is within an applicable area, annual grants to
(a) municipalities and other local governments with respect to their jurisdiction, and
(b) the Surveyor of Taxes with respect to a rural area. (4) Despite the exemption from tax referred to in subsection (1) and

section 16, with the approval of the Lieutenant Governor in Council and subject to any conditions specified by the Lieutenant Governor in Council, the company may make to the Surveyor of Taxes annual grants in place of school taxes in relation to property of the company or a subsidiary. (5) An annual grant under subsection (4) must be paid to the Surveyor of Taxes, whether or not the property of the company or a subsidiary is within a rural area. 7 The company may, by bylaw passed at an annual general meeting
(a) determine that meetings of the directors or the shareholders may be held at any place in British Columbia, or
(b) change the head office to any place in British Columbia.

8 (1) The company may continue the construction and operation of its line of railway in British Columbia, and other lines in British Columbia that are authorized by the Lieutenant Governor in Council. (2) Despite the agreement referred to in

section 2 (1), the common law and the provisions of this or any other enactment, including the Railway Act and the Act to Ratify an Agreement bearing Date the Tenth Day of February, 1912, between His Majesty the King and Timothy Foley, Patrick Welch, and John W. Stewart, and an Agreement bearing Date the Twenty-third Day of January, 1912, between the Grand Trunk Pacific Railway Company and the Grand Trunk Pacific Branch Lines Company and said Foley, Welch, and Stewart, the company, any subsidiary, BC Rail Partnership or any person under the control of the company, any subsidiary or BC Rail Partnership may, but need not, provide rail service over all or any part of the lines of railway referred to in subsection (1).

(3) Nothing in subsection (2) removes from a revitalization rail operator the obligation to provide rail service in accordance with the revitalization agreement. 9 The company may construct, maintain and operate a system of telegraph lines in British Columbia and transact a commercial business on them. 10 The company may construct, maintain and operate a system of telephone lines along any of its lines of railway, and transact a commercial business on them. 12 The company may own, lease, operate, manage and control steamships, steam ferries and other boats and vessels, and operate and use them in connection with its business.

13 The company may purchase, build, erect, equip, maintain, use and operate wharves, docks, slips, warehouses, elevators and storehouses and carry on a general wharfinger, elevator, warehouse and storehouse business in connection with them. 14 The company may acquire and operate coal mines in British Columbia, and acquire all necessary and convenient land in connection with them. 15 The company may acquire and dispose of stock, shares, debentures, bonds and securities of other railway companies, and of hydraulic, electric, irrigation and other companies. 16 The exemption from taxation conferred by

section 2 of the Pacific Great Eastern Railway Taxation Exemption Act, S.B.C. 1926-27, c. 52, as enacted by the Pacific Great Eastern Railway Taxation Exemption Act Amendment Act, 1929, S.B.C. 1929, c. 49, and further modified by section 6 of this Act, extends to every subsidiary, but this section does not exempt any subsidiary from liability for income tax. 17 The company may promote any other company or association of persons for any purposes which may seem, directly or indirectly, calculated to benefit the company, and for that purpose the company may
(a) obtain an Act of Parliament or of the Legislature which may seem expedient, and
(b) oppose proceedings which may seem calculated, directly or indirectly, to prejudice the company's interests.

18 The company has the power to purchase lines of constructed railway, all their branch lines, and the rights and privileges belonging to them, all in British Columbia. 19 The company may acquire by purchase or lease or make running arrangements with any railway lines in British Columbia.

21 (1) With the prior approval of the Lieutenant Governor in Council, the company may guarantee in whole or in part the payment of the principal, interest or performance of the obligations of bonds, debentures or other securities, debts or obligations of any person, if the terms of the guarantee agreement have been approved by resolution of the shareholders of the company, passed by not less than 2/3 in value of those present or represented by proxy at a special meeting called for the purpose. (2) The form and manner of guarantee must be approved by the board of directors, and the guarantee must be signed by the officers designated by the board.

(3) On signature and delivery, the company is, to the extent of the guarantee, liable to the holders for the time being of the securities, debts or obligations guaranteed. 22 (1) The company may receive, from a government or from a person bonuses, land, loans, gifts, money or securities for money to assist in the construction, equipment and maintenance of the railway. (2) The company may use, work or dispose of the bonuses, land, loans, gifts, money or securities for money except as prevented by the terms of a bonus, gift or grant. 23 The capital stock of the company is $1 billion divided into 10 million shares of $100 each.

24 (1) The directors of the company, by bylaw, may
(a) provide that any portion of the capital stock, not exceeding $600 million, be issued as preferred stock,
(b) determine the nature and character of the preference to be given to the preferred stock, and
(c) determine the rate of interest and those things necessary to enable the company to issue the portion of its capital stock as preferred stock. (2) The directors, by bylaw, may authorize the company to redeem its redeemable preferred stock despite any deficit in its shareholders' equity account. 25 The money raised by the company by borrowings or on its capital stock must be applied to the making, equipping and maintaining of the railway and other purposes of this Act.

26 (1) Annual meetings of shareholders must be held at the time and place prescribed by the bylaws of the company. (2) If no time and place is specified, or if the time for holding a meeting in any year passes without a meeting, the directors may set the time and place. 27 Special general meetings of the shareholders of the company may be held
(a) in British Columbia at the place and time, in the manner and for the purposes provided for by the bylaws of the company, and
(b) without notice if all the shareholders are present in person or by proxy.

28 In the transaction of all business at general shareholders' meetings, each shareholder has one vote, in person or by proxy, for each share of which the person is the registered holder. 29 The shares of the company
(a) must be registered in the name of and held by the BC Transportation Financing Authority, and
30 (1) A board of directors for the management of the company's business, consisting of not more than 9 members, may be appointed by the Lieutenant Governor in Council, to hold office during pleasure. (2) The directors must exercise the powers and perform the functions directed by the Lieutenant Governor in Council. 31 If any provision of

section 29 or 30 conflicts with this or another Act, the provision prevails. 32 (1) A director may appoint another director to be the director's proxy to vote at a meeting of the board. (2) In determining a quorum of directors, each director represented by proxy is deemed to be personally present. 33 (1) The board of directors may make the bylaws and rules they believe proper for any or all of the following:
(a) the management of the property of the company;
(c) the duties and conduct of the officers and employees;
(e) all matters which concern the company.

(2) The board may appoint engineers, agents and employees necessary to effect the objects of the company, and do all acts and things related to the acquisition, location, construction, maintenance and operation of the railway, telegraph and telephone lines, express, steamship, ferry and other affairs which the company is authorized to carry on.

(3) Despite subsections (1) and (2) or any other Act, if the directors establish a fund for the payment of superannuation allowances to its employees or allowances on the disability or death of employees, the following matters must not be the subject of a collective agreement between the company and its employees:
(a) the establishment and maintenance of the fund;
(b) payment of superannuation allowances or allowances on the disability or death of employees;
(c) contributions to the fund by the company and its employees;
(d) the terms and conditions on which superannuation allowances or other allowances may be payable;
33.1 Despite any other provision of this or any other enactment, the company must
(i) to the government or a government organization, within the meaning of the Budget Transparency and Accountability Act, as directed by Treasury Board, and
(ii) in the amounts and at the times directed by Treasury Board, and
(b) promptly after receiving a direction under paragraph (a), take all actions necessary to cause the company's subsidiaries to make such payments, if any, to the company as may be necessary to allow the company to comply with the direction.

34 (1) The company may expropriate, acquire, use and enjoy land, and the right of way to it if separated from the railway, and may dispose of that land or parts of it as it believes expedient if it is necessary to acquire the land for any of the following purposes:
(d) to construct, maintain or use the railway;
(e) to open a street to a station from an existing highway;
(f) any other purpose connected with the railway. (2) For the purpose of the railway. the company may use and dam the water of any stream or watercourse over or near which the railway passes, not being navigable waters.

(3) If the company uses its powers under subsection (2) it must not do any unnecessary damage and must not impair the usefulness of the stream or watercourse. (4) The arbitration provisions of the Railway Act apply if property is sought to be taken or if damage is claimed to have been done by the company under this section or

section 36. 35 The company has the power to acquire and dispose of land for any purpose of the company and for townsites, parks and pleasure grounds, and to lay out and survey that land. 36 On and after the date of deposit of a map, plan or book of reference under the Railway Act describing property that is required for a right of way, terminal, station ground or other railway purpose, and for as long as that property continues to be so required, the property is reserved from location or alienation under the Mineral Tenure Act or the Petroleum and Natural Gas Act.

37 (1) At any time during negotiations for land required by the company and in any case where, in the opinion of the minister, a delay in beginning or continuing construction of a part or extension of the railway would not be in the public interest or would cause unnecessary inconvenience or expense to the company, the minister, with the approval of the Lieutenant Governor in Council, by certificate under the minister's seal of office, may authorize the company, on or after a date to be stated in the certificate, to enter on, occupy and use any land to construct, operate and maintain any part or extension of the railway. (2) A certificate must be published without delay in one issue of the Gazette.

(3) Publication of the certificate under subsection (2) is deemed to be notice to all persons concerned. (4) Within 60 days after exercising the authority conferred by a certificate or within any further time as the Supreme Court allows, the company must take steps to expropriate or otherwise acquire the land required. (5) Within 10 days of service of the notice of expropriation or within any further time allowed by the court, the company must give security for the compensation which may be awarded and the costs of arbitration by paying into court double the amount offered by it in the notice of expropriation. (6) The money paid into court must not be less than the assessed value.

(7) The money may be paid out only by court order. (8) If any resistance or forcible opposition is made by any person to the exercise by the company of an authorization, the court must, on proof of the certificate, issue a warrant to the sheriff in the county to put down the resistance or opposition and to put the company in possession. 38 Despite any other Act, if the minister exercises the authority under

section 37 and the company complies with that section, the company, its officers, employees or contractors may enter on, occupy and use the land for the purposes required, including, by way of illustration, construction of tunnels through or under the land. 39 Sections 37 and 38 do not limit, restrict or abrogate rights and privileges held, exercised or enjoyed by the company under a contract in existence on March 15, 1955, or under any Act. 40 (1) The company may become party to promissory notes and bills of exchange for not less than $100, and without the seal of the company on the notes or bills.

(2) This section must not be interpreted as authorizing the company to issue a note or bill payable to bearer, or intended to be circulated as money, or as the note or bill of a bank. 41 (1) The company may, with the consent of the Lieutenant Governor in Council, amalgamate with another company. (2) An amalgamation may be by deed, which, however, does not have effect until approved of by 2/3 of the votes of the shareholders of each company at an annual or special general meeting of each company called for the purpose and at which shareholders representing at least 2/3 in value of the capital stock of each company are present or represented by proxy.

(3) The amalgamating companies form one company under the name set out in the deed. 42 (1) Subject to this Act and the Act of the other amalgamating company and any other legislation governing the matter, on approval of an agreement for amalgamation the companies are amalgamated and form one company under the name and on the terms and conditions provided in the agreement.

(2) The amalgamated company possesses and is vested with all the railways, undertakings and other powers, rights, privileges, franchises, assets, effects and property belonging to, possessed by or vested in the companies or to which they or either of them may be or become entitled, and is liable for all claims, demands, rights, securities, complaints, debts, obligations, works, contracts, agreements or duties to as full an extent as either of the companies was at or before amalgamation.

43 (1) If in any Act, regulation, order, contract, certificate, licence or other document made before March 30, 1972 a reference is made to the Pacific Great Eastern Railway Company, or to a director or officer of the company by any designation including the name of the company, the reference is deemed to be to the British Columbia Railway Company or to a director or officer of it. (2) Nothing in the British Columbia Railway Act, S.B.C. 1972, c. 8, affects the rights and liabilities or any debt, duty, obligation, undertaking, privilege, credit, asset, property, right of action or interest of the company acquired or given under its former name.

44 It is unnecessary for a holder of any bond, debenture, debenture stock or other security, purporting to be issued by the company, to inquire into the legality of the incorporation or organization of the company, but the issue of any bond, debenture, debenture stock or other security by or on behalf of the company is conclusive evidence in all courts and otherwise that the company has been properly incorporated and organized, and was at the time of the issue of the bond, debenture, debenture stock or other security properly authorized and empowered to issue it.

45 (1) For the purposes of this section, the Lieutenant Governor in Council may, by regulation,
(a) designate, as railway property,
(i) any real property owned or held by the government, the company, any subsidiary or BC Rail Partnership, and
(ii) any right, title or interest owned or held by the government, the company, any subsidiary or BC Rail Partnership in or to any real property,
if the Lieutenant Governor in Council considers that the real property or the right, title or interest relates to the provision of revitalization rail services, and
(b) designate as subdividable property any railway property that the Lieutenant Governor in Council considers includes more real property than is necessary for the provision of revitalization rail services.

(2) Nothing in this section prevents the Lieutenant Governor in Council from amending a regulation referred to in subsection (1) and, without limitation, the Lieutenant Governor in Council may, by regulation,
(a) correct or update any legal description or other description of
(i) any real property that is designated as railway property in the regulation,
(ii) any real property in or to which a right, title or interest is designated as railway property in the regulation, and
(iii) any right, title or interest that is designated as railway property in the regulation,
(b) designate, as railway property,
(i) any other real property owned by the government, the company, any subsidiary or BC Rail Partnership, and
(ii) any other right, title or interest owned or held by the government, the company, any subsidiary or BC Rail Partnership in or to any real property,
(c) designate as subdividable properties any railway properties, included in the regulation under subsection (1) or under paragraph (b) of this subsection, that the Lieutenant Governor in Council considers includes more real property than is necessary for the provision of revitalization rail services.

(3) Regulations referred to in subsection (2) may be made retroactive to the date on which this section comes into force or any later date that the Lieutenant Governor in Council may determine, and a regulation made retroactive is deemed to have come into force on the date specified in the regulation.

(4) Despite any enactment or law to the contrary, on the coming into force of a regulation referred to in subsection (1) or (2),
(a) real property that is designated in the regulation as railway property is, to the extent that the real property is not already owned by the company, transferred to and vested in the company subject to
(i) all liens, charges, encumbrances and tenancies that have been
(B) assumed in writing by the company or, if a subsidiary or BC Rail Partnership held title to the real property immediately before the company, that subsidiary or BC Rail Partnership, or
(C) established by a written record to which the company or, if a subsidiary or BC Rail Partnership held title to the real property immediately before the company, that subsidiary or BC Rail Partnership, is a party,
(ii) 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, and
(iii) all exceptions and reservations set out in

section 50 (1) of the Land Act, and
(b) the rights, titles and interests in or to real property that are designated in the regulation as railway properties are, to the extent that they are not already owned by the company, transferred to and vested in the company subject to all liens, charges, encumbrances and tenancies registered against the rights, titles and interests. (5) If real property or any right, title or interest in or to real property is transferred to and vested in the company under subsection (4) (a) or (b), the company may provide to the registrar of the applicable land title office a transfer in the prescribed form.

(6) On receipt of a transfer provided under subsection (5), the registrar must,
(a) if and to the extent that the transfer provides for a transfer of a fee simple interest in real property,
(i) register an indefeasible title to that real property, and
(ii) cancel any existing title to that real property, and
(b) if and to the extent that the transfer provides for a transfer of any other right, title or interest in or to real property, effect registration of the right, title or interest in or to real property in the name of the company.

(7) The registrar of a land title office to whom a transfer is provided under subsection (5) must effect the registration contemplated by subsection (6) (b) whether or not
(a) the terms of the right, title or interest prohibit the transfer without the consent of a specified person or of a person who is a member of a specified class of persons, and
(b) any consent required under paragraph (a) has been obtained.

(8) Despite any provision to the contrary in a security agreement or other agreement or record, a transfer of a railway property to the company effected under subsection (4) does not constitute a breach or contravention of, or an event of default under, the security agreement or other agreement or record and, without limiting this or subsection (9), does not entitle any person having an interest in the railway property under any security agreement or other agreement or record to claim any damages or compensation or to terminate the security agreement or other agreement or record.

(9) No compensation or payment of any kind is payable by the government, the company, any subsidiary or BC Rail Partnership and proceedings must not be commenced or maintained to claim compensation from the government, the company, any subsidiary or BC Rail Partnership or to obtain a declaration that compensation is payable by the government, the company, any subsidiary or BC Rail Partnership, whether for expropriation or for extinguishment or impairment of rights, titles or interests or otherwise, in respect of the effect of any or all of this section, sections 46 to 53 and any regulation referred to in this section or sections 46 to 53 on
(a) any of the railway properties,
(b) any right, title or interest of any person or other entity in or to any of the railway properties,
(c) any other real property that is, or any rights, titles or interests in or to real property that are, in any way affected by any or all of this section, sections 46 to 53 and any regulation referred to in this section or sections 46 to 53, including, without limitation, for any loss of value of the real property or of the right, title or interest, for any injurious affection or for any business loss, and
(d) any claims, proceedings or demands under any enactment or at law.

(10) On and after any transfer referred to in subsection (4), all uses to which the transferred railway property was being or could be put immediately before the transfer, all modifications that had, before the transfer, been made to the railway property and all things and other improvements of any type that were, immediately before the transfer, located on, in, under or over the railway property, are deemed to be wholly consistent with the local government requirements that would otherwise apply to the railway property, including, without limitation, all local government zoning bylaws. 46 (1) Subject to

section 52 (1) but despite any enactment or law to the contrary and despite any lien, charge, encumbrance, tenancy, condition, proviso, restriction, exception, reservation or right referred to in section 45 (4), after any transfer referred to in section 45 (4), the company may grant or assign one or more leases, licences, statutory rights of way or other interests in any or all of the railway properties on any terms and conditions and for any purposes it considers appropriate.

(2) Despite any provision to the contrary in a security agreement or other agreement or record, a grant or assignment of an interest referred to in subsection (1) in a railway property does not constitute a breach or contravention of, or a default under, the security agreement or other agreement or record and, without limiting this or

section 45 (9), does not entitle any person having an interest in the railway property under any security agreement or other agreement or record to claim any damages or compensation or to terminate the security agreement or other agreement or record. "rail corridor", in relation to a subdividable property, means the portion of that subdividable property that is not remainder property;
"remainder property", in relation to a subdividable property, means the portion of that subdividable property that the Lieutenant Governor in Council considers is not required for revitalization rail services. (2) The company may create a reference plan for each subdividable property showing the rail corridor on that subdividable property and may submit that reference plan to the Lieutenant Governor in Council for approval.

(3) The Lieutenant Governor in Council may, by order, approve any reference plan submitted under subsection (2), whether or not that reference plan
(a) has been approved by an approving officer, or
(b) complies with any section of the Land Title Act or its regulations, including, without limitation,

section 75 of that Act. (4) After a reference plan referred to in subsection (2) has been approved under subsection (3), the company may submit the approved plan to the registrar of the applicable land title office along with a certified copy of the approving order of the Lieutenant Governor in Council, and the registrar must register that reference plan, even though
(a) that reference plan has not been approved by an approving officer,
(b) that reference plan does not comply with any section of the Land Title Act or its regulations, including, without limitation,

section 75 of that Act and any access requirements imposed by that Act or those regulations,
(c) any person holding a charge against the subdividable property has not consented to the registration of the reference plan, or
(d) the Land Title Act or any of its regulations provides otherwise. (5) Despite the Land Title Act, on registration of a reference plan under subsection (4),
(a) the subdividable property is subdivided into the rail corridor and the remainder property,
(b) the registrar must, in accordance with the reference plan, create one or more titles for the rail corridor and one title for the remainder property,
(c) the rail corridor remains as railway property and remains subject to any grant made in respect of the subdividable property under

section 46, and
(d) the remainder property ceases to be railway property and ceases to be subject to any grant made in respect of the subdividable property under

section 46. (6) Despite any provision to the contrary in a security agreement or other agreement or record, neither the making of an order under subsection (3) nor the subdivision of a subdividable property under subsection (5) constitutes a breach or contravention of, or a default under, the security agreement or other agreement or record, including, without limitation, any revitalization agreement and, without limiting this or

section 45 (9), does not entitle any person having an interest in the subdividable property under any security agreement or other agreement or record to claim any damages or compensation or to terminate the security agreement or other agreement or record.

(7) On and after any subdivision referred to in subsection (5), all uses to which any or all of the subdividable property was being or could be put immediately before the subdivision, all modifications that had, before the subdivision, been made to the subdividable property and all things and other structures of any type that were, immediately before the subdivision, located on, in, under or over the subdividable property, are deemed to be wholly consistent with the local government requirements that would otherwise apply to the subdividable property, including, without limitation, all local government zoning bylaws. 48 (1) Subject to

section 51 (2) but despite any other enactment or law to the contrary, after real property or any right, title or interest in or to real property is designated as a railway property in a regulation referred to in section 45 (1) or (2), neither the government nor any of its employees, agents, ministers and ministries has
(a) any duty to develop, plan, design or construct anything that, under a revitalization agreement or otherwise, is to be or may be constructed on the railway property or any railbed assets,
(b) any duty to expand, extend, upgrade, remove, maintain, repair, rehabilitate or operate the railway property or any railbed assets,
(c) any duty to instruct or supervise the company or the revitalization rail operator in relation to the railway property or any railbed assets,
(d) any duty of care with respect to any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, repair, rehabilitation or operation of the railway property or any railbed assets, or with respect to any other activity in relation to the railway property or any railbed assets, that is
(i) done by any person other than the government or any employee, agent, minister or ministry of the government, or
(e) any liability arising by operation of law in relation to anything that, after the transfer, is done by a person other than the government or an employee, agent, minister or ministry of the government, or is omitted to be done, on or in relation to the railway property or any railbed assets, including, without limitation, any liability in an action based on
(iii) the rule in Rylands v. Fletcher, or
(2) Subject to

section 51 (2) but despite any other enactment or law to the contrary, no damages or compensation of any kind is payable by the government or by any employee, agent, minister or ministry of the government in respect of, and no legal proceeding for damages, compensation of any kind or any other relief lies or may be commenced or maintained against the government or any employee, agent, minister or ministry of the government in respect of, anything that, after the transfer of a railway property under section 45 (4), is done by any person other than the government or an employee, agent, minister or ministry of the government, or that is omitted to be done, on or in connection with the railway property or any railbed assets, including, without limitation, any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, repair, rehabilitation or operation of any or all of that railway property or any railbed assets.

49 (1) In this section, "closing" means the date on which one of the following takes effect:
(a) a disposition, to a person in whom the government has no direct or indirect interest, of
(i) the shares of BC Rail Ltd. that are held by the company,
(ii) the shares of BC Rail Ltd. that are held by BCR Properties Ltd., and
(iii) the company's partnership interest in BC Rail Partnership;
(b) a disposition, to a person in whom the government has no direct or indirect interest, of all or substantially all of the assets and undertaking of BC Rail Ltd. and BC Rail Partnership. (2) Subject to

section 51 (1) but despite any other enactment or law to the contrary, after the closing, the company and its directors, officers, employees and agents do not have and each subsidiary and its directors, officers, employees and agents do not have, in relation to the railway property,
(a) any duty to develop, plan, design or construct anything that, under the revitalization agreement, the revitalization rail operator or any of its successors or assigns is to construct on the railway property or any railbed assets,
(c) any duty to instruct or supervise the revitalization rail operator or any of its successors or assigns in relation to the railway property or any railbed assets, or
(d) any duty of care with respect to any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, repair, rehabilitation or operation of the railway property or any railbed assets, or with respect to any other activity in relation to the railway property or any railbed assets, that is omitted to be done or,
(i) in the case of the company and its directors, officers, employees and agents, that is done by any person other than the company or its directors, officers, employees or agents, or
(ii) in the case of a subsidiary and its directors, officers, employees and agents, that is done by any person other than the subsidiary or its directors, officers, employees or agents.

section 51 (1) but despite any other enactment or law to the contrary, after the closing,
(a) the company and its directors, officers, employees and agents do not have any liability arising by operation of law in relation to anything that, after the closing, is done by any person other than the company or a director, officer, employee or agent of the company, or is omitted to be done, on or in relation to the railway property or any railbed assets, including, without limitation, any liability in an action based on
(b) if, after the closing, anything is done or omitted to be done on or in relation to the railway property or any railbed assets, including, without limitation, any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, repair, rehabilitation or operation of any or all of that railway property or any railbed assets, no damages or compensation of any kind is payable by any of the following in respect of that act or omission, and no legal proceeding for damages, compensation of any kind or any other relief lies or may be commenced or maintained against any of the following in respect of that act or omission:
(i) the company and any director, officer, employee or agent of the company, unless the act or omission was the act or omission of the company or any director, officer, employee or agent of the company;
(ii) a subsidiary or any director, officer, employee or agent of the subsidiary, unless the act or omission was the act or omission of the subsidiary or any director, officer, employee or agent of the subsidiary.

50 (1) One or both of the government and the company may take such actions as they consider appropriate to terminate or enforce a revitalization agreement, including, without limitation, any action to terminate or enforce any or all of the interests, rights, powers, permits, approvals and authorizations transferred or taken under the revitalization agreement.

(2) Subject to subsection (3), if the government or the company fails or refuses to take any action under or in connection with a revitalization agreement, including, without limitation, any action to terminate or enforce the revitalization agreement or any or all of the interests, rights, powers, permits, approvals and authorizations transferred or granted under it, in response to any breach by the revitalization rail operator or any of its successors or assigns of any provision of this Act, the regulations, the revitalization agreement or any other agreement, no legal proceeding, whether for damages or compensation of any kind or otherwise, lies or may be commenced or maintained against the government, or any employee, agent, minister or ministry of the government, or the company, or any director, officer, employee or agent of the company, in respect of the failure or refusal.

(3) Subsection (2) does not apply to the government, or any employee, agent, minister or ministry of the government, or to the company, or any director, officer, employee or agent of the company, if the failure or refusal referred to in subsection (2) is in bad faith.

51 (1) If, in a revitalization agreement or in any other agreement entered into by the company after November 23, 2003, the company expressly agrees to be liable for any specified compensation, payment, loss, costs, expenses or damages for which the company would not otherwise be liable under this subsection and sections 45 to 50, or expressly agrees to perform any specified obligation the company would not otherwise be liable under this subsection and sections 45 to 50 to perform,
(a) the company is liable for the specified compensation, payment, loss, costs, expenses or damages, or for any compensation, payment, loss, costs, expenses or damages resulting from its failure to perform the specified obligation, as the case may be, to
(i) the person to whom it has expressly agreed to be liable or to whom it has promised to perform the specified obligation, as the case may be, and
(ii) any person to whom the person referred to in subparagraph (i) has, in accordance with the terms and conditions of the agreement, assigned some or all of the person's rights under the agreement, and
(b) the company is not liable to any other person for the specified compensation, payment, loss, costs, expenses or damages or for the performance of the specified obligation, as the case may be, whether or not that person is claiming by, through or under a person referred to in paragraph (a).

(2) If, in an agreement entered into by the government after November 23, 2003, the government expressly agrees to be liable for any specified compensation, payment, loss, costs, expenses or damages for which the government would not otherwise be liable under this subsection and sections 45 to 50,
(a) the government is liable for the specified compensation, payment, loss, costs, expenses or damages to
(i) the person to whom it has expressly agreed to be liable, and
(b) the government is not liable to any other person for the specified compensation, payment, loss, costs, expenses or damages, whether or not that person is claiming by, through or under a person referred to in paragraph (a).

52 (1) Subject to subsections (8) and (9), the company must not sell, give or otherwise transfer the fee simple interest in any railway property. (2) Without limiting any right the company, a subsidiary or BC Rail Partnership may have to dispose of shares held by it in a subsidiary and despite any enactment or law to the contrary, the company, a subsidiary or BC Rail Partnership may dispose, by sale, lease, transfer or otherwise, of any or all of the shares held by it in any subsidiary for any consideration, including, without limitation, one or more of cash, debt, securities, assets and shares of any type. (3) For the purposes of subsection (2) and

section 49 (1) (a) (i) and (ii), on the coming into force of this section,
(a) the company is deemed to hold 12 500 common shares, 154 223 Series A preferred shares, 2 500 Series B preferred shares and 1 550 Series C preferred shares of BC Rail Ltd., and
(b) BCR Properties Ltd. is deemed to hold 37 500 common shares, 462 669 Series A preferred shares, 7 500 Series B preferred shares and 4 650 Series C preferred shares of BC Rail Ltd.
(4) On the coming into force of this section, the shares referred to in subsection (3) are deemed to be
(a) all of the issued shares of BC Rail Ltd.,
(b) duly authorized and issued, and
(c) fully paid non-assessable shares owned by the company or BCR Properties Ltd., as the case may be, free of any encumbrance or any other adverse claims.

(5) Without limiting any right the company or a subsidiary may have to dispose of any interest held by it in BC Rail Partnership and despite any enactment or law to the contrary, the company or a subsidiary may dispose, by sale, lease, transfer or otherwise, of any or all of that interest for any consideration, including, without limitation, one or more of cash, debt, securities, assets and shares of any type.

(6) The company, a subsidiary or BC Rail Partnership may dispose of shares under subsection (2), and the company or a subsidiary may dispose of interests under subsection (5), despite
(a) any provision of any security agreement or other agreement or record that prohibits that disposition without the consent of a specified person or of a person who is a member of a specified class of persons, and
(b) the refusal, failure or neglect to obtain any consent required under paragraph (a). (7) A disposition under subsection (6) without the consent referred to in that subsection does not constitute a breach or contravention of, or an event of default under, a security agreement or other agreement or record referred to in that subsection, and, without limiting this or

section 45 (9), does not entitle any person under any security agreement or other agreement or record to claim any damages or compensation or to terminate the security agreement or other agreement or record. (8) The Lieutenant Governor in Council may, by regulation, designate, as surplus property, any portion of any railway property if the Lieutenant Governor in Council considers that that portion does not relate to the provision of revitalization rail services.

(9) The company may subdivide any railway property of which real property designated as surplus property under subsection (8) forms a part to create one or more separate titles for that surplus property, and, after that, may dispose of that surplus property by sale, lease or other transfer, including, without limitation, by selling, giving or otherwise transferring the fee simple interest in that surplus property, for any consideration, including, without limitation, one or more of cash, debt, securities, assets and shares of any type. (10) The company may dispose of any remainder property, within the meaning of

section 47, by sale, lease or other transfer, including, without limitation, by selling, giving or otherwise transferring the fee simple interest in that remainder property, for any consideration, including, without limitation, one or more of cash, debt, securities, assets and shares of any type. 53 Subject to

section 52 (1), the company may, as part of any revitalization agreement or of any disposition referred to in section 52, do any of the following:
(a) sell the undertaking or any part of the railway of the company without seeking or obtaining the permission of the minister under

section 29 (1) (d) of the Railway Act;
(b) dispose of any land or property of the company without seeking or obtaining the permission or approval of the minister under

section 30 (c) of the Railway Act;
(c) dispose of or otherwise deal with all or any part of the company's undertaking, railway, property and assets without seeking or obtaining the permission or approval of the minister under

section 31 (d) of the Railway Act;
(d) enter into an agreement to sell, convey or lease the railway and undertaking of the company, or to amalgamate with a company, as that term is defined in the Railway Act, without seeking or obtaining the minister's approval of the agreement under

section 258 (3) of the Railway Act;
(e) give any guarantee contemplated by

section 21 of this Act without seeking or obtaining the approval of the Lieutenant Governor in Council under that section;
(f) charge, pledge, deposit or otherwise deal with any securities as collateral security without seeking or obtaining the approval of the Lieutenant Governor in Council under

section 7 of the British Columbia Railway Finance Act;
(g) give any guarantee or indemnity without seeking or obtaining any approval or assurance referred to in

section 1.1 or 2 (2) of the Guarantees and Indemnities Regulation, B.C. Reg. 258/87. Copyright © King's Printer, Victoria, British Columbia, Canada

section 12, to be contributed by the commission;
"local transit service area" means the local transit service area established under

section 25;
"municipality" includes a regional district or part of a regional district;
"net taxable value", in relation to land and improvements within the treaty lands of a treaty first nation or Nisg̱a'a Lands, means the net taxable value of the land and improvements within the treaty lands or Nisg̱a'a Lands determined for regional hospital district purposes as if the Assessment Act, the Hospital District Act and the Taxation (Rural Area) Act apply for the purposes of the assessment and taxation of those lands and improvements;
"operating agreement" means an agreement, made between the authority and a person designated by the minister, respecting the operation by that person of a public passenger transportation system;
"public passenger transportation system" means a public system for the transportation of passengers by any means that is operated in one or both of a municipality and a regional transit service area
(a) under an annual operating agreement,
(b) under an operating agreement, or
and includes a rail transit system, a custom transit service and a commuter rail service;
"rail transit system" means a public system for transportation of passengers and goods by railway;
"regional transit service area" means a regional transit service area established under

"transit service agreement" means an agreement for not less than 5 years between the authority and a municipality, or between the authority and a regional district, respecting the provision and maintenance of transit services in a transit service area by means of annual operating agreements;
"transit services" means those services and facilities necessary for the establishment, maintenance and operation of a public passenger transportation system. (2) If the Lieutenant Governor in Council considers that a rail transit system has begun service and is producing revenue, the Lieutenant Governor in Council may, on the recommendation of the authority, order that on a date the Lieutenant Governor in Council specifies, the rail transit system is a public passenger transportation system for all purposes under this Act.

2 (1) British Columbia Transit is continued as a corporation, consisting of the persons referred to in

section 4. (2) The Business Corporations Act does not apply to the authority, but the Lieutenant Governor in Council may order that one or more provisions of that Act apply to the authority. (3) The minister must determine the location of the head office of the authority. (4) The authority must hold its annual meeting not later than May 30 in each year.

3 (1) The purposes and objects of the authority are
(a) to plan, acquire, construct or cause to be constructed public passenger transportation systems and rail transit systems that support regional growth strategies, official community plans and the economic development of the transit service areas,
(b) to provide for the maintenance and operation of those systems, and
(c) with the approval of the minister, to pursue commercial opportunities and undertake or enter into commercial ventures in respect of those systems and the authority's assets and resources. (2) To carry out its purposes and objects, the authority must do the following:
(a) in accordance with

section 25, establish and designate local and regional transit service areas;
(b) in accordance with

section 25, establish local and regional transit commissions;
(c) consult with a municipality in a local transit service area with a view to providing transit services;
(d) establish annual operating budgets and capital budgets for each public passenger transportation system and rail transit system under this Act after consultation with the local and regional transit commissions, municipalities and regional districts affected by the public passenger transportation system or rail transit system;
(e) review all annual operating agreements to ensure that they are consistent with the approved budgets and with the general policy of the authority;
(f) for each regional transit service area, provide the transit services and maintain and operate the public passenger transportation system and rail transit system consistent with the approved budgets and with the general policy of the authority;
(g) recommend to the Lieutenant Governor in Council the formulas by which a municipality or regional transit commission may exercise the powers under sections 14 (1) (b) and 15 (2) (b) or (c).

4 (1) The board of directors consists of directors appointed by the Lieutenant Governor in Council to hold office during pleasure, and the Lieutenant Governor in Council must appoint, as directors,
(a) 2 individuals who are members of the regional transit commission for the greater Victoria metropolitan area established under

section 25,
(b) 2 individuals each of whom is
(i) a mayor of a municipality that has a transit service agreement, or
(ii) a chair of a regional district that has a transit service agreement, and
(1.1) No act or proceeding of the directors is invalid merely because of there being in office less than the number of directors required by this section. (2) The Lieutenant Governor in Council must appoint from among the directors a chair of the board to hold office during pleasure and must fix the salary to be paid to the chair. (3) The directors must appoint a chief executive officer of the authority and must establish the terms and conditions of the chief executive officer's employment.

(4) The directors must supervise the management of the affairs of the authority and may, unless otherwise provided in this Act, by resolution
(a) establish a plan of organization to carry out the powers of the authority,
(b) exercise the powers and duties of the authority under this Act,
(c) exercise the powers and duties conferred on them by this Act,
(d) delegate the exercise of a power of the authority to a person employed by the authority,
(e) establish rules for the conduct of their affairs and of any committee of directors, and
(f) appoint from their number committees and delegate to those committees any of the powers of the directors, except the powers of delegation and appointment given by paragraph (d) and this paragraph.

(5) A director must be reimbursed by the authority for reasonable travelling and out of pocket expenses necessarily incurred by the director in the discharge of the director's duties, and may be paid a director's fee in an amount approved by the Lieutenant Governor in Council. 5 (1) The chief executive officer may employ or retain persons necessary for the business and operations of the authority and for the functioning of the board, may define their duties and, subject to the regulations, may determine their remuneration. (2) The Public Service Act and the Public Service Labour Relations Act do not apply to the authority or to its officers and employees. (3) The Public Service Benefit Plan Act applies to the authority and to its officers and employees.

(4) Subject to subsection (5), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the authority and to the officers and employees of the authority. (5) The amounts payable by the authority as the employer's contribution under the Public Service Pension Plan must be reduced by the amounts determined by the trustee of the pension fund under that plan to have been paid by the authority to the British Columbia Hydro and Power Authority Pension Plan under the agreement entered into under

section 7 (3) of the Metro Transit Operating Company Act, R.S.B.C. 1979, c. 257, as reimbursement for the cost of increases in the pension benefits received under that Plan. 6 (1) Every collective agreement between the authority and a trade union is deemed to provide that it is the function of the authority, subject to the provisions of the collective agreement, to manage the authority's affairs. (2) For the purpose of subsection (1), "manage the authority's affairs" includes, without limitation, the right to determine
(a) the employment, complement and organization of employees necessary to carry on the business and operations of the authority, and
(b) the work methods and procedures applicable in the provision of transit services.

7 For the purposes of the Labour Relations Code, the authority must not be treated as one employer with any corporation, individual, firm, syndicate or association with whom it contracts for the provision of transit services under this Act.

8 (1) The authority has the capacity and, subject to this Act, the rights, powers and privileges of a natural person necessary to carry out its purposes and objects, and, without limiting the generality of this, the authority
(a) may plan, acquire, construct or cause to be constructed, maintain and operate public passenger transportation systems and rail transit systems,
(b) may acquire and dispose of property,
(c) may enter into contracts necessary for the purposes of this Act,
(d) may exercise within a municipality in or through which a rail transit system is planned, acquired, constructed or caused to be constructed, maintained or operated all the powers that a municipality authorized to lay out, construct and maintain highways may exercise in carrying out that authorization,
(e) has, for the purposes of planning, acquiring, constructing, causing to be constructed, maintaining and operating a rail transit system on a highway in a municipality,
(i) all the rights, powers and advantages conferred by any enactment on that municipality with respect to that highway, and
(ii) the right to enjoy and exercise any right of way, easement or licence owned, enjoyed or exercised by that municipality in connection with or for the purposes of its operation of that highway,
and the authority may exercise those rights, powers and advantages and enjoy and exercise that right of way, easement or licence in the same manner and to the same extent as the municipality might have done if the highway or part of the highway had not become part of a rail transit system,
(f) may determine the date on which a rail transit system or any part of a rail transit system has begun service, and
(g) may set the annual operating budgets and capital budgets for each public passenger transportation system under this Act, including the budgets for each local and regional transit commission, after consultation with the local and regional transit commissions, municipalities and regional districts affected by the public passenger transportation system.

(2) Despite the Community Charter, the Local Government Act or the Vancouver Charter, a municipality may, by bylaw, without the approval of the electors or the assent of the electors, enter into an agreement with the authority necessary for the purposes of this Act. (3) If a municipality fails or refuses to enter into an agreement that the authority considers necessary for the purposes of this Act, the Lieutenant Governor in Council may, on the recommendation of the authority, establish the contents of the agreement and order that it be binding on the parties named in it. (4) Despite any other Act, on the making of an order under subsection (3), the persons named in it as parties are bound by the agreement.

(5) The Lieutenant Governor in Council may, on the recommendation of the authority, order a regional district to undertake, vary or terminate a transit function, and, despite the Local Government Act, grant to or limit or impose conditions on the objects, functions, obligations, powers and duties of a regional district to the extent considered necessary to implement the order. (7) Despite any other Act,

section 33 of the Community Charter, section 292 of the Local Government Act and section 541 of the Vancouver Charter do not apply in respect of land affected by the planning, acquisition, construction, maintenance or operation of a rail transit system under this Act or in respect of the exercise of any power of a municipality that in any way relates to the rail transit system. (8) Despite any other Act, the authority and a municipality may enter into agreements with each other and the government of Canada for the purposes of this Act.

(9) Despite any provision of this Act or any other enactment, the authority may own, acquire and dispose of property that is located in, or is being employed in, the transportation service region as defined in the South Coast British Columbia Transportation Authority Act. 9 Subject to the Expropriation Act, the authority may expropriate any land that the authority considers necessary for its purposes. 10 (1) The government may, out of money appropriated by the Legislature for the purpose, grant to the authority on terms and conditions it considers appropriate the amounts required to enable the authority to carry out its powers under this Act.

(2) The government may dispose of to the authority or to a corporation carrying on the business of a public passenger transportation system that part of the government's property relating to a public passenger transportation system that the government considers appropriate. 11 (1) If a public passenger transportation system is operated in a municipality under an annual operating agreement, the authority and the municipality must, if required by the Lieutenant Governor in Council, contribute, as prescribed, a portion of the annual cost of providing the transit services under the annual operating agreement.

(2) For the purposes of this section, the Lieutenant Governor in Council may prescribe
(a) classes of expenses, including the annual operating costs of the authority and including the amounts required to amortize capital expenditures under the transit service agreement between the authority and the municipality, that must be taken into account in determining the annual cost of the public passenger transportation system referred to in subsection (1), and
(b) the portions of the annual cost to be contributed by the authority and the municipality under subsection (1) and, for that purpose, may prescribe that the authority or the municipality must pay none or all or different portions of the prescribed classes of expenses.

12 (1) If a public passenger transportation system is operated in a regional transit service area, the authority and the regional transit commission must, if required by the Lieutenant Governor in Council, contribute, as prescribed, a portion of the annual cost of providing the transit services in the area.

(a) classes of expenses, including the annual operating costs of the authority and including the amounts required to amortize capital expenditures, that must be taken into account in determining the annual cost of the public passenger transportation system referred to in subsection (1), and
(b) the portions of the annual cost to be contributed by the authority and the regional transit commission under subsection (1) and, for that purpose, may prescribe that the authority or the commission must pay none or all or different portions of the prescribed classes of expenses.

13 (1) If a commuter rail service is operated in part in a municipality and in part in a regional transit service area, the authority, the municipality and the regional transit commission must, if required by the Lieutenant Governor in Council, contribute, as prescribed, a portion of the annual cost of providing that commuter rail service.

(a) classes of expenses that must be taken into account in determining the annual cost of the commuter rail service referred to in subsection (1), and
(b) the portions of the annual cost to be contributed by the authority, the municipality and the regional transit commission under subsection (1) and, for that purpose, may prescribe that the authority, the municipality or the commission must pay none or all or different portions of the prescribed classes of expenses.

(3) The Lieutenant Governor in Council may, in respect of a commuter rail service referred to in subsection (1), make regulations as follows:
(a) establishing service and performance standards for that service;
(b) prescribing the fares that are to be charged to users of that service. (4) An operating agreement respecting a commuter rail service must include provisions
(a) establishing service and performance standards for that service, and
(b) establishing the fares that are to be charged to users of that service. (5) An operating agreement referred to in subsection (4) becomes effective when approved by regulation of the Lieutenant Governor in Council. 14 (0.1) This section does not apply in relation to the treaty lands of a treaty first nation or Nisg̱a'a Lands.

section 11 or 13 to contribute a prescribed portion of the annual cost of operating a public passenger transportation system, the municipality must
(a) impose a tax, sufficient to meet the portion to be contributed by it based on the estimated annual cost less the estimated annual revenue from the public passenger transportation system accruing to the municipality, on the net taxable value of land and improvements in the local transit service area covered by the annual operating agreement, other than land and improvements that are taxable for school purposes only by special Act, or
(b) if the government has, on the recommendation of the municipality or otherwise, amended the Motor Fuel Tax Act to provide a tax under that Act for the raising of revenue for municipal purposes under this Act, with the approval of the Lieutenant Governor in Council,
(i) impose the tax under paragraph (a) of this subsection, or
(ii) dispense with the tax under paragraph (a), or impose a lesser tax than that required under paragraph (a), and apply to the Lieutenant Governor in Council to raise the balance of the prescribed portion in accordance with the tax available under the Motor Fuel Tax Act.

(2) The tax imposed under subsection (1) (a) or (b) must be equal to the net taxable value of land and improvements subject to the tax multiplied by the applicable rate that the municipality may impose, and

section 18 and the regulations made under that section apply to the imposition of the rates under this section. (3) The definitions of "land" and "improvements" in the Assessment Act apply. (4) A bylaw may not be adopted under this section after March 31 in any year without the approval of the Lieutenant Governor in Council. "commission contribution amount" means, in respect of a regional transit commission that is required under

section 12 or 13 to contribute a portion of the annual cost of a public passenger transportation system, the portion to be contributed by the commission based on the estimated annual cost less the estimated annual revenue accruing to the commission from the public passenger transportation system;
"improvements" means improvements as defined in the Assessment Act;
"land" means land as defined in the Assessment Act. (2) If a regional transit commission is required under

section 12 or 13 to contribute a portion of the annual cost of a public passenger transportation system, the commission must do one of the following:
(a) prescribe, by regulation, a tax on the net taxable value of land and improvements in the regional transit service area, other than land and improvements that are taxable for school purposes only by special Act, which tax is sufficient to generate the commission contribution amount;
(b) prescribe, by regulation, a lesser tax than that required under paragraph (a) of this subsection and raise the balance of the commission contribution amount in accordance with

section 12.1 of the Motor Fuel Tax Act;
(c) dispense with the tax under paragraph (a) of this subsection and raise the commission contribution amount in accordance with

section 12.1 of the Motor Fuel Tax Act. (2.1) Despite subsection (2), a regional transit commission may, under that subsection, raise more or less than the commission contribution amount in a fiscal year if
(a) any amount raised in that fiscal year that is in excess of the commission contribution amount is deposited in the fund created under subsection (2.2), or
(b) any shortfall that results from raising less than the commission contribution amount in that fiscal year is, subject to subsection (2.3), covered from that fund. (2.2) A regional transit commission may establish and retain a fund for the purposes of this section.

(2.3) A regional transit commission must ensure that any fund created by it under subsection (2.2) does not have a negative balance at the end of any fiscal year. (3) The tax prescribed under subsection (2) (a) or (b) must be equal to the net taxable value of the land and improvements subject to the tax multiplied by the applicable rate that the regional transit commission may prescribe, and

section 18 and the regulations made under that section apply to the prescribing of the rates under this section.

(3.1) Despite subsection (2), if a regional transit service area includes the treaty lands of a treaty first nation or Nisg̱a'a Lands and the regional transit commission prescribes a tax under that subsection for a taxation year, the commission, instead of prescribing a tax to be collected in relation to land and improvements within the treaty lands or Nisg̱a'a Lands, must do the following, as applicable:
(a) apply the applicable tax rate prescribed under subsection (3) to the net taxable value of the land and improvements within the treaty lands to determine the amount that would have been prescribed in relation to the land and improvements if a tax were prescribed in relation to those lands and improvements;
(b) apply the applicable tax rate prescribed under subsection (3) to the net taxable value of the land and improvements within Nisg̱a'a Lands to determine the amount that would have been prescribed in relation to the land and improvements if a tax were prescribed in relation to those lands and improvements.

(4) A regulation may not be made under this section after March 31 in any year without the approval of the Lieutenant Governor in Council.

(5) On or before May 1 in each year, the regional transit commission must
(a) send to the collector in each municipality and to the Surveyor of Taxes a notice setting out the following:
(i) the boundaries of the regional transit service area;
(ii) the amount to be raised by taxation under this section in the appropriate municipality or rural area;
(iii) the rates prescribed by the regional transit commission under subsection (3),
(b) if the regional transit service area includes treaty lands of a treaty first nation, send to the treaty first nation a requisition for the amount determined for the treaty first nation under subsection (3.1) (a) and a notice setting out the following:
(ii) the rates prescribed by the regional transit commission under subsection (3), and
(c) if the regional transit service area includes Nisg̱a'a Lands, send to the Nisg̱a'a Nation a requisition for the amount determined for the Nisg̱a'a Nation under subsection (3.1) (b) and a notice setting out the following:
(ii) the rates prescribed by the regional transit commission under subsection (3).

(6) The British Columbia Assessment Authority must, at the direction of the regional transit commission, certify and send to the regional transit commission and the authority the net taxable values of land and improvements, for the current year, in respect of which tax may be prescribed under subsection (2) or an amount determined under subsection (3.1), as applicable, for
(a) each municipality or rural area located in the regional transit service area,
(b) treaty lands of each treaty first nation located in the regional transit service area, and
(c) land within Nisg̱a'a Lands located in the regional transit service area. 16 (1) The municipality or the Surveyor of Taxes, as the case may be, must collect the taxes under

section 15 in a municipality or rural area, as the case may be, if the taxes were prescribed by a regional transit commission under that section. (2) In each year in which a regional transit commission prescribes taxes under

section 15, the municipality or the Surveyor of Taxes, as the case may be, must pay to the authority
(a) instalments as prescribed in the regulations, and
(b) by December 31 of the year that the taxes were prescribed, all of the taxes prescribed under

section 15, whether or not they have been collected. (3) In addition to any money payable to the authority under subsection (2), if in any year (the "grant year") a grant in place of taxes for land and improvements in a municipality or rural area in the regional transit service area is received by the collector of the municipality or by the Surveyor of Taxes from
(a) the government of Canada under the Payments in Lieu of Taxes Act (Canada),
(b) a corporation included in Schedule III or IV of the Payments in Lieu of Taxes Act (Canada), or
(c) a public body as defined in

section 1 of the Financial Administration Act,
the municipality or the Surveyor of Taxes, as the case may be, must pay to the authority, on or before February 1 in the following year, the amount determined by the following formula:
17.1 (1) For the purposes of determining the rates under

section 15 (3) and the amount of a requisition referred to in section 15 (5) (b), the following property within the treaty lands of a treaty first nation must, subject to this section, be treated as if it were exempt:
(a) property of a treaty first nation member or treaty first nation constituent, as applicable under the treaty first nation's final agreement, that is exempt under the law of the treaty first nation from property taxation by the treaty first nation;
(b) property that is exempt under the treaty first nation's final agreement from property taxation;
(c) property that is exempt under a tax treatment agreement of the treaty first nation from property taxation under this Act;
(d) property that would be exempt under Division 6 of Part 7 of the Community Charter from property taxation if that Division applied;
(i) would be permitted to be exempt under Division 7 of Part 7 of the Community Charter from property taxation if that Division applied, and
(ii) is exempt under a law of the treaty first nation made under Part 2 of the Treaty First Nation Property Taxation Enabling Act from property taxation.

section 15 (3) and the amount of a requisition referred to in section 15 (5) (c), the following property within Nisg̱a'a Lands must be treated as if it were exempt:
(a) property of a Nisg̱a'a citizen that is exempt under Nisg̱a'a laws from property taxation by the Nisg̱a'a Lisims Government;
(b) property that is exempt under the Nisg̱a'a Final Agreement from property taxation;
(c) property that, under the Taxation Agreement as defined in

section 6.1 of the Nisg̱a'a Final Agreement Act, is exempt from property taxation under this Act;
(ii) is exempt under a Nisg̱a'a law made under Part 3 of the Nisg̱a'a Final Agreement Act from property taxation. "property class" means a class of property prescribed by the Lieutenant Governor in Council under

section 19 of the Assessment Act;
"variable tax rate system" means a system under which individual tax rates are determined and imposed for each property class. (2) If the council of a municipality imposes a tax under

section 14 or if a regional transit commission prescribes a tax under section 15 (2), the council or regional transit commission must adopt a variable tax rate system. (3) The Lieutenant Governor in Council may, in respect of the variable tax rate system, make regulations
(a) prescribing limits on tax rates,
(b) prescribing relationships between tax rates,
(c) prescribing formulas for calculating the limits or relationships referred to in paragraphs (a) and (b),
(d) allowing the minister under prescribed circumstances to vary, by order, the limits, relationships or formulas established under paragraph (a), (b) or (c), and
(e) establishing regions within which different limits, relationships or formulas may be prescribed.

19 (1) Subject to this Act and the Assessment Act, all of the provisions of the Community Charter, the Local Government Act and the Taxation (Rural Area) Act apply to the following in the same manner as taxes imposed under those Acts:
(a) the assessment, levy, collection and recovery of taxes imposed or prescribed under either of sections 14 and 15 of this Act in a municipality or rural area, as the case may be;
(b) the addition of penalties and interest on the taxes that are in arrears or are delinquent.

(2) The collector of each municipality or the Surveyor of Taxes, as the case may be, must prepare and mail a notice, setting out the tax payable, to each person named on the real property tax roll or assessment roll who is liable as the assessed owner for taxes under either of sections 14 and 15. (3) A notice under subsection (2) must form part of the taxation notice for raising money for other purposes, and a separate notice must not be prepared and rendered solely in respect of taxes under this Act. (4) A notice referred to in subsection (2) must set out a total amount of taxes levied under this Act in respect of each property on which they have been levied.

(5) Each taxation notice must conform with any applicable specifications prescribed under the Community Charter, the Local Government Act or the Taxation (Rural Area) Act and must provide the details and particulars of the taxes as required under those Acts. (5.1) Despite subsection (2), the collector of each municipality or the Surveyor of Taxes, as the case may be, may provide a notice to a taxpayer other than by mail, in accordance with any applicable legislation. (6) Sections 130, 131, 131.01 and 132 of the School Act apply for assessment and taxation under this Act.

22 A municipality may, by bylaw, borrow money for the purpose of meeting its obligations under this Act for capital expenditures in respect of public passenger transportation services in the municipality in accordance with the Community Charter or the Local Government Act, as applicable. 23 (1) The authority must establish and maintain an accounting system satisfactory to the minister, and must, whenever required by the minister, render detailed accounts of the authority's revenues and expenditures for the period or to the day the minister may designate. (2) All records of account and other financial records must at all times be open for inspection by the minister or other person the minister may designate.

(3) The Minister of Finance may direct the Auditor General to examine and report to the Treasury Board on any or all of the financial and accounting operations of the authority. (4) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the authority, the authority must appoint, with the approval of the Lieutenant Governor in Council, an auditor to audit the accounts of the authority at least once each year. (4.1) The costs of the audit referred to in subsection (4) must be paid by the authority.

(5) As soon as possible, but within 90 days after the end of the fiscal year of the authority, the authority must prepare for the minister, in the form required by the minister,
(a) an annual report of the authority on its operations for the preceding fiscal year, and
(b) a financial statement showing the assets and liabilities of the authority and of a corporation incorporated or acquired as provided under this Act at the end of the preceding fiscal year. (6) The report and financial statement referred to in subsection (5) must be laid before the Legislative Assembly within 15 days after its receipt by the minister if the Legislative Assembly is then sitting, otherwise within 15 days after the beginning of the next following sitting.

(7) The Financial Information Act applies to the authority. 24 (1) All funds, including borrowings, income and revenue that come into the hands of the authority, whether as agent, trustee, owner or otherwise, form one fund out of which the authority must pay all expenditures necessary for its purposes, and the authority must account for the fund and all payments out of the fund in its annual report. (2) The authority may invest or lend some or all of the funds not otherwise required for the purposes of the authority in investments or loans authorized by the Lieutenant Governor in Council.

25 (1) For the purposes of this Act, the authority may establish local and regional transit service areas that it considers necessary, each of which may contain all of, part of or more than one regional district. (1.1) The authority may enter into transit service agreements with municipalities or regional districts for the establishment of public passenger transportation systems within a transit service area. (1.2) If the authority has not established a transit commission under subsection (2) for a particular transit service area, a municipality or regional district, as the case may be, in that transit service area must review and make recommendations to the authority respecting the annual operating and capital budgets for each public passenger transportation system in that transit service area.

(2) The authority may establish local and regional transit commissions to represent transit service areas designated by the authority, and must provide clerical and technical employees necessary to enable a commission to carry out its purposes and objects. (3) A local transit commission consists of not fewer than 5 members appointed by the Lieutenant Governor in Council from among persons holding elected office on a municipal council or regional district board. (4) A regional transit commission consists of not fewer than 7 members appointed by the Lieutenant Governor in Council from among persons holding elected office on a municipal council or regional district board. (5) The minister must designate the chair of each regional transit commission.

(7) The following persons must be appointed under subsection (4) as members of the regional transit commission for the greater Victoria metropolitan area:
(c) the Mayor of Esquimalt or Oak Bay;
(ii) the Mayor of North Saanich;
(iii) the Mayor of Central Saanich;
(iii) the Mayor of View Royal;
(v) the Mayor of the Highlands;
(vii) the electoral area director of the Juan de Fuca electoral area. (8) Each member must be appointed during pleasure. (9) If a person appointed under this section ceases to hold elected office on a municipal council or regional district board, the person's appointment under this section is terminated.

(10) Each member must be reimbursed by the authority for reasonable travelling and out of pocket expenses necessarily incurred by the member in discharging the member's duties, and may be paid a fee in an amount approved by the Lieutenant Governor in Council.

(11) A local transit commission must
(a) prepare plans and, consistent with operating and capital budgets set by the authority, determine service and performance standards for each public passenger transportation system in the transit service area for which it is designated in consultation with municipal officials, operators of public passenger transportation systems and the public in the local transit service area,
(b) review and make recommendations to the authority respecting the budget of the commission, the annual operating and capital budgets for and the annual operating agreements of each public passenger transportation system in the designated transit service area, and
(c) monitor the service provided by each public passenger transportation system in the local transit service area and report and make recommendations to the authority with respect to the standards of service and the performance of each public passenger transportation system.

(12) A regional transit commission must
(a) prepare plans and, consistent with the operating and capital budgets set by the authority, set fares and determine service and performance standards for each public passenger transportation system in the regional transit service area for which it is designated in consultation with municipal officials and the public in the regional transit service area,
(b) review and make recommendations to the authority respecting the budget of the commission and the annual operating and capital budgets for each public passenger transportation system in the designated regional transit service area, and
(c) exercise its powers and perform its duties under

section 15. 26 (1) The Lieutenant Governor in Council may exempt any corporation owned, directly or indirectly, by the government, in relation to its construction or acquisition of a rail transit system or its operation of a public passenger transportation system, from
(a) taxation and payment of fees under the Community Charter, the Local Government Act, the Greater Vancouver Sewerage and Drainage District Act or the Vancouver Charter, except with respect to the taxation of real property, or
(b) provisions of the Passenger Transportation Act respecting the imposition of fees and requirements to be licensed.

(2) Despite subsection (1), the Lieutenant Governor in Council may exempt a person the Lieutenant Governor in Council specifies from liability, under the Assessment Authority Act, the School Act, the Police Act, the South Coast British Columbia Transportation Authority Act, the Hospital District Act, the Municipal Finance Authority Act, the Community Charter, the Local Government Act, the Vancouver Charter and this Act, to taxation of land and improvements that the Lieutenant Governor in Council designates as owned or used by that person for the purpose of the construction, acquisition or operation of a commuter rail service or the Advanced Light Rapid Transit system.

27 With the prior approval of the Lieutenant Governor in Council, the Minister of Finance may, without an appropriation other than this section, lend money to the authority from the consolidated revenue fund on the terms and conditions and on the security the Lieutenant Governor in Council requires.

28 (1) Subject to the approval of the Lieutenant Governor in Council, the authority, for the purpose of carrying out any of the objects or powers referred to in this Act or for the exercise of any power, right, function or duty conferred or imposed on it under this or any other Act, may borrow the sums of money it considers necessary or advisable and may, through the Minister of Finance, issue notes, bonds, debentures and other securities bearing interest at the rates and payable as to principal and interest in the currencies, at the places, at the times and in the manner the Lieutenant Governor in Council determines.

(2) The board of directors may, by resolution, delegate any of their powers or the powers of the authority under this section to any director or officer of the authority. (3) A resolution under this section approved by the required number of directors by telex, telegraph, electronic mail, telephone or any other similar means of communication confirmed in writing or other graphic communication, is as valid as if it had been passed at a meeting of the directors properly called and constituted. (4) The securities of the authority may be made redeemable in advance of maturity at the times and at the prices the Lieutenant Governor in Council determines at the time the securities are issued.

(5) A recital or a declaration in a resolution of the authority authorizing the issue of securities, to the effect that the issue of the securities authorized under subsection (1) is being made for the purposes of the authority and that the amount is necessary to realize the net sum required for those purposes, is conclusive evidence of the fact. (6) Subject to the approval of the Lieutenant Governor in Council, the authority, on terms considered necessary or advisable, may do any of the following:
(a) dispose of the securities of the authority, either at par value or at less or more than par value;
(b) charge, pledge, hypothecate, deposit or otherwise deal with the securities as collateral security.

(7) The securities of the authority must be in the form determined by the board of directors, subject to the approval of the Minister of Finance. (8) The securities, other than notes, must bear the seal of the authority and, together with any coupons attached, must bear the signatures in writing of
(a) the chair and another director or officer, or
(b) other directors or officers as the authority may determine. (9) The board may provide that the seal of the authority may be engraved, lithographed, printed or otherwise mechanically reproduced on any security to which it is to be affixed.

(10) The seal of the authority when so mechanically reproduced has the same effect as if manually affixed, and the mechanically reproduced signature is for all purposes valid and binding on the authority, even though the person whose signature is so reproduced has ceased to hold office before the date of the security or before its issue. (11) The Minister of Finance is the fiscal agent of the authority and may arrange all details and do, transact and execute all deeds, matters and things that are required during the negotiation of a loan or for the purpose of placing a loan. (12) Money raised under this section must be paid by the authority into the fund referred to in

section 24. 29 (1) The government may, on terms the Lieutenant Governor in Council approves, guarantee the payment of principal and interest on, and the performance of an obligation to pay money under, the securities issued by the authority. (2) The Lieutenant Governor in Council may authorize the Minister of Finance, or an officer of the Ministry of Finance, to sign the guarantee on behalf of the government. (3) The signature of a person authorized under subsection (2) on a guarantee is conclusive proof that this section has been complied with.

(4) The guarantee, in the form the Lieutenant Governor in Council approves, may be endorsed on the securities issued by the authority and the signature of the person authorized to sign the guarantee may be reproduced by engraving, lithographing, printing or other means.

(5) The reproduced signature of a person referred to in subsection (4) is deemed, for all purposes, to be the signature of that person and is binding on the government even though
(a) the person whose signature is reproduced did not hold office at the date of the securities or at the date of their delivery, or
(b) the person who holds office at the date the signature is affixed is not the person who holds that office at the date of the securities or at the date of their delivery. (6) Money required to be paid by the government under a guarantee given under this section must be paid out of the consolidated revenue fund without an appropriation other than this Act.

30 (1) The government may, on terms approved by the Lieutenant Governor in Council, guarantee payments of the authority under a lease made by or to the authority. (2) The Lieutenant Governor in Council may authorize the Minister of Finance, or an officer of the Ministry of Finance to sign the guarantee on behalf of the government. (3) The signature of a person authorized under subsection (2) on a guarantee is conclusive proof that this section has been complied with. (4) Money required to be paid by the government under a guarantee given under this section must be paid out of the consolidated revenue fund without an appropriation other than this Act.

31 The amount of money lent to or borrowed by the authority or guaranteed by the government under this Act must not exceed $0.5 billion in total. 32 (1) The Lieutenant Governor in Council may make regulations referred to in

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) for the safety, good order and convenience of the public in the operation, use and control of any property by the authority in respect of a public passenger transportation system or rail transit system;
(b) limiting and prohibiting access by any person to property occupied by the authority, or to any public passenger transportation system or rail transit system;
(c) designating transit tariff zones for any public passenger transportation system or rail transit system and the levying and collecting of tariffs or fares from persons using any of those systems;
(d) limiting and prohibiting the carriage of goods or animals on any public passenger transportation system or rail transit system;
(e) respecting the employment and conduct of the officers and employees of the authority;
(f) respecting the management of the affairs of the authority and any local or regional transit commission.

33 (1) A provision of a bylaw adopted for any of the purposes of this Act by the City of Colwood or by the District of Metchosin may be made retroactive to a date approved by the minister responsible for the administration of the Community Charter, and if it is made retroactive, it is deemed to have come into force on that date. (2) The minister responsible for the administration of the Community Charter may not, under subsection (1), approve a retroactive date for a provision of a bylaw that is earlier than the date on which the municipality adopting the bylaw was incorporated. Copyright © King's Printer, Victoria, British Columbia, Canada

section 2.1 in relation to a claim category;
"case management" means the part of a tribunal proceeding for a dispute that is conducted under Part 4 [Case Management Phase];
"case manager" means a tribunal member or other tribunal officer assigned responsibility in relation to Part 4 [Case Management Phase];
"chair" means the chair of the tribunal appointed under

section 67 [tribunal chair];
"child" means a person who is under 19 years of age;
"claim" includes any matter that may be resolved by the tribunal;
"claim category" means a category of claims referred to in

section 2.1;
"consent resolution order" means an order of the tribunal under
(a)

section 26 [consent resolution orders if parties resolve issues or claims by agreement — case management phase], or
(b)

section 41 [consent resolution orders if parties resolve issues or claims by agreement — tribunal hearing phase];
"constitutional question" means any question that requires notice to be given under

section 8 [Attorney General to be given notice of certain constitutional questions] of the Constitutional Question Act;
"continue" includes the continuation or the transfer, as the case may be, of a claim in a court;
"cooperative association claim" means a claim over which the tribunal has jurisdiction under Division 5 [Cooperative Association Claims] of Part 10;
"court" means the Supreme Court or Provincial Court having jurisdiction;
"default" includes the following circumstances:
(a) if a party fails to comply with

section 36 [referral to tribunal for non-compliance] or section 52 [tribunal may hear or dismiss claims or dispute if party does not participate] applies;
"dismissal order" means an order of the tribunal under
(a)

section 35 (2) (a) [order dismissing claim that is an abuse of process],
(c)

section 36 (3) (b) [order dismissing claim of non-compliant party in case management phase], or
(d)

section 52 (1) (b) [order dismissing claim if party does not participate in tribunal hearing];
"dispute" means the claims that are to be resolved in a single tribunal proceeding;
"electronic" means created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by any other similar means;
"electronic communication tools" includes a computer program, or other electronic means, used by way of the internet or otherwise, to initiate an activity or to respond to electronic information, records or activities in whole or in part without review by an individual at the time of the activity or response;
"exclusive jurisdiction" means the jurisdiction of the tribunal in respect of certain claims, under

section 115 [exclusive jurisdiction of tribunal — privative clause];
"facilitated settlement" means dispute resolution services provided under Division 2 [Facilitated Settlement] of Part 4 [Case Management Phase];
"final decision" means
(a) a decision of the tribunal under

section 46 (1) (a) [final decision following tribunal hearing] resolving the claims in a dispute,
(b) a decision of the tribunal by way of a consent resolution order, or
(c) a decision of the tribunal by way of a dismissal order;
"formal written reasons", in relation to a final decision of the tribunal, means written reasons that are identified in the reasons as being formal written reasons of the tribunal;
"initiating notice" means the notice given under

section 6 (1) [initiating notice] by the tribunal to the initiating party;
"initiating party" means the person who made the initial request for tribunal resolution under

section 4 [asking the tribunal to resolve a claim] with respect to a dispute;
"intimate image protection claim" means a claim over which the tribunal has jurisdiction under Division 8 [Intimate Image Protection Claims] of Part 10 [Tribunal Jurisdiction];
"legally binding process" means a court proceeding or other process for seeking a remedy that provides a legally binding decision respecting a claim;
"online dispute resolution services" means dispute resolution services that are provided by way of electronic communication tools and are intended to assist parties in resolving a dispute by agreement without direct assistance from a tribunal officer or person engaged or retained by the tribunal to provide facilitated settlement;
"order giving effect to a final decision" means a tribunal order under

section 46 (1) (c) [order giving effect to final decision following hearing];
"participate", in relation to a tribunal hearing, includes participation in the hearing through the means referred to in

section 39 [how tribunal hearings are conducted] that apply to the hearing;
"party" means an initiating party or a responding party;
"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act;
"practice directive" means a practice directive under

section 63 [practice directives];
"referenced claim" means a claim over which the tribunal has jurisdiction under Division 2 [Referenced Claims] of Part 10;
"refusal", in relation to a claim or dispute, means a refusal by the tribunal under
(a)

section 11 [general authority for tribunal to refuse to resolve claim or dispute], or
(b)

section 36 (3) (c) [tribunal may refuse to resolve claim if party does not comply];
"request for tribunal resolution" means a request under

section 4 [asking the tribunal to resolve a claim];
"responding party" means a person who makes a response under

section 7 [response];
"rules" means the rules of practice and procedure established under this Act for the tribunal;
"society claim" means a claim over which the tribunal has jurisdiction under Division 6 [Society Claims] of Part 10;
"specialized expertise" means the expertise that the tribunal is to be considered to have in respect of certain claims, under

section 116 [specialized expertise of tribunal];
"strata property claim" means a claim over which the tribunal has jurisdiction under Division 4 [Strata Property Claims] of Part 10;
"tribunal" means the Civil Resolution Tribunal referred to in

section 2 [Civil Resolution Tribunal mandate and role];
"tribunal member" means
(b) a vice chair or other tribunal member appointed under

section 68 [vice chairs and other members], or
(c) a temporary tribunal member appointed under

section 69 [temporary tribunal members];
"tribunal officer" means a tribunal member or a person appointed under

section 76 [other tribunal officers];
"tribunal small claim" means a claim over which the tribunal has jurisdiction under Division 3 [Tribunal Small Claims] of Part 10, but does not include any other claim category;
"validated", in relation to orders and final decisions of the tribunal, means validated in accordance with the rules;
"vice chair" means a person appointed as a vice chair of the tribunal under

section 68 (1) [vice chairs]. (2) A claim that may be either a tribunal small claim or a claim in another claim category within the jurisdiction of the tribunal is to be adjudicated as the claim category that is not a tribunal small claim. (3) For the purposes of this Act, the tribunal has exclusive jurisdiction in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal has exclusive jurisdiction.

(4) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal is to be considered to have specialized expertise. 2 (1) The Civil Resolution Tribunal is established, consisting of the chair and other tribunal members appointed in accordance with this Act.

(2) The mandate of the tribunal is to provide dispute resolution services in relation to matters that are within its authority, in a manner that
(a) is accessible, speedy, economical, informal and flexible,
(b) applies principles of law and fairness, and recognizes any relationships between parties to a dispute that will likely continue after the tribunal proceeding is concluded,
(c) uses electronic communication tools to facilitate resolution of disputes brought to the tribunal, and
(d) accommodates, so far as the tribunal considers reasonably practicable, the diversity of circumstances of the persons using the services of the tribunal.

(3) In fulfilling its mandate, the role of the tribunal is
(a) to encourage the resolution of disputes by agreement between the parties, and
(b) if resolution by agreement is not reached, to resolve the dispute by deciding the claims brought to the tribunal by the parties. (4) In addition to its responsibilities in relation to disputes brought to the tribunal for resolution, the tribunal may
(a) provide the public with information on dispute resolution processes generally, and
(b) make its online dispute resolution services available to the public generally.

2.1 The tribunal may, in accordance with this Act, adjudicate the following claim categories:
(a) claims in relation to a relevant enactment, under Division 2 [Referenced Claims] of Part 10 [Tribunal Jurisdiction];
(b) claims in relation to the Small Claims Act, under Division 3 [Tribunal Small Claims] of Part 10;
(c) claims in relation to the Strata Property Act, under Division 4 [Strata Property Claims] of Part 10;
(d) claims in relation to the Cooperative Association Act, under Division 5 [Cooperative Association Claims] of Part 10;
(e) claims in relation to the Societies Act, under Division 6 [Society Claims] of Part 10;
(f) claims in respect of accidents, as defined in

section 132 [definitions for Division — accident claims], under Division 7 [Accident Claims] of Part 10;
(g) claims in relation to the Intimate Images Protection Act, under Division 8 [Intimate Image Protection Claims] of Part 10. Part 2 — How to Bring a Matter to the Tribunal
Division 1 — Initiating a Claim
4 (1) A person who has a claim that is within the jurisdiction of the tribunal may, in accordance with this Part, make a request to the tribunal asking the tribunal to resolve the claim.

(1.1) A person may not make a request for tribunal resolution if
(a) the applicable Act in respect of the claim describes a class of persons who may make a request for tribunal resolution, and
(b) the person is not in the described class of persons. (2) A request for tribunal resolution must be made
(a) in a manner required or authorized under the rules, and
(b) with payment of any applicable fees for the case management phase and the tribunal hearing phase. 5 If required under the rules, before a person makes a request for tribunal resolution, the person must attempt to resolve the dispute using online dispute resolution services provided by the tribunal.

6 (1) On receiving a request for resolution, the tribunal must give the initiating party an initiating notice if, on initial review,
(a) the claim appears to be within the jurisdiction of the tribunal,
(b) the request for resolution appears, on its face, to disclose a reasonable claim, and
(c) the claim meets all of the other requirements under this Act. (1.1) The tribunal may give an amended initiating notice. (2) If the tribunal decides to give an initiating notice under subsection (1), this decision has no binding effect and, for certainty, does not preclude a subsequent decision by the tribunal not to resolve the claim under

section 11 [general authority for tribunal to refuse to resolve claim or dispute]. (3) If the tribunal decides not to give an initiating notice under subsection (1), the tribunal must notify the initiating party and, on request, give reasons. 7 (1) The tribunal may resolve a claim only if the initiating party serves, or is deemed to have served, in accordance with the rules, a copy of the initiating notice to all persons against whom the claim is made. (2) On being served, or being deemed to have been served, with an initiating notice, a person must make a response in accordance with the rules.

(3) If none of the persons served, or deemed to have been served, with an initiating notice make a response within the time required by the rules, the tribunal
(a) must give the initiating party notice that none of the persons served, or deemed to have been served, made a response, and
(b) may, subject to sections 10 [claims to be resolved must be within tribunal authority], 11 (1) [general authority for tribunal to refuse to resolve claim or dispute] and 37 [cancellation of final decision or dismissal order under

section 36], proceed to adjudicate the dispute in accordance with any applicable rules. (4) If one or more of the persons served, or deemed to have been served, with an initiating notice make a response within the time required by the rules, the tribunal may do one of the following:
(a) determine under

section 10 (1) that the tribunal does not have jurisdiction over the claim;
9 (1) The government may not be a party to a tribunal proceeding unless the tribunal proceeding is in relation to
(a) a claim over which the tribunal has exclusive jurisdiction,
(c) a claim in a class of claims that is prescribed by regulation. (2) If the government is a responding party to a tribunal proceeding referred to in subsection (1), the Crown Proceeding Act applies. 10 (1) The tribunal must refuse to resolve a claim that it considers is not within the jurisdiction of the tribunal.

(a) one or more issues that are within the tribunal's jurisdiction, and
(b) one or more issues that are not within the tribunal's jurisdiction
may be amended to remove the issues that are not within the tribunal's jurisdiction.

11 (1) The tribunal may refuse to resolve a claim or a dispute within its jurisdiction if it considers that any of the following apply:
(i) would be more appropriate for another legally binding process or dispute resolution process, or
(ii) has been resolved through a legally binding process or other dispute resolution process;
(b) the request for resolution does not disclose a reasonable claim or is an abuse of process;
(c) issues in the claim or the dispute are too complex for the dispute resolution process of the tribunal or otherwise impractical for the tribunal to case manage or resolve;
(d) resolving the claim or the dispute may involve a constitutional question or the application of the Human Rights Code;
(e) the tribunal is satisfied that it has been established, on the basis of satisfactory evidence, that the claim or the dispute is beyond the jurisdiction of the tribunal.

(2) The tribunal may exercise authority under this section
(a) at the time of considering a request for tribunal resolution, or
(b) in the case of a request that has been accepted, at any time before the tribunal makes the final decision resolving the dispute. (3) If the tribunal refuses to resolve a dispute under this section, it must notify the person making the request or the parties, as applicable, of the refusal and the reason for the refusal. (4) If the tribunal refuses to resolve a dispute under this section after the tribunal proceeding respecting the dispute has started,

section 15 [restrictions in relation to court and other proceedings — when tribunal proceeding starts] no longer applies in relation to the claims that were to be resolved by the tribunal proceeding. Division 2 — Limitation Period
13 The Limitation Act applies to a claim, and, for that purpose,
(a) a reference to a claim in that Act is deemed to include a claim under this Act, and
(b) a reference to a court proceeding in that Act is deemed to include a tribunal proceeding. 13.1 The basic limitation period and the ultimate limitation period under the Limitation Act that are applicable to a claim do not run after a request is made under

section 4 [asking the tribunal to resolve a claim] of this Act for the tribunal to resolve the claim. 13.2 Unless the court orders otherwise, a party may not bring or continue a claim in a court, which claim may be brought or continued under

section 16.4 (1) [bringing or continuing claim in court], more than 28 days after whichever of the following dates is applicable:
(a) the date on which the party receives notice of the tribunal's decision
(i) not to give an initiating notice under

section 6 [initiating notice],
(ii) refusing to resolve the claim under
(A)

section 10 [claims to be resolved must be within tribunal authority], or
(B)

(iii) declining jurisdiction in respect of the claim under

section 114 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(b) the date of a court order under

section 16.2 [court may order that tribunal not adjudicate claim] that the tribunal not adjudicate the claim. 13.3 Unless the tribunal or the court orders otherwise, a party may not make a request under

section 4 [asking the tribunal to resolve a claim] asking the tribunal to resolve a claim more than 28 days after the date of a court order under section 16.1 [court must stay or dismiss certain proceedings] staying or dismissing, as applicable, a court proceeding under that section. 13.4 A time limit of 28 days established under

section 13.2 or 13.3 does not run during the following periods:
(a) from the date a party requests judicial review of a decision of the tribunal until the date of the decision by the court;
(b) from the date a party files a notice of appeal of a court order that relates to the claim until the date of the decision by the court. 13.5 A party may not make a request under

section 4 [asking the tribunal to resolve a claim] asking the tribunal to resolve a claim referred to in section 133 (1) (d) [determination of extent of responsibility for accident] more than the prescribed number of days after the date of a prescribed event.

Division 3 — Relationship with Other Proceedings
15 (1) Subject to this Division, once a tribunal proceeding is started,
(a) a party to the tribunal proceeding may not commence, against another party to the tribunal proceeding, a court proceeding or other legally binding process in relation to an issue or claim that is to be resolved in the tribunal proceeding, and
(b) if a party has already commenced a process referred to in paragraph (a) against another party to the tribunal proceeding, the parties must adjourn or suspend the process while the tribunal proceeding is continuing.

(2) For certainty, except as otherwise provided in this Division, nothing in this section operates to prevent a person from commencing or continuing a legally binding process in respect of a claim until a tribunal proceeding respecting the claim is started. 16.1 (1) Subject to subsection (2) and

section 16.4 (1) and (2) [bringing or continuing claim in court], if, in a court proceeding, the court determines that all matters are within the jurisdiction of the tribunal, the court must,
(a) in the case of a claim within the exclusive jurisdiction of the tribunal, dismiss the proceeding,
(b) in the case of a claim in respect of which the tribunal is to be considered to have specialized expertise, dismiss the proceeding unless it is not in the interests of justice and fairness for the tribunal to adjudicate the claim, or
(c) in any other case, stay or dismiss the proceeding, as the court considers appropriate, unless it is not in the interests of justice and fairness for the tribunal to adjudicate the claim. (2) Subject to

section 16.4 (1) and (2), if, in a court proceeding, a party alleges that a matter in a proceeding before the court relates to a minor injury within the jurisdiction of the tribunal under section 133 (1) (b) or (c) [claims within jurisdiction of tribunal for accident claims], the court must stay the proceeding until the tribunal determines, as applicable,
(a) in the case of an accident claim under

section 133 (1) (b), whether an injury is a minor injury, and
(b) in the case of an accident claim under

section 133 (1) (c), unless it is not in the interests of justice and fairness for the tribunal to make the determination, whether a party has established that there is a substantial likelihood that damages will exceed the tribunal limit amount. (3) For the purposes of subsection (2), "minor injury" and "tribunal limit amount" have the same meaning as in

section 132 [definitions for Division — accident claims]. 16.2 (1) Subject to subsection (2), the court may order that the tribunal not adjudicate a claim that is or purports to be in one of the claim categories if
(a) the tribunal does not have jurisdiction to adjudicate the claim, or
(b) it is not in the interests of justice and fairness for the tribunal to adjudicate the claim. (2) Subsection (1) (b) does not apply if the tribunal has exclusive jurisdiction in respect of the claim.

16.3 (1) For the purposes of sections 16.1 (1) and 16.2 (1), when deciding whether it is in the interests of justice and fairness for the tribunal to adjudicate a claim, the court may consider the following:
(a) whether an issue raised by the claim or dispute is of such importance that the claim or dispute would benefit from being adjudicated by that court to establish a precedent;
(b) whether an issue raised by the claim or dispute relates to a constitutional question or the Human Rights Code;
(c) whether an issue raised by the claim or dispute is sufficiently complex to benefit from being adjudicated by that court;
(d) whether all of the parties to the claim or dispute agree that the claim or dispute should not be adjudicated by the tribunal;
(e) whether the claim or dispute should be heard together with a claim or dispute currently before that court;
(f) whether the use of electronic communication tools in the adjudication process of the tribunal would be unfair to a party in a way that cannot be accommodated by the tribunal.

section 16.1 (2), when deciding whether it is in the interests of justice and fairness for the tribunal to make the determination referred to in that subsection, the court may consider the principle of proportionality. 16.4 (1) Subject to this section, a person may not bring or continue, as the case may be, a claim that is within the jurisdiction of the tribunal as a claim in a court unless one or more of the following apply:
(a) the tribunal decides not to give an initiating notice under

section 6 [initiating notice];
(b) the tribunal refuses to resolve the claim under
(i)

(ii)

section 11 [general authority for tribunal to refuse to resolve claim or dispute];
(c) the court orders under

section 16.2 that the tribunal not adjudicate the claim;
(d) the tribunal declines jurisdiction in respect of the claim under

(e) the claim is a counterclaim to a notice of claim or a notice of civil claim, as applicable, filed in the court;
(f) the person is in a class of persons prescribed by regulation. (2) A person may bring or continue, as the case may be, the following claims as a proceeding in the Supreme Court, even if none of the circumstances referred to in subsection (1) (a) to (f) have occurred:
(b) an accident claim described in

section 133 (1) (c) [claims within jurisdiction of tribunal for accident claims], if all parties consent;
(c) an intimate image protection claim. (3) If, in respect of a claim that is otherwise within the jurisdiction of the tribunal, the tribunal
(a) decides not to give an initiating notice solely for the reason that the requirement in

section 6 (1) (b) has not been met, or
(b) refuses to resolve the claim solely for the reason described in

section 11 (1) (b),
a party must seek judicial review of the decision before the party may file notice of the same claim in court. Part 3 — Tribunal Proceedings Generally
17 (1) A tribunal proceeding has two phases,
(a) the case management phase, and
(b) the tribunal hearing phase. (2) In the case management phase, resolution by agreement between the parties is facilitated and preparations are made for the tribunal hearing should one be required. (3) In the tribunal hearing phase, the dispute is heard and the tribunal gives a final decision to resolve the dispute if it is not resolved in the case management phase.

18 A tribunal proceeding is to be conducted with as little formality and technicality and with as much speed as permitted by the requirements of this Act, the rules and a proper consideration of the issues in the dispute. 19 The tribunal may use electronic communication tools in conducting all or part of a tribunal proceeding, and may require or authorize parties or other persons to use electronic communication tools provided by the tribunal in relation to tribunal proceedings or other dispute resolution services provided by the tribunal. 20 (1) Unless otherwise provided under this Act, the parties are to represent themselves in a tribunal proceeding.

(2) A party may be represented by a lawyer or another individual with authority to bind the party in relation to the dispute if
(a) the party is a child or a person with impaired capacity,
(b) the rules permit the party to be represented, or
(c) the tribunal, in the interests of justice and fairness, permits the party to be represented. (3) Without limiting the authority of the tribunal under subsection (2) (c), the tribunal may consider the following as circumstances supporting giving the permission:
(a) another party is represented in the proceeding;
(b) the other parties have agreed to the representation.

(4) A person representing a party in a tribunal proceeding must be a lawyer unless
(a) the rules otherwise permit, or
(b) the tribunal is satisfied that the person being proposed to represent the party is an appropriate person to do this. (5) In the case of a party that is a corporation, partnership or other form of organization or office with capacity to be a party to a court proceeding, the person acting for the party in the tribunal proceeding must be
(a) a director, officer or partner of the party,
20.1 Without limiting

section 20, a party may, as of right, be represented by a lawyer in a tribunal proceeding in respect of an accident claim or an intimate image protection claim. 22 (1) On request of all parties to a dispute, made
(a) at any time during the case management phase, or
(b) at any time during the tribunal hearing phase before the tribunal gives its final decision in the dispute,
the tribunal may make an order dismissing some or all claims in the dispute. (2) A dismissal order under subsection (1) is a final decision of the tribunal resolving the specified claims.

Part 4 — Case Management Phase
Division 1 — Case Manager Responsibilities
23 (1) The role of a case manager is to assist in the resolution of disputes, including by
(a) assisting the parties in reaching resolution by agreement through facilitated settlement as provided in the rules,
(b) reviewing the claims in a dispute and assisting the parties in identifying the facts relevant to resolving the dispute and the issues to be decided,
(c) so far as is practicable, determining the evidence or other information that will assist in resolving a dispute, and
(d) making a recommendation to the tribunal as to the process to be used in hearing the dispute, if the tribunal has jurisdiction to do so.

(2) In the case management phase, facilitated settlement and preparations for a tribunal hearing may be conducted at the same time. 24 (1) The case manager for a dispute may be a tribunal member or other tribunal officer as assigned in accordance with

section 80 [assignment of case managers and tribunal panels]. (2) For certainty, more than one tribunal officer may act as case manager in relation to the same dispute. Division 2 — Facilitated Settlement
25 (1) A case manager has authority
(a) to determine, in accordance with the rules, which facilitated settlement service is to be used in the case management phase for a particular dispute, and
(b) to require the parties to participate in facilitated settlement services. (2) Facilitated settlement may be conducted in person, in writing, by telephone, videoconferencing or email, or through use of other electronic communication tools, or by any combination of those means.

26 (1) If, in the case management phase, the parties to a dispute reach a resolution by agreement on any or all of the issues or claims in the dispute, they may ask the case manager to prepare a draft consent resolution order respecting the issues or claims. (2) If the case manager prepares a draft consent resolution order and the parties agree to the draft order, the order is to be presented to the tribunal for approval as an order of the tribunal. (3) If the tribunal declines to approve a draft consent resolution order, it must provide the parties with reasons for doing this.

(4) If the tribunal approves the draft consent resolution order, that order becomes a final decision of the tribunal resolving the specified issues or claims. 27 (1) Subject to the rules, the case manager may provide to the parties either or both of
(a) a non-binding neutral evaluation of the claims in the dispute, and
(b) the case manager's views on how the court or tribunal would likely resolve the dispute if it proceeded to a court or tribunal hearing.

(2) Subject to sections 28 [case manager may make recommendation for resolution if parties consent] and 29 [case manager may act as tribunal if parties consent], neither the parties to a dispute nor the case manager may disclose to the court or tribunal any evaluation or views provided under subsection (1). 28 (1) If the parties to a dispute consent, the case manager may make a recommendation to the tribunal as to the final decision resolving the dispute. (2) A recommendation may be in the form of a draft final decision, or a draft final decision and draft order giving effect to the final decision, for consideration by the tribunal.

(3) In hearing the dispute, the tribunal must consider, but is not required to follow, a recommendation made under this section. 29 (1) If the case manager for a dispute is a tribunal member, the case manager may, during the case management phase, offer to act as the tribunal in accordance with this section. (2) If the parties agree to this direct resolution of any or all of the issues or claims in the dispute, the case manager may
(a) act as the tribunal panel in resolving those issues or claims without assignment under

section 80 [assignment of case managers and tribunal panel], and
(b) proceed to resolve the issues or claims under Division 2 [Final Decision Resolving Dispute] of Part 5 [Tribunal Resolution], but on the basis of the information received by the case manager and without any further case management or hearing. 30 If a claim has not been resolved during the case management phase, the claim is to proceed to resolution by tribunal hearing.

Division 3 — Preparation for Tribunal Hearing
31 (1) If the case manager considers that one or more other persons should properly be parties to a dispute, the case manager may provide the current parties with an opportunity to have those other persons added as parties in accordance with the rules and with any directions by the case manager.

32 (1) For the purposes of preparing the dispute for resolution by the tribunal, the case manager may direct any or all parties to do the following:
(a) provide information respecting
(i) the issues in the dispute,
(ii) the position of the parties in relation to those issues, and
(iii) the resolution that is being requested;
(b) provide evidence respecting a matter that is relevant to an issue in the dispute, including requiring the evidence to be provided on oath or affirmation or in a manner authorized under the rules;
(c) produce a record or other thing in the party's possession or control that is relevant to an issue in the dispute;
(d) prepare an agreed statement of facts;
(e) arrange for the preparation of expert evidence, including
(i) by requiring the parties to do this jointly,
(ii) by limiting the number of experts a party may call, or
(iii) by limiting the giving of expert evidence in respect of one or more issues in a claim to an expert appointed by the tribunal.

(2) The tribunal may make an order requiring compliance with a direction under this section. 33 (1) A party to a dispute may prepare and serve a summons, in a form authorized by the rules, requiring a person
(a) to provide evidence that is relevant to an issue in the dispute, on oath or affirmation or in a manner authorized under the rules, by attending or participating in the tribunal hearing or by providing the evidence for use in the tribunal hearing, or
(b) to produce, for the tribunal, the summoning party or another party, a record or other thing that is relevant to an issue in the dispute and is in the person's possession or control.

(2) The authority under subsection (1) may not be exercised in relation to evidence that is inadmissible under

section 42 (2) [restriction on admitting privileged evidence]. (3) Subject to an order under

section 34 (1) (f) [tribunal may require persons to provide evidence — allocation of expenses], the party that served a summons under this section is responsible for the expenses and witness fees that are payable in relation to the summons. (4) A summons under this section may be cancelled by the tribunal in accordance with the rules. 34 (1) The tribunal may, at any time during the case management phase or tribunal hearing phase for a dispute, make orders as follows:
(a) requiring a party to prepare and serve a summons under

section 33 [party may prepare summons to require other persons to provide evidence];
(b) requiring a person to comply with a summons served by a party under

(c) requiring a person to provide evidence that is relevant to an issue in the dispute, including by requiring evidence to be provided on oath or affirmation or in a manner authorized under the rules;
(d) requiring a person to produce a record or other thing that is relevant to an issue in the dispute and is in the person's possession or control;
(e) in the case of an order directed at an organization, requiring any directors or officers of the organization to cause the organization to comply with the order;
(f) making a party responsible for, or allocating between the parties responsibility for, the expenses and witness fees that are payable in relation to an order under paragraph (c) or (d) or a summons under

section 33. (2) The authority under subsection (1) may not be exercised in relation to evidence that is inadmissible under

section 42 (2) [restriction on admitting privileged evidence]. Division 4 — Referral of Matters to Tribunal
35 (1) At any time in the case management phase, if the case manager considers that a claim in a dispute has no reasonable likelihood of success or gives rise to an abuse of process, the case manager may,
(a) if the case manager is a tribunal member, exercise tribunal authority under this section without assignment under

section 80 [assignment of case managers and tribunal panels], and
(b) in any case, refer the claim to the tribunal. (2) If a claim is to be dealt with under this section, the tribunal must review the claim in accordance with the rules and may, following the review,
(a) make an order dismissing the claim if the tribunal considers that the claim is frivolous, vexatious or an abuse of process, or
(b) direct that the claim is to continue to be dealt with by the tribunal proceeding. (3) The tribunal must give reasons for dismissing a claim under subsection (2) (a).

(4) If the reasons provided under subsection (3) are not formal written reasons, the party whose claim has been dismissed may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules. (5) A dismissal order under subsection (2) (a) may include a requirement for payment, as described in

section 49 [order for payment of expenses], by the party who made the claim that is being dismissed. 36 (1) This section applies if a party to a dispute fails to comply with any of the following:
(a) this Act or the regulations;
(b) the rules in relation to the case management phase for the dispute, including any time limits specified for taking actions;
(c) an order of the tribunal made during the case management phase. (2) The case manager may, after giving notice to the non-compliant party, refer the dispute to the tribunal for resolution.

(3) If a dispute is referred to the tribunal under this section, the tribunal may
(a) proceed to hear the dispute in accordance with any applicable rules,
(b) make an order dismissing a claim in the dispute that is made by the non-compliant party, or
(c) refuse to resolve a claim of the non-compliant party or refuse to resolve the dispute. (4) If the tribunal makes a dismissal order under subsection (3) (b),
(a) the tribunal must give reasons for the order, and
(b) the order may include a requirement for payment, as described in

section 49 [order for payment of expenses], by the party referred to in subsection (1). (5) If the reasons provided under subsection (4) (a) are not formal written reasons, the party whose claim was dismissed may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules. (6) If the tribunal refuses under subsection (3) (c) to resolve a claim or the dispute,
(a)

section 15 [restrictions in relation to court and other proceedings — when tribunal proceeding starts] ceases to apply in relation to the claim or dispute, as applicable,
(b) any further request for tribunal resolution in relation to a claim that was refused may be made only with leave of the tribunal, and
(d) the tribunal must certify that case management of all of the claims in the dispute is completed. 37 (1) If, under

section 36 [referral to tribunal for non-compliance], the tribunal makes
(a) a final decision following a hearing, or
(b) a dismissal order respecting a claim of the non-compliant party,
that party may request that the tribunal cancel the final decision or order. (2) A request under this section must be made in accordance with the rules and with payment of any applicable fee. (3) The tribunal may, in accordance with the rules, order that the final decision or dismissal order is cancelled if satisfied that the circumstances established by the rules apply, in which case the dispute is to be resolved by continuing the tribunal proceeding. (4) If a final decision is cancelled under this section, the order giving effect to the final decision is cancelled.

Division 1 — Tribunal Hearings
38 The procedure for a tribunal hearing in relation to a dispute is at the discretion of the tribunal, subject to this Act and the rules. 39 (1) In resolving a dispute, the tribunal may conduct a hearing in writing, by telephone, videoconferencing or email, or through use of other electronic communication tools, or by any combination of those means. (2) It is not necessary for the means of communication referred to in subsection (1) to allow all parties to the dispute to take part at the same time. (3) The tribunal may hold an in-person hearing if the tribunal considers that the nature of the dispute or that extraordinary circumstances make an in-person hearing necessary in the interests of justice.

(4) Subject to an order under subsection (5), an in-person hearing must be open to the public. (5) The tribunal may, by order,
(a) impose restrictions on a person's continued participation in or attendance at a tribunal hearing, and
(b) exclude a person from further participation in or attendance at a tribunal hearing until the tribunal orders otherwise.

40 The tribunal must give notice to the parties as to the following:
(a) when the tribunal hearing is to be started;
(b) the means by which it is to be conducted;
(c) if applicable, where the hearing is to be conducted;
(d) if applicable, the times by which steps in the hearing are to be completed and by whom;
(e) any other information required to be provided under the rules. 41 (1) If, in the tribunal hearing phase, the parties to a dispute reach a resolution by agreement on any or all of the issues or claims in the dispute, they may ask the tribunal to approve a consent resolution order respecting the issues or claims.

(2) If the tribunal approves the consent resolution order, that order is a final decision of the tribunal resolving the specified issues or claims. 42 (1) In conducting a hearing, the tribunal may do any or all of the following:
(a) receive, and accept as evidence, information that it considers relevant, necessary and appropriate, whether or not the information would be admissible in a court of law;
(b) ask questions of the parties and witnesses;
(c) inform itself in any other way it considers appropriate. (2) The tribunal is not bound by the rules of evidence, but may not admit evidence that is inadmissible in a court because of a privilege under the law of evidence or otherwise.

(3) Unless otherwise required under the rules or by the tribunal, evidence to be provided in a tribunal hearing may be provided in electronic form. (4) Nothing in this section overrides the provisions of this or any other Act that expressly limit the extent to which or purposes for which any oral testimony, information, records or things may be admitted or used in evidence. 44 (1) The tribunal may make an electronic or other recording of its proceedings or transcribe its proceedings. (2) The tribunal's recording or transcription of a proceeding must be considered to be correct and to constitute part of the record of the proceeding.

(3) If, by a mechanical or human failure or other accident, the recording or transcription of a proceeding is destroyed, interrupted or incomplete, the validity of the proceeding is not affected.

45 The tribunal may direct that a dispute be referred back to the case management phase if, in the course of a tribunal hearing,
(a) the tribunal considers that one or more persons should properly be parties to the dispute, or
Division 2 — Final Decision Resolving Dispute
46 (1) Following a tribunal hearing, the tribunal must, within the applicable time period, if any, established by the rules,
(a) give its final decision in resolving the claims in the dispute,
(b) give reasons for the decision, and
(c) subject to this Act and the rules, make any order the tribunal considers is required to give effect to the decision.

(2) If an order giving effect to a final decision is given orally, a written record of the order must be given to the parties within the time period established by the rules. (3) If the reasons provided under subsection (1) (b) are not formal written reasons, a party to the dispute may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules. (4) The chair may extend a time period that is otherwise applicable under this section. 47 The tribunal must, within the applicable time period referred to in

section 46 (1) [tribunal must give final decision following hearing],
(a) if the final decision is not given orally, give notice of the final decision to all parties to the dispute, and
(b) in all cases, provide the parties with access to, or a copy of, the final decision and any order giving effect to the final decision. 48 (1) The tribunal may make an order giving effect to a final decision on terms and conditions the tribunal considers appropriate. (2) If an order referred to in subsection (1) includes an order for the payment of money, the order must set out the principal amount payable. (3) The Court Order Interest Act applies to the tribunal as if it were a court.

(4) The tribunal may make an order varying the terms and conditions of an order giving effect to a final decision, but may not vary the final decision. 49 (1) An order under

section 48 [order giving effect to final decision] may include a requirement for one party to pay to another party to the dispute some or all of
(a) the fees paid under this Act by the other party in relation to the dispute, and
(b) any other reasonable expenses and charges that the tribunal considers directly relate to the conduct of the proceeding. (2) For certainty, expenses and charges referred to in subsection (1) (b) include amounts payable under
(a)

section 33 (3) [party may prepare summons to require other persons to provide evidence], or
(b)

section 34 (1) (f) [tribunal may require persons to provide evidence — allocation of expenses]. (3) A requirement included in an order under subsection (1) may be subject to limits or restrictions prescribed by regulation, which may be different for different classes of claim categories, disputes, claims, issues, parties, insurers and circumstances, as established by the regulations. 50 Unless otherwise specified by the tribunal, a final decision under

section 46 [final decision following hearing] is effective,
(a) in the case of a final decision given orally, when it is given, and
(b) in the case of a final decision given other than orally, on the date that notice is given under

section 47 [notice of final decision]. 51 (1) Subject to the rules, the tribunal may amend
(a) a final decision under

section 46 [final decision following hearing], or
(b) an order giving effect to a final decision
for the purpose of clarifying the decision or order. (2) The tribunal may not amend a final decision or order referred to in subsection (1) other than as provided under this section,

section 48 (4) [order giving effect to final decision — authority to vary terms and conditions] or section 64 [authority to correct decisions and orders]. (3) This section must not be construed as limiting the tribunal's ability, on request of a party, to reopen a tribunal proceeding in order to cure a jurisdictional defect. Division 3 — Tribunal Authority If Party Does Not Participate
52 (1) If a party does not attend or otherwise participate in a tribunal hearing at a time set for the hearing, the tribunal may
(a) proceed to hear and resolve the dispute in accordance with any applicable rules, or
(b) make an order dismissing a claim in the dispute that is made by the non-participating party.

(2) If the tribunal makes a dismissal order under subsection (1) (b),

section 49 [order for payment of expenses], by the non-participating party referred to in subsection (1) of this section. (3) If the reasons provided under subsection (2) (a) are not formal written reasons, the party whose claim was dismissed may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules. 53 (1) If, under

section 52 [tribunal may hear or dismiss claims or dispute if party does not participate], the tribunal makes
(b) a dismissal order respecting a claim of the non-participating party,
that party may request that the tribunal cancel the final decision or order. (2) A request under this section must be made in accordance with the rules and with payment of any applicable fee. (3) The tribunal may, in accordance with the rules, cancel the final decision or dismissal order if satisfied that the circumstances established by the rules apply, in which case the dispute is to be resolved by continuing the tribunal proceeding. (4) If a final decision is cancelled, the order giving effect to the final decision is cancelled.

Part 5.1 — Judicial Review of Tribunal Decisions
56.6 (1) An application for judicial review of a decision of the tribunal must be commenced within 60 days of the date the decision is given. (2) Despite subsection (1), either before or after expiration of the time, the Supreme Court may extend the time for making the application on terms the Supreme Court considers proper, if the Supreme Court is satisfied that
(a) there are serious grounds for relief,
(b) there is a reasonable explanation for the delay, and
(c) no substantial prejudice or hardship will result to a person affected by the delay.

56.7 (1) The tribunal must be considered to be an expert tribunal relative to the courts in relation to a decision of the tribunal
(a) concerning a claim within the exclusive jurisdiction of the tribunal, or
(b) concerning a claim in respect of which the tribunal is to be considered to have specialized expertise, other than a decision of the tribunal concerning a claim described in

section 133 (1) (c) [claims within jurisdiction of tribunal for accident claims].

(2) On an application for judicial review of a decision of the tribunal for which the tribunal must be considered to be an expert tribunal, the standard of review to be applied is as follows:
(a) a finding of fact or law or an exercise of discretion by the tribunal must not be interfered with unless it is patently unreasonable;
(b) questions about the application of common law rules of natural justice and procedural fairness must be decided having regard to whether, in all of the circumstances, the tribunal acted fairly;
(c) for all matters other than those identified in paragraphs (a) and (b), the standard of review to be applied to the tribunal's decision is correctness.

56.8 (1) This section applies to an application for judicial review of a decision of the tribunal other than a decision for which the tribunal must be considered to be an expert tribunal under

section 56.7. (2) The standard of review to be applied to a decision of the tribunal is correctness for all questions except those respecting
(b) the exercise of discretion, or
(c) the application of common law rules of natural justice and procedural fairness. (3) The Supreme Court must not set aside a finding of fact by the tribunal unless
(a) there is no evidence to support the finding, or
(b) in light of all the evidence, the finding is otherwise unreasonable. (4) The Supreme Court must not set aside a discretionary decision of the tribunal unless it is patently unreasonable.

(5) Questions about the application of common law rules of natural justice and procedural fairness must be decided having regard to whether, in all of the circumstances, the tribunal acted fairly. 56.9 For the purposes of sections 56.7 (2) (a) and 56.8 (4), a discretionary decision is patently unreasonable if the discretion
(a) is exercised arbitrarily or in bad faith,
(b) is exercised for an improper purpose,
(c) is based entirely or predominantly on irrelevant factors, or
Part 6 — Enforcement of Tribunal Orders
57 (1) A final decision of the tribunal in relation to a claim category, other than a tribunal small claim, may be enforced by filing, in the Supreme Court, a validated copy of an order giving effect to the final decision.

(2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court. 58 (1) A validated copy of an order referred to in

section 57 [enforcement by filing in Supreme Court] may be filed in the Provincial Court if
(a) the order is for financial compensation or the return of personal property, and
(i) the principal amount set out under

section 48 (2) [order for payment of money], or
(ii) the value of the personal property
is within the monetary limit for claims under the Small Claims Act. (2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Provincial Court. 58.1 (1) A consent resolution order in relation to a tribunal small claim may be enforced by filing, in the Provincial Court, a validated copy of the order. (2) A final decision of the tribunal in relation to a tribunal small claim may be enforced by filing, in the Provincial Court, a validated copy of the order giving effect to the final decision.

(4) An order filed under this section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Provincial Court. 58.2 (1) A final decision of the tribunal in relation to a claim adjudicated by the tribunal may, unless the court orders otherwise, be enforced under this Part by a person who was not a party to the claim if
(a) the claim is a strata property claim, or
(b) the person is within a prescribed class of persons. (2) If a person referred to in subsection (1) enforces a final decision under subsection (1), the person is deemed to be a party for the purposes of this Act.

(3) Subsection (1) does not apply to a tribunal small claim. 59 If the tribunal cancels under

section 37 [cancellation of final decision or dismissal order under section 36] an order that has been filed under this Part, the party that filed the cancelled order must not take any further steps to enforce that order and must take the steps necessary to discontinue any enforcement process. 60 (1) A person who fails or refuses to comply with an order of the tribunal is liable, on application to the Supreme Court, to be punished for contempt as if in breach of an order or judgment of the Supreme Court. (2) Subsection (1) does not limit the conduct for which the Supreme Court may make a finding of contempt in respect of a person's conduct in relation to a tribunal proceeding.

Part 7 — Tribunal Powers and Procedures
61 (1) Subject to this Act and the rules, the tribunal may make any order or give any direction in relation to a tribunal proceeding it thinks necessary to achieve the objects of the tribunal in accordance with its mandate. (2) The tribunal may make an order under subsection (1) or, unless otherwise provided, under any other provision of this Act
(c) on recommendation by a case manager. (3) Unless otherwise restricted under this Act, the tribunal may vary or cancel an order that it has made under the Act. 62 (1) The tribunal may make rules respecting practice and procedure in tribunal proceedings to facilitate the resolution of disputes before it in accordance with its mandate.

(2) Without limiting subsection (1), the tribunal may make rules respecting the following:
(a) the form and content of an initiating notice under

section 6 [initiating notice] and a response under section 7 [giving and responding to initiating notice];
(b) factors supporting a refusal under

section 11 [general authority for tribunal to refuse to resolve a dispute];
(c) dispute resolution services provided by the tribunal, including rules respecting
(i) online dispute resolution services and their use, and
(ii) facilitated settlement that may be provided in the case management phase;
(d) procedures and processes that apply in relation to tribunal proceedings, including rules
(i) providing authority to waive or modify a rule in relation to a tribunal proceeding,
(ii) establishing times by which actions in a tribunal proceeding are to be taken, including providing authority to extend or shorten established times,
(iii) providing authority in relation to adjournments and postponements,
(iii.1) respecting the process to be followed by the tribunal if a court orders it not to facilitate the settlement of, resolve or adjudicate a claim,
(iv) imposing restrictions on evidence and submissions in relation to a tribunal hearing under

section 36 (3) (a) [proceeding to hearing if a party does not comply with the case management process],
(v) respecting procedures and processes that apply to a hearing under

section 52 (1) (a) [tribunal may hear claims or dispute if party does not appear], and
(vi) respecting procedures and processes that apply to a claim that is an application made under

section 5 of the Intimate Images Protection Act, including all related matters;
(e) powers under the Act to make orders and give directions, including rules
(i) respecting the process for a party to request that an order or direction be made,
(i.1) respecting orders available if a party given an initiating notice fails to make a response,
(i.2) respecting the cancellation of an order given when a party that fails to make a response within the time required by the rules subsequently makes a response, and
(ii) respecting the cancellation of a final decision or order under

section 37 [cancellation of final decision or dismissal order under section 36] or 53 [cancellation of final decision or dismissal order made in absence of party];
(f) the form, content and manner for giving notices, summons, orders or other information or records, including rules
(i) authorizing the service, giving, filing, delivery or other provision to be done through electronic communication tools provided by the tribunal or through other means,
(ii) establishing requirements for service, and what is considered to be the address for service, of a party,
(iii) authorizing substituted service, and
(iv) establishing when a notice, summons, order or other information or record is deemed to have been served on or otherwise given to or received by the tribunal, a party or another person;
(g) the provision, receipt, disclosure and exchange of evidence, other information and records in a tribunal proceeding, including rules
(i) respecting how a person providing evidence asserts the truth of the evidence by oath, affirmation or otherwise,
(i.1) respecting forms of evidence to be provided,
(ii) respecting requirements for the preparation of expert witness evidence by a party or jointly by parties,
(ii.1) limiting the number of expert witnesses a party may call or limiting, in respect of one or more issues in a claim, the giving of expert witness evidence to an expert appointed by the tribunal,
(iii) respecting summonses under

section 33 [party may require other persons to provide evidence], including establishing witness fees and expenses that are payable in relation to a summons and providing authority for the tribunal to cancel or vary a summons, and
(iv) authorizing the tribunal to direct how expenses for the provision, receipt, disclosure and exchange are to be allocated between parties;
(h) the participation of parties and other persons in tribunal proceedings, including rules
(i) respecting who may act for an organization or office in a tribunal proceeding as referred to in

section 20 (5) [who may act for corporations and other organizations],
(ii) respecting representation of a party by a lawyer or other person,
(iii) allowing a party or witness to have a supporting person present with the party or witness while participating in a tribunal proceeding, and
(iv) respecting authority of the tribunal to allow other persons to participate in a tribunal proceeding;
(i) the consequences of a party's non-compliance with the rules or with a tribunal order, including
(i) respecting the process to be followed if a party given an initiating notice fails to make a response, and
(ii) respecting the process to be followed if an order is given against a party that fails to make a response within the time required by the rules but that subsequently makes a response;
(j) establishing a tariff of expenses and charges of a party that may be payable by one party to another party;
(k) respecting the preparation of validated copies of certificates, directions, orders, reasons and final decisions of the tribunal;
(l) respecting communications and records in relation to tribunal proceedings, including rules
(i) respecting the use, validity and authenticity of and access to electronic communications and electronic records in relation to tribunal proceedings,
(ii) respecting access to and restriction of access to tribunal records by any person, and
(iii) establishing information that is considered to be confidential under

section 87 [tribunal members and staff obligation of confidentiality];
(m) respecting fees, including rules
(i) establishing fees that may be charged by the tribunal for providing services, other than services for which fees are established by regulation under

section 93 (2) (f) [power to make regulations],
(ii) authorizing the tribunal to waive fees applicable under this Act for a person who cannot afford the fees, and
(iii) authorizing the tribunal to direct the refund of fees under this Act in circumstances established by the rules;
(n) rules respecting any other matter for which rules are contemplated by this Act. (3) Where a provision of subsection (2) describes a specific matter as being included as part of the authority under that subsection, the inclusion must not be read as limiting the authority of the general description of that authority. (4) Rules for the tribunal may be different for different classes of claim categories, disputes, claims, issues and circumstances, as established by the rules.

63 (1) The chair may issue practice directives consistent with this Act, the rules and the regulations. (2) The tribunal is not bound by the practice directives in the exercise of its powers or the performance of its duties. 64 On its own initiative or on request by a party, the tribunal may amend a decision or order to correct any of the following:
(a) a clerical or typographical error;
(b) an accidental or inadvertent error, omission or other similar mistake;
65 (1) An authority conferred under this Act on the tribunal may be exercised by any tribunal member or panel assigned responsibility in relation to the applicable tribunal proceeding.

(2) For certainty, subsection (1) applies to a tribunal member acting as a case manager in relation to the tribunal proceeding. 66 If a person is required under this Act to provide evidence or other information on oath or solemn affirmation, a tribunal member or case manager may administer the oath or receive the solemn affirmation. Part 8 — Tribunal Membership and Administration
Division 1 — Appointment of Tribunal Members and Other Staff
67 (1) The Lieutenant Governor in Council may, after a merit-based process, appoint the chair of the tribunal. (2) The term of office for the chair must be at least 3 years and not more than 5 years, and the appointment must be on a full-time basis.

(3) The Lieutenant Governor in Council may reappoint the chair for additional terms. 68 (1) The Lieutenant Governor in Council may, after a merit-based process and after consultation with the chair, appoint one or more vice chairs of the tribunal. (2) The Lieutenant Governor in Council may, on the recommendation of the chair after a merit-based process, appoint one or more other tribunal members. (3) The term of office for the initial appointment of a tribunal member under this section must be at least 2 years and not more than 4 years. (4) The Lieutenant Governor in Council may reappoint a tribunal member appointed under this section, after a merit-based process, for additional terms of not more than 5 years.

(5) An appointment under this section may be on a full-time basis or part-time basis. 69 (1) Subject to this section, if the tribunal requires additional members, the chair may appoint as a temporary tribunal member a person who would otherwise be qualified for appointment as a tribunal member. (2) The chair must comply with any conditions and qualifications established under subsection (5). (3) The term of office for a temporary tribunal member's appointment under this section must not be more than 6 months, and the appointment may be on a full-time basis or part-time basis. (4) A person may be appointed under this section only twice in any 2-year period. (5) The Lieutenant Governor in Council may establish conditions and qualifications for appointments under this section.

70 (1) If the chair expects to be absent or is absent, the chair may designate a vice chair as the acting chair for the period that the chair is absent. (2) Despite subsection (1), if the chair is absent or incapacitated for an extended period, the minister may designate a vice chair as the acting chair for the period that the chair is absent or incapacitated. (3) If there is authority to make a designation under subsection (1) or (2) but
(a) there is no vice chair, or
(b) there is a vice chair but the vice chair is not willing or able to act as chair,
the chair or minister, as applicable, may designate another tribunal member as the acting chair.

(4) A person designated under this section has all the powers and may perform all the duties of the chair. 71 (1) If the tribunal has no chair, the Lieutenant Governor in Council may appoint a tribunal member, or an individual who would otherwise be qualified for appointment as a tribunal member, as the acting chair for a term of not more than 6 months. (2) In exceptional circumstances, an individual may be reappointed as the acting chair under subsection (1) for an additional term of not more than 6 months. (3) A person appointed under this section has all the powers and may perform all the duties of the chair. 72 (1) If a tribunal member appointed under

section 68 [vice chairs and other members]
(a) expects to be absent for an extended period, or
(b) is absent or incapacitated for an extended period,
the Lieutenant Governor in Council may, after consultation with the chair, appoint another person, who would otherwise be qualified for appointment as a tribunal member, to replace the tribunal member until the member returns to full duty or the member's term expires, whichever comes first. (2) The appointment of a person under subsection (1) is not affected by the tribunal member returning to less than full duty.

73 (1) If a tribunal member resigns or their appointment expires, the chair may authorize the person to continue to exercise powers as a tribunal member in any proceeding over which that person had jurisdiction immediately before the end of the person's term as a tribunal member. (2) An authorization under subsection (1) continues until a final decision in that proceeding is made. (3) If an individual performs duties under subsection (1),

section 75 [remuneration and benefits for members] applies. 73.1 An act of the tribunal is not invalid because of a defect that is afterwards discovered in the appointment of a chair, vice chair or member. 74 The Lieutenant Governor in Council may not terminate the appointment of the chair, a vice chair or another tribunal member except for cause. 75 (1) The minister must, in accordance with the general directives of the Treasury Board, set the remuneration for tribunal members. (2) In accordance with the general directives of the Treasury Board, tribunal members must be reimbursed for reasonable travelling and out-of-pocket expenses necessarily incurred in carrying out their duties.

76 Employees necessary to carry out the powers and duties of the tribunal may be appointed under the Public Service Act. 77 (1) The chair may engage or retain consultants or specialists the tribunal considers necessary to exercise the powers and perform the duties of the tribunal under this Act and may determine their remuneration. (2) Without limiting subsection (1), the chair may engage or retain persons to conduct facilitated settlement. (3) The Public Service Act does not apply to a person engaged or retained under this section. Division 2 — Tribunal Organization and Operations
78 (1) The chair is responsible for the effective management and operation of the tribunal and for the organization and allocation of work among the tribunal members.

(2) Without limiting the authority of the chair, the chair may do any or all of the following:
(a) establish divisions of the tribunal for the purpose of providing efficient and effective dispute resolution services in accordance with the mandate of the tribunal or providing expertise in relation to particular subject matters;
(b) establish a code of practice and performance expectations for tribunal members;
(c) establish templates that are to be used by tribunal members in preparing orders, final decisions and formal written reasons;
(d) establish a process for receiving and dealing with complaints from the public respecting the tribunal. 79 (1) The chair may establish panels of one, two or three tribunal members.

(2) If a panel has more than one member,
(a) the chair must designate one of the members as chair of the panel, and
(b) a decision of a majority of the members of a panel is a decision of the tribunal and, in the case of a tie, the decision of the chair of the panel governs. (3) There is no restriction on the number of panels that may be engaged in tribunal hearings at the same time. (4) If a member of a panel is unable for any reason to complete the member's duties, the remaining members of that panel, with consent of the chair of the tribunal, may continue to hear and determine the dispute, and the vacancy does not invalidate the proceeding.

80 The chair is responsible for the assignment of
81 For the purposes of evaluating and improving its services under this Act, the tribunal may conduct surveys in the course of or after providing those services.

82 (1) As soon as practicable after the end of the fiscal year of the government, the tribunal must submit to the minister an annual report on the activities of the tribunal, including information respecting the following:
(a) a review of the operation of the tribunal during the preceding fiscal year;
(b) performance indicators for the preceding fiscal year, including details of the number, nature, time to resolution and outcome of disputes that came before the tribunal during that year;
(c) details of the number and nature of disputes before the tribunal that were outstanding at the end of the preceding fiscal year;
(d) results of surveys conducted under

section 81 [service improvement surveys];
(e) details of any trends or special problems that emerged during the preceding fiscal year;
(f) forecasts of the workload of the tribunal in the present fiscal year;
(g) plans for improving the operation of the tribunal in the present fiscal year. (2) After receiving an annual report under subsection (1), the minister must
(a) promptly lay the report before the Legislative Assembly if it is then sitting, or
(b) if the Legislative Assembly is not sitting, file the report with the Clerk of the Legislative Assembly. Division 3 — Tribunal Duties and Protection
83 Tribunal members must faithfully, honestly and impartially perform their duties.

"protected function" means
(a) the consideration of requests for tribunal resolution,
(b) the case management phase in relation to a dispute, or
(c) a tribunal hearing in relation to a dispute;
"protected person" means a tribunal member, a case manager or other tribunal officer, or a person conducting facilitated settlement. (2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected person, the tribunal or the government because of anything done or omitted
(a) in the exercise or intended exercise of any power under this Act in relation to a protected function, or
(b) in the performance or intended performance of any duty under this Act in relation to a protected function.

(3) Subsection (2) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith. Division 1 — Information and Confidentiality
85 (1) The tribunal must make the following information available to the public, including by making it available on the internet:
(a) the rules of practice and procedure for the tribunal;
(b) any practice directives of the tribunal;
(c) fees that are payable in relation to services provided by the tribunal;
(d) the final decisions of the tribunal under

section 46 [tribunal must give final decision following hearing], except final decisions in respect of parties in default. (2) The tribunal may make the following available to the public, including by making it available on the internet:
(a) information respecting disputes that are current tribunal proceedings, including, without limiting this, the parties and claims in the disputes and the status of the tribunal proceedings;
(b.1) the final decisions of the tribunal under

section 46 in respect of parties in default;
(c) formal written reasons for final decisions or a record of such reasons. 86 (1) The tribunal must protect personal information in its custody or under its control by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal. (a) publication under

section 85 [publication of tribunal orders and other information], or
(b) otherwise providing or making accessible information or records referred to in

section 90 [application of Freedom of Information and Protection of Privacy Act] or other tribunal information or records,
the tribunal may remove or obscure personal information or replace personal information with anonymous identifiers. 87 Except in the performance of their duties under this Act,
(b) a person acting on behalf of or under the direction of a tribunal officer, or
(c) a person engaged or retained to provide facilitated settlement
must not disclose to any person confidential information obtained in the discharge of those duties. 88 (1) The persons referred to in

section 87 (a) to (c) [tribunal members and staff obligations of confidentiality] must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about information or records obtained in the discharge of their duties under this Act. (2) Despite subsection (1), the tribunal may produce to the court the record of the part of a tribunal proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.

89 (1) Subject to this section, a person must not disclose or be compelled to disclose the following in a court proceeding or other legally binding process:
(a) any information or record provided by one party to another, and any communication made by one party to another, in the course of using the online dispute resolution services or facilitated settlement services of the tribunal;
(b) any information obtained or record prepared by a party specifically for the purpose of resolving the dispute through dispute resolution services referred to in paragraph (a). (2) Subsection (1) does not apply
(a) if the parties to the dispute consent to the disclosure,
(b) in a criminal proceeding, or
(c) in relation to a communication that threatens bodily harm.

(3) Nothing in this section prevents a party from introducing into evidence in any proceeding information or records produced in the course of the dispute resolution services referred to in subsection (1) (a) that are otherwise producible or compellable in those proceedings. 90 (1) The Freedom of Information and Protection of Privacy Act, other than

section 44 (1) (b), (2), (2.1) and (3) [powers of commissioner in conducting investigations, audits or inquiries], does not apply to any of the following:
(a) information and records in the custody or under the control of the tribunal that were obtained or created in the course of
(i) receiving and dealing with requests for tribunal resolution under

section 4 [asking the tribunal to resolve a claim], or
(ii) online dispute resolution services or facilitated settlement services of the tribunal;
(b) the collection of personal information about an individual, without consent or from a source other than the individual, as part of the processes under sections 4 and 7;
(c) access from outside Canada by way of electronic communication tools provided by the tribunal;
(d) records kept by a person referred to in

section 87 (a) to (c) [tribunal member and staff obligations of confidentiality] in providing online dispute resolution services or facilitated settlement services;
(e) a personal note, communication or draft decision of a person referred to in

section 87 (a) to (c) in relation to the resolution of a dispute;
(f) information obtained, including evidence received, by the tribunal or a tribunal officer in a tribunal proceeding;
(g) an electronic recording of a tribunal hearing or a transcription of a tribunal hearing;
(h) an order of the tribunal, a final decision of the tribunal, formal written reasons for a final decision or a record of such reasons, to which public access is provided by the tribunal. (2) Subsection (1) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.

90.1 Part 3 [Clustering] of the Administrative Tribunals Act applies to the tribunal. 91

Section 5 [general offence for contravening enactment] of the Offence Act does not apply to a contravention of this Act or regulations under this Act. 92 (1) A person who provides false or misleading evidence or other information in a tribunal proceeding commits an offence and is liable on conviction to a fine of $10 000 or imprisonment for term not longer than 6 months, or both. (2) A person is not guilty of an offence under this section if the person establishes that, at the time the information was provided, the person did not know that it was false or misleading and exercised reasonable care and diligence in providing the information. 93 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting any matter for which the tribunal may make rules, including prescribing rules of practice and procedure for the tribunal;
(b) repealing or amending a rule made by the tribunal;
(b.1) prescribing an event and the number of days in relation to the event for the purposes of

section 13.5 [time limit — determination of extent of responsibility for accident];
(d) establishing a monetary amount as the maximum tribunal small claim amount for the purposes of

section 118 (1) [claims within jurisdiction of tribunal for tribunal small claims];
(e) establishing a monetary amount as the tribunal limit amount for the purposes of

section 132 [definitions for Division — accident claims];
(e.1) respecting claims referred to in

section 133 (1) (a) and (d) [claims within jurisdiction of tribunal for accident claims], including respecting any matters required to be proven and the onus of proof with respect to any matters required to be proven;
(e.2) prescribing insurers for the purposes of

section 133 (1) (d);
(f) prescribing fees that are to be paid under this Act for services provided or anything done by the tribunal;
(g) respecting any other matter for which regulations are contemplated by this Act. (h) to (m) [Repealed 2018-17-30.] (2.1)

Section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations] of the Administrative Tribunals Act applies to the tribunal. (3) Regulations of the Lieutenant Governor in Council under this Act may be different for different classes of claim categories, disputes, claims, issues, parties, events, insurers and circumstances, as established by the regulations. (4) In addition to the authority under subsection (3), regulations of the Lieutenant Governor in Council in relation to
(a) strata property claims may be different for different classes, as established by regulation, of strata lots and strata corporations, as defined in

section 1 (1) of the Strata Property Act,
(b) cooperative association claims may be different for different classes, as established by regulation, of associations, as defined in

section 1 (1) of the Cooperative Association Act, and
(c) society claims may be different for different classes, as established by regulation, of societies, as defined in

section 1 of the Societies Act. Part 10 — Tribunal Jurisdiction
113 The tribunal does not have jurisdiction over any of the following:
(a) a constitutional question;
(b) a claim in a class of claims prescribed by regulation as being excluded from the jurisdiction of the tribunal. 114 For the purposes of this Act,

section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code] of the Administrative Tribunals Act applies to the tribunal. 115 (1) If, under

section 1 (3), the tribunal has exclusive jurisdiction in respect of a claim category, or a class of claims in a claim category, the tribunal has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising under this Act or required to be determined by the tribunal under this Act, and to make any order permitted by this Act to be made, in respect of the claim category or the class of claims in the claim category.

(2) A decision of the tribunal made in a claim in respect of which the tribunal has exclusive jurisdiction is final and binding on the parties, except the decision may be judicially reviewed in accordance with Part 5.1 [Judicial Review of Tribunal Decisions]. 116 (1) If, under

section 1 (4), the tribunal is to be considered to have specialized expertise in respect of a claim category, or a class of claims in a claim category, the tribunal is to be considered to have specialized expertise to inquire into, hear and determine all those matters and questions of fact, law and discretion arising under this Act or required to be determined by the tribunal under this Act, and to make any order permitted by this Act to be made, in respect of the claim category or the class of claims in the claim category.

(2) A decision of the tribunal made in a claim in respect of which the tribunal is to be considered to have specialized expertise is final and binding on the parties, except the decision may be judicially reviewed in accordance with Part 5.1 [Judicial Review of Tribunal Decisions]. Division 2 — Referenced Claims
117 If another enactment gives the tribunal jurisdiction in relation to a claim, the provisions of this Act are subject to that enactment. Division 3 — Tribunal Small Claims
118 (1) Except as otherwise provided in

section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction to resolve a claim for relief in the nature of one or more of the following, if the amount of the claim is less than or equal to an amount, in respect of the Small Claims Act, prescribed by regulation as the maximum tribunal small claim amount:
(b) recovery of personal property;
(c) specific performance of an agreement relating to personal property or services;
(d) relief from opposing claims to personal property. (2) An initiating party may adjust the initiating party's claim to fit within the maximum tribunal small claim amount prescribed under subsection (1).

(3) The maximum tribunal small claim amount prescribed under subsection (1) may not exceed the amount prescribed by the Lieutenant Governor in Council under

section 3 [claims the Provincial Court may hear] of the Small Claims Act. 119 The tribunal does not have jurisdiction under this Division in a claim
(a) for libel, slander or malicious prosecution, or
(b) despite

section 9 [government as party], for or against the government. Division 4 — Strata Property Claims
120 In this Division, words and expressions have the same meaning as in the Strata Property Act or a regulation under that Act. 121 (1) Except as otherwise provided in

section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction over a claim, in respect of the Strata Property Act, concerning one or more of the following:
(a) the interpretation or application of the Strata Property Act or a regulation, bylaw or rule under that Act;
(b) the common property or common assets of a strata corporation;
(c) the use or enjoyment of a strata lot;
(d) money owing, including money owing as a fine, under the Strata Property Act or a regulation, bylaw or rule under that Act;
(e) an action or threatened action by a strata corporation, including the council, in relation to an owner or tenant;
(f) a decision of a strata corporation, including the council, in relation to an owner or tenant;
(g) the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.

(2) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division. 122 (1) The tribunal does not have jurisdiction in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Strata Property Act:
(a)

section 89 [removal of claim of lien after purchase from owner developer];
(e)

section 117 [forced sale of owner's strata lot to collect money owing];
(g)

section 160 [court orders if strata corporation decides not to repair or replace damaged property];
(h)

section 173 (2) [court order when special levy resolution receives more than 1/2 but less than 3/4 of votes];
(i)

section 174 [appointment of administrator for strata corporation];
(j)

section 208 [orders respecting requests from leasehold landlords];
(k)

section 209 [leasehold landlord's remedies on leasehold tenant's default];
(l) the following provisions of Part 13 [Phased Strata Plans]:
(i)

section 226 (1) (c) and (d) [release of security for common facilities];
(ii)

section 232 [amendment of declaration to extend time for election];
(iii)

section 233 [other amendments respecting Phased Strata Plan Declaration];
(iv)

section 235 [orders if owner developer elects not to proceed with next phase];
(v)

section 246 [order for amendment of Schedule of Unit Entitlement];
(n) the following provisions of Part 16 [Cancellation of Strata Plan and Winding Up of Strata Corporation]:
(i)

section 273.1 [confirmation by court of winding-up resolution — without liquidator];
(iii)

section 278.1 [confirmation by court of winding-up resolution — with liquidator];
(iv)

section 284 [application for court order to wind up strata corporation]. (2) The tribunal does not have jurisdiction in relation to any of the following:
(a) a claim to which Part 5 [Resolving Disputes] or 5.1 [Administrative Penalties] of the Residential Tenancy Act or Part 6 [Resolving Disputes] or 6.1 [Administrative Penalties] of the Manufactured Home Park Tenancy Act applies;
(b) a claim to which all parties have agreed that the Arbitration Act will apply. 123 (1) In resolving a strata property claim, the tribunal may make one or more of the following orders:
(a) an order requiring a party to do something;
(b) an order requiring a party to refrain from doing something;
(c) an order requiring a party to pay money.

section 121 (1) (e) to (g), the tribunal may make an order directed at the strata corporation, the council or a person who holds 50% or more of the votes, if the order is necessary to prevent or remedy a significantly unfair action, decision or exercise of voting rights. (3) Despite subsections (1) and (2), the tribunal may not make the following orders:
(a) an order requiring the sale or other disposition of a strata lot;
123.1 Despite the repeal of

section 56.5 [appeal to Supreme Court] of this Act, that section, as it read immediately before its repeal, continues to apply in respect of a strata property claim with an initiating notice given before January 1, 2019. Division 5 — Cooperative Association Claims
124 In this Division, words and expressions have the same meaning as in the Cooperative Association Act or a regulation under that Act. 125 (1) Except as otherwise provided in

section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute over a claim, in respect of the Cooperative Association Act, in relation to a housing cooperative or a community service cooperative, concerning one or more of the following:
(a) the interpretation or application of the Cooperative Association Act or a regulation, memorandum or rule under that Act, including a request to examine or take extracts from, or to receive a copy of, a record of an association;
(b) an action or threatened action by the association or its directors in relation to a member;
(c) a decision of the association or its directors in relation to a member.

(2) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division. 126 (1) The tribunal does not have jurisdiction under this Division in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Cooperative Association Act:
(a) the following provisions of Parts 4 [Finance] and 5 [Association Alterations]:
(i)

section 66 [redeeming shares, loans to members, paying dividends];
(ii)

section 71 [no pledge or disposition of association's undertaking without consent];
(b) the following provisions of Part 6 [Management]:
(i)

section 91 (5) [disclosure to members and investment shareholders];
(iii)

section 102 [court ordered indemnification];
(c) the following provisions of Part 9 [Court Proceedings and Investigations]:
(i)

section 156 [court proceedings on member's or investment shareholder's application];
(iii)

section 157 [court's power to restrain breach or require compliance];
(v)

section 159.3 [remedying corporate mistakes];
(d) the following provisions of Part 11 [Special Purpose Associations]:
(i)

section 172 [court order of possession — application by housing cooperative];
(ii)

section 172.1 [court order of possession — application by member];
(iii)

section 175 [breach of contract]. (2) The tribunal does not have jurisdiction under this Division in relation to a claim that is in respect of any of the following matters or provisions of the Cooperative Association Act:
(a) a matter relating to the termination of membership in the association, including under the following:
(i) sections 34 to 39 [provisions relating to termination of membership];
(ii)

section 171 [right to possession terminated];
(b) a matter relating to the winding up, liquidation, dissolution or restoration of an association, including under the following:
(i)

section 173 [special provisions on dissolution or winding up of a housing cooperative];
(ii)

section 178.1 [community service cooperative];
(iii) Part 14 [Winding up, Dissolution and Restoration];
(e) Part 13 [Continuation, Amalgamation];
(3) The tribunal does not have jurisdiction under this Division in relation to any of the following:
(a) a claim that is an appeal of a direction, decision, order, ruling or refusal of the registrar;
(b) a claim to which Part 5 [Resolving Disputes] or 5.1 [Administrative Penalties] of the Residential Tenancy Act applies or Part 6 [Resolving Disputes] or 6.1 [Administrative Penalties] of the Manufactured Home Park Tenancy Act applies;
(c) a claim to which all parties have agreed that the Arbitration Act will apply.

127 (1) In resolving a cooperative association claim, the tribunal may make one or more of the following orders:
(a) an order requiring a party to do something, including requiring the association to provide access to, or a copy of, a record of the association;
(c) an order requiring a party to pay money. (2) In resolving a cooperative association claim brought to the tribunal under

section 125 (1) (b) or (c), the tribunal may make an order directed at the association or its directors, if the order is necessary to prevent or remedy an unfairly prejudicial action or decision. (3) Despite subsections (1) and (2), the tribunal may not make the following orders:
(a) an order requiring the sale or other disposition of real property;
128 In this Division, words and expressions have the same meaning as in the Societies Act or a regulation under that Act. 129 (1) Except as otherwise provided in

section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute over a claim, in respect of the Societies Act, concerning one or more of the following:
(a) the interpretation or application of the Societies Act or a regulation, constitution or bylaw under that Act, including a request to inspect, or to receive a copy of, a record of a society;
(b) an action or threatened action by the society or its directors in relation to a member;
(c) a decision of the society or its directors in relation to a member. (2) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division.

130 (1) The tribunal does not have jurisdiction under this Division in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Societies Act:
(a) the following provisions of Part 5 [Management]:
(i)

section 59 [directors' liability for money or other property distributed];
(iv)

section 80 [powers of court respecting general meetings];
(d) the following provisions of Part 12 [Special Societies]:
(i)

section 193 [altering constitution to become member-funded society];
(ii)

section 194 [other restrictions on becoming member-funded society];
(iii)

section 205 [injunction]. (2) The tribunal does not have jurisdiction under this Division in relation to a claim that is in respect of any of the following matters or provisions of the Societies Act:
(a) a matter relating to the termination of membership in the society;
(b) a matter relating to the liquidation, dissolution or restoration of a society, including under Part 10 [Liquidation, Dissolution and Restoration], except

section 143 (1) (b) [duties of liquidator];
(c) Part 7 [Corporate Reorganizations];

131 (1) In resolving a society claim, the tribunal may make one or more of the following orders:
(a) an order requiring a party to do something, including requiring the society to provide access to, or a copy of, a record of the society;
(c) an order requiring a party to pay money. (2) In resolving a society claim brought to the tribunal under

section 129 (1) (b) or (c), the tribunal may make an order directed at the society or its directors, if the order is necessary to prevent or remedy an unfairly prejudicial action or decision. (3) Despite subsections (1) and (2), the tribunal may not make the following orders:
132 In this Division:
"accident",
(a) except in respect of the benefits referred to in

section 133 (1) (a) or a determination of responsibility referred to in section 133 (1) (d), has the same meaning as in section 101 [definitions and interpretation] of the Insurance (Vehicle) Act,
(b) in respect of the benefits referred to in

section 1.1 [definitions] of the Insurance (Vehicle) Act for benefits payable under Part 1 of that Act, and
(ii)

section 113 [definitions] of the Insurance (Vehicle) Act for benefits payable under Part 10 of that Act, and
(c) in respect of a determination of responsibility referred to in

section 133 (1) (d) of this Act, has the same meaning as in section 1.1 of the Insurance (Vehicle) Act;
"benefits" has the same meaning as in

section 1 of the Insurance (Vehicle) Act;
"Insurance Corporation of British Columbia" means the Insurance Corporation of British Columbia continued by the Insurance Corporation Act;
"insurer" has the same meaning as in

"minor injury" has the same meaning as in

section 101 of the Insurance (Vehicle) Act;
"tribunal limit amount" means the amount prescribed by regulation as the maximum amount that the tribunal may award in an accident claim in accordance with

section 133 (1) (c) of this Act. 133 (1) Except as otherwise provided in

section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute, in respect of an accident, over a claim concerning one or more of the following:
(a) the determination by an insurer of entitlement to benefits paid or payable under the Insurance (Vehicle) Act;
(b) the determination of whether an injury is a minor injury for the purposes of the Insurance (Vehicle) Act;
(c) liability and damages, if the amount, including loss or damage to property related to the accident but excluding interest and any expenses referred to under

section 49 [order for payment of expenses], is less than or equal to the tribunal limit amount;
(d) the determination by the Insurance Corporation of British Columbia or a prescribed insurer of the extent to which the initiating party is responsible for the accident. (2) For the purposes of this Act, the tribunal
(a) has exclusive jurisdiction in respect of claims described in subsection (1) (a) or (b) of this section, and
(b) is to be considered to have specialized expertise in respect of claims described in subsection (1) (c) or (d) of this section. (3) For certainty, a person may make a request for tribunal resolution in more than one tribunal proceeding relating to an accident.

134 (1) The tribunal does not have jurisdiction in relation to a claim that may be dealt with, by a court, under any of the following provisions of the Insurance (Vehicle) Act:
(a)

section 18 (2) [financial responsibility in other provinces];
(c)

section 79 [defence if more than one contract]. (2) The tribunal does not have jurisdiction in relation to the following:
(a) a claim relating to liability and damages claimed under the Family Compensation Act in respect of a death;
(b) a claim to which the Arbitration Act applies;
(c) a claim under this Division in respect of an accident that occurred before April 1, 2019. 135 (1) It is presumed that the amount, including loss or damage to property related to the accident but excluding interest and any expenses referred to in

section 49 [order for payment of expenses], that will be awarded for a minor injury in an accident claim described in section 133 (1) (c) is less than or equal to the tribunal limit amount unless a party establishes on the basis of satisfactory evidence that there is a substantial likelihood that the damages will exceed the tribunal limit amount. (2) If a case manager, during case management, or the tribunal, during a tribunal proceeding, determines that the damages in an accident claim described in

section 133 (1) (c) would likely exceed the tribunal limit amount,
(a) subject to the rules, the case manager or the tribunal may, on request of all parties to a dispute, provide to the parties a non-binding neutral evaluation of the likely amount of damages, and
(i) the parties may not disclose the evaluation
(B) if the evaluation is provided by the case manager, to the tribunal, and
(ii) the parties may request a dismissal order in accordance with

section 22 [parties may request consent dismissal order], or
(b) a party may request that the claim be continued in the Supreme Court. (3) For certainty, subsections (1) and (2) do not limit the tribunal's authority to refuse to resolve a claim that is not within the tribunal's jurisdiction. (4) If a party brings or continues any proceeding in the Supreme Court in respect of liability and damages in relation to an accident and the settlement or award is less than the tribunal limit amount, the costs, including disbursements, that may be ordered are limited to an amount that would have been permitted in the tribunal proceeding by order of payment of expenses under

Section 134 (2) (c) does not limit the tribunal's jurisdiction in relation to the Small Claims Act in respect of a claim that involves an accident that occurred before April 1, 2019. (2) If, before the coming into force of this section, the tribunal had jurisdiction in respect of a claim described in subsection (1), the claim is to continue before the tribunal as a tribunal small claim under Division 3 [Tribunal Small Claims] of this Part.

Division 8 — Intimate Image Protection Claims
136.1 In this Division, words and expressions have the same meaning as in the Intimate Images Protection Act and the regulations under that Act, with the exception that "claim" means an application, rather than a claim, as used in that Act and the regulations under that Act. 136.2 (1) Except as otherwise provided in

section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction over a claim that is an application made under section 5 [application for expedited intimate image protection order] of the Intimate Images Protection Act, including all related matters. (2) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division. 136.3 In resolving an intimate image protection claim, including all related matters, and whether or not the tribunal has made or cancelled other orders relating to the same intimate image, the tribunal may make or cancel one or more of the orders referred to in

section 5 of the Intimate Images Protection Act. 136.4 (1) The following provisions of this Act do not apply respecting a claim under this Division:
(a)

section 2 (3) (a) [encouragement of resolution by agreement between parties];
(b)

section 85 (1) (d) [publication of tribunal orders and other information]. (2) For the purposes of a claim that is an application made under

section 5 [application for expedited intimate image protection order] of the Intimate Images Protection Act, including all related matters,
(a)

section 17 (1) is to be read as requiring case management, at the discretion of the tribunal, subject to this Act and the rules, and
[Repealed 2015-16-39.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 21;
"lease" means a valid and subsisting lease issued under

section 18;
"licence" means a valid and subsisting licence issued under

section 12;
"location" means the area of land specified in a licence or lease;
"owner" means
(a) the government for land owned by the government,
(b) a person registered in the land title office as the registered owner of the surface area or as its purchaser under an agreement for sale, and
(c) a person to whom a disposition of Crown land has been issued under the Land Act;
"produce" means mining and removing coal for use, marketing or sale;
"protected heritage property" has the meaning in the Mineral Tenure Act;
"recorded holder" means a person whose name appears as the owner of a coal licence or coal lease on the record of that title in the chief gold commissioner's office;
"surface area" means surface area of land;
"unit" means a unit as defined under the Petroleum and Natural Gas Act.

2 (1) A recorded holder may enter, occupy and use coal land and prospect for, explore for, develop and produce coal.

(2) The right of entry under subsection (1) does not extend to any of the following:
(a) land occupied by a building;
(b) the curtilage of a dwelling house;
(c) protected heritage property, except as authorized by the minister or local government responsible for the protection of the heritage property;
(3) Unless the location is one of the following, a land use designation or objective does not preclude application by a recorded holder for any form of permission, or approval of that permission, required in relation to mining activity by the recorded holder:
(a) an area in which mining is prohibited under the Environment and Land Use Act;
(b) a park under the Park Act or a regional park under the Local Government Act;
(c) a park or ecological reserve under the Protected Areas of British Columbia Act;
(d) an ecological reserve under the Ecological Reserve Act;
(i) the area is designated under

section 93.1 of the Land Act for a purpose under that section, and
(ii) the order under that section making the designation, or an amendment to the order, precludes the application by the recorded holder;
(f) a protected heritage property. (4) Despite this or any other Act, the minister may restrict the use of surface rights by a person who holds a licence if, after inspection and giving reasonable notice to that person, the minister considers that the surface area is so situated that it should be used for purposes other than mining. (5) If surface rights are restricted under subsection (4), the minister must serve the licensee with a notice of the restriction. (6) No compensation is payable as a result of a restriction under subsection (4).

3 (1) A recorded holder must not begin the exploration for or development or production of coal unless the recorded holder first gives notice, in the prescribed form and manner and within the prescribed period, to every owner of surface area on which the recorded holder intends to carry out that activity. (2) A recorded holder is liable to pay compensation to the owners of surface area for loss or damage caused by the recorded holder entering, occupying or using the surface area.

(3) On application of a recorded holder or owner, the Surface Rights Board under the Petroleum and Natural Gas Act has authority to settle disputes arising from rights acquired under this Act in respect of entry, use or occupation, security, rent and compensation and, for this purpose, Parts 16 and 17 of the Petroleum and Natural Gas Act apply. (4) In an arbitration under subsection (3) involving a conflict between rights acquired under this Act and rights acquired under the Land Act, the Surface Rights Board must take into account which of the rights were applied for first and must give the holder of those rights some priority in its consideration of the dispute between the parties.

(5) A copy of an order made by the Surface Rights Board under subsection (3) may be filed at any time in a Supreme Court registry and enforced as if it were an order of the court. 4 (1) If, after the coming into force of this section, the minister responsible for the administration of the Park Act expropriates under

section 11 of the Park Act the rights of the licensee under a licence or of the lessee under a lease, compensation is payable to the licensee or lessee, as the case may be, in an amount equal to the value of the rights expropriated, to be determined under the regulations. (2) If the minister responsible for the administration of this Act and the licensee or lessee, as the case may be, do not agree as to the amount of compensation that is payable under subsection (1), the minister, the licensee or the lessee may require the dispute to be settled by a single arbitrator who has the prescribed qualifications and is to be appointed by the minister.

(3) The award of the single arbitrator appointed by the minister responsible for the administration of this Act is binding on the parties to the arbitration. 5 (1) A recorded holder may surrender any of the following by notifying the minister:
(a) a licence or part of a licence;
(b) a lease or part of a lease. (2) A refund of fees or rentals must not be paid as a result of a surrender under subsection (1). 6 (1) A provision in a disposition by a recorded holder that has the effect of dividing the interest in the licence or lease on the basis of the stratification, physical position or characteristics of the coal under the location is void.

(2) A grantee under a disposition of a licence or lease, or part of it, must
(a) record the document effecting the disposition with the chief gold commissioner, and
(b) pay for the recording a fee the Lieutenant Governor in Council may prescribe. (3) As between the parties to a document referred to in subsection (2), failure to record the document does not invalidate the document. (4) A disposition of a licence or lease, or of an interest in either of them, is not enforceable and must not be recorded unless the disposition is in writing and signed by the transferor or by the transferor's agent as authorized in writing.

7 (1) If a licence or lease expires, is surrendered or is cancelled under this Act, the former licensee or former lessee, not more than 12 months after the date of the expiry, surrender or cancellation, and subject to the consent of the chief gold commissioner, may enter the location and remove any mining plant, machinery, personal property and other material placed by the former licensee or former lessee on the location. (2) If a licensee or lessee has complied with this Act, the regulations and the licence or lease and paid to the government all money due by the licensee or lessee under this Act and the Mines Act, the chief gold commissioner must not refuse to consent.

(3) Any mining plant, machinery, personal property or other material not removed within the 12 month period specified in subsection (1) is vested in the government on order of the chief gold commissioner, and the chief gold commissioner, on behalf of the government, may take possession of and sell it or otherwise dispose of it subject to the terms the chief gold commissioner considers appropriate. 8 (1) A licensee, a lessee or a person exploring for, developing or producing coal on land other than coal land, must submit to the minister the information or data required by regulation, respecting the exploration, development and production of coal.

(2) If a licence or lease expires, is surrendered or is cancelled under this Act, the licensee or lessee, not more than 90 days after the date of the expiry, surrender or cancellation, must submit to the minister the information or data required under subsection (1) as if the licence or lease were valid and subsisting. 9 (1) A licensee, under this Act and the licence, has the exclusive rights
(a) to explore for and develop coal on the licence location, and
(b) with the approval of the chief inspector appointed under the Mines Act, to mine and remove those quantities of coal the licensee may reasonably require for testing, to a maximum of 100 000 tonnes.

(2) A licensee is entitled to explore for and develop only the coal that is inside the boundaries, continued vertically downward, of the licence location.

(3) The holder of a licence is entitled
(a) to enter, occupy and use the surface area of the location for the purpose of exploring for and developing coal on the location,
(b) subject to entering into an agreement in the form of a free use permit under the Forest Act or a licence to cut under that Act, to use and remove timber that, at the time the holder of the licence enters into the agreement, is on the location, and
(c) to the non-exclusive right to use sand, gravel and rock from the location for use on the location for a construction purpose approved under the Mines Act, without the necessity of obtaining under the Land Act a licence, lease, permit or other authorization.

10 (1) A licensee must be issued a special use permit under the Forest Practices Code of British Columbia Act, subject to any terms and conditions set by the issuing authority, for the construction of appropriate access to the area of that licence for mining exploration, if the licensee
(a) is the holder of a permit under the Mines Act for the mining exploration,
(b) applies for and receives the written approval of the Chief Inspector of Mines to the issue under the Forest Practices Code of British Columbia Act of the special use permit, and
(c) applies under the Forest Practices Code of British Columbia Act for the special use permit.

(2) For the purpose of this section, the Chief Inspector of Mines, after considering practicable alternative means of access, may grant or refuse the written approval referred to in subsection (1) (b). 11 (1) The boundaries of every new or amended licence location must conform to the regulations under the Petroleum and Natural Gas Act that define the petroleum and natural gas grid, unless the minister orders otherwise. (2) A licence location must be located or must be acquired from the government in accordance with the regulations. (3) The licence location must consist of adjoining units and must not include more than 20 units. (4) A recorded holder, by notifying the minister, may reduce the size of the licence location as prescribed by regulation.

(5) The recorded holder is not entitled to any compensation or refund of the annual rental as a result of reducing the size of a licence location under subsection (4). 12 (1) A person may apply to the minister for a licence, in the form and manner the minister specifies. (2) An application must be accompanied by all of the following:
(a) the prescribed application fee;
(b) a prescribed rent in respect of the location;
(c) a plan and description of the location under

section 11. (3) On receipt of an application that complies with subsection (2), the minister may issue a licence to the applicant containing terms and conditions required by the minister. (4) If the minister does not issue a licence, the minister must refund the rent paid under subsection (2) (b). 13 (1) A licence is valid for a term of one year from the date of its issue. (2) If a licensee complies during the term of the licence with every provision of this Act and the licence, the minister, on application by the licensee under this section, must extend the term of the licence for further one year terms.

(3) The application must be made before the licence expires and must be accompanied by all of the following:
(a) a prescribed rent in respect of the location;
(b) the information and data required under

section 8 (1). (4) If an application is made under subsection (2) and the licensee satisfies the minister that it is impracticable to file the information and data required under subsection (3) (b), the minister may allow the licensee to file the information and data during a period not exceeding 90 days from the date of the application. 14 If a licensee has not applied under

section 13 (2) to extend the term of the licence, the licensee, not more than 30 days after the date the licence expires and on payment of the prescribed late application fee, may apply under section 13 (2) to extend the term of the licence. 15 On application of a licensee, the minister may change the anniversary date of a licence, and if the minister changes the date, the rent must be prorated for the terms affected by the change. 16 (1) Subject to subsection (2), a lessee has the exclusive right, in accordance with this Act and the lease, to explore for, develop and produce coal on the lease location.

(2) Subject to subsection (3), a lessee does not acquire, under the lease, any right, title or interest in the surface area of the lease location.

(3) If the surface area of a lease location is owned by the government and is used or occupied by the lessee, the lessee is entitled
(a) to enter, occupy and use the surface area of the location to produce coal,
(b) subject to entering into an agreement in the form of a free use permit under the Forest Act or a licence to cut under that Act, to use and remove timber that, at the time the holder of the lease enters into the agreement, is on the location, and

17 (1) The boundaries of a lease location must conform to the boundaries of licence locations. (2) The lease location may contain one or more units. (3) The minister may require an applicant under

section 18
(a) to have the lease location surveyed by a British Columbia land surveyor, and
(b) to file a copy of the survey notes and plots of the survey with the Surveyor General. 18 (1) A licensee or lessee may apply for a lease, in the form and manner the minister specifies. (2) An application under subsection (1) must be made to the minister and must be accompanied by all of the following:

(d) a plan of operations showing the exploration, development and production to be carried out on the location during the term of the lease, supported by the data, feasibility studies and other information the minister may require to evaluate the application. (3) If the minister is satisfied that the application is made in accordance with subsections (1) and (2), the minister must issue a lease, containing terms and conditions required by the minister, to the applicant. 19 (1) Subject to a contrary provision in this Act, a lease is valid for the term requested by the applicant, not to exceed 30 years from the date of its issue.

(2) If a lessee complies during the term of the lease with every provision of this Act and the lease, the minister, on application by the lessee under this section, must extend the lease for terms requested by the lessee, not to exceed 15 years from the date the extension is issued. (3) An application under subsection (2) must be made before the term of the lease expires, in the form and manner the minister specifies, and must be accompanied by all of the following:
(a) the application fee, if prescribed;
(c) the information or data the minister requires to evaluate the application.

(4) Despite any provision of a lease and on the request of the recorded holder, the minister may extend the term of a lease subject to the terms and conditions respecting the extension that the minister considers appropriate. 20 A lessee must pay to the government, in advance of the year for which it is payable, a prescribed rent in respect of the location. 21 (1) The chief gold commissioner, by regulation, may designate an area of coal land as a coal land reserve.

(2) Unless a regulation designating coal land as a coal land reserve provides otherwise,
(a) a person must not explore for, develop or produce coal on a coal land reserve, and
(b) a licence or lease must not be issued for a coal land reserve. (3) The chief gold commissioner, by regulation, may cancel at any time all or part of a coal land reserve subject to the terms and conditions the chief gold commissioner prescribes. 22 A recorded holder must notify the chief gold commissioner of a change in the holder's permanent address.

23 (1) If service of a notice, an order or another document is required under this Act, the notice, order or document is deemed to have been served
(a) if served on the person, or
(b) if sent by registered mail to the last known address of the person. (2) If service is by registered mail, the notice, order or other document is deemed to be served on the eighth day after posting. (3) This section does not apply if a court orders another mode of service. 24 The Association of British Columbia Land Surveyors may make rules under

section 75 of the Land Surveyors Act respecting the surveying of land and locations under this Act. 25 (1) If a recorded holder does not comply with any of the following, the minister may notify the recorded holder by registered mail of the failure to comply and may require the recorded holder to comply within the period specified in the notice:
(a) this Act or a licence or lease under it;
(b) the Mines Act or a permit under it.

(2) If the failure to comply is not remedied to the satisfaction of the minister within the time specified in a notice under subsection (1), the minister, by order, may
(a) suspend the operations of the recorded holder until the default is remedied,
(b) refuse to renew any licence or lease held by the recorded holder until the recorded holder complies, and
(c) after the failure of the recorded holder to remedy the default during a period of suspension ordered under paragraph (a), cancel the licence or lease. 26 (1) The Lieutenant Governor in Council may make regulations referred to in

(a) respecting the transportation, storage, use, examination and analysis of core samples;
(b) respecting the confidentiality of information required to be supplied under the regulations;
(c) respecting the technical qualifications required by a person who prepares reports describing technical activity or who supervises the preparation of those reports;
(d) empowering the chief gold commissioner to waive the requirements prescribed under paragraph (c) in prescribed circumstances;
(d.1) respecting notices and periods for the purposes of

section 4,
(i) determining value and defining the components that comprise value,
(ii) prescribing methods of evaluation for use in determining value, that may differ according to different components of value,
(iii) prescribing factors to be taken into account in an evaluation,
(iv) defining the role of evaluators in a determination of value and prescribing qualifications for evaluators that are prerequisite to their participation in the determination of value, and
(v) prescribing the qualifications for a single arbitrator referred to in

section 4;
(f) respecting the submission of reports to the minister relating to coal exploration activities;
(g) respecting fees and rentals to be paid under this Act and the method of calculating fees and rentals;
(h) respecting units and coal licences, including a reduction in the size of a licence;
(i) defining a word or phrase used but not defined in this Act. 27 (1) The minister, by order, may establish any form required, and any procedural rule for the use of a form required, under this Act.

(2) If the minister considers that a person, through no fault of the person, is unjustly prejudiced by a time limit or requirement under this Act, the minister, by order, may extend the time limit whether or not it has expired. 28 A person commits an offence who does any of the following:
(a) explores for, develops or produces coal other than under this Act;
(b) contravenes a provision of this Act or the regulations;
(c) refuses to submit any information required under this Act;
(d) makes, assents to or acquiesces in making a false or deceptive return of any information required under this Act. 29 (1) In this section, "former Act" means the Coal Act, R.S.B.C. 1996, c. 51. (2)

Section 19 of this Act does not apply to a lease issued under section 24 of the former Act. (3) A lease issued under

section 24 of the former Act must not be renewed and no compensation is payable for the loss of any right to renew the lease. (4) Subsection (3) does not prevent a person from applying under

section 12 of this Act for a licence, or under section 18 of this Act for a lease, in respect of a location for which the person held a lease under section 24 of the former Act. (5) This section is repealed on a date to be set by regulation of the Lieutenant Governor in Council. Consequential Amendments and Repeal
34 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

section 10 of the Mines Act;
"National Instrument 43-101" means Standards of Disclosure for Mineral Projects published by the Canadian Securities Administrators;
"sample" means any material collected for analysis, testing or investigation. 2 (1) The following information or data is confidential:
(a) information or data on methane desorption tests that is submitted in a separate document under

section 3;
(b) information or data on the matters referred to in

section 3 that is included in a separate coal analysis submitted under that section for washed coal samples;
(c) information or data submitted under

section 6 (f) to (m) in support of an application for a lease under section 18 of the Act. (2) Information or data not referred to in subsection (1) that is contained in a submission is confidential for a period of 3 years after the date that the information or data was submitted. (3) Despite subsections (1) and (2), information or data referred to in those subsections is not confidential
(a) if it relates to a lease that has expired or been cancelled,
(b) if it relates to a licence
(i) that has expired or been cancelled, and
(ii) the term of which has not, within 30 days after that expiry or cancellation, been extended under

section 14 of the Act,
(c) if and to the extent that a court of competent jurisdiction orders that disclosure of the information or data must or may be made, or
(d) if and to the extent that a written consent is provided by
(i) the holder of the licence or lease to which the information or data relates, or
(ii) the person exploring for or developing coal on freehold land who submits the information or data. 2.1 (1) A recorded holder must not begin the exploration for or development or production of coal until 8 days after giving notice, in accordance with subsections (2) to (4), to every owner of the surface area on which the recorded holder intends to carry out that activity.

(2) The notice must include the following information:
(a) the name and address of the recorded holder;
(b) the name and address of the person responsible for operations on the site where the exploration for or development or production of coal will occur;
(c) a map, or the equivalent in a written description, of the surface area in which the exploration for or development or production of coal will occur;
(d) identification of the dates on which the exploration for or development or production of coal will occur;
(e) a description of the exploration for or development or production of coal that will occur on the dates referred to in paragraph (d);
(f) the approximate number of people who will be working on the site when the exploration for or development or production of coal occurs.

(3) The notice is deemed to be given to
(a) an owner referred to in subsection (1) who is not the government if
(i) mailed to the owner's mailing address as shown on any record relating to the current ownership of the surface area in the land title office or the British Columbia Assessment Authority,
(ii) sent by facsimile transmission to a fax number provided by the owner as an address for notification purposes,
(iii) sent by e-mail to an e-mail address provided by the owner as an address for notification purposes, or
(iv) hand delivered to the owner, or
(i) mailed, sent by facsimile transmission or e-mailed to the chief inspector as defined in the Mines Act, or
(ii) hand delivered to the chief inspector as defined in the Mines Act.

(4) A notice that is given to an owner under subsection (3) (a) (i) to (iii) or (b) (i) is conclusively deemed to have been given 8 days after it is mailed, faxed or e-mailed. (5) A recorded holder required to give notice under subsection (1) must, in accordance with subsections (2) to (4), give amended notice to every owner referred to in subsection (1) if
(a) there are changes to the dates identified in subsection (2) (d) affecting more than 7 days, or
(b) there are substantial changes to the description of the exploration for or development or production of coal referred to in subsection (2) (e).

(6) The recorded holder referred to in subsection (5) must not begin the exploration for or development or production of coal as set out in the amended notice until 8 days after the notice is given under subsection (5). [en. B.C. Reg. 78/2008, Sch. A.] 3 (1) A person referred to in sections 8, 13 and 18 of the Act must submit to the minister by the due date referred to in this section information and data in the form and manner approved by the minister and sufficient for consideration of the submission by the minister for the purposes of the relevant section of the Act.

(2) For the purposes of subsection (1), the information and data must
(a) clearly document, at suitable scales, the specific type, amount, date and location of all original exploration and development conducted on coal exploration lands in relation to the boundaries of the location, and submit the results of the exploration and development in the form of text, maps, diagrams, logs, cross-sections, tables and spreadsheets necessary to describe, illustrate, explain and interpret the exploration and development,
(b) include a statement of costs and, if requested by the minister, receipts for those costs,
(c) include, as appropriate, written descriptions of the materials, media and coal horizons mapped or sampled including interpretation of field observations and post-survey data processing,
(d) for all drilling activity, trenches, pits and adits, include
(i) a surface location or geological and sampling map of all sites,
(ii) a comprehensive log of each hole, trench, pit or adit and all associated data,
(iii) collar and down-hole surveys, lithological, stratigraphic, structural, geophysical or digital photographic logs, and
(iv) complete analytical and testing results of all samples, core and cuttings keyed to the logs, and
(e) provide an estimate of coal reserves and resources that conforms with the standards set by National Instrument 43-101.

section 8 (2) of the Act as a result of an expiry, a surrender or a cancellation of a licence or lease, the information and data required under subsections (1) and (2) of this section must be submitted to the minister as follows:
(a) for a licence extension, with the application or on another date allowed by the minister under

section 13 (4) of the Act;
(b) for a lease, on or before the anniversary date of the lease in each year;
(c) for a person exploring for or developing coal on freehold land, on or before March 31 in each year.

4 (1) For the purposes of sections 8, 13 and 18 of the Act,
(a) information and data that deals with exploration and development must be prepared by or under the supervision of a person who is qualified in the subject matter of the submission and registered under the Professional Governance Act as a professional engineer or professional geoscientist, and
(b) a report of information and data on physical and chemical analyses and investigations, beneficiation and metallurgical testing must be signed by a qualified analyst and must include a statement of the analyst's qualifications.

(2) Despite subsection (1), the chief gold commissioner may accept information and data prepared by a person
(a) who, in the opinion of the chief gold commissioner, is qualified by training or experience in the subject matter of that part of the submission, and
(b) whose qualifications are set out in the submission. [am. B.C. Reg. 11/2021, App. 3, s. 2.] 5 For the purposes of

section 11 (4) of the Act, a recorded holder of a licence may not reduce the size of a licence location unless
(a) the reduced location will have at least one unit,
(b) if the reduced location consists of two or more units, the units are adjoining, and
(c) the reduction does not result in any internal voids or open areas in the location. 6 For the purposes of

section 18 (2) (d) of the Act, the minister may require the following information or data in respect of the lands over which a lease is sought:
(a) details of coal and surface rights held by the applicant;
(b) the history of previous production, a record of any previously submitted information and data, and a list of applications made under the Mines Act in respect of the lands over which a lease is sought;
(c) maps of the lands over which a lease is sought on a scale of less than 1:50 000 showing topography, general geology, outcrops, drill hole collars, excavations, principal coal seams, area of development and other workings;
(d) information on the nature of strata adjacent to the coal seams and on faults, washouts and other significant geological features that may influence mining conditions and results;
(e) a description of the principal coal seams deduced from drilling data or other observation, setting out
(i) the dimensions of the coal seams,
(ii) the attitude of the coal seams,
(iv) the geological configuration of the coal seams, and
(v) the quality of the coal in the coal seams;
(f) a categorization, subdivided, if feasible, into metallurgical and thermal coal and further into measured, indicated and inferred classes, of coal reserves present in the lands over which a lease is sought;
(g) estimates of actual mineable coal reserves in the lands over which a lease is sought, adequately illustrated by maps and stratigraphic and structural cross-sections;
(h) the parameters, methodology and other supporting data used to calculate the reserves and resources referred to in paragraphs (f) and (g), and if the minister requires the parameters, methodology and other supporting data, they must be prepared in compliance with National Instrument 43-101;
(i) short and long range plans, in general terms, for exploration and development on the lands over which a lease is sought;
(j) a summary of preproduction work to be done during the term of the proposed lease;
(k) if analyses have been performed, information and data must be prepared in accordance with

section 3;
(l) a description of coal treatment and preparation facilities to be built during the term of the proposed lease;
Table of Fees
The following fees and rents are payable under the sections of the Act indicated in this table. [Provisions relevant to the enactment of this regulation: Coal Act, S.B.C. 2004, c. 15, s. 26.] Copyright © King's Printer, Victoria, British Columbia, Canada

Section 3 of Township 15, Range 23, West of the 6th meridian; thence easterly along the southerly boundary of said township and that of Township 15, Range 22, West of the 6th meridian, to the westerly boundary of the watershed of Guichon (Mamit) Creek; thence northerly and easterly along said boundary to the easterly boundary of Township 19, Range 22, West of the 6th meridian; thence northerly along said easterly boundary and that of Township 20 of said Range 22 to the northerly bank of the Thompson River; thence easterly along said riverbank to the southeasterly corner of Lot 2457, Kamloops Land District; thence northwesterly along the easterly boundary of Lot 2457 and that of the Deadman Creek Indian Reserve to the West boundary of Township 21, Range 21, West of the 6th meridian; thence northerly along said boundary and that of Township 22, Range 21, to the southwest corner of Section 18 thereof; thence easterly along the southerly boundaries of Sections 18, 17, 16, 15, 14 and 13 of said township and the southerly boundary of Section 18 of Township 22, Range 20, West of the 6th meridian, to the southeast corner of Section 18; thence northerly following the easterly boundaries of Sections 18, 19, 30 and 31 to the North boundary of said Township 22; thence easterly along said boundary to the easterly boundary of the watershed of Criss Creek; thence in a general northeasterly direction along said boundary to the northerly boundary of Township 23, Range 18, West of the 6th meridian; thence westerly along said boundary to the southeast corner of Section 1, Township 24, Range 19; thence northerly, westerly and northerly following the easterly boundary of Section 1, the northerly boundaries of Sections 1 and 2, and the easterly boundary of Section 10, respectively, to the northeast corner of Section 10; thence easterly for a distance of 4.56 chains, more or less, to the post set by survey at the southerly extremity of the surveyed easterly boundary of the Lillooet Land District; thence northerly along said boundary a distance of 65 miles and 50.58 chains, more or less, to the northeast corner of Lillooet Land District, being a point on the 52nd parallel of North latitude, as established by survey upon the ground, 46.75 chains, more or less, easterly from mile-post 60 set on said parallel; thence due East to the westerly boundary of the watershed of the streams flowing into the Clearwater River North of the mouth of Mahood River; thence northerly along the westerly boundary of the watershed of the Clearwater River to the northerly boundary thereof; thence southeasterly along said northerly boundary and that of the watershed of the North Thompson River to the most easterly point thereon which lies due West of the southwest corner of Lot 7383, Cariboo Land District; thence East to said corner; thence easterly along the southerly boundary of Lot 7383 and the northerly boundary of Lot 3103, Kamloops Land District, to the northeast corner of Lot 3103; thence due East to the westerly boundary of the watershed of the Canoe River; thence in a southerly direction along said boundary to the southerly boundary of the watershed of Foster Creek; thence easterly along said boundary to the Canoe River and continuing easterly across the Canoe River to and along the southerly boundary of the watershed of Baker Creek to the easterly boundary of the Province; thence northwesterly and northerly along said Provincial boundary to the point of commencement.

6 All that portion of British Columbia contained within the following boundaries is to be known as the County of Kootenay:
Commencing at the point of intersection of the southerly boundary of the Province with the westerly boundary of the watershed of July Creek; thence northerly along said boundary to the intersection thereof with the southerly boundary of Lot 1580(S), Similkameen Division of Yale Land District; thence easterly, northerly and westerly along the boundaries of said lot to the northeast corner of Lot 1579(S); thence westerly along the northerly boundary of Lot 1579(S) to the southeast corner of Lot 2376(S); thence northerly along the easterly boundaries of Lots 2376(S), 2374(S), 2500(S), 2499(S), and 515(S) to the southerly boundary of Lot 1695; thence easterly, northerly and westerly along the boundaries of Lot 1695 to the easterly boundary of Lot 2702; thence northerly along said boundary to the southerly boundary of Lot 1776; thence easterly, northerly and westerly along the boundaries of Lot 1776 to the easterly boundary of Lot 2702; thence northerly along said boundary to and along the easterly boundary of Lot 3251, and continuing northerly along the easterly boundary of Lot 2702 to the southwesterly boundary of Lot 3550; thence northwesterly and northeasterly along the westerly boundaries of Lots 3550 and 3306, respectively, to the intersection thereof with the easterly boundary of Lot 2702; thence northerly along said boundary to the intersection thereof with the southerly boundary of Lot 252; thence easterly and northerly along the boundaries of said lot to the southwest corner of Lot 1098; thence easterly along the southerly boundaries of Lots 1098 and 1067(S) to the southwest corner of Lot 1053; thence easterly and northerly along the boundaries of Lots 1053, 1052, and 750(S), respectively, to the southwest corner of Lot 1222; thence northerly along the westerly boundaries of Lots 1222 and 1439(S) and the northerly prolongation thereof to the point due East of the summit of Pelly Mountain; thence West to said summit; thence northerly along the westerly boundary of the watershed of Granby River to the southerly boundary of Lot 3005(S); thence easterly, northerly and westerly along the boundaries of said lot to the intersection thereof with the aforesaid westerly boundary of the watershed of Granby River — all the lots herein above mentioned with suffix "(S)" being in Similkameen Division of Yale Land District and all other lots hereinabove mentioned being in Similkameen (formerly Osoyoos) Division of Yale Land District; thence northerly and easterly along the westerly and northerly boundaries of the watershed of Granby River to the westerly boundary of the watershed of Lower Arrow Lake; thence northerly along said boundary to the southerly boundary of Lot 4252, Osoyoos Division of Yale Land District; thence easterly along said boundary to the southeast corner thereof; thence due East to the point due South of the southeast corner of Lot 2151, Osoyoos Division of Yale Land District; thence North to said corner and continuing northerly along the easterly boundary of said lot and the prolongation thereof to the westerly boundary of the watershed of the Arrow Lakes; thence northerly along said boundary to the northerly boundary of the watershed of Pingston Creek; thence easterly and southerly along the northerly and easterly boundaries of the watershed of said creek and the northerly and easterly boundaries of the watershed of Bannock Creek to a point due West of the northeast corner of Lot 8312, Kootenay Land District; thence East to said corner; thence southerly along the westerly boundaries of Lots 8312 and 12898 to the high-water mark on the shore of Shelter Bay; thence southeasterly in a straight line to the middle line of Upper Arrow Lake; thence northerly along said middle line to a point due West of the middle line of Galena Bay at the entrance thereto; thence East to said middle line; thence northeasterly along the middle line of Galena Bay to a point due West of the southwest corner of Lot 2110; thence East to said corner; thence easterly along the southerly boundaries of Lots 2110 and 7819 to the westerly boundary of Lot 7818; thence southerly and easterly along the westerly and southerly boundaries of said lot to the southeast corner thereof; thence due East to the southerly boundary of the watershed of Mackenzie Creek; thence southerly and northeasterly along the westerly and southerly boundaries of the watershed of Mackenzie Creek and the southerly boundary of the watershed of Hill Creek to the westerly boundary of the watershed of Beaton Creek; thence northerly along said boundary to the intersection thereof with the southerly boundary of Lot 11332; thence easterly along the southerly boundaries of Lots 11332, 505, 7960 and 7961 to the southeast corner of Lot 7961; thence northerly and westerly along the boundaries of Lots 7961, 7958 and 504, respectively, and the northerly boundary of Lot 503 to the northwest corner thereof; thence due West to the easterly boundary of the watershed of Town Creek — all the lots herein above mentioned beginning with Lot 8312 being in Kootenay Land District; thence northerly along said boundary to and along the easterly boundary of the watershed of Akolkolex River and the southerly and easterly boundaries of the watershed of Albert Creek produced to the middle line of Illecillewaet River; thence easterly along said middle line to the westerly boundary of the watershed of Tangier River; thence northerly along said boundary to and along the northerly boundary of the watershed of Woolsey Creek to the northerly boundary of the watershed of La Forme Creek; thence westerly along said boundary to the left bank of Columbia River; thence westerly across said river to and along the height of land between 2 unnamed creeks to the northerly boundary of the watershed of Jordan River; thence westerly along said boundary to the easterly boundary of the watershed of Perry River; thence northerly along the easterly and northerly boundaries of the watershed of said river to the westerly boundary of the watershed of Columbia River; thence northerly along said boundary and that of the watershed of Canoe River to the southerly boundary of the watershed of Foster Creek; thence easterly along said boundary produced to the middle line of Canoe River; thence up-stream in a northerly direction along said middle line to the westerly production of the southerly boundary of the watershed of Baker Creek; thence easterly to and along said boundary to the easterly boundary of the Province; thence in a southeasterly direction along said Provincial boundary to the southeast corner of the Province; thence westerly along the southerly boundary of the Province to the point of commencement.

7 All that portion of British Columbia contained within the following boundaries is to be known as the County of Nanaimo:
Commencing at the point of intersection of the 51st parallel of North latitude with the westerly boundary of the Province; thence East along said parallel to the northwesterly prolongation of the middle line of Gordon (New) Channel; thence southeasterly to and along said middle line and the middle lines of Queen Charlotte Strait, George Passage, Blackfish Sound, Blackney Passage, and Johnstone Strait (passing to the South of Helmcken, Walkem and Turn Islands) to the southwesterly prolongation of the middle line of Nodales Channel; thence northeasterly to and along said middle line produced to the middle line of Cordero Channel; thence southeasterly along said middle line (passing to the South of Dent and Gillard Islands and of all islets adjacent thereto) and the middle lines of Yucalta Rapids, Calm Channel and Lewis Channel to continue southerly to and along the middle line of False Passage (passing to the West of Kinghorn Island and to the East of the Powell Islands) to the middle line of the Strait of Georgia; thence southeasterly along the middle line of the Strait of Georgia to the point thereon due East of the northerly end of Hornby Island; thence in a straight line to the northerly end of the middle line of Sabine Channel; thence southeasterly along said middle line (passing to the East of Jervis and Jedidiah Islands) and the extension thereof to the point due East of the southerly end of Lasqueti Island; thence due South to the middle line of the Strait of Georgia and southeasterly along said middle line to the first point of contact with the southerly boundary of the Province; thence in a westerly direction in the Strait of Georgia to and along the middle line of Porlier Pass and passing thence to and around the westerly extremity of Reid Island to the middle line of the main channel separating Thetis and Kuper Islands from Norway and Secretary Islands; thence in a general southerly direction along said middle line to continue southeasterly to and along the middle lines of Stuart Channel, Sansum Narrows, and Satellite Channel to the northerly prolongation of the middle line of Saanich Inlet; thence southerly to and along said middle line to the point thereon which lies due East of the southeast corner of Fractional

Section 1, Range 9, Shawnigan Land District, being a point on high-water mark of Mill Bay; thence West to said corner; thence westerly along the southerly boundaries of Sections 1 in Ranges 9, 8, 7, 6, 5, 4 and 3, all of Shawnigan Land District, to the point of junction of the southerly boundary of Section 1, Range 3, with the easterly shore of Shawnigan Lake; thence westerly in a straight line to the point of junction of the westerly shore of said lake with the southerly boundary of Section 1, Range 2, Shawnigan Land District; thence westerly along said boundary to the easterly boundary of Lot 106, Malahat Land District; thence northerly, westerly and southerly along the boundaries of Lot 106 to the southerly boundary of Section 1, Range 1, Shawnigan Land District; thence westerly along said boundary and that of Lot 34, Helmcken Land District, to the southwest corner of Lot 34; thence due West to the easterly boundary of Lot 38, Helmcken Land District; thence southerly and westerly along the boundaries of said lot to the southwest corner thereof; thence southerly and westerly along the boundaries of Lot 17, Helmcken Land District, to the easterly boundary of Lot 9, Helmcken Land District; thence southerly, westerly and northerly along the boundaries of Lot 9 to the northwest corner thereof, being a point on the easterly boundary of Lot 162, Malahat Land District; thence northerly and westerly along the boundaries of Lot 162 to the northwest corner thereof; thence due North to the line drawn due West from the southwest corner of Lot 34, Helmcken Land District; thence due West to the easterly boundary of Section 1, Helmcken Land District; thence southerly and westerly along the boundaries of Section 1 to the southeasterly boundary of Lot 48G, Helmcken Land District; thence southwesterly and northwesterly along the boundaries of Lot 48G to the southerly boundary of Section 1, Helmcken Land District; thence westerly and northerly along the boundaries of Section 1 to the point thereon which lies due West of the southwest corner of Lot 34, Helmcken Land District; thence due West to the most westerly boundary of the Esquimalt and Nanaimo Railway Company's Land Grant; thence northwesterly along said boundary to the middle line of the Nitinat River; thence southwesterly following said middle line and the middle lines of Nitinat Lake and the outlet of said lake produced to the westerly boundary of the Province; thence northwesterly along said boundary to the point of commencement.

8 All that portion of British Columbia contained within the following boundaries is to be known as the County of Prince Rupert:
Commencing at the northwesterly corner of the Province; thence easterly along the northerly boundary of the Province to the 126th meridian of West longitude; thence South along said meridian to the northerly boundary of the watershed of the Peace River; thence westerly, southerly, and southeasterly along the boundary of the watershed of the Peace River to the point thereon which lies due North of mile-post 34 as set on the 55th parallel of North latitude as established by survey upon the ground; thence South to said mile-post; thence westerly along said surveyed parallel to the 125th meridian of West longitude; thence South along said meridian to the northerly boundary of Indian Reserve No.

2 (Soyandostar); thence easterly and southerly along the boundaries of said Indian reserve to the southeast corner thereof, being a point on the northerly shore of Trembleur Lake; thence easterly, southerly, and westerly following the shore of said lake to the 125th meridian; thence South along said meridian to the northerly boundary of Lot 3654, Range 5, Coast Land District; thence westerly and southerly along the boundaries of Lot 3654 to the more northerly southwest corner thereof; thence due South to meet the line drawn due West from the more southerly southwest corner of Lot 3654; thence East to the 125th meridian; thence South along said meridian to the northerly boundary of Lot 2842; thence easterly and southerly along the boundaries of Lot 2842 to the southeast corner thereof, being a point on the northerly shore of Stuart Lake; thence westerly along said shore to the 125th meridian; thence South along said meridian to the northerly boundary of Lot 4953; thence easterly along said boundary to the northeast corner of Lot 4953; thence southerly along the easterly boundaries of Lots 4953 and 4952 to the southeast corner of Lot 4952, being a point on the northerly shore of Whitefish Lake; thence westerly, southerly and easterly along the shore of said lake to the 125th meridian; thence South along said meridian to the northerly boundary of Lot 4951; thence easterly and southerly along the boundaries of Lot 4951 to the northerly boundary of Lot 5034; thence westerly, southerly and easterly along the boundaries of Lot 5034 to the 125th meridian; thence South along said meridian to the northerly boundary of Lot 3257; thence easterly along said boundary of Lot 3257 to the northeast corner thereof; thence southerly along the easterly boundaries of Lots 3257, 3254, 3832, 6399 and 5989 to the southeast corner of Lot 5989; thence westerly along the southerly boundary of Lot 5989 to the southwest corner thereof; thence southerly along the westerly boundaries of Lots 5998 and 2495 to the southwest corner of Lot 2495; thence easterly along the southerly boundary of Lot 2495 to the 125th meridian; thence South along said meridian to the northerly boundary of Lot 2570; thence easterly and southerly along the boundaries of Lot 2570 to the southeast corner thereof; thence westerly and southerly along the boundaries of Lot 2571 to the southwesterly corner thereof, being a point on the northerly bank of the Stellako River; thence in a straight line to the northeast corner of Lot 2563; thence southerly following the easterly boundary of Lot 2563 to the southeast corner thereof, being a point on the northerly shore of Francois Lake — the lots herein above mentioned, beginning with Lot 3654, being in Range 5, Coast Land District; thence easterly, southerly and westerly along the shore of said lake to the northwesterly corner of Lot 1677, Range 4, Coast Land District; thence southerly and easterly along the boundaries of Lot 1677 to the 125th meridian; thence South along said meridian to the 53rd parallel of North latitude as established by survey upon the ground; thence westerly along said survey parallel to mile-post 93 as set thereon; thence due West to the Cascade Mountains, as defined by the Interpretation Act; thence southeasterly along the Cascade Mountains to the point thereon which lies due North of the northeast corner of Lot 459, Range 3, Coast Land District; thence South to said corner; thence southerly following the easterly boundary of said lot and the westerly boundaries of Lots 575 and 576 to the southwest corner of Lot 576; thence due West to the westerly boundary of the watershed of the Klinaklini River; thence in a general southwesterly direction along said boundary to the southerly boundary of the watershed of Machmell River; thence westerly along said southerly boundary to the westerly boundary of the watershed of Seymour River; thence southerly along said westerly boundary to the southerly boundary of the watershed of the streams flowing northerly into Long Lake, Wyclees Lagoon and Takush River; thence in a general westerly direction along said boundary to the point thereon which is nearest to the northeast corner of Lot 241, Range 2, Coast Land District; thence in a straight line to said corner; thence following the northerly and westerly boundaries of Lot 241 and the easterly and southerly boundaries of Lot 239, Range 2, Coast Land District, to the southwest corner of Lot 239; thence westerly following the shore of Queen Charlotte Strait to Cape Caution; thence southwesterly in a straight line in Queen Charlotte Strait to the point of intersection of the northwesterly prolongation of the middle line of Gordon (New) Channel with the 51st parallel of North latitude; thence West along said parallel to the westerly boundary of the Province; thence in a general northwesterly direction along said westerly boundary to the point of commencement.

9 All that portion of British Columbia contained within the following boundaries is to be known as the County of Vancouver:
Commencing at the most northerly point of contact of the middle line of the Strait of Georgia with the southerly boundary of the Province; thence northeasterly in a straight line in the Strait of Georgia to the westerly extremity of the middle line of the main stream of the Fraser River; thence in an easterly direction along said middle line (passing to the South of Duck, Barber and Kirkland Islands, to the North of Lot 471, Group 2, New Westminster Land District, to the North of Deas Island, and to the South of Lots 516 and 517, both of Group 1 of said land district) to and along the middle line of Annacis Channel (passing to the North of Patrick Island) to the southerly prolongation of the westerly boundary of Lot 758, Group 1, New Westminster Land District; thence northerly to and along said westerly boundary produced to the middle line of the North Arm of the Fraser River; thence westerly along said middle line to the southerly prolongation of the easterly boundary of Lot 331; thence northerly along said prolongation to and along said easterly boundary and the easterly boundaries of Lots 335, 339, 49, 36 and of the Hastings Townsite produced to the middle line of Burrard Inlet; thence easterly along said middle line to the southerly prolongation of the middle line of Indian Arm; thence northerly to and along said middle line and that of Indian River (passing to the East of Lot 177 and Croker Island and to the West of Boulder and Racoon Islands) to that point on said middle line of Indian River which lies due East of the southeast corner of Lot 2029 — all the lots herein above mentioned being in Group 1, New Westminster Land District; thence due East to the easterly boundary of the watershed of the Indian River; thence northerly along said boundary and the easterly boundaries of the watersheds of the Mamquam, Cheakamus, and Green Rivers to the point thereon which lies due East of the post set by survey upon the parallel of North latitude of 50º14' about 8 chains West of the Soo River; thence West to said survey-post; thence on a bearing of N45ºW to the northerly boundary of the watershed of Soo River; thence westerly along said boundary to the easterly boundary of the watershed of the streams flowing westerly and southerly into Howe Sound and into Jervis and Toba Inlets; thence northwesterly following said boundary to the Cascade Mountains, as defined by the Interpretation Act; thence northwesterly along the Cascade Mountains to the point thereon which lies due North of the northeast corner of Lot 459, Range 3, Coast Land District; thence South to said corner; thence southerly following the easterly boundary of said lot and the westerly boundaries of Lots 575 and 576 to the southwest corner of Lot 576; thence due West to the westerly boundary of the watershed of the Klinaklini River; thence in a general southwesterly direction along said boundary to the southerly boundary of the watershed of Machmell River; thence westerly along said southerly boundary to the westerly boundary of the watershed of Seymour River; thence southerly along said westerly boundary to the southerly boundary of the watershed of the streams flowing northerly into Long Lake, Wyclees Lagoon and Takush River; thence in a general westerly direction along said boundary to the point thereon which is nearest to the northeast corner of Lot 241, Range 2, Coast Land District; thence in a straight line to said corner; thence following the northerly and westerly boundaries of Lot 241 and the easterly and southerly boundaries of Lot 239, Range 2, Coast Land District, to the southwest corner of Lot 239; thence westerly following the shore of Queen Charlotte Strait to Cape Caution; thence southwesterly in a straight line in Queen Charlotte Strait to the point of intersection of the northwesterly prolongation of the middle line of Gordon (New) Channel with the 51st parallel of North latitude; thence southeasterly to and along said middle line and the middle line of Queen Charlotte Strait, George Passage, Blackfish Sound, Blackney Passage and Johnstone Strait (passing to the South of Helmcken, Walkem and Turn Islands) to the southwesterly prolongation of the middle line of Nodales Channel; thence northeasterly to and along said middle line produced to the middle line of Cordero Channel; thence southeasterly along said middle line (passing to the South of Dent and Gillard Islands and of all islets adjacent thereto) and the middle lines of Yucalta Rapids, Calm Channel and Lewis Channel to continue southerly to and along the middle line of False Passage (passing to the West of Kinghorn Island and to the East of the Powell Islands) to the middle line of the Strait of Georgia; thence southeasterly along the middle line of the Strait of Georgia to the point thereon due East of the northerly end of Hornby Island; thence in a straight line to the northerly end of the middle line of Sabine Channel; thence southeasterly along said middle line (passing to the East of Jervis and Jedidiah Islands) and the extension thereof to the point due East of the southerly end of Lasqueti Island; thence due South to the middle line of the Strait of Georgia and southeasterly along said middle line to the point of commencement.

10 All that portion of British Columbia contained within the following boundaries is to be known as the County of Victoria:
Commencing at the southeast corner of Fractional

Section 1, Range 9, Shawnigan Land District, being a point on the high-water mark of Mill Bay, Saanich Inlet; thence westerly following the southerly boundaries of Section 1 in Ranges 9, 8, 7, 6, 5, 4 and 3, all of Shawnigan Land District, to the point of junction of the southerly boundary of Section 1, Range 3, with the easterly shore of Shawnigan Lake; thence westerly in straight line to the point of junction of the westerly shore of said lake with the southerly boundary of Section 1, Range 2, Shawnigan Land District; thence westerly along said boundary to the easterly boundary of Lot 106, Malahat Land District; thence northerly, westerly and southerly along the boundaries of Lot 106 to the southerly boundary of Section 1, Range 1, Shawnigan Land District; thence westerly along said southerly boundary and that of Lot 34, Helmcken Land District, to the southwest corner of Lot 34; thence due West to the easterly boundary of Lot 38, Helmcken Land District; thence southerly and westerly along the boundaries of said lot to the southwest corner thereof; thence southerly and westerly along the boundaries of Lot 17, Helmcken Land District, to the easterly boundary of Lot 9, Helmcken Land District; thence southerly, westerly and northerly along the boundaries of Lot 9 to the northwest corner thereof, being a point on the easterly boundary of Lot 162, Malahat Land District; thence northerly and westerly along the boundaries of Lot 162 to the northwest corner thereof; thence due North to the line drawn due West from the southwest corner of Lot 34, Helmcken Land District; thence due West to the easterly boundary of Section 1, Helmcken Land District; thence southerly and westerly along the boundaries of Section 1 to the southeasterly boundary of Lot 48G, Helmcken Land District; thence southwesterly and northwesterly along the boundaries of Lot 48G to the southerly boundary of Section 1, Helmcken Land District; thence westerly and northerly along the boundaries of Section 1 to the point thereon which lies due West of the southwest corner of Lot 34, Helmcken Land District; thence due West to the most westerly boundary of the Esquimalt and Nanaimo Railway Company's Land Grant; thence northwesterly following said boundary to the middle line of the Nitinat River; thence southwesterly following said middle line and the middle lines of Nitinat Lake and the outlet of said lake produced to the westerly boundary of the Province; thence southeasterly and northerly along the boundary of the Province to the most northerly point of said boundary on the middle line of the Strait of Georgia; thence westerly in the Strait of Georgia to and along the middle line of Porlier Pass and passing thence to and around the westerly extremity of Reid Island to the middle line of the main channel separating Thetis and Kuper Islands from Norway and Secretary Islands; thence in a general southerly direction along said middle line to continue southeasterly to and along the middle lines of Stuart Channel, Sansum Narrows, and Satellite Channel to the northerly prolongation of the middle line of Saanich Inlet; thence southerly to and along said middle line to the point thereon which lies due East of the point of commencement; thence West to the point of commencement.

11 All that portion of British Columbia contained within the following boundaries is to be known as the County of Westminster:
Commencing at the most northerly point of contact of the middle line of the Strait of Georgia with the southerly boundary of the Province; thence northeasterly in a straight line in the Strait of Georgia to the westerly extremity of the middle line of the main stream of the Fraser River; thence easterly along said middle line (passing to the South of Duck, Barber and Kirkland Islands, to the North of Lot 471, Group 2, New Westminster Land District, to the North of Deas Island, and to the South of Lots 516 and 517, both of Group 1 of said land district) to and along the middle line of Annacis Channel (passing to the North of Patrick Island) to the southerly prolongation of the westerly boundary of Lot 758, Group 1, New Westminster Land District; thence northerly to and along said westerly boundary produced to the middle line of the North Arm of the Fraser River; thence westerly along said middle line to the southerly prolongation of the easterly boundary of Lot 331; thence northerly along said prolongation to and along said easterly boundary and the easterly boundaries of Lots 335, 339, 49, 36 and of the Hastings Townsite produced to the middle line of Burrard Inlet; thence easterly along said middle line to the southerly prolongation of the middle line of Indian Arm; thence northerly to and along said middle line and that of Indian River (passing to the East of Lot 177 and Croker Island and to the West of Boulder and Racoon Islands) to that point on said middle line of Indian River which lies due East of the southeast corner of Lot 2029 — all the lots herein above mentioned being in Group 1, New Westminster Land District; thence due East to the easterly boundary of the watershed of the Indian River; thence northerly along said boundary and the easterly boundaries of the watersheds of the Mamquam, Cheakamus and Green Rivers to the northerly boundary of the watershed of Billygoat Creek; thence southeasterly following said boundary to the point thereon which lies due West of the northwest corner of Lot 5536, Group 1, New Westminster Land District; thence East to said corner; thence easterly along the northerly boundary of Lot 5536 to the northeast corner thereof; thence due East to the Cascade Mountains, as defined by the Interpretation Act; thence southerly along the Cascade Mountains to the northerly boundary of the watershed of Nahatlatch (Salmon) River; thence easterly along said boundary to the northerly boundary of Township 12, Range 27, West of the 6th meridian; thence easterly along the northerly boundaries of Township 12 in Ranges 27, 26 and 25 West of the 6th meridian to the westerly boundary of the watershed of the Nicola River; thence southerly along said boundary and along the westerly boundaries of the watersheds of the Coldwater and Similkameen Rivers to the northerly boundary of Township 5, Range 23, West of the 6th meridian; thence westerly, southerly and easterly following the boundaries of said Township 5 to the westerly boundary of the watershed of the Similkameen River; thence southerly along said boundary to the southerly boundary of the Province; thence westerly along said boundary to the point of commencement.

12 All that portion of British Columbia contained within the following boundaries is to be known as the County of Yale:
Commencing at the point of intersection of the southerly boundary of the Province with the westerly boundary of the watershed of July Creek; thence northerly along said boundary to the intersection thereof with the southerly boundary of Lot 1580(S), Similkameen Division of Yale Land District; thence easterly, northerly and westerly along the boundaries of said lot to the northeast corner of Lot 1579(S); thence westerly along the northerly boundary of Lot 1579(S) to the southeast corner of Lot 2376(S); thence northerly along the easterly boundaries of Lots 2376(S), 2374(S), 2500(S), 2499(S) and 515(S) to the southerly boundary of Lot 1695; thence easterly, northerly and westerly along the boundaries of Lot 1695 to the easterly boundary of Lot 2702; thence northerly along said boundary to the southerly boundary of Lot 1776; thence easterly, northerly and westerly along the boundaries of Lot 1776 to the easterly boundary of Lot 2702; thence northerly along the said boundary to and along the easterly boundary of Lot 3251, and continuing northerly along the easterly boundary of Lot 2702 to the southwesterly boundary of Lot 3550; thence northwesterly and northeasterly along the westerly boundaries of Lots 3550 and 3306, respectively, to the intersection thereof with the easterly boundary of Lot 2702; thence northerly along said boundary to the intersection thereof with the southerly boundary of Lot 252; thence easterly and northerly along the boundaries of said lot to the southwest corner of Lot 1098; thence easterly along the southerly boundaries of Lots 1098 and 1067(S) to the southwest corner of Lot 1053; thence easterly and northerly along the boundaries of Lots 1053, 1052 and 750(S), respectively, to the southwest corner of Lot 1222; thence northerly along the westerly boundaries of Lots 1222 and 1439(S) and the northerly prolongation thereof to the point due East of the summit of Pelly Mountain; thence West to said summit; thence northerly along the westerly boundary of the watershed of Granby River to the southerly boundary of Lot 3005(S); thence easterly, northerly and westerly along the boundaries of said lot to the intersection thereof with the aforesaid westerly boundary of the watershed of Granby River — all the lots herein above mentioned with suffix "(S)" being in Similkameen Division of Yale Land District and all other lots herein above mentioned being in Similkameen (formerly Osoyoos) Division of Yale Land District; thence northerly and easterly along the westerly and northerly boundaries of the watershed of Granby River to the westerly boundary of the watershed of Lower Arrow Lake; thence northerly along said boundary to the southerly boundary of Lot 4252, Osoyoos Division of Yale Land District; thence easterly along said boundary to the southeast corner thereof; thence due East to the point due South of the southeast corner of Lot 2151, Osoyoos Division of Yale Land District; thence North to said corner and continuing northerly along the easterly boundary of said lot and the prolongation thereof to the westerly boundary of the watershed of the Arrow Lakes; thence northerly along said boundary to the northerly boundary of the watershed of Pingston Creek; thence easterly and southerly along the northerly and easterly boundaries of the watershed of said creek and the northerly and easterly boundaries of the watershed of Bannock Creek to a point due West of the northeast corner of Lot 8312, Kootenay Land District; thence East to said corner; thence southerly along the westerly boundaries of Lots 8312 and 12898 to the high-water mark on the shore of Shelter Bay; thence southeasterly in a straight line to the middle line of Upper Arrow Lake; thence northerly along said middle line to a point due West of the middle line of Galena Bay at the entrance thereto; thence East to said middle line; thence northeasterly along the middle line of Galena Bay to a point due West of the southwest corner of Lot 2110; thence East to said corner; thence easterly along the southerly boundaries of Lots 2110 and 7819 to the westerly boundary of Lot 7818; thence southerly and easterly along the westerly and southerly boundaries of said lot to the southeast corner thereof; thence due East to the southerly boundary of the watershed of Mackenzie Creek; thence southerly and northeasterly along the westerly and southerly boundaries of the watershed of Mackenzie Creek and the southerly boundary of the watershed of Hill Creek to the westerly boundary of the watershed of Beaton Creek; thence northerly along said boundary to the intersection thereof with the southerly boundary of Lot 11332; thence easterly along the southerly boundaries of Lots 11332, 505, 7960 and 7961 to the southeast corner of Lot 7961; thence northerly and westerly along the boundaries of Lots 7961, 7959 and 504, respectively, and the northerly boundary of Lot 503 to the northwest corner thereof; thence due West to the easterly boundary of the watershed of Town Creek — all the lots herein above mentioned beginning with Lot 8312 being in Kootenay Land District; thence northerly along said boundary to and along the easterly boundary of the watershed of Akolkolex River and the southerly and easterly boundaries of the watershed of Albert Creek produced to the middle line of Illecillewaet River; thence easterly along said middle line to the westerly boundary of the watershed of Tangier River; thence northerly along said boundary to and along the northerly boundary of the watershed of Woolsey Creek to the northerly boundary of the watershed of La Forme Creek; thence westerly along said boundary to the left bank of Columbia River; thence westerly across said river to and along the height of land between 2 unnamed creeks to the northerly boundary of the watershed of Jordan River; thence westerly along said boundary to the easterly boundary of the watershed of Perry River; thence northerly along the easterly and northerly boundaries of the watershed of said river to the westerly boundary of the watershed of Columbia River; thence northerly along said boundary and that of the watershed of the Canoe River to the point thereon which lies due East of the northeast corner of Lot 3103, Kamloops Land District; thence West to said corner; thence westerly along the northerly boundary of said lot and the southerly boundary of Lot 7383, Cariboo Land District, to the southwest corner thereof; thence due West to and thence northwesterly along the northerly boundary of the watershed of the North Thompson River and that of the Clearwater River to the westerly boundary of the watershed of the streams flowing into Clearwater River North of the mouth of Mahood River; thence southerly along said boundary to the point thereon which lies due East of the post set at the northeast corner of the Lillooet Land District, being a point on the 52nd parallel of North latitude as established by survey upon the ground, 46.75 chains, more or less, easterly from mile-post 60, set on said parallel; thence southerly along the easterly boundary of said land district a distance of 65 miles and 50.58 chains, more or less, to the post set at a distance of 4.56 chains, more or less, measured easterly from the northeast corner of

Section 10, Township 24, Range 19, West of the 6th meridian; thence westerly to said corner; thence southerly, easterly and southerly following the easterly boundary of Section 10, the northerly boundaries of Sections 2 and 1, and the easterly boundary of Section 1, respectively, to the southeast corner of said Township 24; thence easterly along the northerly boundary of Township 23, Range 18, West of the 6th meridian, to the easterly boundary of the watershed of Criss Creek; thence in a general southwesterly direction along said boundary to the North boundary of Township 22, Range 20, West of the 6th meridian; thence westerly along said boundary to the northeast corner of Section 31 thereof; thence southerly following the easterly boundaries of Sections 31, 30, 19 and 18 of said township to the southeast corner of Section 18; thence westerly following the southerly boundaries of Section 18 and of Sections 13, 14, 15, 16, 17 and 18 of Township 22, Range 21, West of the 6th meridian, to the southwest corner of Section 18; thence southerly along the West boundary of Township 22 and that of Township 21, Range 21, to the easterly boundary of the Deadman Creek Indian Reserve; thence southeasterly following said boundary and that of Lot 2457, Kamloops Land District, to the southeasterly corner of said lot, being a point on the northerly bank of the Thompson River; thence westerly along said riverbank to the easterly boundary of Township 20, Range 22, West of the 6th meridian; thence southerly following said boundary and that of Township 19, Range 22, to the westerly boundary of the watershed of Guichon (Mamit) Creek; thence westerly and southerly along said boundary to the southerly boundary of Township 15, Range 22; thence westerly along said southerly boundary and that of Township 15, Range 23, West of the 6th meridian, to the easterly boundary of Indian Reserve No.

10 (Nooaitch); thence northerly, westerly and southerly along the boundaries of said Indian reserve to the North boundary of Township 14, Range 23, West of the 6th meridian; thence westerly and southerly along said boundaries of said township to the northwesterly boundary of the watershed of Nuaitch Creek; thence southwesterly along said boundary and that of the northwesterly boundary of the watershed of Prospect Creek to the westerly boundary of the watershed of the Nicola River; thence southerly along said boundary and along the westerly boundaries of the watersheds of the Coldwater and Similkameen Rivers to the northerly boundary of Township 5, Range 23, West of the 6th meridian; thence westerly, southerly and easterly following the boundaries of Township 5 to the westerly boundary of the watershed of the Similkameen River; thence southerly along said boundary to the southerly boundary of the Province; thence easterly along said boundary to the point of commencement.

section 533, if an order made under section 530 cannot be conveniently complied with in the territorial division in which the offence would otherwise be tried, the court shall, except if that territorial division is in the Province of New Brunswick, order that the trial of the accused be held in another territorial division in the same province. - R.S., 1985, c. C-46, s. 531
- R.S., 1985, c. 27 (1st Supp.

), s. 203
- 2008, c. 18, s. 21
Marginal note:Saving
532Â Nothing in this Part or the Official Languages Act derogates from or otherwise adversely affects any right afforded by a law of a province in force on the coming into force of this Part in that province or thereafter coming into force relating to the language of proceedings or testimony in criminal matters that is not inconsistent with this Part or that Act.

- 1977-78, c. 36, s. 1
Marginal note:Regulations
533Â The Lieutenant Governor in Council of a province may make regulations generally for carrying into effect the purposes and provisions of this Part in the province and the Commissioner of Yukon, the Commissioner of the Northwest Territories and the Commissioner of Nunavut may make regulations generally for carrying into effect the purposes and provisions of this Part in Yukon, the Northwest Territories and Nunavut, respectively.

- R.S., 1985, c. C-46, s. 533
- 1993, c. 28, s. 78
- 2002, c. 7, s. 144
Marginal note:Review
533.1Â (1)Â Within three years after this section comes into force, a comprehensive review of the provisions and operation of this Part shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

Marginal note:Report
(2)Â The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends. - 2008, c. 18, s. 21.1
534Â [Repealed, 1997, c. 18, s. 63]
PART XVIIIProcedure on Preliminary Inquiry
Jurisdiction
Marginal note:Inquiry by justice
535Â If an accused who is charged with an indictable offence that is punishable by 14 years or more of imprisonment is before a justice and a request has been made for a preliminary inquiry under sub

section 536(4) or 536.1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part. - R.S., 1985, c. C-46, s. 535
- R.S., 1985, c. 27 (1st Supp. ), s. 96
- 2002, c. 13, s. 24
- 2019, c. 25, s. 238
Marginal note:Remand by justice to provincial court judge in certain cases
536Â (1)Â Where an accused is before a justice other than a provincial court judge charged with an offence over which a provincial court judge has absolute jurisdiction under

section 553, the justice shall remand the accused to appear before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed. Marginal note:Election before justice â 14 years or more of imprisonment
(2)Â If an accused is before a justice, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in

section 469, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury.

If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried? Marginal note:Election before justice â other indictable offences
(2.1)Â If an accused is before a justice, charged with an indictable offence â other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in

section 469 that is not punishable by 14 years or more of imprisonment or an offence over which a provincial court judge has absolute jurisdiction under section 553 â, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?

Marginal note:Procedure where accused elects trial by provincial court judge
(3)Â Where an accused elects to be tried by a provincial court judge, the justice shall endorse on the information a record of the election and shall
(a)Â where the justice is not a provincial court judge, remand the accused to appear and plead to the charge before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed; or
(b)Â where the justice is a provincial court judge, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial.

Marginal note:Request for preliminary inquiry
(4)Â If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in

section 469 that is punishable by 14 years or more of imprisonment, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.

Marginal note:Endorsement on the information â accused referred to in subsection (2)
(4.1)Â If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
(a)Â the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and
(b)Â whether the accused or the prosecutor has requested that a preliminary inquiry be held.

Marginal note:Endorsement on the information â other accused charged with an offence punishable by 14 years or more of imprisonment
(4.11)Â If an accused is before a justice, charged with an offence listed in

section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

Marginal note:Endorsement on the information â accused referred to in subsection (2.1)
(4.12)Â If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

Marginal note:Preliminary inquiry if two or more accused
(4.2)Â If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4), a preliminary inquiry must be held with respect to all of them. Marginal note:When no request for preliminary inquiry
(4.3)Â If no request for a preliminary inquiry is made under subsection (4), the justice shall fix the date for the trial or the date on which the accused must appear in the trial court to have the date fixed.

Marginal note:Jurisdiction
(5)Â Where a justice before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice having jurisdiction in the province where the offence with which the accused is charged is alleged to have been committed has jurisdiction for the purposes of subsection (4). - R.S., 1985, c. C-46, s. 536
- 2002, c. 13, s. 25
- 2004, c. 12, s. 9
- 2019, c. 25, s. 239
Marginal note:Remand by justice â Nunavut
536.1Â (1)Â If an accused is before a justice of the peace charged with an indictable offence mentioned in

section 553, the justice of the peace shall remand the accused to appear before a judge. Marginal note:Election before judge or justice of the peace in Nunavut â 14 years or more of imprisonment
(2)Â If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence mentioned in

section 469, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury.

If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried? Marginal note:Election before judge or justice of the peace in Nunavut â other indictable offences
(2.1)Â If an accused is before a judge or justice of the peace, charged with an indictable offence â other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in

section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section 553 â, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?

Marginal note:Request for preliminary inquiry â Nunavut
(3)Â If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury or if an accused is charged with an offence listed in

section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.

(4)Â If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

(4.01)Â If an accused is before a judge or justice of the peace, charged with an offence listed in

section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

(4.02)Â If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

(4.1)Â If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them.

Marginal note:Procedure if accused elects trial by judge â Nunavut
(4.2)Â If no request for a preliminary inquiry is made under subsection (3),
(a)Â if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or
(b)Â if the accused is before a judge, the judge shall
(i)Â if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or
(ii)Â if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial.

Marginal note:Jurisdiction â Nunavut
(5)Â If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purpose of subsection (3). Marginal note:Application to Nunavut
(6)Â This section, and not

section 536, applies in respect of criminal proceedings in Nunavut. - 1999, c. 3, s. 35
- 2002, c. 13, s. 26
- 2004, c. 12, s. 10
- 2019, c. 25, s. 240
Marginal note:Elections and re-elections in writing
536.2Â An election or a re-election by an accused in respect of a mode of trial may be made by submission of a document in writing without the personal appearance of the accused. - 2002, c. 13, s. 27
Procedures before Preliminary Inquiry
Marginal note:Statement of issues and witnesses
536.3Â If a request for a preliminary inquiry is made, the prosecutor or, if the request was made by the accused, counsel for the accused shall, within the period fixed by rules of court made under

section 482 or 482.1 or, if there are no such rules, by the justice, provide the court and the other party with a statement that identifies
(a)Â the issues on which the requesting party wants evidence to be given at the inquiry; and
(b)Â the witnesses that the requesting party wants to hear at the inquiry. - 2002, c. 13, s. 27
- 2011, c. 16, s. 3(F)
- Date modified:

section 114 (1) of the Water Sustainability Act;
"district" includes every drainage or diking district constituted before March 1, 1913 and all land constituted a drainage, diking or development district by order in council under this Part;
"electronic meeting" means a fully electronic meeting or a partially electronic meeting;
"engineer" means the civil engineer appointed by the commissioners under this Part;
"execute" has those meanings appropriate to describe the performance or construction of the particular works referred to in the context, and includes the acquisition of those works in any manner;
"fully electronic meeting" means a meeting in which persons are entitled to participate solely by telephone or other communications medium, as set out in the notice of the meeting, if all persons attending the meeting are able to participate in it, whether by telephone or other communications medium;
"irrigation purpose" has the same meaning as in

section 2 of the Water Sustainability Act;
"judge" means a judge of the Supreme Court;
"land" means all land in a district or proposed district;
"majority in value of the owners" means owners of land in the district or the proposed district, representing in the aggregate more than 50% of the amount of the total assessments against the land in the district or the proposed district as appears by the last revised assessment roll of the district prepared and revised under this Part, or, if there is no assessment roll, then by the last revised Provincial or municipal assessment roll, or, if any parcel of land in the district is not separately shown as assessed by the Provincial or municipal assessment roll in force, the value of that parcel as determined by the comptroller for the purposes of this definition;
(a) the person registered in the register of indefeasible or absolute fees in the land title office as the registered owner of land within a district, and
(b) if an agreement to sell the land or any part of it is registered in the land title office, the person last registered as the holder of a right to purchase,
and includes the legal representative of the owner, the receiver or liquidator of a company that is an owner, and any pre-emptor, homesteader or purchaser from the Crown in right of either Canada or British Columbia of any land within the district;
"partially electronic meeting" means a meeting in which persons are entitled to participate in person or by telephone or other communications medium, as set out in the notice of the meeting, if all persons attending the meeting are able to participate in it, whether by telephone, by other communications medium or in person;
"power purpose" has the same meaning as in

"waterworks purpose" has the same meaning as in

"works" includes all dikes, dams, weirs, locks, lock gates, flood gates, breakwaters, drains, ditches, flumes, aqueducts, pumps and pumping machinery, headworks, reservoirs, pipelines, tunnels, culverts, electric transmission lines, generators, accumulators, transformers, gauges, meters and all machinery, apparatus, plant, buildings, operation or construction of whatever kind or nature that may be necessary or convenient for the supply of water or electrical energy, or for the carrying out of drainage, diking, irrigation, waterworks, electric lighting or power development scheme, and, in the case of districts constituted by order in council under this Part for reclaiming and improving land by draining and diking, the straightening, deepening, clearing or improving or the changing of the course of any artificial or natural waterway.

58.1 (1) A person who is entitled to attend a meeting called under this Part may participate in and, if applicable, vote at the meeting by telephone or other communications medium if all persons attending the meeting are able to participate in it, whether by telephone, by other communications medium or in person. (2) If the inspector, land settlement board or commissioners call an electronic meeting under this Part, the inspector, board or commissioners, as applicable, must permit and facilitate participation in the meeting by telephone or other communications medium.

(3) If the inspector, land settlement board or commissioners call a meeting under this Part that is not an electronic meeting, the inspector, board or commissioners, as applicable, are not required to take any action or provide any facility to permit or facilitate the use of any communications medium at the meeting. (4) A person who participates in a meeting in a manner contemplated by subsection (1) is deemed, for the purposes of this Part, to be present in person. 58.2 If a meeting under this Part is held at a place, the place may be located in or outside the district.

59 (1) The commissioners of every district to which this Part applies are a corporation and may acquire, hold and dispose of property for the purposes of this Part. (2) The production of a copy of the Gazette containing notice of the order in council purporting to constitute the district is conclusive proof of the appointment of the commissioners and of the regularity of all proceedings leading to it.

60 On the petition of a majority in value of the owners of the land comprised in any district, and on proof to the satisfaction of the Lieutenant Governor in Council that provision has been made for the payment and discharge of all corporate debts and obligations of the commissioners of the district, and for the equitable distribution of the corporate assets of the commissioners, and on conditions and subject to provisions the Lieutenant Governor in Council thinks proper, the Lieutenant Governor in Council may, by order published in the Gazette, revoke the incorporation of the commissioners, and declare the corporation to be dissolved.

61 In the case of a vacancy in the office of commissioner, by death, resignation or removal as set out in this Part, the vacancy must be filled by the Lieutenant Governor in Council by order in council, and notice of the order in council must be published in the Gazette at the expense of the commissioners. 62 A commissioner may at any time resign, or be removed from office by the Lieutenant Governor in Council on receiving a petition signed by a majority in value of the owners in the district, and notice of the resignation or of the order in council making the removal must be published in the Gazette at the expense of the commissioners.

63 (1) Subject to this Part and any orders, rules or regulations made under it, full charge and authority over the extent and scope of the works and over their execution, maintenance, repair and operation is vested in the commissioners. (2) If the works proposed to be carried out include works for the diversion, storage, use or delivery of water, the commissioners must, in their corporate name, apply under the Water Sustainability Act for the approval of the undertaking of the corporation and obtain all necessary water licences, and must in all respects comply with that Act.

(3) In addition to all other powers conferred on the commissioners, the commissioners have, in relation to the diversion, use, including storage, or delivery of water within the scope of the order in council constituting the district, all the powers given to a municipality under the Water Sustainability Act, and that Act applies for that purpose. (4) For the purpose of subsection (3), a reference in the Water Sustainability Act to a municipality is to be read as including a reference to a district constituted under this Part. 64 (1) The office of the commissioners may be located in or out of the district and the books and records of the commissioners may be kept at that office.

(3) The remuneration to be paid to the commissioners for their services may be determined at the meeting of the owners held under

section 76 (1), and may be altered or determined at any annual meeting held under section 162. 65 (1) The commissioners may appoint a clerk, collector, engineer and other subordinate officers and employees as necessary for carrying out their duties, and may set the remuneration of those employees. (2) All appointments must be entered in the record book of the commissioners, and the entries are evidence of the appointments. (3) The appointment of the engineer is subject to the written approval of the minister.

66 (1) The clerk of commissioners must keep the following:
(a) a record of all the proceedings of the commissioners;
(b) an account of all labour and materials furnished by the owners and their disposition;
(c) an account of all money received and expended by the commissioners;
(d) an account of all sinking funds and investments of them;
(e) a copy of the assessment roll, in a book, prepared and approved in accordance with sections 75 and 76, and showing any amendments made in it by the Court of Revision, or the judge on appeal, and any changes that may be made in the ownership of the land, and all taxes levied on the land, and the respective owners of land and all payments made on account;
(f) further records that the commissioners direct.

(2) The clerk of commissioners must
(a) be satisfied of, and certify, the correctness of all accounts submitted to the commissioners, and
(b) countersign all cheques issued by them. (3) On dismissal or resignation, the clerk of commissioners must hand over all records and papers in the clerk's hands to the commissioners, or to a person they appoint. 67 The collector must
(a) collect all taxes, fines or money due or payable to the commissioners, and
(b) deposit the money weekly in a savings institution to the credit of the commissioners.

68 The collector must furnish security to the satisfaction of the commissioners for the due accounting for, and payment over of, all money that may come to the collector's hands as collector, and for the faithful performance of the collector's duties, in the sum of $500, or in a larger sum as the commissioners require. 69 The offices of clerk and collector may be held by one person, and any commissioner may be appointed clerk or collector, or both, but a commissioner must not receive a fee for acting in that capacity.

70 Any of the following persons is a competent and compellable witness to prove any fact connected with the duties of the person's office:
71 (1) All books and records of the commissioners must at all reasonable times be open for the inspection of any of the owners, or of any creditor of the commissioners, on payment of 25¢ for each search and examination. (2) A copy of any entry must be provided to an owner or creditor on demand and on payment of 25¢ for each folio of 100 words. (3) The book referred to in

section 66 must be open to inspection by the public at all reasonable times without charge. 72 (1) On the making of the order in council appointing the commissioners, the commissioners must appoint an engineer, whose appointment must be approved, to make a survey and prepare a plan in duplicate showing the land that in the engineer's opinion will be benefited by the proposed works. (2) One of the copies of the plan prepared under subsection (1) must be deposited in the land title office for the district in which the land is located, and one must be kept by the commissioners.

73 (1) If the engineer, after making the survey, certifies in writing that certain land in the district constituted by the order in council appointing the commissioners will not be benefited by the proposed works, from the date of the depositing of the plan, that land ceases to be included within the limits of the district, and is free from all liability to assessment or otherwise, subject to alteration or amendment by the Court of Revision or by the judge on appeal. (2) A notarial copy of the certificate must be deposited in the land title office.

74 (1) If the engineer, after making the survey, certifies in writing that there is other land that will be benefited by the works, but that is not within the district constituted by the order in council appointing the commissioners, that land must be included in the district. (2) Despite subsection (1), if the effect of any enlargement of the district would be that the original petitioners would not constitute a majority in value of the owners within the district so extended, the boundaries must not be extended unless a sufficient number of additional owners sign a supplementary petition so that, with the owners who signed the original petition, they constitute a majority in value of the owners of all the land within the extended district.

(3) A notarial copy of the certificates and the supplementary petition, if any, must be deposited in the land title office. 75 (1) As soon as the plan referred to in

section 72 has been deposited in the land title office, the commissioners must have the engineer make
(a) plans of the proposed works and prepare an estimate of the cost of those works, and
(b) an assessment roll similar to Form I showing the area of each lot or parcel of land the subject of separate ownership within the district, the respective owners and their respective addresses.

(2) If the engineer is of the opinion that the benefit to be derived by the land in the district from the proposed works is not substantially a uniform benefit, the engineer must in the assessment roll divide the land into various classes according to the benefits to be derived from the proposed works, and must state the proportion that each class must bear of taxes to be levied on the land, and the owners, to meet the cost of the works and of maintenance, and all other expenses that the commissioners are authorized to raise by means of taxes under this Part. 76 (1) On completion of the plans and the estimate of cost referred to in

section 75, and before the preparation of the assessment roll, the commissioners must, by giving notice in accordance with section 76.1, call a meeting of the owners to consider whether or not the works as detailed in the plans and estimate are to be executed, and to set the remuneration of the commissioners. (3) Every owner is entitled to vote at the meeting in person or by proxy, and may by instrument in writing filed with the commissioners appoint a person a proxy to represent the owner at the meeting. (4) All questions at the meeting must be determined by the majority in value of the owners voting on it and not by the number voting.

(5) The meeting may appoint a chair and a secretary, and may determine
(a) that the works be executed as detailed in the plans and estimate,
(b) that the plans and estimate be returned to the commissioners for amendments that the meeting specifies, or
(c) that the commissioners are not to take any further steps toward executing the works. (6) If the meeting determines that the plans and estimate are to be returned to the commissioners for amendment, the commissioners must have new plans and estimates prepared and submitted to another meeting of the owners, convened in a similar manner to the first meeting.

(7) If the plans and estimate of cost are approved by the owners, at the first or at any subsequent meeting of the owners, the engineer must proceed to prepare the assessment roll in accordance with

section 75. (8) On completion of the assessment roll,
(a) the plans, estimate of cost and assessment roll must be signed in duplicate by the commissioners and engineer, and
(b) one copy of each must be deposited in the land title office and the other copy kept by the commissioners. 76.1 (1) Notice of a meeting called under

section 76 must include
(a) the date, time and, if applicable, place of the meeting,
(b) a description of the purpose of the meeting, and
(c) if the meeting is an electronic meeting, instructions for attending and participating in the meeting by telephone or other communications medium, including instructions for voting at the meeting. (2) The notice must be given not less than 10 days before the date of the meeting
(a) by delivering it to each owner, and
(b) by posting it in at least 3 conspicuous public places in the district. 77 (1) This section applies only to drainage, diking or development districts constituted under this Part after March 31, 1919.

(2) After the expiration of the time limited for an appeal against the assessment roll provided by

section 93, or if an appeal has been taken, then after the appeal has been adjudicated, the commissioners must, by giving notice in accordance with section 77.1, call a general meeting of the owners, to be held in the following January at a time they think convenient, in order to do the following:
(a) elect a commissioner for the term of one year, a commissioner for the term of 2 years and a commissioner for the term of 3 years;
(b) set the date at which annual general meetings must be held;
(c) receive from the commissioners who have been in office a report on the condition of the works and a statement of the financial condition of the district;
(d) discuss with the commissioners any matters relating to the works or finances of the district;
(e) set the remuneration of the commissioners for the ensuing year.

(4) In each subsequent year, the commissioners must, by giving notice in accordance with

section 77.1, call a general meeting for the purposes specified in subsection (2), but only one commissioner must be elected at any subsequent annual general meeting. (5) At the general meeting provided for in subsection (2), and at any annual meeting after that, the owners may appoint a chair and secretary, and pass resolutions in accordance with the powers granted to them by this Part. (6) The secretary must enter the resolutions and the result of any election in a book provided by the commissioners for that purpose.

(7) The commissioners must at once file with the comptroller copies of all reports and statements submitted by the commissioners, copies of the resolutions passed by the meeting and a certificate from the chair of the election of a commissioner or commissioners, together with the names of the commissioners elected. (8) If at an annual general meeting the owners in a district fail to elect a commissioner, the Lieutenant Governor in Council may appoint a person as a commissioner for the district. (9) A commissioner appointed under subsection (8) has the same rights and powers and holds office for the same term as if elected at the annual general meeting.

(10) All appointments, elections and resolutions at a general meeting under this section must be determined by a majority in value of the owners present at the meeting and voting. 77.1 (1) Notice of a meeting called under

section 77 must include
(c) if the meeting is an electronic meeting, instructions for attending and participating in the meeting by telephone or other communications medium, including instructions for voting at the meeting. (2) The notice must be given not less than 15 days before the date of the meeting
(b) by posting it in at least 3 conspicuous public places in the district.

78 (1) The commissioners may, with the approval of a majority in value of the owners, execute the proposed works by means of labour, teams, tools and materials provided by the owners, or the commissioners may without that approval cause all or any part of the works to be executed, maintained or repaired by contract, and for that purpose may enter into a contract with any person. (2) A contract under subsection (1) may be made subject to and contain powers, conditions and agreements as agreed on.

(3) The commissioners may pay for the contract by levying a tax on the owners based on and in accordance with the assessments contained in the assessment roll, or the commissioners may borrow money to pay for the cost of the works in accordance with this Act. 79 (1) If the owners, at the first or at a subsequent meeting of owners held under

section 76, determine that the commissioners are not to take any further steps toward executing the works, after that the commissioners only have power to levy on the land, and the owners of the land, taxes sufficient to pay the expenses incurred by the commissioners. (2) On collection of the taxes and payment of the expenses, the corporation constituted for that district under

section 59 ceases to exist. 80 The commissioners must not proceed with the execution of the works set out in the order in council under which they are appointed until the expiry of the time limited for appeal against the present assessment roll. 81 (1) The commissioners may levy taxes to raise money for the following purposes:
(a) to pay all expenses incurred by the commissioners, whether preliminary or subsequent to the filing of the plan referred to in

section 72, or of the plans, estimate and assessment roll referred to in section 75, whether the works are undertaken and carried out or not;
(b) to pay the amounts determined by way of remuneration of the commissioners, and all reasonable sums for the remuneration of the clerk, collector, engineer and other employees employed by the commissioners;
(c) to pay the cost of the works, whether in excess of the estimate made by the engineer or otherwise;
(d) if the cost of the works is paid by borrowed money, to pay the discount and all other expenses allowed or incurred by the commissioners in borrowing the money or in the sale of bonds or debentures;
(e) to pay the annual interest on any money borrowed;
(f) to create a sinking fund for the redemption of money borrowed;
(g) to raise a sufficient sum, not exceeding 25% of the amount which the commissioners determine to raise by any one levy, as a margin to ensure the prompt payment of the taxes levied, and in that event the commissioners must state in each tax notice that, if the taxes are paid before the date specified in it, the taxes are subject to a rebate equal to the percentage by which the taxes are increased;
(h) to pay all costs of maintenance, repair and operation of the works, and to pay all other expenses properly incurred by the commissioners in the execution of their duties.

(2) Subject to the Water Sustainability Act and to the approval of the comptroller, the commissioners may make rules for
(a) regulating the distribution and use of the water, electric light and electric power delivered or supplied under this Part in all places and for all purposes where required,
(b) setting the rentals, tolls or charges for their use, and
(c) regulating the times of payment and mode of collecting rentals, tolls and charges. 82 (1) If the commissioners determine that it is necessary to raise money by means of taxes, they must levy taxes on all land in the district, and on the owners, based on and in accordance with the assessment roll.

(2) If the assessment roll classifies the land into more than one class, the taxes levied on the respective classes must be in accordance with the proportions set out in the assessment roll. (3) The commissioners must prepare a statement showing the following:
(a) the purposes for which the commissioners have determined to raise money;
(b) the taxes levied on each lot or portion that is the subject of separate ownership, and on the owners;
(c) the date on which the taxes are due and payable;
(d) the date on or before which payment must be made to entitle the owner to the rebate, if any, authorized by

section 81. (4) The statement under subsection (3) must be signed in duplicate by the commissioners. (5) One copy of the statement must be deposited in the land title office for the district in which the land is located, and the other copy must be kept by the clerk for the commissioners. (6) The date of levy of taxes must be the date on which the statement referring to the taxes was deposited in the land title office.

(7) If the total taxes on the land of an owner levied by the commissioners in accordance with subsections (1) and (2) would be less than $1, the total amount to be taxed and levied against the land of that owner must be set at $1 without affecting in any way the general rate of the levy. (8) If a parcel of land has been subdivided after the assessment roll has been deposited in the land title office, the commissioners may, after giving 10 days' notice to each registered owner affected, apportion the assessment of the parcel subdivided and the unpaid taxes on it.

(9) On the apportionment being made and a statement to that effect signed by the commissioners being deposited in the land title office, the assessment roll and the statements previously filed under subsections (1) and (2) must for all purposes be amended in accordance with the apportionment. (10) All statements filed under subsections (1) and (2) after an apportionment has been made must be based on and in accordance with the assessment roll as varied by the apportionment.

83 All taxes levied by the commissioners are payable to them by the owner of each lot or portion of it that is the subject of separate ownership on the date of the levy, and are a debt due by the owner to the commissioners, who have full right and authority to sue for the debt in any court of competent jurisdiction.

84 All land the fee of which is in the government, or that is held under pre-emption, lease, agreement of sale and purchase or otherwise from the government, may, if the consent of the Lieutenant Governor in Council is obtained, be assessed in the assessment roll, and be dealt with in all respects as land that is privately owned, and all taxes levied in respect of it must be paid out of money voted by the Legislature for that purpose, or, in case of land held under pre-emption, lease, agreement of sale and purchase or otherwise, must be paid by the pre-emptor, lessee, purchaser or other person interested in that land, and the assessment roll is a charge, in accordance with this Act, against that land, as well before as after the issuance of the Crown grant of it.

85 All the land the fee of which is in the Crown in right of Canada, or the territorial revenues of which belong to the Crown in right of Canada, and whether the land is held under pre-emption, lease, agreement of sale and purchase or otherwise, or not, is liable, if the consent of the Governor in Council is obtained, to be assessed in the assessment roll, and to be dealt with in all respects as privately owned land, and all taxes levied for it must be paid out of money voted by the Parliament of Canada for that purpose, or, in case of land held under pre-emption, lease, agreement of sale and purchase or otherwise, must be paid by the pre-emptor, lessee, purchaser or other person interested in that land, and the assessment roll is a charge, in accordance with this Act, against the land, as well before as after the issuance of the Crown grant.

86 All land for which no Crown grant has been issued, and which is held under pre-emption, lease, agreement of sale and purchase or otherwise, is deemed to have been liable while so held, or during the existence of the lease or agreement, to be assessed for this Part, even if the consent of the Governor in Council or Lieutenant Governor in Council has not been or is not obtained, but the assessment and taxation, in the absence of consent, does not affect the rights of the government in the land.

87 In order to meet the deficiency in the amount of any levy caused by the taxes on Crown land not being immediately payable, the commissioners may levy further taxes on the other land in the district for the deficiency created, and the commissioners must reduce the rate on the other land after the taxes on Crown land are paid, so as to make the levy to all parties fair and equitable. 88 A Court of Revision must be held by the commissioners for the revision of the assessment roll, and of the plan referred to in

section 72, at a place and time as thought by the commissioners most convenient for the majority of the owners, and the Court of Revision may be held within or outside of the limits of the district as the commissioners may determine. 89 (1) Four weeks' notice must be given to each owner within the district, in the manner set out in this Act, of the time and place of the sitting of the Court of Revision. (2) A notice under subsection (1) must include a copy of as much of the assessment roll as applies to the owner's land.

90 The time and place of holding the Court of Revision must be advertised for 4 weeks continuously in the Gazette, and for the same period in a newspaper, if any, published, or if not, then in a newspaper circulating in the portion of British Columbia in which the district is located. 91 The commissioners may adjourn the sittings of the Court of Revision from time to time and from place to place, taking care to consider the convenience of the majority of the owners. 92 (1) Any owner is entitled to appear at the Court of Revision and object to the plan referred to in

section 72, and to the assessment roll made by the engineer, as it affects the land owned by the owner or as it affects land owned by another person. (2) The commissioners must consider all complaints made at the Court of Revision by an owner, and may alter, amend or confirm the plan or assessment roll as to them seems right and just.

93 (1) If an owner is dissatisfied with the decision of the Court of Revision, the owner may appeal from it to a judge, in which case the following rules apply:
(a) the owner must, within 10 days after the decision, serve on the clerk of the commissioners a written notice of the owner's intention to appeal to the judge, stating the grounds of the appeal, and must within 15 days apply to the judge to set a day for the hearing of the appeal;
(b) the judge must appoint a place and day for the hearing of the appeal, notice of which must be given in writing by the appellant to the clerk of the commissioners;
(c) the judge must hear the appeal and the evidence adduced on oath at the hearing in a summary manner, and may take a view and may adjourn the hearing and defer judgment on it as the judge thinks advisable;
(d) the clerk of the commissioners and the engineer must, on hearing an appeal, produce before the judge the assessment roll and all plans, papers and documents in the possession of either of them that in any way affect the matter;
(e) the judge has full power and authority to amend the assessment roll or the plan as the judge may think right and just;
(f) the costs of the appeal, including solicitor and counsel fees, are in the discretion of the judge, who must set the amount and state by whom they must be paid, and payment may be enforced by execution in the Supreme Court on the order of the judge.

(2) An appeal under subsection (1) must be commenced at a registry of the Supreme Court located in the judicial district where the land of the appellant is located. (3) An appeal on a question of law lies from a decision of the judge to the Court of Appeal with leave of a justice of the Court of Appeal.

94 The assessment roll and the plan as revised and confirmed by the Court of Revision, and as revised and amended, if at all, on appeal to the judge, is valid and binds all parties concerned, despite any defect or error in it, or a defect or omission or error or misstatement in the notice convening the Court of Revision, or otherwise, and the assessment roll is for all purposes the assessment roll of the district. 95 (1) The plan deposited in the land title office under

section 72 (2) as the plan is amended, if at all, by the Court of Revision or by the judge on appeal, is, from the date of its deposit, but subject to sections 73 and 74, conclusive evidence of the area of the district to which it refers, and of all land constituting it. (2) All land mentioned or described in the order in council constituting the district, and not shown on the plan as amended, if at all, from the date of the deposit of it ceases to be included in the district, and is free from all liability to assessment or otherwise.

96 (1) The plan and assessment roll when deposited, and all taxes that may be levied by the commissioners on the land included and mentioned in it, must, subject to alterations made in it by the Court of Revision or by the judge on appeal, be registered as a first charge on or against each separate lot of land or portion that is the subject of separate ownership, shown on the plan and mentioned in the assessment roll, to the extent of the taxes that the commissioners are authorized to levy for each lot or portion of it, and the charge is vested in the commissioners.

(2) The valuation of the charge for registration purposes is the estimated cost of the works and, in addition to the registration fees under the Land Title Act, 10¢ is payable for each registration after the first, under which the charge is registered. (3) Similar additional fees are payable on the registration of any security given by the commissioners under their borrowing powers. 97 (1) On receiving a petition signed by a majority in value of the owners of the land in the district, complaining that the existing assessment roll has become inequitable and requesting that a new assessment roll be made, the commissioners must have a new assessment roll prepared.

(2) The commissioners may, without any petition, have a new assessment roll prepared at any time if they are of the opinion that the existing assessment roll is inequitable. (3) In the preparation and revision of any new assessment roll it is not necessary to prepare a new plan showing the land benefited by the works of the district. (4) Every new assessment roll must be revised in the same manner as an original assessment roll, but the notice required under

section 89 is 2 weeks' notice, and section 90 does not apply to the revision of a new assessment roll. (5) A new assessment roll when revised and, if any appeal is taken from it, when amended or confirmed by the judge must be deposited in the land title office. (6) The fees payable for the deposit of an assessment roll under subsection (5) are $2.50, and 10¢ for each parcel of land to which the new assessment roll applies.

(7) A new assessment roll when deposited in the land title office is the assessment roll for the district and is effective and binding on all persons affected, despite any defect or error in it or any defect, omission, error or misstatement in any notice required to be given or the omission to transmit or publish any notice. (8) During the time a new assessment roll is effective, all taxes required to be levied must be levied in accordance with the new assessment roll. (9) The preparation, revision and depositing of a new assessment roll does not affect the boundaries of the district.

(10) The preparation, revision and depositing of a new assessment roll does not prejudice the right of the commissioners to enforce payment of taxes levied before the new assessment roll became effective. 98 (1) If the commissioners at any time after the deposit of the plans under

section 76, and whether before or after the completion of the proposed works, think it necessary, for the purposes for which the proposed works were undertaken, to alter the nature of the proposed works or to execute additional works, they may cause a supplementary plan, showing the proposed alterations or additional works, to be prepared by the engineer and filed in the land title office. (2) Sections 75, 76, 79 and sections 88 to 93 must, with the necessary changes, be complied with before the commissioners proceed to execute the proposed alterations or additional works.

99 (1) If at any time after the works have been carried out under the plans as prepared by the engineer and approved by the commissioners, there is land in the district which, in the opinion of the owners of it, is not sufficiently drained, the commissioners, on receiving a petition signed by a majority in value of the owners of the land asking that better drainage be provided, may instruct the engineer to
(a) make a survey of that land and an estimate of the cost of the proposed work, and
(b) prepare in duplicate a plan of the land and an assessment roll showing the amount to be levied against each lot or subdivision of the land based on the benefit to be derived from the proposed work.

(2) If in the opinion of the commissioners the work should be proceeded with, they may, after depositing a copy of the plan and assessment roll, signed by the commissioners and the engineer, in the land title office for the district in which the land is located, levy the taxes as provided and proceed to carry out the work asked for in the petition. (3)

Section 79 and sections 88 to 93 apply to and must be complied with before any new or additional assessments are levied under this section, and the provisions of this Part relating to assessments and to the carrying out of the works undertaken under it apply to all assessments and works made and carried out under this section. 100 (1) The commissioners may have executed the works shown on the deposited plans referred to in sections 75, 98 and 99, or decided on in accordance with the plans, and see that the works are operated and maintained in a proper state of repair. (a) make, levy and collect taxes, and properly apply all sums collected, and
(b) generally carry out this Part.

(3) In maintaining and operating the works, the commissioners may execute works as necessary for the efficient operation of the existing works and for maintaining them in a proper state of repair, but works that injuriously affect natural or artificial waterways must not be executed until approved by the minister. (4) If, for the purpose of maintaining works operated and maintained under this Part, the commissioners think it necessary to construct a new dike inside an existing dike and to abandon the whole or any portion of the existing dike, the commissioners may have executed under this section all works necessary for the construction of the new dike, and may abandon the whole or any portion of the existing dike.

(5) The commissioners must have a plan prepared by the engineer, and filed in the land title office, showing the proposed works and describing the portion of the existing dike that it is proposed to abandon and the land in the district that will cease to be benefited by the works operated and maintained by the commissioners. (6) Sections 75, 76, 79, and sections 88 to 93 must, with the necessary changes, be complied with before the commissioners proceed to execute the proposed works. (7) The provisions of this Part relating to assessments, the borrowing of money, and the execution, operation and maintenance of works apply to all works executed under subsection (4).

101 (1) If, on the construction of the new dike and the abandonment of all or part of the existing dike, any land in the district ceases to be benefited by the works operated and maintained by the commissioners, that land is, from the time of the abandonment, exempt from the levy on it of any taxes by the commissioners under this Part, and the amount of taxes that otherwise would be levied by the commissioners against that land must be levied against the other land in the district as part of the cost of maintenance of the works in the district.

(2) Nothing in subsection (1) affects the right of any person to enforce any charge or security existing at the time of the abandonment, in the event of the failure of the commissioners to meet in full all claims under the charge or security, and the land exempted remains liable for all unpaid taxes that have been levied on it under this Part before the abandonment.

(3) If all taxes levied under this Part on the land exempted have been paid, and no mortgage, debenture, bond or other obligation issued by the commissioners to secure money borrowed under this Part on the security of a charge on that land is outstanding, the commissioners must issue a certificate to the owner of each lot or portion of lot comprised in the land exempted, which must describe the lot or portion of lot and state that it has been exempted under this section from the levy of taxes on it by the commissioners under this Part.

(4) On the registration of the certificate in the land title office for the district in which the land is located, the registrar must cancel the registration of the charge registered under this Part on or against the lot or portion of lot described in the certificate.

102 (1) The commissioners, in order to create a maintenance fund to provide for the cost of maintaining and keeping in repair the works under their care, may assess, levy and collect a rate not to exceed 5% per year of the cost of the original works, and in proportion to the assessment levied for it, but if a maintenance fund created accumulates to more than 25% of the cost of the original works, the additional levy must be discontinued until the fund accumulated falls below 25% of the cost of the original works in the district, when it may again be levied and collected at a rate sufficient to maintain a 25% maintenance fund.

(2) Subsection (1) does not restrict the commissioners from levying a higher rate for the purpose of reconstructing a portion of the original works that becomes unsafe or is destroyed. 103 Any act, matter or thing required to be done by the commissioners may be done by the majority of them, and if there is a recital in any deed, contract or other document or instrument that the commissioners who executed it form all or a majority of those entitled to act, or if any document or instrument purports to be executed by the commissioners, it is deemed to be the act, deed or instrument of the commissioners in the absence of evidence to the contrary.

104 The assessment roll deposited by the commissioners against the land mentioned in the assessment roll is absolutely binding, and the security given for the repayment of any money borrowed by the commissioners on the security of the charge vested in the commissioners by

section 96 is absolutely valid and binding on the land and the owners of it, except as varied, if at all, by the Court of Revision or by the judge on appeal, and must not be quashed or set aside on any ground, unless an application is made or an action commenced in a court of competent jurisdiction within 15 days after the sitting of the Court of Revision held under section 88. 105 The commissioners may enter into and on any land of any person, and inspect, survey, set out, take, expropriate, hold and acquire any land that may in their opinion be necessary to have and hold for the construction, operation, maintenance or repair of any works authorized by this Part.

106 Nothing in this Part in any way limits or affects the powers of expropriation that the commissioners may in any case be entitled to exercise under the Water Sustainability Act. 107 (1) Where a dike is crossed by a public highway or private road, the level of the dike must not be interfered with, but the commissioners are liable, in the case of a highway or road surveyed or laid out before that time, for any increase in the first cost of opening up or constructing the highway or road occasioned by the construction of the dike.

(2) If the top of the dike forms a portion of a highway or road, the authority responsible for the repair of the highway must maintain it at a constant level and repair all injury directly or indirectly caused to the dike by its use as a highway or road. (3) If a highway is crossed by a ditch necessitating the construction of a bridge, the commissioners are liable for the first cost of the bridge, and the authority responsible for the repair of the highway must maintain it and keep it in proper repair.

108 If land not taken is injuriously affected by the works executed by the commissioners, the damage must, if not mutually agreed on, be valued and assessed by the Supreme Court in accordance with the Expropriation Act. 109 Compensation made for land taken or injuriously affected by the works of the commissioners is part of the cost of the works. 110 (1) If the commissioners, with the approval of the owners as provided in

section 78, determine to execute the proposed works by means of labour, teams, tools and materials provided by the owners, they may requisition the owners in the district to provide labour, teams, tools and materials. (2) If the requisition is not complied with, the commissioners may employ labour and teams and provide tools and material for that purpose at the expense of the owners who fail to comply. 111 In those cases the commissioners must give 7 days' requisition to the owners or their agents to attend and provide the labour, teams, tools and materials, but, in case of sudden breaches in any works or of any apprehension of a breach, the immediate attendance of any and all owners may be required.

112 (1) Every owner must, when requisitioned by the commissioners, provide at the time and place named in the requisition a sufficient number of labourers with teams, tools and material in proportion to the quantity of land owned, and for every day's neglect in case of sudden breach, or the apprehension of one, must pay, besides the owner's taxes, a fine of $5 for each labourer or for each cart or team requisitioned. (2) The fines referred to in subsection (1) must be added to the taxes and recovered from the land of the owner against whom they are charged, and become a portion of the taxes against that owner.

113 If the commissioners think it necessary to have a plan of land in the district showing the lots, boundaries and the names of the owners, they may employ a British Columbia land surveyor to make a plan, and may order the expense of it to be charged against the land surveyed, and may require the owners or their agents to point out to the surveyor the boundaries of the respective lots, and the owners and agents called on are bound by the survey and plan. 114 (1) If land enclosed by dikes is enclosed by and protected by other dikes erected outside the dikes, the commissioners in charge of the land reclaimed by the outer dikes must, by giving notice in accordance with

section 114.1, call a meeting of all the owners within the level contained and enclosed by the outer dikes. (2) The majority in interest and number of the owners referred to in subsection (1), or in case of their neglect, the commissioners, must appoint a civil engineer, who must determine what proportion or degree of benefit has accrued or is likely to accrue to the old or inner dikes, and must settle and declare the proportion of expense that the owners of the land within the old dikes ought annually to contribute and be assessed toward the maintenance and repair of the new dikes.

(3) The engineer must make a report in writing of the engineer's proceedings, which must be entered in the books of record for the outer dikes, and the amounts settled and declared must be borne by the land within the inner dikes and assessed and collected as other dike rates. 114.1 (1) Notice of a meeting called under

section 114 must include
(c) if the meeting is an electronic meeting, instructions for attending and participating in the meeting by telephone or other communications medium, including instructions for voting at the meeting. (2) The notice must be given to each owner or agent of the owner not less than 6 days before the date of the meeting. 115 An appeal lies to the judge from the decision of the engineer appointed, on the same terms and under the same conditions as an appeal from the Court of Revision.

116 If all or part of the outer dikes at any time cease to protect the inner dikes, the land within the inner dikes must not for that time contribute or be assessed to the support or repair of the outer dike. 117 (1) If at any time a majority in interest and number of the owners within the inner dike are apprehensive that the outer dikes are unsafe or out of repair, a majority in interest or number of the owners of the whole level may call on the commissioners to examine the outer dikes.

(2) If it appears to the commissioners that the outer dikes require repair, they, with the assent of the majority in interest and number of the owners of the whole level, must at once have them repaired, or otherwise, with the same consent, put the inner dikes in a state of repair as seems most advisable. (3) If the inner dikes are repaired, the owners of the land enclosed by them must bear the whole expense.

118 (1) On receiving a petition signed by a majority in value of the owners of land in a district and by a majority in value of the owners of land proposed to be added to the district, and showing
(a) the description and approximate area of the land proposed to be added, and
(b) the nature of the works proposed to be executed,
the Lieutenant Governor in Council may by order in council, after notice the Lieutenant Governor in Council thinks advisable, enlarge the existing district and redefine the boundaries of it to include the additional land.

(2) On publication in the Gazette of the order in council, the powers of the commissioners extend to all the land within the boundaries of the district as redefined, and the commissioners must file a supplementary plan, prepared by the engineer, in the land title office, showing the proposed works and the land which in the opinion of the engineer will be benefited by the proposed works.

(3) Except as otherwise provided in this section, sections 72 to 76, 79, and 88 to 93 must, with the necessary changes, be complied with within the time specified in the order in council, and the provisions of this Part relating to assessments, the borrowing of money and the execution, operation and maintenance of works apply to all works executed under this section. (4) If the fee simple of a portion of the land proposed to be added to the district is vested in the government, the minister is entitled on behalf of the government to sign the petition or to oppose it. 119 (1) The commissioners may borrow on the security of the first charge on the land in the district vested in them by

section 96 (1), and all present and future taxes that may be levied by them, or any part, on terms they think fit, and without any consent of the Lieutenant Governor in Council, any money required for the cost of the works, whether in excess of the estimate made by the engineer or otherwise, or for the repair or alteration of the works, and for all expenses incurred by the commissioners incidental to the repair or alteration, or for the repayment, renewal or refunding of the whole or any part of any loan or security made or given under it.

(2) Security under subsection (1) may be given by deed which vests the first charge and the taxes in the lender, or by a deed of trust vesting the first charge and the taxes in a trustee for the holder of bonds and debentures issued by the commissioners. (3) The bonds or debentures or other obligations may be issued at par or at a premium or discount, payable to the bearer or to the registered holder or otherwise, at a time, within 40 years from the date of it, and place, and for amounts and bearing a rate of interest the commissioners determine.

(4) The deed must specify the objects for which the money is alleged to be borrowed and the terms of repayment, and must contain a true copy of the assessment roll showing the extent to which each lot or portion of it the subject of separate ownership is separately charged under this section, and the powers, conditions and agreements the commissioners and the lender or the trustee for the holder of bonds or debentures may mutually agree on.

(5) In the case of a district where the works comprise works for irrigation purposes, power purpose, steam purpose or waterworks purpose, the commissioners may for securing money borrowed under this section include in the security mentioned in this section the security of a first charge on all works vested in the commissioners under this Part. (6) The preparation, revision and depositing in the land title office of any new assessment roll for any district does not limit or otherwise prejudice the rights of any person under any deed or other security given by the commissioners before the new assessment roll became effective.

120 (1) In addition to all other borrowing powers of the commissioners under this Part, the commissioners may, in each year, borrow money temporarily on the security of the taxes payable in the year in which the money is borrowed. (2) The money borrowed must bear the rate of interest agreed on and must be repayable and repaid out of taxes when collected. 121 All money borrowed by the commissioners must be spent by them for the purposes for which they were borrowed.

122 A mortgage, debenture, bond or other obligation issued by the commissioners of any district created under this Part must not be held invalid because it is not in a particular form, if the obligation issued is for money advanced to the commissioners for the purposes of the district. 123 A debenture or bond issued by the commissioners and made payable to a person or order is, after the endorsement of it in blank by that person, transferable by delivery from the time of endorsement, and the transfer vests the property of it in the holder and enables the holder to maintain an action on it in the holder's own name.

124 In a suit or action on a debenture or bond, it is not necessary for the plaintiff to set out in the declaration or other pleadings or to prove the mode by which the plaintiff became the holder of the debenture or bond, or to set out or to prove the notices, petition, orders in council or other proceedings under which the debenture or bond was issued by the district, but it is sufficient in the pleadings to describe the plaintiff as the holder of the debenture or bond, alleging the endorsement in blank, if any, and to state briefly its legal effect and purport, and to make proof accordingly.

125 Debentures and bonds issued by the commissioners of any district purporting to be issued under the authority of this Part are valid and binding on the district, despite any insufficiency in form or otherwise of the debentures or bonds, or in the authority of the commissioners in respect of them, if no successful application has been made to the courts to quash the issue of them within one month after issue.

126 If debentures or bonds have been issued by commissioners of a district and the interest that has fallen due has been paid for the period of one year by the commissioners, the debentures or bonds, or so much as may be unpaid, are valid and binding on the district and the owners included in it and on all parties concerned. 127 (1) Any debentures or bonds issued by the commissioners of a district may be made payable, as to principal and interest, or both, in currency or sterling money, and in the United Kingdom, the United States or Canada, and the signature to the interest coupons may be written, stamped, printed or lithographed.

(2) The debentures or bonds, when issued, may be disposed of by the person appointed by the commissioners for that purpose to any person they may think expedient, and at a rate below par if they think it necessary or advisable to do so. (3) Any debenture or bond issued by the commissioners of any district is valid and recoverable to the full amount, despite its negotiation by the commissioners at a rate less than par. 128 All taxes due under this Part bear interest from the time that they are due and payable, at the rate of 8% per year, and the interest forms part of and is collectable as the tax itself for which it is payable.

129 (1) All taxes and fines may be recovered by and in the name of the commissioners, with costs, as if they were private debts, and a copy of the statement referred to in

section 82, or of that part that relates to the particular tax sued for, certified by the Registrar of Titles or other proper officer to be a true copy of the statement deposited in the land title office, is conclusive proof of the levy having been made and of the liability of the owner of the land in question to pay the tax. (2) No tax or fine is subject to set off of a private nature or is to be joined with any private claim on the part of the commissioners. 130 (1) In this section, "taxes" includes interest and fines.

(2) In addition to all other remedies for the recovery of taxes, the commissioners may, by themselves or by any person authorized by them, sell the land for which the taxes are in default by public auction as provided in this Act. 131 A sale of land for taxes may be held on a day and at a place and hour set by the commissioners, and any sale may be adjourned for a period of not more than 2 days at any one adjournment, until all the land is disposed of.

132 (1) Not less than 30 days before the day set for the sale the commissioners must mail by registered mail to the owner of each parcel of land proposed to be sold for taxes and to the holder of each registered charge on it, as shown by the records of the land title office, at the last known address of the owner or holder a notice of the time and place set for the sale, and stating the following:
(a) a short description of the land for which the taxes are in default;
(b) the amounts of taxes and fines in default for that land, and interest chargeable to the date of sale;
(c) the amount chargeable as costs and expenses connected with the sale, together with the fees payable for filing the notice of sale in the land title office, and a fee of $10 for the issuance and registration of a tax sale deed;
(d) the total amount of taxes, fines, interest, costs and expenses and fees stated;
(e) that if the amounts of taxes, fines, interest, costs and expenses are not sooner paid, the commissioners will, at the time and place stated in the notice, offer the land for which the taxes are in default for sale at public auction.

(2) No other notice and no publication or advertisement of the sale is necessary, but the commissioners may advertise the sale as they see fit. (3) The commissioners must prepare and keep a copy of each notice of sale mailed. (4) To cover the costs and expenses connected with the sale of land for taxes, the commissioners must charge each parcel of land proposed to be sold $3.

133 (1) On the day and at the hour and place set for the tax sale, if the amounts of taxes, fines, interest, costs and expenses for the land described in a notice of sale have not been paid, the commissioners must offer that land separately for sale at the upset price of the total amount stated in the notice, and may sell it to the highest bidder. (2) If there is a bid of the upset price, but no higher bid, the person bidding the upset price must be declared the purchaser.

(3) If the purchaser of a parcel of land at a tax sale fails to pay immediately to the commissioners the amount of the purchase money, the commissioners must at once again offer the parcel for sale. 134 (1) Every tax sale purchaser, at the time of the sale and before the purchaser is given a certificate of sale, must, personally or by an agent, sign a copy of the notice of sale, and must state on it the full name, occupation and post office address of the purchaser.

(2) The copy of the notice signed must be preserved by the commissioners with all the other books, documents and papers connected with the sale, and, on the execution under this section of a deed of the land sold, is deemed to constitute each of the commissioners or their successors in office authorized agents to apply on behalf of the purchaser, or, in case of the purchaser's death, on behalf of the purchaser's personal representatives, at the proper time for registration of the title to the land.

135 (1) On the sale of land at a tax sale, the commissioners or any one of them must sign a certificate to the purchaser, stating that they have sold the land to the purchaser subject to the right of redemption, and that unless the land is redeemed within 12 months from the day of the tax sale they will execute a tax sale deed to the purchaser. (2) The certificate must contain the short description of the property, and must show in detail the amount of the purchase price, and the amounts of taxes, fines, interest, costs and expenses, fees and surplus, if any, included in the purchase price.

136 (1) The commissioners must hold the amount of the surplus, if any, by which the purchase price exceeds the upset price in trust for the owner of the land sold, as shown by the notice of sale, pending the redemption of the land. (2) If the land is not redeemed within the period allowed for redemption, the surplus must be paid over to the owner or the owner's personal representatives, without interest, on written request to the commissioners, unless a claim to the surplus is made by some other person on the ground that the land belonged to that other person, or that that other person is otherwise entitled to the surplus.

(3) If a claim is made, and is admitted, the surplus must be paid to the claimant, but if the claim is not admitted, the surplus must be retained by the commissioners until the rights of the respective parties have been determined by action at law or otherwise. 137 If land is sold at a tax sale, the commissioners must immediately mail a notice to the owner of the land, as shown by the notice of sale, to the owner's address as last known to the commissioners, stating the name of the purchaser and the amount for which the land was sold, and must file with the registrar of the land title district in which the land is located a similar notice to that required by

section 272 of the Land Title Act. 138 If any land offered for sale at a tax sale fails to sell at the upset price, or at a price greater than the upset price, it becomes subject to forfeiture to the commissioners under this section, and the commissioners must file with the registrar of the land title district in which the land is located a similar notice in respect of the land to that required by

139 (1) If land has been offered for sale at a tax sale and has been sold or has become subject to forfeiture, the owner of the land, as shown by the notice of sale, or any person who on the day of the tax sale was a registered owner of or the registered holder of a charge on the land, or the person's heirs, executors, administrators, successors or assigns, or any other person in the person's behalf and in the person's names, may redeem the land sold or subject to forfeiture by paying or tendering to the commissioners, within 12 months from the day on which the land was offered for sale, or last offered for sale by the commissioners at the tax sale, the amount required to redeem it under this section.

(2) If land has been sold, the amount required to redeem it is the full amount of the purchase price paid by the purchaser, including all taxes paid by the purchaser for the land since the date of the sale, with interest on the amounts of the purchase price and taxes paid, at the rate of 8% per year, from the respective dates of payment to the date of the redemption payment or tender, together with all unpaid taxes which have accrued due for the land subsequent to the date of the sale, and the fee chargeable for filing notice of redemption under the Land Title Act less the fee of $10 for the tax sale deed, and less the amount of the surplus, if any, standing at the credit of the owner in the hands of the commissioners, which surplus, on the making of the redemption payment, must no longer be held in trust for the owner, but must be treated by the commissioners as part of the redemption money for the land redeemed.

(3) If land has become subject to forfeiture, the amount required to redeem it is the total amount stated in the notice of sale, exclusive of the fee of $10 for the tax sale deed, with interest on the amount of the taxes in default at the rate of 8% per year from the date of the sale to the date of the redemption payment or tender, together with all unpaid taxes that have accrued due for the land subsequent to the date of the sale, and the fee chargeable for filing notice of redemption under the Land Title Act.

140 (1) If land has been offered for sale at a tax sale, the commissioners must, within 6 months from the day on which the tax sale was held, give notice to the owner of the land as shown by the notice of sale, and to each person who on the day of the tax sale was a registered owner of the land or the registered holder of a charge on the land, stating that the land has been sold or has become subject to forfeiture to the commissioners for taxes in default.

(2) The notice must also state the day on which the period allowed for redemption will expire, and that unless the land is sooner redeemed a tax sale deed will be executed to the purchaser or the forfeiture to the commissioners will become absolute. (3) The notice is deemed properly given if mailed to the address of each person as last known to the commissioners.

141 During the period allowed for redemption of land that has been sold or has become subject to forfeiture under this section, or until redeemed within that period, the following rules apply:
(a) the owner of the land, as shown by the notice of sale, must continue to be assessed and taxed on it;
(b) the owner has the right of possession of the land as fully as before the tax sale, subject to the right of the purchaser or the commissioners to protect the land from destruction and waste;
(c) if the land is not in the occupation of the owner or the owner's tenant, or any person entitled to redeem, the purchaser or the commissioners has or have all rights of action and powers necessary for protecting the land from destruction and waste, but must not be held liable for damage done to the property without their knowledge;
(d) the purchaser may, under this or any other Act, appeal from the assessment of the land sold, and appear before any Court of Revision in support of it, as if the purchaser were the owner of the land;
(e) the purchaser, if the purchaser considers it expedient, may pay taxes that become due for the land during the period of redemption.

142 (1) The commissioners must give to the person making a redemption payment for land that has been sold or has become subject to forfeiture, a receipt stating the amount paid and the object of the payment, which receipt is evidence of the redemption of the land. (2) On the redemption of land that has been sold or has become subject to forfeiture, the commissioners must file with the registrar of the land title district in which the land is located a notice similar to that required by

section 273 of the Land Title Act. 143 (1) On the redemption of land sold at a tax sale, the purchaser at the tax sale is entitled to receive from the commissioners all amounts of purchase price and taxes paid by the purchaser, with interest at the rate of 8% per year from the respective dates of payment to the date of the redemption payment, and the commissioners must forward by registered post to the address of the purchaser as last known to the commissioners a notice stating that the land has been redeemed, and that the amount to which the purchaser is entitled out of the redemption money will be paid to the purchaser on application.

(2) From the time of the payment or tender to the commissioners of the full amount of the redemption payment required by this section, the purchaser ceases to have any further right in or to the land.

144 (1) If land that has been sold at a tax sale is not redeemed in accordance with this section, the commissioners, on the expiration of the period allowed for redemption, must execute a deed of the land to the purchaser, or, if the purchaser dies, to the purchaser's personal representative, and must forward the deed, accompanied by an application for the registration of the title of the land in the purchaser or the personal representative, together with a fee of $5, to the registrar of the land title district in which the land is located, and the registrar must, and on compliance with sections 265 and 269 of the Land Title Act register the purchaser or the personal representative as owner of the land comprised in the deed, and issue to that person a certificate of indefeasible title.

(2) The registration of a person as owner of the land under a tax sale deed executed under this section cancels any certificate of title outstanding for that land, and purges and disencumbers the land of and from all the right, title and interest of every previous owner of it, or of those claiming under a previous owner, and of and from all claims, demands, payments, charges, liens, judgments, mortgages and encumbrances of every nature and kind, other than the following:
(a) the restrictive conditions, reservations and exceptions subject to which the land was held at the time of the tax sale;
(b) charges or encumbrances that have been created by this or any other Act and for which taxes are leviable by the commissioners, but to the extent only to which taxes are leviable after that;
(c) existing liens of the government or of the municipality in which the land is located.

(3) In a proceeding in court, a deed purporting to be issued for a sale of land for arrears of taxes, and purporting to be executed under this Part, is evidence that the deed is the tax sale deed which it purports to be, and that the sale alleged in the deed was conducted in a fair and open manner, and that there were taxes due and in default for the land described in the deed at the time of the sale for which it could be sold.

145 (1) After the expiration of the period allowed by this Part for redemption,
(a) an action must not be brought to recover the land sold at a tax sale or to set aside the sale of the land,
(b) an action must not be brought against the Registrar of Titles, the Land Title and Survey Authority of British Columbia or the minister charged with the administration of the Land Title Act or against the commissioners for the sale of the land or the issuance of a certificate of title to it, and
(c) except as provided in this section, no claim exists against the commissioners for loss or damage sustained because of the land being sold.

(2) A person who at the time of sale was the registered owner of the land sold, or the heirs, executors, administrators or assigns of the registered owner of the land sold, or any person who at the time of sale was the holder of a registered interest in or charge on the land must be indemnified by the commissioners for any loss or damage sustained by the person on account of the sale of the land in any of the following circumstances:
(a) if the land was not liable to taxation for the period for which the taxes for which the land was sold were levied;
(b) if the taxes for which the land was sold had previously been paid;
(c) if notice was not given as required by

section 140. (3) There is no right to indemnity under subsection (2) if it is shown that the person claiming indemnity was aware at the time of the tax sale that the land was advertised or offered for sale, or was aware during the period allowed for redemption that the land had been sold. 146 (1) In this section, "Crown" includes any minister of the Crown, or a board or corporation holding or having charge of the administration of land on behalf of the Crown.

(2) If the fee simple of the land for which taxes are in default is in the Crown, either in right of British Columbia or in right of Canada, and the land is held by a lessee or purchaser under lease or agreement for sale from the Crown, sections 130 to 145 apply with the necessary changes, but the commissioners must sell the land subject to the interest of the Crown. (3) The commissioners must expressly state at the time of a sale to which subsection (2) refers that the interest of the Crown has priority over all claims and is not affected by the sale, and the certificate given by the commissioners to the tax sale purchaser must contain a similar statement.

(4) The Crown may accept the tax sale purchaser as the lessee or purchaser of the land and deal with the tax sale purchaser to the exclusion of the lessee or purchaser whose interest has been sold, and of every person claiming under that lessee or purchaser. (5) On the acceptance of the tax sale purchaser under this section, the Crown must notify the commissioners accordingly, and, if the lease or agreement for sale has been registered, must also notify the Registrar of Titles.

(6) If the Crown refuses to accept the tax sale purchaser, or fails to notify the commissioners of its acceptance within 6 months from the date of sale, the purchaser is entitled to rescind the sale and to receive a refund from the commissioners of the amount paid by the purchaser, with interest at the rate of 8% per year. (7) On the refund being made, the commissioners must replace on their tax roll as taxes in default for the land sold the amount of the taxes, interest, costs and expenses, together with the amount of interest paid to the purchaser under this section.

147 (1) If land that has become subject to forfeiture to the commissioners is not redeemed within the period allowed for its redemption, as stated in the notice given by the commissioners under

section 140, it is at the expiration of that period, absolutely forfeited to and vested in the commissioners, free from all encumbrances, other than the following:
(b) charges or encumbrances on it that have been created under this or any other Act and for which taxes are leviable by the commissioners, but to the extent only to which taxes are leviable after that;

(2) The commissioners must issue a certificate to that effect in duplicate, and must forward one of the duplicates to the registrar of the land title district in which the land is located with an application on behalf of the commissioners for registration, and with the sum of $5 to cover registration fees, and the registrar must at once register the commissioners as owners and must issue to them a certificate of indefeasible title. (3) When the commissioners have issued the certificate they must cancel on the tax roll all taxes due for the land, noting on it that the land has been forfeited to the commissioners.

(4) The registration of the commissioners as owners of the land forfeited cancels any certificate of title outstanding for that land, and purges and disencumbers the land of and from all the right, title and interest of every previous owner of it, or of those claiming under a previous owner, and of and from all claims, demands, payments, charges, liens, judgments, mortgages and encumbrances of every nature and kind, other than the following:

(5) The commissioners may lease, sell or otherwise dispose of forfeited land of which they have been registered as owners, in a manner and on terms they see fit, and may apply the proceeds of sale for any purpose for which taxes leviable by the commissioners under this Part may be applied.

148 (1) If land located in a district has become subject to forfeiture to the government, or has been sold by a Provincial or municipal collector to a person or to the municipality in which the land is located under any Act for the recovery of Provincial or municipal taxes, and if there are taxes in arrears under this Part for the land, the commissioners may redeem the land at any time during the period allowed for redemption of it by paying to the Provincial or municipal collector the amount required to redeem it as provided in the Act under which the land became subject to forfeiture or was sold.

(2) On the redemption of land by the commissioners under this section, they may add the amount of the payment made by them to the amount of diking taxes in arrears for the land, and the amount added is deemed to be taxes in default within the meaning of this Part.

(3) If land referred to in subsection (1) has not been redeemed, but has become absolutely forfeited to and vested in the government or has become vested in the municipality, and remains undisposed of, the commissioners may purchase the land on behalf of the district, at a price equal to the amount of the upset price at which the land was offered for sale at the tax sale, together with interest on it at the rate of 6% per year from the date of the tax sale, and with a sum equal to the amount of further taxes, and the penalties, and interest on it that would accrue due up to the time of purchase by the commissioners had the land been regularly assessed in the same manner as it appeared on the assessment roll for the year last preceding the date of its forfeiture or vesting and with a fee of $10 for a grant from the government or a conveyance from the municipality.

(4) The minister on behalf of the government, or the municipal council on behalf of the municipality may sell the land to the commissioners at the price set out in this subsection. 149 The commissioners may, for the purpose of the undertaking and with the approval of the Lieutenant Governor in Council
(a) receive, hold, take and acquire all voluntary grants and donations of land or other property made to them,
(b) purchase, hold, take and acquire land or other property from the government or any other person, and
(c) mortgage, sell, lease or otherwise alienate and dispose of all or part of the land or other property referred to in paragraphs (a) and (b).

150 (1) The commissioners must hold and invest, in those investments in which trustees are by law authorized to invest trust funds, in their own names or in the names of the trustee appointed under

section 119, all money raised by taxes for a sinking fund account for the payment of any indebtedness at maturity. (2) In estimating the amount to accrue on a sinking fund, a higher rate than 5% on any investment must not be estimated. (3) In addition to the investment of the sinking funds authorized in this Part, they may be invested in the repurchase of debentures or bonds issued by the commissioners for the district.

151 If the office of a commissioner becomes vacant and is not filled while money borrowed under this Part is unpaid, the lenders, or their assignees, or a majority of them, or the trustee for the bond or debenture holders, may by writing signed by them and under their seals appoint a person to act as commissioner, and all the powers and authorities vested in a commissioner by this Part vest in that commissioner.

152 (1) If the commissioners neglect to enforce the payment of the money borrowed under the powers vested in them in accordance with the conditions on which it was borrowed, the lenders or their assignees, or a majority of them, or the trustee for the bond or debenture holders, may apply to the Lieutenant Governor in Council to appoint commissioners instead of the ones then acting. (2) If the commissioners delay for 4 weeks to pay the payments due on the money borrowed, the Lieutenant Governor in Council may dismiss the commissioners and appoint new ones in their place, and all the powers and authorities vested in the commissioners dismissed then devolve on and vest in the newly appointed commissioners.

153 Any writ of execution on a judgment against the commissioners must be endorsed with a direction to the sheriff to levy the amount of it by a levy, and the following rules apply to the proceedings on the writ of execution:
(a) the sheriff must deliver a copy of the writ and endorsement to the clerk of the commissioners, with a statement in writing of the sheriff's fees and of the amount required to satisfy the execution, including in the amount the interest calculated to a day as near as is convenient to the day of service;
(b) if the amount, with interest on it from the day mentioned in the statement, is not paid to the sheriff within one month after the service, the sheriff must examine the plan and assessment roll filed, and must, in the same manner as taxes are levied by the commissioners for general purposes, make a levy, based on and in accordance with the assessment roll, sufficient to cover the amount due on the execution, with the addition to it of the interest, the sheriff's own fees and the collector's percentage up to the time when the taxes will probably be available;
(c) the sheriff must then issue precepts directed to the clerk of the commissioners, and must annex to every precept the roll of the rate, and must by the precept, after reciting the writ, and that the commissioners have neglected to satisfy it, and referring to the plan filed under

section 72, command the clerk to levy the rate at once on the land shown in that plan;
(d) if at the time the rate is levied a general rate roll is delivered to the clerk, the clerk must add a column to it, headed "Execution Rate in A.B. vs.

Commissioners", and must insert in it the amount in the precept required to be levied on each person, and must levy the amount of the execution rate, and must, with all reasonable expedition, return to the sheriff the precept with the amount levied on it, after deducting the percentage for collection;
(e) the sheriff must satisfy the execution and all fees on it, and pay the surplus, if any, to the clerk for the general purposes of the commissioners within 10 days after receiving it;
(f) all employees of the commissioners are, for all purposes connected with the sheriff levying a rate to satisfy an execution, deemed to be officers of the court out of which the writ was issued, and are amenable to the court, and may be proceeded against by attachment or otherwise to compel them to perform the duties imposed on them, and a judge of the court out of which execution issues may make an order as necessary for carrying out these provisions.

154 (1) If an owner, or a bond or debenture holder or creditor of the commissioners, feels aggrieved by the proceedings or by any omission or default of the commissioners, or of any person under this Part, or liable to be prejudiced, the owner, bond or debenture holder or creditor of the commissioners may appeal to a judge in a summary manner on a summons to be granted, if thought expedient, by the judge, and the order may be made as the judge thinks proper. (2) Nothing in this section in any way restricts, prejudices or affects any right or remedy that an owner or other person would have had in the absence of this section.

155 (1) The Lieutenant Governor in Council may, at the request of the commissioners, or at the request of any persons holding debentures or bonds issued by the commissioners, appoint a civil engineer or other properly qualified person to inspect and examine the works in any drainage or diking district. (2) Any repairs or precautionary measures that the engineer or other person may consider urgent must be carried out at once by the commissioners, and at the expense of the owners. (3) In the case of default by the commissioners or extreme urgency, the engineer or other person may, on behalf of the commissioners, carry out the repairs or measures as the agent of the commissioners, and must at once notify the commissioners of the expenditure.

(4) The remuneration and expenses of the engineer or other person must be levied by the commissioners on the land and on the owners of it under this Part. 156 (1) If a drainage or diking district was formed before March 1, 1913, the commissioners holding office at that date are from that date corporations under the name of Commissioners of the ............. District, using the name by which the district is known, and those commissioners have all the rights, powers and authorities given to commissioners appointed under this Part, and the land coloured green on the plans filed in the land title office by the commissioners under the Acts until then in force constitute the respective districts of the commissioners.

(2) Any assessment roll made and filed and taxes levied by commissioners before March 1, 1913 continue to be a binding charge on the land to which it refers, despite a defect either in the appointment of the commissioners or in proceedings taken by them. (3) The commissioners for any district may levy taxes under

section 81 as necessary, and those taxes must be based on and must be in accordance with the assessment roll made and filed, which continues to be the assessment roll for the district to which it refers until the commissioners of the district make a new assessment roll under this Part. 157 This Part applies whether or not all or a part of the land affected is included within the limits of any incorporated municipality.

158 (1) If a dike or other portion of any works executed is injured by an owner or occupier in the district pasturing cattle or horses on marshes or other land adjacent to the dike, or making a road over the dike, or interfering with or breaking any watercourse constructed by the commissioners, or by any other act or default of an owner or occupier, the commissioners may make an order on that person as often as occasion requires to repair the injury at once or by a certain day to be named in the order, and in the case of a refusal to obey the order, or in case the commissioners consider it to be one of sudden emergency, the commissioners must repair the injury.

(2) A person who contravenes the order of the commissioners must forfeit and pay to the commissioners for every offence a sum of not more than $50, which, with the costs of repair, may be recovered by suit in a court of competent jurisdiction as a debt due to the commissioners. (3) In the case of an emergency the commissioners may recover from the person causing or allowing the injury to be done the costs of repair, which must be recovered as a debt due to the commissioners in a court of competent jurisdiction.

159 If a person in any manner wilfully injures works executed under this Part or interferes with the commissioners in carrying out the works authorized under this Part, the person must forfeit for each offence a sum of not more than $50, together with the costs of the repair, which may be recovered on summary conviction before a justice. 160 A commissioner is not liable for an act of the commissioner's predecessor in office, about work in which the commissioner is engaged, except for money the commissioner might or could have collected on account of work done by the predecessor.

161 Except as otherwise directed by this Part, a notice required to be given must be a written notice served on the parties in person, or left at their last known place of residence, or sent by registered letter mailed to their last address. 162 (1) This section applies only to a district constituted before April 1, 1919. (1.1) Each year, the commissioners of a district must, by giving notice in accordance with

section 162.1, call a general meeting of the ratepayers of the district, to be held on a date not earlier than January 15 and not later than January 31 of that year. (1.2) The commissioners must submit to the meeting
(a) a report on the condition of the works under their charge, and
(b) a statement of the financial condition of the district. (1.3) At the meeting, the commissioners may discuss with the ratepayers matters relating to the condition and maintenance of the works under their charge.

(2) Any 3 owners in a district to which this section applies may, on or before December 31 in any year, give notice in writing to the commissioners that at the next annual general meeting they will move that the Lieutenant Governor in Council be requested to order that one of the commissioners retire from office at the end of one year after the meeting, and another at the end of 2 years after the meeting, and another at the end of 3 years after the meeting. (3) If notice of a resolution is given under subsection (2), the notice referred to in subsection (1.1) must include a statement that the resolution will be submitted to the meeting.

(4) If the resolution is passed, a copy of the resolution must be forwarded to the minister, and on the recommendation of the minister the Lieutenant Governor in Council may, by order in council, provide that the commissioners must retire, and when each commissioner must retire. (5) At any annual general meeting after that the owners may appoint a chair and secretary, and must elect a commissioner for a term of 3 years, and pass resolutions in accordance with the powers granted them by this Part.

(6) The secretary must enter the resolutions and the result of elections in a book provided by the commissioners for that purpose, and the commissioners must at once file with the comptroller copies of all reports and statements submitted by the commissioners, copies of the resolutions passed by the meeting, and a certificate from the chair of the election of a commissioner, together with the name of the commissioner elected. (7) If, at an annual general meeting, the owners in any district fail to elect a commissioner, the Lieutenant Governor in Council may appoint a person a commissioner for the district, and the commissioner appointed has the same rights and powers and holds office for the same term as if elected at an annual meeting.

(8) All appointments, elections and resolutions at a general meeting under this section must be determined by a majority in value of the owners present in person or by proxy at the meeting and voting on them. (9) Every instrument appointing a proxy for this section must be in writing signed by the appointor or an attorney authorized in writing, or, if the appointor is a corporation, under its common seal or by an authorized attorney.

(10) A person must not act as a proxy unless the person
(a) is the owner of land in the district, and
(i) is qualified on the person's own behalf to vote at the meeting at which the person acts as proxy, or
(ii) has been appointed to act at that meeting as proxy for a corporation. 162.1 (1) Notice of a meeting called under

section 162 must include
(a) by posting it in a conspicuous place at each post office in the district, or
(b) if there is no post office in the district, by posting it in at least 3 conspicuous public places in the district. 163 (1) The Lieutenant Governor in Council may make regulations referred to in

(a) providing for the procedure to be followed in any proceeding, petition, application, complaint, reference or appeal;
164 (1) If an owner is dissatisfied with an order or decision of the comptroller, the owner may appeal to the minister. (a) within 10 days after the date of the order or decision, serve the comptroller with a written notice of the owner's intention to appeal to the minister, stating the grounds of the appeal, and
(b) within 30 days after the date, apply to the minister to set a day for the hearing of the appeal.

(3) The minister must set a day and place for the hearing of the appeal, notice of which must be given in writing by the comptroller to those interested persons as the minister may direct. (4) At the time and place set by the minister, the minister must hear in a summary manner the appeal and the evidence given on oath, and may adjourn the hearing and defer judgment as the minister thinks advisable. (5) The minister may direct the comptroller to amend or cancel the order or decision, or may order a rehearing or may dismiss the appeal.

165 (1) Sections 77, 162, 163 and 164 do not apply in districts where the powers and duties of the commissioners have been transferred to an inspector of dikes or to the land settlement board. (2) In districts referred to in subsection (1), the inspector or board must, by giving notice in accordance with

section 165.1, call a general meeting of the owners for the purpose of receiving a report on the condition of the works and a statement of financial condition of the district, and to discuss any matters relating to the works or the finances of the district. 165.1 (1) Notice of a meeting called under

section 165 must include
(b) by posting it in at least 3 conspicuous public places in the district. 166 (1) The Lieutenant Governor in Council may order that the powers and duties of the commissioners of any district be transferred to an inspector of dikes.

(2) In an order under subsection (1) or in a subsequent order, the Lieutenant Governor in Council may give discretion to the minister to further transfer the powers and duties of the commissioners of the district from the inspector to a municipality or regional district. (3) The minister may make an order transferring the powers and duties of the commissioners of the district from the inspector to a municipality or regional district if
(a) permitted to do so under subsection (2), or
(b) despite subsection (2), the municipality or regional district requests the transfer. 167 (1) On the making of an order under

section 166 (1), the inspector of dikes named in the order and the inspector's successors in office
(a) are a corporation under the name of the inspector of dikes of the district,
(b) have power to acquire, hold and dispose of property for the purposes of this Part, and
(c) are vested with all the powers and subject to all the duties of the commissioners under this Part. (2) On the making of an order under

section 166 (1), the appointment and office of the commissioners for the district is abrogated. (3) On the making of an order under

section 166 (3), the municipality or regional district named in the order holds separate corporate status under the name of the district, and that corporation
(a) has the power to acquire, hold and dispose of property for the purposes of this Part, and
(b) is vested with all the powers and subject to all the duties of the commissioners under this Part. 168 On the making of an order under

section 166 (1), the commissioners whose powers are transferred must
(a) at once prepare and forward to the inspector of dikes to whom the powers are transferred a true and accurate statement of the accounts of the commissioners, and
(b) deliver to the inspector of dikes all deeds, accounts, books of accounts, vouchers, receipts, letters, memoranda, papers, writings, maps, plans and documents relating to the affairs of the district. 169 The production of a copy of the Gazette purporting to be printed by the Queen's Printer containing a notice of the order in council under

section 166 (1) is conclusive evidence in all courts and in all proceedings of the transfer of the powers and duties of the commissioners for the district to the inspector of dikes and of the regularity of all proceedings leading up to it. 170 (1) In this section, "development district" includes a district, and every drainage, diking or development district incorporated before January 1, 1965 under any Act except the Water Act. (2) Despite any other statute, the Lieutenant Governor in Council may dissolve any development district.

(3) In an order under subsection (2), the Lieutenant Governor in Council may order deletions and alterations in endorsements and entries on certificates of title or other documents deposited in a land title office or created pursuant to the Land Title Act or any statute repealed by it, and despite any statute, the registrar of titles must make the changes ordered. (4) The Lieutenant Governor in Council may make regulations to carry out the spirit and intent of this section. 170.1 If a development district is dissolved under

section 170, the minister responsible for the administration of the Local Government Act may transfer, to either the municipality or to the regional district in which the works of the development district were located, its assets, rights, claims, obligations and liabilities and section 171 or 172 applies, as applicable. 171 (1) [Repealed 2003-72-14.] (2) After a transfer to a municipality under

section 170.1 has been made, the area that was included in the development district is deemed to be a local service area under Division 5 [Local Service Taxes] of Part 7 of the Community Charter, and for these purposes that Division applies. (3) If the works of a development district are located in more than one municipality, the municipalities may assume the assets, rights, claims, obligations and liabilities in accordance with the apportionment set out in the order dissolving the development district, and that portion of the development district in each municipality is a local service area of that municipality.

(4) A council may provide that some or all of the assets of the development district be credited to the local service area and that some or all of the liabilities be charged to the local service area. (5) Without limiting

section 8 (1) [natural person powers] of the Community Charter, a council may enter into an agreement with the Provincial government for the joint undertaking of additional works of a similar nature and for their maintenance. (6) A council may, by bylaw adopted without the assent of the electors or approval of the electors but otherwise in accordance with the Community Charter, borrow sums required under any agreement with the Provincial government. (7) The entire cost or the parts of the cost of an existing work or a work to be constructed under the terms of an agreement under this section, and of its maintenance and operation, as may be determined by the council, must be borne by the owners of real property in the local service area.

section 170.1 has been made, the area that was included in the development district is deemed to be a service area under Part 10 [Regional Districts: Service Structure and Establishing Bylaws] of the Local Government Act and, for these purposes, the following apply:
(a) the following Divisions of Part 10 of that Act:
(i) Division 3 [Establishing Bylaws for Services];
(ii) Division 4 [Approval of Establishing Bylaws];
(iii) Division 5 [Changes to Establishing Bylaws];
(b) the following Divisions of Part 11 [Regional Districts: Financial Management] of that Act:
(i) Division 2 [Cost Recovery for Services];
(ii) Division 3 [Requisition and Tax Collection];
(iii) Division 4 [Tax Rates and Exemptions].

(2) If the works of a development district are located in more than one regional district, the regional districts may assume the assets, rights, claims, obligations and liabilities in accordance with the apportionment set out in the order dissolving the development district, and that portion of the development district in each regional district is a service area of that regional district. (3) A board may provide that some or all of the assets of the development district be credited to the service area and that some or all of the liabilities be charged to the service area. (4) Without limiting

section 263 [corporate powers] of the Local Government Act, a board may enter into an agreement with the Provincial government for the joint undertaking of additional works of a similar nature and for their maintenance. (5) A board may, by bylaw adopted without the assent or approval of the electors but otherwise in accordance with the Local Government Act, borrow sums required under any agreement with the Provincial government. (6) The entire cost or the parts of the cost of an existing work or a work to be constructed under the terms of an agreement under this section, and of its maintenance and operation, as may be determined by the board, must be borne by the owners of real property in the service area.

173 This Act is repealed on December 31, 2010 or on a later date prescribed by regulation of the Lieutenant Governor in Council. [Forms A to H repealed 2002-12-9.] FORM I
In the Matter of the Drainage, Ditch and Dike Act, Part 2, and in the Matter of ...................................... District
Assessment Roll
[Forms J and K repealed 2023-49-35.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 19;
means, except in sections 34, 39 (1) and 104 and Part 10, an authorization under a specified enactment to carry out a related activity, and includes the conditions, if any, imposed on the authorization under this Act or the specified enactment;
means a person who holds an authorization and is not a permit holder;
"board" means the board of the regulator continued under

section 2;
"certificate of restoration" means a certificate issued by the regulator under

section 41;
"commissioner" means the commissioner appointed under

section 6.1 (1);
"energy resource" means
"energy resource activity" means any of the following:
(a) the exploration for or development of petroleum or natural gas;
(b) the production, gathering, processing, storage or disposal of petroleum or natural gas;
(c) the exploration for or development or use of a storage reservoir
(i) in relation to another energy resource activity, or
(ii) for the purposes of storing or disposing of carbon dioxide or a prescribed substance, whether or not in relation to another energy resource activity;
(d) the construction or operation of a facility for the purposes of an activity described in paragraph (a), (b) or (c);
(e) the construction or operation of any of the following facilities:
(i) a facility for manufacturing hydrogen, ammonia or methanol from petroleum, natural gas, water or another substance;
(ii) a facility for converting natural gas into organic compounds;
(f) the construction or operation of a pipeline;
(g) the construction or maintenance of a prescribed road;
"energy resource road" means a road referred to in paragraph (g) of the definition of "energy resource activity";
"environmental measure" means an action a person must take or refrain from taking for the protection or effective management of the environment;
"facility" means a system of vessels, piping, valves, tanks and other equipment that is used to gather, process, measure, store or dispose of an energy resource, water or a substance referred to in paragraph (d) or (e) of the definition of "pipeline";
"flow line" means a pipeline that connects a well head with a scrubbing, processing or storage facility and that precedes the transfer of the conveyed substance to or from a transmission, distribution or transportation line;
"former permit holder" includes a person who was a director of a corporation that
(a) held a permit with respect to which there has been a cancellation, declaration or expiry referred to in

(b) no longer exists or has amalgamated with another corporation;
"government's environmental objectives" means the prescribed objectives of the government respecting the protection and effective management of the environment;
"highway" has the same meaning as in the Transportation Act;
"land owner" means
(a) a person registered in the land title office as the registered owner of the land surface or as its purchaser under an agreement for sale, and
(b) a person to whom a disposition of Crown land has been issued under the Land Act,
but does not include the government or a person referred to in paragraph (b) of the definition of "unoccupied Crown land" in

section 1 of the Petroleum and Natural Gas Act;
"official", except in sections 6 and 8, means a person designated as an official under

section 7 (4);
"off-site environmental mitigation activity", in relation to a permit, means
(a) an activity outside the operating areas of the permit to mitigate or otherwise offset impacts to the environment of
(i) an energy resource activity permitted by the permit, or
(ii) a related activity of an energy resource activity referred to in subparagraph (i) or of the application for the permit under

section 24, and
(b) any of the following activities in relation to an off-site environmental mitigation activity referred to in paragraph (a):
(iii) conducting tests and analyses;
(iv) submitting records and information to the regulator;
"oil and gas or storage activity" means
(a) an activity described in paragraph (a), (b), (c) or (d) of the definition of "energy resource activity",
(b) the construction or operation of a pipeline that is used to
(i) transport petroleum or natural gas, or
(ii) facilitate the carrying out of an activity described in paragraph (a) of this definition, or
(c) the construction or maintenance of an energy resource road, if that activity is being carried out to facilitate the carrying out of an activity described in paragraph (a) or (b) of this definition;
"operating area" means an area, identified in a permit, within which a permit holder is permitted to carry out an energy resource activity;
"permit" means a permit issued under

section 25 and includes any conditions imposed on a permit;
"permit holder" means
(a) a person who holds a permit, and
(b) a person, if any, who is the holder of a location with respect to that permit;
"pipeline" means, except in

section 9, piping through which any of the following is conveyed:
(b) water used for, or produced in the course of, an energy resource activity;
(d) substances prescribed under

section 133 (2) (v) of the Petroleum and Natural Gas Act;
(e) other prescribed substances,
and includes installations and facilities associated with the piping, but does not include
(f) piping used to transmit natural gas at less than 700 kPa to consumers by a gas utility as defined in the Gas Utility Act,
(h) anything else that is prescribed;
"pipeline permit" means a permit that includes a permission to construct, maintain or operate a pipeline;
"pipeline permit holder" means a permit holder of a pipeline permit;
"regulator" means the British Columbia Energy Regulator continued under

section 2;
means an activity
(a) that, under a specified enactment, must not be carried out except as authorized under the specified enactment or that must be carried out in accordance with the specified enactment, and
(b) the carrying out of which is required for or facilitates
(i) carrying out an energy resource activity,
(ii) carrying out an off-site environmental mitigation activity, or
(iii) making an application for a permit under

section 24;
"specified enactment" means any of the following Acts:
(a) Environmental Management Act;
(b) Forest Act;
(c) Heritage Conservation Act;
(d) Land Act;
"specified provision" means the following provisions:
(a) any of the following provisions of the Environmental Management Act:
(i)

section 9 [hazardous waste storage and disposal];
(b) any of the following provisions of the Forest Act:
(i)

section 47.4 [licence to cut for persons occupying land or for energy resource purposes], but only in relation to a master licence to cut;
(ii) sections 52.03 [issuance of cutting permit], 52.10 [extension of cutting permit] and 52.11 [postponement of cutting permit], but only in relation to a cutting permit for a master licence to cut;
(iii)

section 119.6 [issuance of road use permit for natural resource development purpose];
(c) any of the following provisions of the Heritage Conservation Act:
(i) sections 12.4 to 12.8 [permit authorizing certain actions];
(ii) sections 12.2 and 12.3 [heritage inspection and heritage investigation permits and orders];
(d) any of the following provisions of the Land Act:
(i)

section 11, but only in relation to a lease or grant described in section 11 (2) (b) to (d) [disposing of Crown land];
(iii)

section 38 [lease of Crown land], but not to the extent that it relates to the granting of an option to purchase land;
(iv)

section 96 (1) [occupational rental];
(e) any of the following provisions of the Water Sustainability Act, but only in relation to a use approval or a change approval as those terms are defined in

section 11 [changes in and about a stream], in respect of a person other than the government of British Columbia or Canada or a municipality;
(iii)

section 24 [permits over Crown land];
(f) a prescribed regulation under a specified enactment;
"spillage" means an energy resource, oil, solids or other substances escaping, leaking or spilling from
(a) a pipeline, well, shot hole, flow line, or facility, or
(b) any source apparently associated with any of those substances. Division 1 — British Columbia Energy Regulator
2 (1) The Oil and Gas Commission is renamed as the British Columbia Energy Regulator and is continued as a corporation consisting of a board of directors appointed under this section.

(2) The board is to consist of at least 5 and no more than 7 directors appointed by the Lieutenant Governor in Council as follows:
(a) one director who is a deputy minister;
(b) one director who is an Indigenous person;
(c) at least 3 and no more than 5 additional directors. (3) The chair of the board is a director who
(a) is designated in writing as chair by the minister, or
(b) if a chair is not designated under paragraph (a), is appointed by the board in accordance with procedures established under

section 5 (1). (4) The board must elect a vice chair from among the directors. (5) An individual may be appointed as a director for a term of no more than 5 years and may be reappointed. (6) A majority of the directors holding office constitutes a quorum at meetings of the board. (7) If there is a tie vote, the chair of the board or, in the absence of the chair, the vice chair has the deciding vote. (8) A vacancy in the membership of the board or the incapacity of one of the directors does not impair the power of the remaining directors to act.

(9) If a director dies or is unable to act or if a director's position is otherwise vacant, the minister, by order, may appoint an acting director for a period not longer than 6 months. (10) The regulator may pay to a director remuneration and expense allowances at rates set by the minister. 4 The purpose of the regulator is to regulate energy resource activities in a manner that protects public safety and the environment, supports reconciliation with Indigenous peoples and the transition to low-carbon energy, conserves energy resources and fosters a sound economy and social well-being.

5 (1) The board may pass resolutions it considers necessary or advisable to direct its affairs, exercise its powers and perform its duties, including resolutions for one or more of the following:
(a) calling and holding meetings of the board and the procedures to be followed at meetings;
(b) making regulations of the board;
(c) approving the regulator's annual service plan under the Budget Transparency and Accountability Act, as well as the regulator's annual budget estimate detailing the expected revenues and planned expenditures of the regulator for the next fiscal year;
(d) establishing a plan of organization to carry out the powers of the regulator.

(a) establish, in accordance with the regulations, if any, a conflict of interest policy for the directors that includes provisions respecting
(i) the disclosure of interests in contracts or transactions with the regulator,
(ii) the duty to account for profits,
(iii) the validity of contracts and transactions in which a director has an interest, and
(iv) the disclosure of any property owned or office held by a director that may create a conflict of interest or duty,
(b) submit the policy referred to in paragraph (a) to the minister, and
(c) establish a code of conduct, including conflict of interest provisions, that governs the conduct of employees of the regulator.

(3) On receipt of a conflict of interest policy under subsection (2) (b) or on the minister's own initiative, the minister may order the board to amend its conflict of interest policy and resubmit that policy to the minister in accordance with the order. (4) A resolution of the board that is approved by directors, whether present in person or approving by telephone, facsimile transmission, electronic mail or any other similar means of communication, confirmed in writing or other graphic communication, is as valid as if it had been passed at a meeting of the board properly called and constituted.

6 (1) For the purposes of this Act, the regulator may do any or all of the following:
(a) subject to subsection (2), acquire, hold and dispose of property;
(b) invest money, and, subject to the prior approval of the Lieutenant Governor in Council, borrow money;
(c) subject to subsection (2), negotiate and enter into agreements with any person, including the government of British Columbia, the government of Canada, the government of another province or of a territory, a local government, a First Nation or with an official or agency of any of them;
(d) subject to subsection (2), expend money for the purposes of administering the Act;
(e) do other things that the Lieutenant Governor in Council may authorize.

(2) In the prescribed circumstances, the regulator may exercise the power referred to in subsection (1) (a), (c) or (d) only with the approval of the Lieutenant Governor in Council. (3) With the prior approval of the Lieutenant Governor in Council, the regulator may in any year pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.

(4) If directed to do so by the Lieutenant Governor in Council, the regulator must pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality. 6.1 (1) The Lieutenant Governor in Council may appoint an individual, to be known as the commissioner, as the chief executive officer of the regulator. (2) If the commissioner dies or is unable to act or if the commissioner's position is otherwise vacant, the minister, by order, may appoint an individual to be the acting commissioner for a period not longer than 6 months. (3) The board may appoint a deputy commissioner.

(4) A deputy commissioner has the powers of the commissioner, unless the board otherwise directs, and is subject to any directions given by the commissioner. 7 (1) Subject to the direction of the board, the commissioner must manage the operations of the regulator or supervise the management of those operations. (2) The commissioner has the powers and duties of an official and of the regulator under this Act, other than those powers and duties expressly given to the board under this Act. (3) The commissioner may hire employees of the regulator necessary to carry on the business and operations of the regulator and may define their duties and determine their remuneration.

(4) The commissioner may designate a person as an official for the purposes of provisions, specified by the commissioner in the designation, of this Act or the regulations made under this Act. (a) delegate the exercise of any power or performance of any duty conferred or imposed on the regulator under this Act, other than those powers and duties expressly given to the board under this Act, to an employee or official of the regulator or another public officer, and
(b) in making a delegation, provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty. (6) A delegation under subsection (5) may be made by name or by designation of the office.

8 (1) For the regulation of energy resource activities and related activities, the regulator, instead of the official named in a specified provision,
(a) has all the powers relating to a discretion, function or duty referred to in the specified provision, including, without limiting this, the powers in the specified enactment relating to the administration and enforcement of an authorization, and
(b) is charged with all the responsibilities pertaining to that discretion, function or duty. (2) Despite subsection (1), both the regulator and the director, as the latter is defined in

section 1 of the Environmental Management Act, have all the powers referred to in section 14 of that Act and are charged with all the responsibilities pertaining to those powers. (3) Subject to this Act, the exercise of the powers conferred on the regulator by subsection (1), the carrying out of each discretion, function and duty referred to in a specified enactment and the responsibilities with which the regulator is charged under this section remain subject to the specified enactment and that specified enactment continues to apply. (4) Despite subsections (1) and (3), the regulator and the appropriate officials under the various specified enactments are each responsible for enforcing the specified enactments in relation to the matters described in the specified provisions.

"approval" means an approval, with any conditions imposed, under a specified enactment to carry out an activity
(a) that, under the specified enactment, must not be carried out except as approved under the specified enactment, and
(i) making an application under the Canadian Energy Regulator Act (Canada) to operate or construct a pipeline, or
(ii) operating or constructing a pipeline;
"pipeline" has the same meaning as in the Canadian Energy Regulator Act (Canada). (2) The regulator's powers under

section 8 do not include the power to issue an approval with respect to a pipeline that is subject to the Canadian Energy Regulator Act (Canada). (3) Despite subsection (2), the Lieutenant Governor in Council may, by regulation, extend the regulator's powers under

section 8 to include the power to issue an approval under one or more specified enactments with respect to a pipeline referred to in subsection (2). (4) If the regulator's powers are extended as described in subsection (3) in relation to an approval under one or more specified enactments,
(a)

section 8 applies respecting the applicable specified enactments in relation to the pipeline, whether or not the regulator issued the approval,
(b)

section 24 (3) does not apply to the granting of the approval,
(b.1)

section 32 (1.1) does not apply in relation to the approval, and
(c) for the purposes of this Act other than this section and sections 34, 39 (1) and 104 and Part 10, an approval must be considered to be an authorization and a person who holds an approval must be considered to be an authorization holder. 10 (1) The minister may order an independent audit of the performance of the regulator in fulfilling its purposes or exercising its powers and performing its functions and duties under this Act.

(2) The minister responsible for the Wildlife Act may order an independent audit of the performance of the regulator in fulfilling its purposes or exercising its powers and performing its functions and duties under this Act in relation to the protection and effective management of the environment. (3) An order under subsection (1) or (2) must include terms of reference for the audit. (4) If requested by an auditor appointed for the purposes of subsection (1) or (2), the regulator must submit records in its possession that the auditor determines are relevant to the audit.

(5) Before an audit report is finalized, the auditor must provide to the board
(a) a copy of the draft audit report, and
(b) a reasonable opportunity to review and comment on the report. (6) As soon as practicable after completing an audit, the auditor must submit the final audit report and any comments of the board to
(a) the minister who issued the order under subsection (1) or (2), and
11 (1) The board may establish and appoint an advisory committee to consider or inquire into any matter and to report its findings and provide its advice to the board. (2) The regulator may pay to a person appointed as a member of an advisory committee remuneration and expense allowances at rates set by the minister.

12 (1) At the request of the Lieutenant Governor in Council, the regulator must, at the places and times and in a manner the Lieutenant Governor in Council considers advisable,
(a) make inquiries, conduct investigations and prepare studies and reports on any matter within the scope of this Act, and
(b) recommend to the Lieutenant Governor in Council any measures the regulator considers necessary or advisable in the public interest related to energy resource activities. (2) Subsection (1) does not apply to a matter that is before the regulator. 13 (1) The Public Service Act and the Public Service Labour Relations Act do not apply to the regulator or to its employees.

(2) Despite subsection (1), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, continues to apply to the regulator and to its employees. 14 (1) The regulator must establish and maintain an accounting system satisfactory to the Minister of Finance. (2) The regulator must prepare financial statements in accordance with generally accepted accounting principles. (3) Whenever required by the Minister of Finance, the regulator must provide detailed accounts of its revenues and expenditures for the period or to the date the Minister of Finance designates. (4) All books or records of account, documents and other financial records of the regulator are at all times open for inspection by the Minister of Finance or a person designated by the Minister of Finance.

(5) The Minister of Finance may direct the Comptroller General to examine and report to Treasury Board on any or all of the financial and accounting operations of the regulator. (6) The regulator, with the approval of the Minister of Finance, may budget for a deficit in a fiscal year. (7) The Minister of Finance, for the purposes of subsection (6), may grant an approval for one fiscal year or for any other number of fiscal years. (8) The fiscal year of the regulator is a period of 12 months beginning on April 1 in each year and ending on March 31 in the next year. (9) The Minister of Finance is the fiscal agent of the regulator.

15 Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the regulator, an auditor appointed by the regulator must, at least once for each fiscal year, audit and report on the accounts of the regulator to the Executive Council through the minister and to the board, and the costs of the audit must be paid by the regulator. 16 (1) Subject to subsection (2), the Business Corporations Act does not apply to the regulator. (2) The Lieutenant Governor in Council, by order, may declare that certain provisions of the Business Corporations Act and Societies Act apply to the regulator. 18 (1) In this section, "revenue" includes interest but does not include penalties.

(2) The Minister of Finance, out of the consolidated revenue fund, must pay to the regulator
(a) the gross revenue received from the levies authorized under

section 110,
(b) the gross revenue received from the levies authorized under

section 47, and
(c) the gross revenue received from fees in relation to
(i) applications for and issuance of permits and the prescribed authorizations issued by the regulator under this Act, and
(ii) fees prescribed under

section 112 (1) (c). (3) With the approval of Treasury Board, the minister may pay out of the consolidated revenue fund, on application by the regulator, money required for the purposes of sections 12, 52 and 53. Division 2 — Oil and Gas Appeal Tribunal
19 (1) The Oil and Gas Appeal Tribunal is continued as the Energy Resource Appeal Tribunal. (2) The appeal tribunal is to hear appeals under

section 72. (3) The appeal tribunal consists of the following members appointed by the Lieutenant Governor in Council after a merit-based process:
(a) a member designated as the chair;
(b) one or more members designated as vice chairs after consultation with the chair;
(c) other members appointed after consultation with the chair. 20 The following provisions of the Administrative Tribunals Act apply to the appeal tribunal:
(d) Part 4 [Practice and Procedure], except the following:
(i)

section 23 [notice of appeal (exclusive of prescribed fee)];
(ii)

section 34 (1) and (2) [party power to compel witnesses and require disclosure];
(e)

(g) Part 6 [Costs and Sanctions], except

section 47.2 (1) (a) and (c) [government and agents of government];
(j)

section 59 [standard of review without privative clause];
(n) Part 10 [Miscellaneous], except

section 62 [application of Act to BC Review Board]. Part 3 — Energy Resource Activities
21 Subject to

section 23, a person must not carry out an energy resource activity unless
(i) the person holds a permit that gives the person permission to carry out that energy resource activity, or
(ii) the person is required to carry out that energy resource activity by an order issued under

section 49, and
(b) the person carries out the energy resource activity in compliance with
(i) this Act and the regulations,
22 (1) In subsection (3), "prescribed applicant" means a person who intends to submit an application under

section 24 and who is in a prescribed class of persons. (2) Before submitting an application under

section 24, a person must notify the land owner of the land on which the person intends to carry out an energy resource activity of the person's intention to submit the application, and the notice must advise the land owner that the land owner may make a submission to the regulator under subsection (5) of this section with respect to the application or proposed application. (3) Subject to subsection (4), before submitting an application under

section 24, a prescribed applicant must carry out the prescribed consultations or provide the prescribed notices, or both, as applicable, with respect to the energy resource activities, off-site environmental mitigation activities and related activities, if any, that will be the subject of the prescribed applicant's application. (4) The regulator, on written request, may exempt a person from one or more of the applicable consultation or notification requirements under subsection (3) and, on making an exemption, substitute other consultation or notification requirements than those prescribed for the purposes of subsection (3). (5) A person, other than the applicant, may make a written submission to the regulator with respect to an application or a proposed application under

section 24. (6) If a person makes a submission under subsection (5), the regulator must send a copy of the submission to the applicant or to the person intending to apply for a permit, as the case may be. 23 (1) Before submitting an application under

section 24 for a pipeline permit, a person may submit to the regulator a preliminary plan of the proposed route of the pipeline. (2) Subject to subsection (3), a person may enter on land as necessary for making surveys, examinations or other arrangements for the purpose of fixing the site of the pipeline referred to in subsection (1), if the person
(a) has submitted a preliminary plan under subsection (1), and
(i) provided the prescribed security to the regulator to compensate the land owner or the Crown for any damage or disturbance that may be caused by the entry on the land by the person, or
(ii) entered into an agreement with the land owner regarding entry on the land.

(3) A person who has not entered into an agreement referred to in subsection (2) (b) (ii) must notify, in accordance with the regulations, the owner of the land of the person's intention to enter on that land. (4) The right of entry under subsection (2) does not extend to any of the following:
(c) protected heritage property, unless the person is authorized by the local government or the minister responsible for the protection of the protected heritage property. (5) In subsection (4) (c), "protected heritage property" means land or an object that is
(a) protected under

section 12.1 of the Heritage Conservation Act,
(b) designated under

section 611 of the Local Government Act or section 593 of the Vancouver Charter, or
(c) included under

section 614 (3) (b) of the Local Government Act in a schedule to an official community plan. 24 (1) Subject to subsection (4), a person may apply to the regulator for a permit by submitting, in the form and manner the regulator requires,
(a) a description of the proposed site of the energy resource activity,
(b) the information, plans, application form and records required by the regulator,
(c) a written report, satisfactory to the regulator, regarding the results of the consultations carried out or notification provided under

section 22, if any,
(d) the prescribed information,
(e) the prescribed records, and
(f) the security required under

section 30. (2) An application for a permit under subsection (1) may be consolidated with an application for an authorization. (3) Despite anything in a specified enactment, the regulator may not grant an authorization to a person for a related activity unless the person meets the prescribed requirements.

(4) A person may not submit an application for a permit to drill or operate a well, other than a water source well, unless
(a) the person is the owner of the petroleum and natural gas rights or is the holder of the location in respect of the well,
(b) the person has an agreement with the owner or the holder of the location referred to in paragraph (a) authorizing the drilling or operation, as applicable,
(c) the person is the holder of a storage reservoir licence issued under

section 130 of the Petroleum and Natural Gas Act, or
(d) the minister has approved the submission under subsection (5). (5) For the purposes of subsection (4) (d), the minister may
(a) approve the submission by a person of an application for a permit to drill a well if the well is to be drilled for exploratory or research purposes only, and
(b) in approving a submission under paragraph (a), declare that, if a permit is issued to the person on the basis of the submission, the person is not required to be an owner or holder referred to in subsection (4) or have the agreement referred to in that subsection in order to drill or operate the well for the purposes referred to in paragraph (a).

25 (1) Subject to subsection (1.1), on application by a person under

section 24 and after considering
(a) written submissions made under

section 22 (5), if any, and
(b) the government's environmental objectives, if any have been prescribed for the purposes of this section,
the regulator may issue a permit to the person if the person meets the requirements prescribed for the purposes of this section. (1.1) The Lieutenant Governor in Council, by regulation, may issue a direction to the regulator with respect to the exercise of the regulator's power under

section 8 or subsection (1) of this section, and the regulator must comply with the direction despite any other provision of
(a) this Act, the regulations or an order made under this Act, or
(2) In issuing a permit under subsection (1), the regulator
(a) must specify the energy resource activities the person is permitted to carry out, and
(b) may impose any conditions on the permit that the regulator considers necessary. (3) A permit and any authorizations granted to the applicant for the permit may be issued as a single document. (4) If the regulator issues a permit under subsection (1), the regulator must provide notice, in accordance with subsection (5), to the land owner of the land on which an operating area is located.

(5) A notice under subsection (4) must
(a) advise the land owner of the issuance of the permit and of the location of the proposed site of an energy resource activity on the land owner's land, and
(b) state that the land owner may appeal under

section 72 the decision to issue the permit, and include an address to which an appeal may be sent. (6) A permit holder must not begin an energy resource activity on a land owner's land before the expiry of 15 days from the day the permit was issued, unless the land owner consents in writing to the activity beginning before the expiry of that period. "energy resource management area" means an energy resource management area established under

section 105.1 (1) (b) (i);
"mitigation area", in relation to an oil and gas management area, means a mitigation area established under

section 105.1 (1) (b) (ii) as a mitigation area for the oil and gas management area;
(2) Subject to subsection (3) and the regulations, in issuing or amending a permit that permits an energy resource activity in a prescribed class of energy resource activities to be carried out in an energy resource management area, the regulator
(a) must specify in the permit
(i) the off-site environmental mitigation activities the permit holder is required to carry out, and
(ii) the mitigation area for the energy resource management area, or a location in that mitigation area, where those off-site environmental mitigation activities must be carried out, and
(b) may specify in the permit when and how those off-site environmental mitigation activities must be carried out, including, without limitation, by specifying methods to be used or results to be achieved.

(3) In amending a permit, the regulator may not specify off-site mitigation activities in relation to any of the following:
(a) an energy resource activity that is or was permitted by the permit before the amendment, unless the amendment will increase the potential impacts to the environment of the energy resource activity;
(b) in the case of an amendment that will increase the potential impacts to the environment of an energy resource activity described in paragraph (a), the actual or potential impacts to the environment of the energy resource activity permitted by the permit before the amendment.

26 (0.1) In this section, "associate", in relation to a permit holder or applicant, means any of the following, as applicable:
(a) an agent of the applicant or permit holder;
(b) a director, officer or shareholder of the applicant or permit holder;
(c) a person who, in the opinion of the regulator,
(i) may have influence over the applicant or permit holder, or
(ii) may be able to affect the activities permitted by the permit.

(b) suspend a permit or a permission specified in a permit,
(c) cancel a permit or a permission specified in a permit, or
(2) Without limiting the authority of the regulator under subsection (1), the regulator may make a decision under subsection (1) if the applicant or permit holder, or an associate of the applicant or permit holder, does any of the following:
(a) contravenes or has contravened
(i) this Act, the regulations, a permit, an authorization or an order issued under this Act, or
(ii) the Petroleum and Natural Gas Act or regulations made under that Act;
(b) fails to meet or no longer meets any of the conditions of

section 24 (4);
(c) fails to meet or no longer meets the requirements prescribed for the purposes of

section 25 (1), if any;
(d) begins an energy resource activity permitted by a permit but then fails to carry out or continue that energy resource activity;
(e) engages in or has engaged in a pattern of conduct that shows, in the commissioner's opinion, that the person is unfit to have a permit;
(f) is or has been convicted of an offence under
(i) this Act or any other enactment, or
(ii) a law enacted by the government of Canada, another province of Canada or a foreign jurisdiction
for conduct that shows, in the commissioner's opinion, that the person is unfit to have a permit.

(3) Without limiting the authority of the regulator under subsection (1), the regulator may make a decision under subsection (1) with respect to an applicant or permit holder if the applicant or permit holder is an employer, employee, officer, director or agent of a
(a) permit holder against whom the regulator has made a decision under subsection (1), or
(b) permit holder that has an employee, officer, director or agent against whom the regulator has made a decision under subsection (1).

(4) Without limiting the authority of the regulator under subsection (1), the regulator may make a decision under subsection (1) with respect to a permit holder who holds more than one permit for any contravention by the permit holder of
(a) any of the permit holder's permits, or
(b) any order issued to the permit holder with respect to energy resource activities permitted, or off-site environmental mitigation activities required, under any of the permit holder's permits. (5) If the regulator suspends or cancels a permit or a permission under subsection (1) (b) or (c) or a permit expires under

section 32 (1), the regulator may also suspend or cancel an authorization issued to the permit holder for a related activity of an energy resource activity permitted, or an off-site environmental mitigation activity required, by the permit, whether or not a specified enactment prohibits the suspension or cancellation of the authorization or requires the regulator to make a finding other than the suspension or cancellation of a permit before suspending or cancelling an authorization. (6) The regulator must give a permit holder an opportunity to be heard before making a decision under subsection (1) (b), (c) or (d) or (5) and must notify the permit holder of its decision under any of those provisions.

(7) If the regulator refuses under subsection (1) to issue a permit, the regulator must provide notice, in accordance with subsection (8), to the land owner of the land notified by the applicant under

section 22 (2). (8) A notice under subsection (7) must advise the land owner
(a) that the regulator has refused to issue a permit,
(b) that the applicant for the permit may, in relation to the refusal, request a review under

section 70 or appeal under section 72, and
(c) that the land owner may, on request, be a party to an appeal referred to in paragraph (b). 27 (1) The regulator, on its own initiative or on application by a permit holder or authorization holder, may declare to be spent
(a) a permit, if the regulator considers that the permit holder no longer requires the permit,
(b) a permission specified in a permit, if the regulator considers that the permit holder no longer requires the permission, and
(c) despite anything in a specified enactment prohibiting the declaration, an authorization held by the permit holder or authorization holder, if the regulator considers that the permit holder or authorization holder no longer requires the authorization.

(2) Before the regulator makes a declaration under subsection (1) on its own initiative, the regulator must give the permit holder or authorization holder an opportunity to be heard. (3) If the regulator declares a permit or permission or an authorization to be spent under subsection (1), the regulator must provide written notice of that declaration to the permit holder, former permit holder, authorization holder or former authorization holder. "applicable Act" means the Forest Act, the Forest and Range Practices Act, the Railway Act and the Railway Safety Act;
means a person authorized to grant an approval under an applicable Act.

(2) Despite anything in an applicable Act but subject to subsection (3),
(a) the regulator, in a pipeline permit, may give permission to the pipeline permit holder to construct or operate a pipeline across, along, over or under any highway, road, public place, railway, underground communication or power line or another pipeline, and
(b) the pipeline permit holder may carry out the activities referred to in paragraph (a) in accordance with the pipeline permit and this Act.

(3) If, but for subsection (2), a permit holder would not be entitled to carry out the activities referred to in subsection (2) (a) without obtaining an approval under an applicable Act, the authority, on application made by the pipeline permit holder in accordance with the applicable Act, must grant the approval to the pipeline permit holder, but may impose, with respect to the carrying out of those activities, any conditions that the authority is authorized to impose on the approval under the applicable Act.

29 (1) On application in writing signed by both a permit holder and a person who wants to acquire the permit, the regulator
(a) may transfer the permit to that person, subject to any conditions the regulator considers necessary, and
(b) if the regulator transfers the permit under paragraph (a), must transfer, despite anything in a specified enactment prohibiting the transfer, all authorizations issued to the permit holder for related activities of an energy resource activity permitted, or an off-site environmental mitigation activity required, by the permit.

(1.1) On application in writing signed by both an authorization holder and a person who wants to acquire the authorization, the regulator may transfer, despite anything in a specified enactment prohibiting the transfer, the authorization to that person, subject to any conditions the regulator considers necessary. (1.2) Despite subsection (1), an application under that subsection is not required to be signed by the permit holder if
(a) the permit is cancelled under

section 26, 33 or 43.3,
(b) the permit is declared to be spent under

section 45, or
(d) the regulator is satisfied that the permit holder no longer exists or cannot be located. (2) In deciding whether to grant an application under subsection (1), the regulator may consider
(a) any of the matters referred to in

section 26 (2) to (4), and
(b) any other matter that may be considered under a specified enactment,
as though the person who wants to acquire the permit were an applicant for the permit and an authorization referred to in subsection (1) (b) of this section. (2.1) Subsection (2) applies to a transfer under subsection (1.1). (2.2) If the regulator decides to grant an application under subsection (1) in relation to a permit described in subsection (1.2) (a) or (b), the permit is reinstated. (2.3) If the regulator decides to grant an application under subsection (1) in relation to a permit described in subsection (1.2) (c), the orphan site designation is cancelled.

(3) A person to whom a permit or authorization is transferred under subsection (1) or (1.1) has the same rights and obligations as if the permit or authorization had been issued to that person. 30 (1) The regulator, by order or by imposition of a condition under

section 25 (2) (b), may require a holder or applicant to provide security to the regulator, in the amount the regulator requires and in accordance with the regulations, to ensure the performance of an obligation under this Act, a permit or an authorization. (2) In this section, "holder or applicant" means a permit holder, an applicant for a permit, a transferee of a permit, an authorization holder, an applicant for an authorization or a transferee of an authorization.

31 (1) Before submitting an application under subsection (4) for an amendment to a permit, a permit holder must provide notice to the land owner of the land on which an operating area is located, and the notice must
(a) provide a description of the proposed amendment, and
(b) advise the land owner that the land owner may make a submission to the regulator under subsection (2).

(1.1) The regulator may exempt a person or a class of persons from the requirement to provide notice under subsection (1) to a land owner or a class of land owners if the regulator is satisfied that
(a) the activity respecting the proposed amendment would not be carried out on the land of the land owner or class of land owners, and
(b) the proposed amendment would not change the effect of the permit on the land of the land owner or class of land owners. (2) A land owner who receives a notice under subsection (1) may make a written submission to the regulator regarding the proposed amendment within 15 days of receiving the notice.

(3) If a land owner makes a submission under subsection (2), the regulator must send a copy of the submission to the permit holder. (4) After complying with subsection (1), a permit holder may apply to the regulator for an amendment to the permit holder's permit by submitting an application in writing. (5) On receipt of an application under subsection (4), the regulator may require the permit holder to carry out one or more of the prescribed consultations or provide one or more of the prescribed notices, as applicable, with respect to the proposed amendment. (6) A permit holder required to carry out consultations or provide notice under subsection (5) must submit a written report to the regulator regarding the results of the consultations or notice.

(7) On receipt of an application under subsection (4) and after considering a submission made under subsection (2), if any, and the results of consultations carried out or notices provided under subsection (5), if any, the regulator may amend the permit holder's permit or refuse to amend the permit.

(8) An amendment made under subsection (7) is effective on and after the day it is made, unless the amendment changes the effect of the permit on the land of the land owner referred to in subsection (1), in which case the amendment is effective on and after the earlier of the following:
(a) the 15th day following the day it is made;
(b) the day the permit holder obtains written consent from the land owner to treat the amendment as being in effect on and after the date the consent is given.

(9) If the regulator amends a permit under subsection (7), the regulator must provide notice to the land owner referred to in subsection (1) in accordance with subsection (10), unless notice was not required under subsection (1.1). (10) A notice under subsection (9) must
(a) advise the land owner of the amendment,

section 72 the decision to amend the permit if the amendment changes the effect of the permit on the land of the land owner, and
(c) provide an address to which an appeal may be sent. (11) If the regulator refuses to amend a permit under subsection (7), the regulator must provide to the land owner referred to in subsection (1) notice in accordance with subsection (12). (12) A notice under subsection (11) must advise the land owner
(a) that the applicant for the amendment may, in relation to the refusal, request a review under

(b) that the land owner may, on request, be a party to an appeal referred to in paragraph (a). 32 (1) Subject to subsections (8) and (9), a permit and, despite anything in a specified enactment, any authorization issued to the permit holder for a related activity of an energy resource activity permitted, or an off-site environmental mitigation activity required, by the permit expire on the day after the prescribed period has elapsed if the permit holder has not by that day begun an energy resource activity permitted by the permit.

(1.1) Despite anything in a specified enactment, an authorization issued to an authorization holder expires if the authorization holder has not applied for a permit before the prescribed period has elapsed. (2) A permit holder, before the expiry of the permit holder's permit under subsection (1), may apply to the regulator for an extension of the prescribed period with respect to the permit holder's permit and authorizations by submitting to the regulator the information, application form and records required by the regulator. (3) On receipt of an application under subsection (2), the regulator may require the permit holder to carry out one or more of the prescribed consultations or provide one or more of the prescribed notices with respect to the extension for which the application is made.

(4) A permit holder required to carry out consultations or provide notice under subsection (3) must submit a written report to the regulator regarding the results of the consultations or notice. (5) On application under subsection (2), the regulator may
(a) extend by not more than one year the prescribed period with respect to the applicant's permit, and
(b) in granting an extension, impose additional conditions on the permit and the authorizations. (6) Despite anything in a specified enactment, if the regulator grants an extension under subsection (5) for a period of time, the regulator may also extend the term of an authorization referred to in subsection (1), other than an authorization under

section 10 [use approvals] of the Water Sustainability Act. (7) An extension with respect to a permit holder's permit and authorizations may be granted under this section only once, unless the regulator is satisfied there are special circumstances to justify one or more further extensions. (8) Despite subsection (1), a permit or an authorization does not expire under that subsection if the regulator grants an extension under subsection (5) with respect to the permit or the term of the authorization is extended under subsection (6).

(9) Despite subsection (1), an authorization issued to a permit holder for a related activity of an off-site environmental mitigation activity required by the permit does not expire under that subsection if the permit holder has begun to carry out the off-site environmental mitigation activity by the day referred to in that subsection. 33 (1) A permit holder may send a notice to the regulator advising the regulator of the permit holder's intention to surrender the permit or a permission specified in a permit. (1.1) An authorization holder may send a notice to the regulator advising the regulator of the authorization holder's intention to surrender the authorization.

(2) On receipt of a notice under subsection (1), the regulator may
(a) cancel the permit holder's permit or permission, as the case may be, and
(b) despite anything in a specified enactment, cancel an authorization issued to the permit holder for a related activity of
(i) the energy resource activity with respect to which the notice was submitted, or
(ii) an off-site environmental mitigation activity required by the permit in relation to that energy resource activity. (2.1) On receipt of a notice under subsection (1.1), the regulator, despite anything in a specified enactment, may cancel the authorization. (3) A cancellation under subsection (2) or (2.1) is effective on the date specified by the regulator.

Division 2 — Rights and Obligations
"entry agreement" means an agreement
(i) a specified permit holder, and
(ii) a land owner of an area of land, and
(b) that authorizes the specified permit holder to enter, occupy or use the land owner's area of land for the purposes of constructing and operating a pipeline other than a flow line;
"specified permit holder" means a pipeline permit holder who holds a permit respecting a pipeline other than a flow line.

(2) Subject to sections 23 and 39 and subsection (3) of this section, a permit holder must not begin or carry out an energy resource activity or an off-site environmental mitigation activity on or under an area of land unless the permit holder,
(a) if the area of land is not a highway, either is the owner in fee simple of the area of land or has acquired the area of land or the necessary interests in the area of land in accordance with
(i) the Land Act or the Ministry of Lands, Parks and Housing Act,
(ii) Part 16 or 17 of the Petroleum and Natural Gas Act, or
(iii) subsection (3) of this section, or
(b) if the area of land is a highway, has obtained an authorization required under an enactment to enter, occupy or use the area of land.

(3) Subject to subsection (4), if a specified permit holder has failed to obtain an entry agreement, the specified permit holder may expropriate, in accordance with the Expropriation Act, as much of the land or interests in it of any person as may be necessary for constructing and operating the pipeline authorized by the permit. (4) The land that may be expropriated under subsection (3) must not exceed 18 m in breadth. (5) On application by a specified permit holder, the regulator may authorize, on any conditions the regulator considers appropriate, an expropriation, in accordance with the Expropriation Act, that exceeds the breadth specified in subsection (4).

35 (1) In carrying out energy resource activities, off-site environmental mitigation activities and related activities, a permit holder, an authorization holder or a person entering land under

section 23 must minimize
(a) damage and disturbance to the sites of those activities, and
(2) A pipeline permit holder must make reasonable efforts to ensure that its energy resource activities do not prevent access to or use of a highway, road, railway or public place. (3) A pipeline permit holder, as soon as reasonably possible after constructing a pipeline, must restore, in accordance with the regulations, if any, the land and surface disturbed by the construction. 36 (1) A permit holder and a person carrying out an energy resource activity or an off-site environmental mitigation activity must comply with environmental measures established under the authority of a regulation made under

section 98, the regulator, by order, may exempt, on any conditions the regulator considers necessary, a permit holder or a person carrying out an energy resource activity or an off-site environmental mitigation activity from a requirement imposed by regulation under section 103. 37 (1) A permit holder, an authorization holder and a person carrying out an energy resource activity or an off-site environmental mitigation activity must
(b) promptly report to the regulator any damage or malfunction likely to cause spillage that could be a risk to public safety or the environment.

(2) If spillage occurs, a permit holder, an authorization holder or person carrying out an energy resource activity or an off-site environmental mitigation activity must promptly do all of the following:
(a) remedy the cause or source of the spillage;
(b) contain and eliminate the spillage;
(c) remediate any land or body of water affected by the spillage;
(d) if the spillage is a risk to public safety or the environment, report to the regulator
(i) the location and severity of the spillage, and
(ii) any damage or malfunction causing or contributing to the spillage. (3) A person who is aware that spillage is occurring or likely to occur must make reasonable efforts to prevent or assist in containing or preventing the spillage.

38 (1) A permit holder and an authorization holder must do all of the following:
(a) prepare and maintain the prescribed records, reports and plans;
(b) prepare and maintain an emergency response program and a response contingency plan satisfactory to the regulator or as prescribed by regulation, if any;
(c) prepare and maintain the records, reports and plans the regulator orders the permit holder or authorization holder to maintain;
(d) at the request of the regulator, produce the records, reports and plans referred to in paragraph (a), (b) or (c) for inspection and copying;
(e) at the request of the regulator or as prescribed by regulation, submit to the regulator, in the form and manner the regulator requires, the records, reports and plans referred to in paragraph (a), (b) or (c).

38.1 The regulator, in accordance with and to the extent required by the regulations, must
(a) disclose to the public, or keep confidential, the records, reports and plans referred to in

section 38, and
(b) disclose to the public applications received under sections 24 and 31. 39 (1) If a permit holder begins an energy resource activity but ceases to have the interests in land or authorization referred to in

section 34 necessary to carry out that activity, the permit holder must immediately suspend all energy resource activities and related activities being carried out on that land, unless the regulator approves the continuation of those activities under subsection (2). (2) The regulator, on application by a permit holder referred to in subsection (1), may
(a) approve the continuation of the permit holder's energy resource activities and related activities, and
(b) on granting an approval under paragraph (a), impose additional conditions on the permit holder's permit and authorizations, if any.

(3) A permit holder with permission to drill or operate a well must immediately suspend its drilling and operations if
(i) to be the owner of the petroleum and natural gas rights or the holder of the location in respect of the well,
(ii) to have a valid agreement with the owner of the rights or the holder of the location referred to in subparagraph (i) authorizing the drilling or operation, as applicable, or
(iii) to hold a storage reservoir licence issued under

(b) the minister rescinds a declaration made under

section 24 (5) with respect to the permit holder and those activities. (4) A permit holder who suspends activities under subsection (1) or (3) must
(a) immediately notify the regulator of the suspension,
40 If a permit, a permission specified in a permit or an authorization
(a) is cancelled under

section 27, or
the permit holder, former permit holder, authorization holder or former authorization holder, as the case may be, must
(d) unless otherwise ordered by the regulator, perform each obligation imposed
(i) in relation to the permit, permission or authorization under this Act or a specified enactment, and
(ii) under the permit or authorization
that has not been performed by the date of the cancellation, declaration or expiry,
(e) comply with the prescribed requirements, and
(f) carry out any other actions for the purposes of restoration or the protection of public safety that the regulator orders the permit holder, former permit holder, authorization holder or former authorization holder to carry out.

41 (1) A person, other than a person in a prescribed class of persons, to whom
(a)

section 40 (a) or (b) applies, or
(b) an order has been issued under

section 49
may apply to the regulator for a certificate of restoration by submitting, in the form and manner the regulator requires, the information and other records required by the regulator. (2) On application by a person under subsection (1), the regulator may issue to the person a certificate of restoration certifying, on the basis of the information known to the regulator at the time of certification, that the regulator is satisfied
(a) in the case of an application by a person referred to in subsection (1) (a), that the person has complied with

section 40 (d) to (f), or
(b) in the case of an application by a person referred to in subsection (1) (b), that the person has complied with the order referred to in that subsection. (3) The issuance of a certificate of restoration does not relieve a person from any obligations under

section 40 or under an order referred to in subsection (1) (b) of this section in respect of any matter that was not known to the regulator at the time the certificate of restoration was issued. 42 A transfer under

section 29, 43.09 or 43.10, a cancellation, declaration or expiry referred to in section 40 or the issuance of a certificate of restoration under section 41 does not affect or relieve the permit holder, former permit holder, authorization holder or former authorization holder from
(a) the consequences of any contravention or offence or any related fine, imprisonment, fee, charge or penalty, if the contravention or offence occurred before the transfer, cancellation, declaration or expiry, or
(b) any liability imposed on the permit holder, former permit holder, authorization holder or former authorization holder under a specified enactment. Division 2.1 — Expanded Responsibility
43.01 In this Division:
"former permit holder" means a person who held a permit that
(a) was cancelled under

"permit holder" means a person who holds a permit;
"principal", in relation to a corporation, means an individual who
(a) is a director or officer of the corporation,
(b) is directly or indirectly in control of the corporation, or
(c) in the case of a corporation that has ceased to exist, was a person described in paragraph (a) or (b) immediately before the corporation ceased to exist;
"responsible person", in relation to a permit, has the meaning given to it in

section 43.02. 43.02 (1) The following are responsible persons for a permit:
(a) a person who holds the petroleum or natural gas rights or the location for the permit;
(b) a person who has a legal or beneficial interest in the petroleum or natural gas rights or the location for the permit;
(c) a person who has a legal or beneficial interest in production or profits resulting from an energy resource activity authorized by the permit;
(d) a person who is made responsible for the permit under
(i)

section 43.06 [evasion of responsibility]. (2) Without limiting subsection (1), the following are also responsible persons for a permit:
(a) if the location for the permit is cancelled, reverts or is abandoned, a person who was described in subsection (1) (a) or (b) immediately before that event;
(b) if the permit is cancelled under

section 26, 33 or 43.3, is declared spent under section 27 or expires under section 32, a person who was described in subsection (1) (c) immediately before that event. (3) Despite this section, the following are not responsible persons:
43.03 This Division applies in relation to any of the following:
43.04 (1) A permit holder and a responsible person for a permit must
(a) prepare and maintain the prescribed records, and
(b) at the request of the regulator or as prescribed by regulation, submit those records to the regulator. (2) Subsection (1) does not apply in relation to a permit that is cancelled under

section 26, 33 or 43.3, is declared spent under section 27 or expires under section 32. (3) The following persons must, at the request of the regulator, submit to the regulator any information or records in the custody or control of the person that might assist the regulator in identifying responsible persons for a permit:
(a) the permit holder or former permit holder;
(b) a responsible person for the permit;
(c) a person who the regulator has reasonable grounds to believe has information or records that might assist the regulator in identifying responsible persons for the permit. (4) Information and records required to be submitted under this section must be submitted in the form and manner the regulator requires.

43.05 (1) Subject to the regulations, the regulator may establish a register of responsible persons. (2) A person who is listed in the register as a responsible person for a permit is conclusively deemed to be a responsible person for the permit for the purposes of this Division unless the person
(a) satisfies the regulator that the person is not a responsible person, and
(b) if required by the regulator, submits to the regulator any information or records that might assist the regulator in identifying responsible persons for the permit. (3) Information and records required to be submitted under this section must be submitted in the form and manner the regulator requires.

43.06 The regulator, by order, may designate a person who has ceased to be a responsible person for a permit as a responsible person for the permit, after giving the person an opportunity to be heard, if
(a) the regulator is satisfied, having regard to the circumstances in which the person ceased to be a responsible person, that the person intended to evade responsibility, or
(b) the person ceased to be a responsible person in prescribed circumstances and the regulator is not satisfied that the person did not intend to evade responsibility. 43.07 (1) In this section, "specified provision" means any of the following:
(a)

section 40 (f) [order to carry out restoration or protection];
(c)

section 53 (3) [order to pay costs of proceedings]. (2) If a permit holder or former permit holder has ceased to exist or fails to comply with an order under a specified provision, the regulator may make an order under the specified provision against
(a) a responsible person for the permit, or
(b) a principal of the permit holder or former permit holder or of a responsible person described in paragraph (a). 43.08 (1) The regulator may make an order in relation to an orphan site against
(a) a responsible person for the permit for the orphan site, or
(b) a principal of the permit holder or former permit holder for the orphan site or of a responsible person described in paragraph (a).

(2) An order under subsection (1) may require a person to
(a) perform an obligation described in

section 40 (e), or
(c) carry out an action that might have been ordered under

section 40 (f). 43.09 (1) The regulator, by order, may transfer a permit in relation to an orphan site to
(b) a principal of the permit holder or former permit holder for the orphan site or of a responsible person described in paragraph (a). (2) A transfer under this section may be made without the consent of the permit holder or former permit holder or the person to receive the permit. (3)

Section 29 (2.2), (2.3) and (3) applies in relation to a transfer under this section. 43.10 (1) In this section, "linked authorization", in relation to an orphan site, means an authorization issued to the permit holder or former permit holder for the orphan site for related activities of an energy resource activity permitted by the permit. (2) The regulator, by order, may transfer a linked authorization for an orphan site to a person, despite anything in a specified enactment prohibiting the transfer, if
(a) an order under

section 43.08 (1) in relation to the orphan site is made against the person, or
(b) the permit for the orphan site is transferred under

section 43.09 (1) to the person. (3) A transfer under this section may be made without the consent of the permit holder or former permit holder or the person to receive the linked authorization. (4)

Section 29 (3) applies in relation to a transfer under this section. 43.11 (1) This section applies to
(a) an order contemplated by

section 43.08 (1), 43.09 (1) or 43.10 (2). (2) Before making an order to which this section applies against a principal, the regulator must give the principal an opportunity to be heard. (3) An order to which this section applies is not unreasonable, if made against a person other than a principal, only because the order imposes a burden on the person that is disproportionate to that person's interest in, control over or benefit from the relevant energy resource activity.

43.12 Subject to the regulations, the regulator may, on application by a responsible person who has restored an orphan site in whole or in part, pay to the person an amount of compensation determined as follows out of the fund:
43.1 In this Part:
"dormant site" means a site of an energy resource activity that is a dormant site in accordance with the regulations;
"liability reduction plan" means a plan under

section 43.4 (2);
"portfolio", in relation to a permit holder, means all of the sites of an energy resource activity that are sites for which the permit holder holds a permit;
"shutdown obligations" means the obligations under

section 43.4, a permit holder must comply with the prescribed requirements if the permit holder's portfolio
43.3 Subject to

section 43.4, if a site of an energy resource activity in a prescribed class of sites is a dormant site for longer than the prescribed period of time, the permit in relation to the site is cancelled on the day immediately after that period. 43.4 (1) Sections 43.2 and 43.3 do not apply in relation to a site of an energy resource activity if the site is subject to an approved liability reduction plan. (2) Subject to the regulations, a permit holder may submit to the regulator a plan to reduce the permit holder's shutdown obligations in relation to one or more sites. (3) The regulator may approve a liability reduction plan. (4) An approved liability reduction plan is an order of the regulator.

(5) Without limiting any other power of the regulator, if a permit holder does not comply with an approved liability reduction plan, the regulator may revoke the approval of that plan. 44 In this Part:
"former Act" means the Oil and Gas Commission Act, S.B.C. 1998, c. 39, as it was immediately before its repeal;

section 45 (3);
"marketable gas" means natural gas that is available for sale for direct consumption as a domestic, commercial or industrial fuel, or as an industrial raw material, or that is delivered to a storage facility, whether it occurs naturally or results from the processing of natural gas;
"orphan site" means a site designated under

section 45 (2);
"parties", in relation to an orphan site, means
(a) the permit holder or former permit holder for the orphan site,
(b) the responsible persons for that permit holder or former permit holder, and
(c) an individual who is designated by order under

section 40;
"surface lease" means
(a) a surface lease as defined in

section 141 of the Petroleum and Natural Gas Act, and
(b) an order of the Surface Rights Board under the Petroleum and Natural Gas Act. 44.1 (1) The regulator, by order, may designate a principal of a party described in paragraph (a) or (b) of the definition of "parties" in

section 44 as a party for the purposes of paragraph (c) of that definition. (2) Before making an order under subsection (1) against a principal, the regulator must give the principal an opportunity to be heard. 45 (1) The regulator may restore orphan sites.

(2) The regulator may designate as an orphan site
(a) a well, facility, pipeline, or energy resource road if
(i) the permit holder or former permit holder with respect to the well, facility, pipeline, or energy resource road is insolvent, or
(ii) the regulator has not been able to identify the permit holder or former permit holder in respect to the well, facility, pipeline, or energy resource road or is satisfied that that permit holder or former permit holder no longer exists or cannot be located, or
(b) an area, if the regulator is satisfied that the area requires restoration as a direct or indirect result of the carrying out of an energy resource activity or an off-site environmental mitigation activity by
(i) a person who is insolvent, or
(ii) a person the regulator has not been able to identify or is satisfied no longer exists or cannot be located.

section 6.2 of the former Act is continued, and the purposes of the fund are to provide money as follows:
(a) to pay the costs of restoration in respect of orphan sites;
(b) to pay costs incurred in pursuing reimbursement for the costs referred to in paragraph (a) from the person responsible for paying them;
(c) to pay any other costs directly related to the operations of the regulator in respect of the fund;
(d) to pay compensation for the purposes of

section 46. (4) The following must be deposited to the credit of the fund:
(a) money paid to the regulator under

section 18 (2) (b);
(b) money borrowed to meet any deficit in the fund;
(c) money recovered or received by the regulator under subsection (7) of this section;
(c.1) money received by the regulator specifically for a purpose set out in subsection (3);
(c.2) money received by the regulator from a disposition described in

section 45.03 (1) or (2);
(d) any interest or other income of the fund. (4.1) For certainty, nothing in this section prevents the regulator from depositing money not described in subsection (4) to the credit of the fund. (5) The regulator may do one or more of the following:
(a) pay money from the fund for any of the purposes referred to in subsection (3) in accordance with any regulations made for the purposes of this section and

section 46;
(b) from the fund, repay any money borrowed by the regulator for the purposes of the fund;
(c) determine the date on which an orphan site has been satisfactorily restored. (6) For the purposes of subsection (2), a permit holder or former permit holder must be considered to be insolvent if the permit holder or former permit holder files for protection under the Companies' Creditors Arrangement Act (Canada) or is a bankrupt or an insolvent person under the Bankruptcy and Insolvency Act (Canada).

(7) If the regulator restores an orphan site, the costs paid out of the fund in respect of that orphan site are a debt payable by the parties, jointly and severally, to the regulator and the regulator has a right of action against the parties for the recovery of that debt and may issue and file a certificate under

section 93.1 (1) naming any of them. (8) For the purpose of restoring an orphan site, the regulator has the same powers as it has under sections 53 and 57. 45.01 (1) In this section, "restoration debt proceeding" means
(a) an action referred to in

section 93.1 for the purposes of section 45 (7). (2) A restoration debt proceeding may be commenced at any time within 7 years after the date on which the debt becomes payable. 45.02 The regulator must publish, on a publicly accessible website maintained by or on behalf of the regulator,
(a) a list of orphan sites, and
(b) a notice that property abandoned at the listed orphan sites may be available for disposition. 45.03 (1) If the regulator, in the course of restoring an orphan site under

section 45 (1), disposes of property abandoned at the orphan site, the regulator must pay into the fund any money received in relation to the disposition. (2) If the regulator transfers a permit to a person under

section 29, in circumstances described in section 29 (1.2), or under section 43.09 (1), the regulator
(a) may dispose of property abandoned at the site of the permit to the person or another person, and
(b) must pay into the fund any money received in relation to the disposition. (3) Good and sufficient title vests in a person to whom property is disposed of under this section, as against any other person who claims or might claim against the property.

(4) Subject to subsection (5) and the regulations, if the regulator is satisfied that a person has a claim to property disposed of by the regulator in relation to which money has been paid into the fund under subsection (1) or (2) (b), the regulator may pay out of the fund to the person an amount in relation to the claim. (5) The total amount that may be paid to persons under subsection (4) in relation to property disposed of by the regulator must not exceed the difference between
(a) the amount of money paid into the fund in relation to the disposition of the property, and
(b) the amount of money paid out of the fund in relation to the disposition of the property. 45.1 Despite

section 45, if the regulator receives money from the realization of security provided under section 30 in relation to an orphan site,
(a) the regulator must deposit the money received to the credit of the fund,
(b) if applicable, the debt under

section 45 (7) in relation to the orphan site is reduced by the amount of the money received, and
(c) subject to and in accordance with the regulations, the regulator must, if the regulator determines under

section 45 (5) (c) that the orphan site has been satisfactorily restored, repay from the fund the portion, if any, of the money received that exceeds the sum of
(i) the debt under

section 45 (7) in relation to the orphan site, and
(ii) the costs, estimated by the regulator, of continuing to manage the orphaned site. 46 (1) On application by a land owner on whose land the regulator expends money in accordance with

section 45, the regulator may make payments from the fund to compensate the land owner for the loss of use of the land owner's land as a result of the failure by the permit holder or former permit holder referred to in section 45 (2) to restore the land, subject to the maximums, conditions and limitations prescribed by regulation. (2) In determining the amount of compensation to be paid to a land owner under subsection (1), the regulator may consider any payments due to the land owner or a previous land owner under a surface lease with respect to the site.

(3) Before it compensates a land owner under subsection (1), the regulator may require as a condition of compensation that the land owner assign to the regulator the land owner's rights, if any, to overdue payments under a surface lease. 47 (1) Subject to this section, the board, for the purposes of raising revenue for the fund, may make regulations as follows:
(a) subject to the approval of Treasury Board,
(i) requiring permit holders or a class of permit holders to pay a levy to the government, and
(ii) establishing the amount to be raised by the levy;
(b) respecting payment of the levy and providing for the imposition of penalties, payable to the government, to enforce payment of the levy.

(2) If a levy is imposed under this section, each permit holder who is required to pay the levy must pay the portion of the amount to be raised by the levy that is calculated in accordance with the following formula:
(3) For the purposes of subsection (2), the liability of a permit holder is the cost, estimated by the regulator, to the permit holder of compliance with

section 40 (d) to (f) in relation to all of the permits and authorizations held by the permit holder. (4) An estimate under subsection (3) must be based on the situation of the permit holder on a date specified in the regulation imposing the levy, which date
(a) must be in the calendar year in which the levy is imposed, and
(b) subject to paragraph (a), may be a date before the date that regulation comes into force. (5) For certainty, the board may impose more than one levy under this section in a calendar year.

Part 5 — Compliance and Enforcement
Division 1 — Reference and Application
(a) a reference to "the Act" is to be read as a reference to all of the following:
(ii) the specified enactments, other than the Environmental Management Act and the Water Sustainability Act;
(iii)

section 118 of the Petroleum and Natural Gas Act;
(b) a reference to "the regulations" is to be read as a reference to both the regulations made under this Act and to the regulations made under the specified enactments, other than the Environmental Management Act and the Water Sustainability Act;
(c) a reference to "an authorization"
(i) includes an authorization under

section 138 [entry on unoccupied Crown land] of the Petroleum and Natural Gas Act, and
(ii) does not include any of the following:
(A) an authorization under the Environmental Management Act or the Water Sustainability Act issued by the regulator under

section 9 of this Act and as issued by the regulator under that section, under the Environmental Management Act or the Water Sustainability Act;
(d) a reference to a related activity does not include a related activity under the Environmental Management Act or the Water Sustainability Act. (2) Despite anything in a specified enactment,
(a) an order may be issued under Division 2 with respect to an authorization or a related activity,
(b) the powers granted under Division 3 to an official or peace officer may be exercised with respect to an authorization or a related activity, and
(c) a finding may be made under

section 62 and an administrative penalty may be imposed under section 63 with respect to an authorization or a related activity. 49 (1) An official may issue an order to
(a) a person carrying out an energy resource activity, an off-site environmental mitigation activity or a related activity, with respect to those activities or any of the person's obligations under the Act or the regulations,
(b) a permit holder, former permit holder, authorization holder or former authorization holder, with respect to any of the person's obligations under the Act or the regulations or the person's permit or authorization, if any, or
(c) a person who may enter on land under

section 23, with respect to that entry,
if, in the opinion of the official,
(d) the person fails to comply with the Act, the regulations, a previous order made under the Act, or the person's permit or authorization, or
(i) to mitigate a risk to public safety,
(ii) to protect the environment, or
(iii) to promote the conservation of petroleum and natural gas resources. (2) An official may issue an order to a person under subsection (1) with respect to an act or omission by the person whether or not the regulator has made a finding under

section 62 with respect to that act or omission. (3) An order under subsection (1) must be in writing and must
(a) name the person to whom the order is addressed,
(b) specify the action to be taken, stopped or modified,
(c) state the date by which the person must comply with the order,
(d) state the reasons for the order,
(e) state that the person may request a review of the order under

section 70 or appeal the decision under section 72, and include an address to which a request for a review or an appeal may be sent,
(f) be dated the day the order is made, and
(g) be served on the person to whom it is addressed. (3.1) If an order under subsection (1) is addressed to an employee, agent or contractor of a permit holder, the official who served the order must serve a copy of the order on the permit holder.

(4) Without limiting subsection (3) (b), an order under subsection (1) may specify any of the following requirements:
(a) that a person must apply to obtain or amend a permit or an authorization in accordance with the Act and the regulations;
(b) that a person remedy a failure referred to in subsection (1) (d);
(c) that a person repair damage to the environment;
(d) that a person suspend or resume an energy resource activity, an off-site environmental mitigation activity, a related activity or any aspect of any of those activities;
(e) that a person use a specified method to carry out an energy resource activity or an off-site environmental mitigation activity;
(f) that a person conduct tests, take samples, conduct analyses and submit records and information to the regulator;
(g) that a person control or prevent the escape of petroleum, natural gas, water, waste or other substances from a well, pipeline or facility;
(h) that a person repressure, recycle or carry out pressure maintenance of any pool or portion of it, or use any other enhanced recovery technique, including the introduction or injection of natural gas, water or other substances into any pool or part of it;
(i) with respect to water produced in relation to the production of petroleum or natural gas, that a person dispose of the water into an underground formation or as otherwise specified;
(j) that a person deepen a well beyond the formation from which production is being taken or has been taken;
(k) that a person recomplete a well;
(l) that a person restrict or cease production of petroleum, natural gas or water;
(m) that natural gas be gathered, and processed if necessary, and that the natural gas or liquid hydrocarbons extracted be marketed or injected into an underground reservoir for storage or for any other purpose;
(n) that a pipeline permit holder alter or divert its pipeline;
(o) that a permit holder prepare and implement, in a form and manner satisfactory to the official, a program of measures to contain and eliminate spillage;
(p) that a permit holder arrange for an independent audit of the permit holder's operations and activities and have the auditor's report submitted to the official.

(5) Despite subsection (3), if the official referred to in subsection (1) is of the opinion that a person's actions or omissions are of such nature that they are causing, or may imminently cause, serious damage to the environment or that they are a risk to public safety, the order under subsection (1) may be issued orally. (6) If, under subsection (5), an official issues an order orally, an official, within 48 hours, must confirm the order in writing as required under subsection (3) or the order ceases to be effective. (7) An official may amend an order issued under subsection (1), and subsection (3) applies to the amendment.

(8) If satisfied that the circumstances that gave rise to an order under subsection (1) are no longer present or have been affected by other circumstances, an official may terminate the order by providing the person to whom the order was addressed with written notice of the termination. (9) An order under subsection (1) may specify a requirement that is different from a requirement in a provision of a regulation under this Act, if the regulation expressly states that the provision is subject to this section.

(10) Subject to subsection (9), if a regulation is made concerning a matter with respect to which an order has been made under this section, the order, if it has not been terminated under subsection (8), is no longer valid to the extent of any inconsistency between the order and the regulation. 49.1 (1) The regulator may, by order related to a specific location, well or area, do any or all of the following:
(a) designate a field by describing its surface area;
(b) designate a pool by describing the surface area vertically above the pool and by naming the geological formation and the zone in which the pool occurs;
(c) control and regulate the production of petroleum, natural gas and water by restriction, proration or prohibition.

(2) After an order is made under subsection (1), the regulator must publish notice of the order as prescribed. (3) An order under subsection (1) (c) may specify a requirement that is different from a requirement in a provision of a regulation under this Act, if the regulation expressly states that the provision is subject to this section. (4) Subject to subsection (3), if a regulation is made concerning a matter with respect to which an order has been made under subsection (1) (c), the order, if it has not been rescinded, is no longer valid to the extent of any inconsistency between the order and the regulation. 50 (1) If a person to whom an order is issued under

section 40 (f) or 49 (1) has not complied with the order by the date specified in the order, the regulator may do one or more of the following:
(a) by order in writing, restrict or prohibit the person from carrying out an action referred to in the order;
(b) after giving the person an opportunity to be heard, carry out an action referred to in the order;
(c) by order in writing, require the person to pay to the regulator the amount of all direct and indirect costs the regulator determines were reasonably incurred in carrying out the action referred to in paragraph (b).

(2) An order referred to in subsection (1) (c) must provide the person to whom it is issued with an accounting of the expenditures relating to the action referred to in subsection (1) (b). 51 (1) Subject to this section, an official, by order, may restrict or prohibit, in a manner prescribed by regulation, access to a public area, including a highway, road, resource road, and railway, if the official is of the opinion that the restriction or prohibition is necessary
(a) because of hazardous conditions relating to an energy resource activity, or
(b) to facilitate an investigation relating to hazardous conditions described in paragraph (a).

(2) If an official issues an order under subsection (1), the regulator must confirm the order in writing within 24 hours or the order ceases to be effective. (3) An order under subsection (1) (b) may not restrict or prohibit access to a public area for a period of more than 30 days. (4) An order under subsection (1) (b) may not restrict or prohibit access to a provincial public highway within the meaning of the Transportation Act.

52 (1) An official may, in the case of an emergency,
(a) enter on any land or body of water and do the things the official considers necessary to implement and carry out measures to
(i) contain and eliminate spillage, or
(ii) protect public safety, and
(i) any permit holder or authorization holder, and
(ii) the use of any person's equipment and the operator of that equipment,
to assist in the implementation or carrying out of measures referred to in paragraph (a).

(2) The regulator may reimburse a person for costs or expenses incurred as a result of an order issued under subsection (1) if the person is not, in the regulator's opinion, responsible for the emergency or for any related spillage or the likely source or cause of that spillage. (3) If costs or expenses are incurred by the regulator in implementing or carrying out measures referred to in subsection (1) (a) or making a reimbursement under subsection (2), the regulator may do one or more of the following:
(a) take, deal with and dispose of the spillage, subject to

section 55;
(b) order the person who the regulator believes is responsible for the emergency or for any related spillage or the likely source or cause of that spillage to pay the costs and expenses, or a part of them;
(c) order the person referred to in paragraph (b) to indemnify the regulator for costs or expenses paid by the regulator;
(d) for the purpose of paragraph (b) or (c), direct the manner of payment or indemnification.

53 (1) If, in the commissioner's opinion,
(a) a permit holder has engaged in a pattern of conduct that shows that the person is unfit to carry out the energy resource activities permitted by the permit holder's permit, and
(b) there is a risk to public safety, the environment or petroleum and natural gas resources,
the regulator may
(c) enter, seize and take control of any well, pipeline, facility or storage reservoir together with any associated chattel and fixture and any pertinent records,
(d) either discontinue all activity or take over the management and control of the well, pipeline, facility or storage reservoir,
(e) take the steps the regulator considers necessary
(i) to prevent the flow or release of petroleum, natural gas or other substances from any stratum that a well enters, including plugging a well at any depth, or
(ii) for public safety or to protect the environment, and
(f) carry out any other prescribed actions.

(2) If the regulator takes control of a well, pipeline, facility or storage reservoir,
(a) the regulator may issue orders concerning the well, pipeline, facility or storage reservoir to
(ii) an officer, employee, agent and contractor of the permit holder operating the well, pipeline, facility or storage reservoir,
and, if the regulator issues an order to a person referred to in either subparagraph (i) or (ii), the order applies to both the person referred to in subparagraph (i) and the persons referred to in subparagraph (ii), and
(b) subject to

section 55, the regulator may take, deal with and dispose of all petroleum, natural gas or other substances from the well, pipeline, facility or storage reservoir. (3) The commissioner may order by whom and to what extent costs and expenses incurred as a result of proceedings taken under this section are to be paid. 54 From the proceeds of spillage disposed of under

section 52 (3) (a) or of petroleum, natural gas or other substances disposed of under section 53 (2) (b), the regulator
(a) must pay royalties owed with respect to the petroleum or natural gas under Part 10 of the Petroleum and Natural Gas Act, and
(b) after making the payments referred to in paragraph (a), may pay
(i) costs and expenses incurred as a result of proceedings taken under

section 52 or 53, as applicable, and
(ii) costs and expenses of carrying out investigations and conservation measures that the regulator considers necessary in connection with the exercise of its powers under

section 52 or 53. 55 The net proceeds of spillage disposed of under

section 52 (3) (a) or of petroleum, natural gas or other substances disposed of under section 53 (2) (b) remaining after payment of the costs and expenses under section 54 must be paid by the regulator into the Supreme Court, and must be paid out to the persons and in the amounts as may be determined by the court on application of a person claiming to be entitled to any of the proceeds.

56 (1) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against the commissioner, an official or the regulator's directors or employees because of anything done or omitted
(a) in the exercise or intended exercise of any power under this Act, or
(b) in the performance or intended performance of any duty or function under this Act. (2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against the government or the regulator because of anything done or omitted
(a) in the exercise or intended exercise of a power under sections 50 to 53, or
(b) in the performance or intended performance of a duty under sections 50 to 53.

(3) Subsections (1) and (2) do not apply to a person referred to in subsection (1), the government or the regulator in relation to anything done or omitted in bad faith. Division 3 — Inspections and Audits
57 (1) In subsection (2), "dwelling" means
(a) a structure occupied as a private residence, and
(b) if only part of a structure is occupied as a private residence, that part of the structure.

(2) For any purpose related to the administration or enforcement of the Act, the regulations, a permit or an authorization, an official may enter, at any reasonable time, on land or premises, other than a dwelling, if the official has reasonable grounds to believe that
(a) the land or premises is the site of an energy resource activity, an off-site environmental mitigation activity or a related activity that is regulated under the Act or the regulations or is carried on by a person who is required under this Act to hold a permit or an authorization to carry out that activity, or
(b) records concerning the activities referred to in paragraph (a) are kept on the land or premises.

(2.1) A person must admit onto land or premises referred to in subsection (2) an official entering the land or premises under that subsection, and must provide the official with the means and assistance necessary for the purpose of the entry. (3) In order to obtain access under subsection (2), an official may enter land owned by a person other than a permit holder if the entry is reasonably necessary to obtain the access.

(4) An official who enters on land or premises under this section may
(a) inspect or audit anything or any activity that is reasonably related to the purpose of the inspection or audit,
(b) take samples and carry out tests and examinations,
(c) require production for the purposes of inspection or audit or copying of
(i) a permit or authorization that is required for the activity, and
(ii) a record required to be kept under the Act or the regulations, and
(d) make inquiries the official considers necessary. (5) A peace officer has the powers and duties of an official under this section with respect to the enforcement of the provisions of the Act and the regulations.

58 For any purpose related to the administration and enforcement of the Act, the regulations, a permit or an authorization, an official or peace officer may
(a) require a person operating a vehicle to stop the vehicle, and
59 An official who under this Part enters onto land or premises for the purposes of administering or enforcing the Act or the regulations, stops a vehicle, requests records or plans or seizes records or plans must provide proof of identity, on the request of the person who
(a) is in possession or apparent possession of the land or premises,
(b) has apparent custody or control of the records or plans being inspected or audited,
(c) is in charge of the activity being inspected or audited, or
60 (1) The operator of a vehicle must stop the vehicle when required to do so by
(a) an official referred to in

section 58, or
who
(d) displays an official identification card or badge, or
(e) is in or near a vehicle that is either a vehicle of a peace officer or readily identifiable as a regulator or other government vehicle. (2) A person who is described in paragraphs (a) to (d) of

section 59 must produce, if and as required by the official or peace officer,
(b) a permit or an authorization held by the person under the Act, and
(c) a record or plan required to be maintained under

section 38. 61 A person must not
(a) obstruct or interfere with an official or peace officer acting under the authority of this Division to administer or enforce the Act or the regulations, or
(b) withhold, destroy, tamper with, alter, conceal or refuse to produce any information, record, plan, report, substance, sample or thing that is required to be produced by an official or peace officer administering or enforcing the Act or the regulations.

Division 3.1 — Public Requests for Investigation
61.1 (1) An individual who is resident in British Columbia and at least 18 years of age may apply to the regulator for an investigation of a prescribed contravention under this Act in relation to the emission of methane that the individual alleges has occurred or is occurring.

(2) An application under this section must include a statutory declaration or affirmation
(a) stating the name and address of the applicant,
(b) stating that the applicant is resident in British Columbia and at least 18 years of age,
(c) stating the nature of the alleged contravention and the name of each person alleged to have done something, or to have failed to do something, in contravention of this Act or the regulations, and
(d) containing a concise statement of the evidence supporting the allegations. (3) If a form of application has been prescribed for the purposes of this section, an application under this section must be made in the prescribed form. 61.2 After receiving an application under

section 61.1, the regulator must
(a) acknowledge its receipt, in accordance with the regulations, within 20 days, and
(b) investigate all matters that the regulator considers necessary to determine the facts relating to the alleged contravention. 61.3 (1) Subject to subsection (3), after acknowledging receipt of an application under

section 61.1, the regulator must report, in accordance with the regulations, to the applicant every 90 days on the progress of the investigation and the action, if any, that the regulator has taken. (2) A report under this section must include an estimate of the time required to complete the investigation. (3) A report under this section is not required if the investigation is discontinued before the end of a 90-day period referred to in subsection (1). 61.4 (1) The regulator may discontinue an investigation if the regulator is of the opinion that
(a) the alleged contravention does not require further investigation, or
(b) the investigation does not substantiate the alleged contravention.

(2) If an investigation is discontinued, the regulator must
(a) prepare a written statement of the reasons for the discontinuation, and
(b) in accordance with the regulations, send a copy of the statement to the applicant and to any person whose conduct was investigated. (3) A copy of the statement sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about the applicant. Division 4 — Contraventions and Administrative Penalties
62 (1) After giving an opportunity to be heard to a person who is alleged to have contravened a provision of the Act, the regulations, a permit, an authorization or an order, the regulator may find that the person has contravened the provision.

(2) If a corporation contravenes a provision referred to in subsection (1), a director, agent or officer of the corporation who authorized, permitted or acquiesced in the contravention also contravenes the provision. (3) If an employee, contractor or agent of a permit holder contravenes a provision referred to in subsection (1) in the course of carrying out the employment, contract or agency, the permit holder also contravenes the provision. (4) If a person contravenes a provision referred to in subsection (1), any other person who
(a) is directly or indirectly responsible for the act or omission that constitutes the contravention, and
(b) is a contractor, employee or agent of the person or of an other person described in paragraph (a)
also contravenes the provision.

(5) The regulator may not find that a person has contravened a provision referred to in subsection (1) if the person demonstrates to the satisfaction of the regulator that
(a) the person exercised due diligence to prevent the contravention, or
(c) the person's actions relevant to the provision were the result of an officially induced error.

(a) a corporation referred to in subsection (2),
(b) an employee, contractor or agent referred to in subsection (3), or
(c) a person referred to in subsection (4)
has not contravened a provision referred to in subsection (1) as a result of demonstrating to the satisfaction of the regulator anything referred to in subsection (5) (a) and (c), the regulator may find that any of the other persons referred to in subsections (2) to (4) has contravened the provision, unless the other person demonstrates to the satisfaction of the regulator anything referred to in subsection (5) (a) and (c). (7) Nothing in subsection (5) prevents
(a) an official from issuing an order under

section 49 (1) to a person with respect to an act or omission by the person, or
(b) the regulator from doing anything referred to in

section 50. (8) A person does not contravene a provision referred to in subsection (1) by doing or omitting to do something if that act or omission is reasonably necessary to conform with the requirements of the Workers Compensation Act or any regulations under that Act. 63 (1) If the regulator finds that a person has contravened a provision referred to in

section 62 (1), the regulator may impose an administrative penalty on the person in an amount that does not exceed the prescribed amount.

(2) Before the regulator imposes an administrative penalty on a person, the regulator must consider the following:
(a) previous contraventions by, administrative penalties imposed on or orders issued to
(ii) if the person is an individual, a corporation for which the individual is or was an officer, director or agent, and
(iii) if the person is a corporation, an individual who is or was an officer, director or agent of the corporation;
(b) the gravity and magnitude of the contravention;
(c) the extent of the harm to others resulting from the contravention;
(d) whether the contravention was repeated or continuous;
(e) whether the contravention was deliberate;
(f) any economic benefit derived by the person from the contravention;
(g) the person's efforts to prevent and correct the contravention;
(h) any other matters prescribed by the Lieutenant Governor in Council.

(3) If a person is charged with an offence under this Act, an administrative penalty may not be imposed on the person in respect of the same circumstances that gave rise to the charge. 64 If the regulator finds that a person has contravened a provision referred to in

section 62 (1) or imposes an administrative penalty on a person, the regulator must give to the person a notice of the finding or administrative penalty and the notice must specify the following:
(b) the amount of the penalty, if any;
(c) the date by which the penalty, if any, must be paid;
(d) the person's right to request a review of the decision under

section 70 or to appeal the decision under section 72;
(e) an address to which a request for a review or an appeal may be sent. 65 The person on whom an administrative penalty is imposed must pay the administrative penalty
(a) if paragraph (b) does not apply, within 30 days after the date on which the notice referred to in

section 64 is served on the person, or
(b) by the later of the following:
(i) if the person requests a review of the administrative penalty under

section 70, 30 days after the date on which the notice referred to in section 71 (1) (b) is served on the person, unless the penalty is rescinded under section 71 (1) (a);
(ii) if the person appeals the administrative penalty under

section 72 and the appeal tribunal does not make an order under section 72 (4) with respect to that appeal, 30 days after the date on which the decision of the appeal tribunal is served on the person, unless the penalty is rescinded under section 72 (6) (a) or dealt with as described in section 72 (6) (b). 66 (1) An administrative penalty constitutes a debt payable to the government by the person on whom the penalty is imposed. (2) If a person fails to pay an administrative penalty as required under

section 65,
(a) the government may file with the Supreme Court or Provincial Court a certified copy of the notice imposing the administrative penalty and, on being filed, the notice has the same force and effect, and all proceedings may be taken on the notice, as if it were a judgment of that court, and
(b) the regulator may refuse to consider applications made by the person under

section 24. 67 The regulator must pay all amounts derived from administrative penalties into the consolidated revenue fund. 68 (1) The time limit for making a finding under

section 62 and giving a notice under section 64 is
(a) 3 years after the date on which the act or omission that is alleged to constitute the contravention occurred, or
(b) if the commissioner issues a certificate described in subsection (2) of this section, 3 years after the date on which the commissioner learned of the act or omission referred to in paragraph (a). (2) A certificate purporting to have been issued by the commissioner certifying the date referred to in subsection (1) (b) is proof of that date. "determination" means
(a) with respect to an eligible person other than a land owner referred to in paragraph (b),
(i) a decision made by the regulator under

section 25 or 26,
(ii) a declaration made by the regulator on its own initiative under

section 40 (f),
(iv) an order issued by an official or the regulator under Division 2 of Part 5,
(v) a finding made by the regulator under

section 62,
(vi) an administrative penalty imposed by the regulator under

section 63, and
(vii) a prescribed decision made under this Act, and
(b) with respect to a land owner of land on which an operating area is located,
(i) a decision made by the regulator
(A) under

section 25 to issue a permit to carry out an energy resource activity on the land of the land owner, and
(B) under

section 31 to amend a permit, if the amendment changes the effect of the permit on the land of the land owner, and
(ii) a decision made by a review official under

section 71 to vary a determination referred to in paragraph (a) (i) of this definition so that
(A) a permit is amended, if the amendment changes the effect of the permit on the land of the land owner, or
(B) a permit is issued to carry out energy resource activities on the land of a land owner;
"eligible person" means
(a) an applicant for a permit,
(b) a permit holder or former permit holder,
(b.1) an authorization holder or former authorization holder,
(c) a land owner of land on which an operating area is located,
(d) a person to whom an order under

section 49 (1) has been issued, and
(e) a person with respect to whom the regulator has made a finding of a contravention under

section 62;
"review official" means, in relation to a determination, a person who did not make the determination but who is designated in writing by the regulator to review the determination for the purposes of sections 70 and 71. (2) Despite anything in a specified enactment, a determination may not be appealed, reviewed or otherwise reconsidered except as provided in this Part. 70 (1) Subject to subsection (2), an eligible person, other than a land owner of land on which an operating area is located, may request, in accordance with this section, a review of a determination. (2) An eligible person may not request a review of a determination under subsection (1) if the eligible person has appealed the determination under

section 72. (3) A request for a review under subsection (1) must be made within 30 days of receiving the later of
(b) any written reasons respecting the determination. (4) Despite subsection (3), a review official may extend the time to request a review, even if the time to make the request has expired, if satisfied that
(a) special circumstances existed which precluded making the request within the time period required under subsection (3), and
(b) an injustice would otherwise result. (5) The eligible person must make the request in writing and must identify the error the eligible person believes was made or the other grounds on which a review is requested.

(6) On receipt by the review official of a request under subsection (1), the determination to be reviewed as a result of the request
(a) is stayed, if the determination is an administrative penalty imposed under

(b) is not stayed, if the determination is not an administrative penalty referred to in paragraph (a), unless the review official orders that the determination is stayed. (7) The review official may conduct a written, electronic or oral review, or any combination of them, as the review official, in the review official's sole discretion, considers appropriate. 71 (1) As soon as practicable after receiving a request under

section 70 (1), the review official must
(a) confirm, vary or rescind the determination, and
(b) notify, in writing, the eligible person of the following:
(i) the review official's decision;
(ii) the reasons for the decision;
(iii) the eligible person's right to appeal the decision under

section 72. (2) If the review official varies a determination under subsection (1) so that
(a) a permit is amended and the amendment changes the effect of the permit on the land of the land owner, or
(b) a permit is issued that locates an operating area on the land of a land owner,
the review official must notify the land owner of the amendment or issuance in accordance with

section 25 (4) or 31 (9), as applicable. 72 (1) Subject to subsection (2), an eligible person may appeal to the appeal tribunal
(a) a decision made under

section 71, if the eligible person was a party to the review under that section, and
(b) a determination, if the eligible person has not, by the date the person commences the appeal, applied under

section 70 (1) for a review of the determination. (2) A land owner of land on which an operating area is located may appeal a determination under this section only on the basis that the determination was made without due regard to
(a) a submission previously made by the land owner under

section 22 (5) or 31 (2) of this Act, or
(b) a written report submitted under

section 24 (1) (c) or 31 (6). (3) Subject to subsection (4), the commencement of an appeal does not operate as a stay or suspend the operation of the determination or decision being appealed, unless the appeal tribunal orders otherwise. (4) The commencement of an appeal with respect to an administrative penalty operates as a stay of the determination that imposed the penalty or the decision that did not rescind the penalty, unless the appeal tribunal orders otherwise. (5) The appellant and the regulator are parties to an appeal, and
(a) if a person to whom an order under

section 49 (1) has been issued files an appeal, the following persons, as applicable and if different from the appellant, are also parties to the appeal:
(i) in the case of an order with respect to an energy resource activity permitted, or an off-site environmental mitigation activity required, by a permit, or a related activity of either of those activities, the permit holder;
(ii) in the case of an order with respect to a related activity of an application for a permit under

section 24, the applicant,
(b) if a land owner of land on which an operating area is located files an appeal, the permit holder with respect to the energy resource activity is also a party to the appeal,
(c) if an applicant for a permit appeals a refusal to issue a permit, a land owner notified by the applicant under

section 22 (2) is, on request, also a party to the appeal, and
(d) if a permit holder appeals a refusal to amend a permit, the land owner of the land on which an operating area is located is, on request, also a party to the appeal. (6) On an appeal under subsection (1), the appeal tribunal may
(a) confirm, vary, or rescind the decision made under

section 71 or the determination, or
(b) send the matter back, with directions, to the review official who made the decision or to the person who made the determination, as applicable. (7) Despite the application of

section 24 (1) of the Administrative Tribunals Act to the appeal tribunal, a land owner must file a notice of appeal within 15 days of the day the determination being appealed was made. 73 The regulator may direct a person to publish, at the person's own cost, the facts relating to the imposition of an administrative penalty or to an order issued under Division 2 of Part 5, if the person's rights of review and appeal have elapsed without the penalty or order being rescinded or dealt with as described in

74 (1) If the Lieutenant Governor in Council considers it necessary or in the public interest, the Lieutenant Governor in Council may order a pipeline permit holder to do any or all of the following:
(a) to extend or improve its pipeline for the junction with a pipeline of a person or local authority distributing or authorized to distribute gas to the public;
(b) to sell gas to the person or local authority referred to in paragraph (a), if to do so would not impair the pipeline permit holder's ability to render adequate service to its existing customers;
(c) for the purposes in paragraph (a), to construct pipelines to communities immediately adjacent to its pipeline, if the Lieutenant Governor in Council considers that the construction would not place an undue burden on the pipeline permit holder.

(2) The Lieutenant Governor in Council, in an order under subsection (1),
(a) may order that a person other than a pipeline permit holder referred to in that subsection must pay the costs, or a portion of the costs, incurred in carrying out the order, or
(b) may approve the payment of any of those costs from the consolidated revenue fund. (3) If an order is made under subsection (1), the regulator must amend under

section 26 (1) the pipeline permit holder's permit to the extent necessary to make the permit consistent with the order.

75 (1) The regulator, on its own initiative or on application by a permit holder or an applicant for a permit, may designate, by order or in a permit, any of the following as a special project:
(a) the development or production of petroleum, natural gas, or both, from a field or pool or portion of a field or pool, using repressuring, recycling, pressure maintenance or any other technique to enhance recovery;
(b) the application of innovative technology, as defined by regulation;
(c) an innovative method of carrying out energy resource activities and related activities;
(c.1) the development or use of a storage reservoir;
(d) any other prescribed energy resource activity or method of carrying out an energy resource activity.

(a) make a designation under subsection (1) with or without conditions, and
(b) cancel, suspend or amend a designation
(i) at the request of the permit holder to whom the designation was given,
(ii) if it appears to the regulator that there has been a contravention of this Act, the regulations, a permit, an authorization or an order respecting the designation or a condition of the designation,
(iii) if the regulator considers that the designation is spent, or
(iv) if the regulator considers that the designation is no longer appropriate, including, without limitation, for reasons of
(B) protection of the environment, or
(C) conservation of petroleum and natural gas resources.

(3) A permit holder with a permit for an energy resource activity that has been designated as a special project under subsection (1) may apply to the regulator for other than normal spacing under

section 65.1 of the Petroleum and Natural Gas Act. (4) For the purposes of a special project or of special projects generally, the Lieutenant Governor in Council and the board may each, in exercising a regulation-making power under this Act, make a regulation that is contrary to or inconsistent with a provision of this Act.

76 (1) Subject to subsection (3), a person must not
(i) a highway, road or railway,
(ii) an underground communication or power line, or
(iii) any other prescribed work, or
(b) carry out a prescribed activity
along, over or under a pipeline or within a prescribed distance of a pipeline unless
(c) the pipeline permit holder agrees in writing to the construction or the carrying out of the prescribed activity, either specifically or by reference to a class of construction projects or activities,
(d) the regulator, by order issued under subsection (2), approves the construction or the carrying out of the prescribed activity, either specifically or by reference to a class of construction projects or activities, or
(e) the construction or prescribed activity is carried out in accordance with the regulations.

(2) The regulator, on application by a person referred to in subsection (1), may issue an order for the purposes of subsection (1) (d) and in doing so may impose any conditions that the regulator considers necessary to protect the pipeline. (3) The regulator must approve
(a) the construction referred to in subsection (1) (a), and
(b) the carrying out of a prescribed activity under subsection (1) (b)
by the government or a municipality, but may impose conditions referred to in subsection (2) in the order issued under that subsection. (4) The regulator, for the purposes of deciding whether to issue an order under subsection (1) or impose conditions under subsection (2), may require a pipeline permit holder to submit information regarding the pipeline permit holder's pipeline.

(5) The regulator may order a pipeline permit holder whose pipeline is the subject of an order issued under subsection (2) to do one or both of the following:
(a) with the approval of the Lieutenant Governor in Council, relocate the pipeline to facilitate the construction or prescribed activity approved by the order issued under subsection (2);
(b) take the actions specified in the order that the regulator considers necessary to protect the pipeline.

(6) In relation to an order of the regulator referred to in subsection (5), the Lieutenant Governor in Council
(a) may order that a person other than the pipeline permit holder must pay the costs, or a portion of the costs, incurred in carrying out the regulator's order, or
(b) may approve the payment of any of those costs from the consolidated revenue fund. (7) If there is an inconsistency between an order or an approval made under subsection (6) and a regulation made under

section 99 (1) (m.1), the order or approval prevails to the extent of the inconsistency. 77 The regulator must maintain a registry containing the prescribed information about energy resource activities. 78 (1) In this section, "decision" means any determination, declaration, order, finding or other decision made under this Act by the regulator. (2) If the regulator makes a decision, the regulator may
(a) correct a typographical, an arithmetical or another similar error in the decision, and
(b) correct an obvious error or omission in the decision. (3) If the regulator corrects a decision under this section, the regulator must notify the person who is the subject of the decision and the correction does not take effect until that notification is given.

79 (1) Subject to subsections (3) and (4), all documents that are required or permitted under this Act to be given to or served on a person must be given or served in one of the following ways:
(a) by leaving a copy with the person;
(b) if the person is a permit holder, an authorization holder or the holder of an authorization under

section 138 of the Petroleum and Natural Gas Act,
(i) by leaving a copy with an agent of that person,
(ii) by sending a copy by ordinary mail or registered mail to the address at which that person carries on business,
(iii) by sending a copy by electronic mail to the electronic mail address provided by that person,
(iv) by leaving a copy in a mailbox or mail slot for the address at which that person carries on business, or
(v) by attaching a copy to a door or other conspicuous place at the address at which that person carries on business;
(c) by transmitting a copy to a facsimile number provided as an address for service by the person;
(d) by any other prescribed method of service.

(2) A document given or served in accordance with subsection (1), (3) or (4) is deemed to be received as follows:
(a) if given or served by sending a copy by ordinary or registered mail, on the 5th day after it is mailed;
(b) if given or served by sending a copy by electronic mail, on the 3rd day after it is sent;
(c) if given or served by leaving a copy in a mailbox or mail slot, on the 3rd day after it is left;
(d) if given or served by attaching a copy to a door or other conspicuous place, on the 3rd day after it is attached;
(e) if given or served by transmitting a copy by facsimile, on the 3rd day after it is transmitted;
(f) if given or served by any other method of service prescribed under subsection (1) (d), as prescribed.

(3) The regulator, on application by an applicant, may authorize the applicant to serve a document on a person by sending a copy of the document by registered mail to the last known address of the person if the regulator is satisfied that the applicant has made a reasonable attempt to serve that person in accordance with subsection (1) but has been unable to effect the service. (4) The regulator may serve a notice, required under

section 25 (4), 26 (7) or 31 (9) or (11) to be provided to a land owner, by sending a copy of the notice by registered mail to the last known address of the land owner if the regulator is satisfied that service under subsection (1) of this section is impracticable in the circumstances. 80 (1) In any circumstances in which, under this Act, an opportunity to be heard is provided, the regulator may conduct a written, electronic or oral hearing, or any combination of them, as the regulator, in its sole discretion, considers appropriate.

(2) The regulator may make rules respecting the circumstances and place in which and the process by which written, electronic or oral hearings may be conducted under subsection (1) and specifying the form and content of materials to be provided for written, electronic or oral hearings. 81 A person must not make a false or misleading statement in any application or other record submitted under this Act, or otherwise make a false statement to, or mislead or attempt to mislead, a person exercising a power or performing a duty or function under this Act. 82 A person to whom an order under this Act applies must comply with the order.

83 If there is a conflict or inconsistency between this Act and the Muskwa-Kechika Management Area Act, the Muskwa-Kechika Management Area Act prevails. 84 For greater certainty, the provisions of this Act are intended to respect aboriginal and treaty rights in a manner consistent with

section 35 of the Constitution Act, 1982. Part 8 — Offences and Court Orders
85 (1) The time limit for laying an information to commence a prosecution for an offence under this Act is
(a) 3 years after the date on which the act or omission that is alleged to constitute the offence occurred, or
(b) if the commissioner issues a certificate described in subsection (2), 3 years after the date on which the commissioner learned of the act or omission referred to in paragraph (a). (2) A certificate purporting to have been issued by the commissioner certifying the date referred to in subsection (1) (b) is proof of that date. 86 (1) A person who contravenes

section 21, 35 (1), 36 (1), 37 (1) or (2), 39 (3), 40, 61 or 81, or in relation to an order issued under section 49, section 82, commits an offence and is liable on conviction to a fine not exceeding $1 500 000 or to imprisonment for not more than 3 years, or to both. (2) A person who contravenes

section 35 (3) commits an offence and is liable on conviction to a fine not exceeding $1 000 000 or to imprisonment for not more than 2 years, or to both. (3) A person who contravenes

section 34, 38 (1) or 39 (1), or in relation to an order issued under section 53 (2) (a), section 82, commits an offence and is liable on conviction to a fine not exceeding $500 000 or to imprisonment for not more than one year, or to both. (4) A person who contravenes

section 35 (2) or 76 (1), or in relation to an order issued under a section not referred to in subsections (1) to (3) of this section, section 82, commits an offence and is liable on conviction to a fine not exceeding $100 000. (5) A person who contravenes

section 37 (3) or 60 (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $25 000. (6) The Lieutenant Governor in Council may provide by regulation that
(a) a contravention of a regulation is an offence, and
(b) a person convicted of an offence for a contravention of a regulation is liable to a fine not exceeding a maximum amount, or to imprisonment not exceeding a maximum length, or to both. (7) If the maximum fine or imprisonment provided by a regulation under subsection (6) (b) is less than that provided by a provision of this Act, the regulation prevails.

(8) If a contravention continues for more than one day, the offender is liable to a separate penalty, without notice and without a separate count being laid, for each day that the contravention occurs. (9) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by the defendant's contractor, employee or agent. (10) Subsection (9) applies even if the contractor, employee or agent has not been identified or prosecuted for the offence. (11) If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence.

(12) If a person commits an offence under this Act, any other person who
(a) is directly or indirectly responsible for the act or omission that constitutes the offence, and
also commits the offence. (13) Due diligence, mistake of fact and officially induced error are defences to a prosecution under this Act. (a) a corporation referred to in subsection (11), or
(b) a person referred to in subsection (12),
has not committed an offence under this Act as a result of subsection (13), the other persons referred to in subsections (11) and (12) may be found guilty of an offence, subject to subsection (13). (15)

Section 5 of the Offence Act does not apply to this Act or the regulations. 87 (1) Subject to

section 63 (3), a proceeding, conviction or penalty for an offence under this Part does not relieve a person from any other liability. (2) If the regulator imposes an administrative penalty on a person, a prosecution for an offence under this Act for the same contravention may not be brought against the person.

88 (1) If the regulator considers that a person is not complying, or has not complied, with an order issued under this Act, the regulator may apply to the Supreme Court for either or both of the following:
(a) an order directing the person to comply with the order or restraining the person from violating the order;
(b) an order directing the directors and officers of the person to cause the person to comply with or to stop violating the order. (2) On application by the regulator under this section, the Supreme Court may make an order it considers appropriate.

89 If a person is convicted of an offence under this Act, then, in addition to any punishment the court may impose, the court may order the person to comply with the provision. 90 If a person is convicted of an offence under this Act, then, in addition to any other penalty, the court may order the person to pay compensation or make restitution.

91 If a person is convicted of an offence under this Act, then, in addition to any other punishment that may be imposed, the court may, by order, do one or more of the following:
(a) prohibit the person from doing anything that may result in the continuation or repetition of the offence;
(b) direct the person to take any action the court considers appropriate to remedy or avoid any harm to the environment or public safety that results or may result from the act or omission that constituted the offence;
(c) direct the person to publish, at the person's own cost, the facts relating to the conviction;
(d) direct the person to compensate the regulator for all or part of the cost of any remedial or preventative action taken by or on behalf of the regulator as a result of the act or omission that constituted the offence;
(e) direct the person to pay court costs;
(f) direct the person to pay the costs of the investigation.

92 (1) If the court convicts a person of an offence under this Act, the court may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the monetary benefit acquired by or that accrued to the person as a result of the regulator of the offence. (2) A fine increased under subsection (1)
(a) applies despite any provision that provides for a maximum fine, and
93 An amount that a person is required under this Act, other than

section 18, to pay to the regulator or the government is a debt due by that person to the government or the regulator, as the case may be, and the debt may be recovered by the government or the regulator in any court of competent jurisdiction. 93.1 (1) If a person fails to pay an amount owing to the regulator under this Act, other than

section 18, the commissioner may issue, and file with a court having jurisdiction, a certificate specifying the amount owed and the name of the person who owes it. (2) If a person fails to pay an amount owing to the government under this Act, the minister may issue, and file with a court having jurisdiction, a certificate specifying the amount owed and the name of the person who owes it.

(3) A certificate filed under this section has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment of the court in favour of the regulator or the government, as the case may be, for the recovery of a debt in the amount specified in the certificate against the person named in the certificate. Division 1 — Regulations of the Lieutenant Governor in Council
94 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person, with or without directions on how the delegated power is to be exercised;
(b) confer a discretion on a person;
(c) make different regulations for different persons, places, things, decisions, transactions, activities or circumstances. (2.1) The Lieutenant Governor in Council may make regulations establishing criteria that a person must use when exercising a discretionary or delegated power conferred on the person by a regulation under this Division. (3) The Lieutenant Governor in Council may make a regulation defining a word or expression used but not defined in this Act.

(4) Sections 95 to 105.1 do not limit the authority of the Lieutenant Governor in Council to make regulations under subsection (1) of this section. 95 (1) The Lieutenant Governor in Council may make regulations respecting policies and procedures to be followed by the regulator in conducting its affairs, exercising its powers and discretion, carrying out its functions and duties and discharging its responsibilities. (2) The Lieutenant Governor in Council may make regulations for the purposes of

section 25 (1.1). 96 (1) The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use in exercising a discretionary power conferred on the person under this Act. (2) Criteria prescribed under subsection (1) are in addition to any criteria required by this Act.

97 The Lieutenant Governor in Council may make regulations as follows:
(a) prohibiting the carrying out of any energy resource activity or related activity at any point within a specified distance of any boundary, roadway, road allowance, right of way, building of any prescribed type or any specified works;
(b) despite anything in the Local Government Act and the Community Charter, prohibiting the construction of a building or structure within a specified distance of a well, pipeline or facility, if the Lieutenant Governor in Council is satisfied that the prohibition is necessary to protect the public.

98 (1) The Lieutenant Governor in Council may make regulations respecting the exemption of a person, class of persons, place, thing, transaction or activity from a provision of this Act or the regulations. (2) In making a regulation under subsection (1), the Lieutenant Governor in Council may make the exemption subject to conditions. (3) The Lieutenant Governor in Council may make regulations restricting the regulator's authority
(a) to exempt a person or class of persons from

section 22 or from a requirement referred to in section 36, or
(b) to authorize an official to exempt a person from a provision referred to in

section 103 (2). 99 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing facilities or activities for the purposes of the definition of "energy resource activity" in

section 1 (2);
(a.1) prescribing energy resource activities for the purposes of paragraph (d) of the definition of "oil and gas or storage activity" in

(b) prescribing substances for the purpose of paragraph (e) of the definition of "pipeline" in

section 1 (2) and prescribing exclusions for the purposes of paragraph (h) of that definition;
(c) prescribing regulations under a specified enactment for the purposes of paragraph (f) of the definition of "specified provision" in

(c.1) prescribing energy resource activities for the purposes of

section 6 (2);
(e) respecting the application of the Public Inquiry Act for the purposes of

section 18 (2) (c) (i);
(f.1) prescribing requirements for the purposes of

section 24 (3);
(g) prescribing periods of time for the purposes of

section 32 (1.1);
(h) respecting disclosure and confidentiality as referred to in

section 38.1;
(i) requiring that natural gas be gathered, and processed if necessary, and that the natural gas or liquid hydrocarbons extracted be marketed or injected into an underground reservoir for storage or for any other purpose;
(j) prescribing actions for the purposes of

section 53;
(j.1) prescribing contraventions for the purposes of

section 61.1 (1);
(j.2) respecting the regulator's obligation under

section 61.2 to acknowledge receipt of applications, or the regulator's reporting obligation under section 61.3 (1) or 61.4 (2), including, without limitation, regulations limiting or modifying those obligations if the regulator receives more than the prescribed number of applications in respect of the same alleged contravention;
(k) prescribing decisions for the purposes of the definition of "determination" in

section 69;
(l) prescribing activities and methods for the purposes of

section 75;
(m) prescribing works, activities and distances for the purposes of

section 76 (1) and requirements for the purposes of section 76 (1) (e);
(m.1) respecting how costs incurred in relation to
(i) the construction of anything referred to in

section 76 (5) (a) and any actions referred to in section 76 (5) (b)
are to be allocated between the pipeline permit holder and the person doing anything referred to in subparagraphs (i) to (iii) of this paragraph;
(n) respecting the application of the Mines Act to the exploration, development and production of oil sand, oil sand products, oil shale and oil shale products;
(o) respecting surveying to be carried out with respect to an energy resource activity;
(p) respecting information for the purposes of

section 77;
(q) respecting the carrying out of activities under a master licence to cut by a permit holder, an authorization holder, an applicant for a permit or a person carrying out an activity under an approval, as defined in

section 9 (1) of this Act. (2) The following do not apply to a master licence to cut held by a permit holder, an authorization holder, an applicant for a permit or a person carrying out an activity under an approval, as defined in

section 9 (1) of this Act:
(a) the Forest and Range Practices Act and the regulations and standards made under that Act;
(b) the Forest Practices Code of British Columbia Act, as it read immediately before

section 177 of the Forest and Range Practices Act came into force, and the regulations made under that Code. (3) In this section, "master licence to cut" has the same meaning as in the Forest Act. 100 (1) [Repealed 2018-15-19.] (2) The Lieutenant Governor in Council may make regulations for the purposes of Part 4 and, without limiting this, may make regulations as follows:
(a) respecting administration of the fund;
(b) respecting the designation of orphan sites;
(b.1) respecting payments under

section 45.03 (4), including, without limitation, specifying classes of claims or claimants in relation to which payments may or may not be made;
(c) prescribing the maximums, conditions and limitations on compensation paid to land owners under

(d) to (i) [Repealed 2018-15-19.] (j) establishing procedures for use of the fund;
(k) setting minimum amounts to be retained in reserve in the fund;
(l) and (m) [Repealed 2018-15-19.] (n) respecting repayments under

section 45.1 (c), including, without limitation, regulations prescribing to whom repayments are to be made or circumstances under which repayments are not required to be made. 100.1 The Lieutenant Governor in Council may make regulations as follows:
(a) respecting the determination of whether an individual is directly or indirectly in control of a corporation for the purposes of paragraph (b) of the definition of "principal" in

section 43.01;
(b) respecting the determination of whether a person has a legal or beneficial interest for the purposes of

section 43.02 (1) (b) or (c);
(c) specifying classes of persons as excluded for the purposes of

section 43.02 (3) (b);
(d) prescribing energy resource activities for the purposes of

section 43.03;
(e) respecting the establishment and administration of a register under

section 43.05 (1);
(f) prescribing circumstances for the purposes of

section 43.12 of costs incurred in carrying out restoration and interests in oil and gas activities. 101 The Lieutenant Governor in Council may make regulations respecting the imposition of administrative penalties, including, without limiting this,
(a) matters to be considered before imposing administrative penalties, the criteria for determining appropriate administrative penalties, setting different limits on different administrative penalties and setting out those provisions of this Act or the regulations which, if contravened, make a person liable to an administrative penalty, and
(b) providing for increased administrative penalties for repeated contraventions and specifying the time within which a contravention is to be considered a repeat contravention of an earlier contravention.

102 The Lieutenant Governor in Council may make regulations designating the regulator or an employee of the government as the collector of the levy referred to in

section 47 or 110 for payment under section 18 to the regulator and providing for its collection. 103 (1) For the purposes of environmental protection and management, the Lieutenant Governor in Council may make regulations respecting actions that a permit holder and a person carrying out an energy resource activity or an off-site environmental mitigation activity must take or refrain from taking to protect or effectively manage the environment. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting actions that a permit holder and a person carrying out an energy resource activity or an off-site environmental mitigation activity must take or refrain from taking with respect to any of the following:
(a) a wildlife habitat feature, as identified under

section 104 (1) (c) (i);
(b) wildlife, including fish, and wildlife habitat;
(c) temperature sensitive streams, as identified under

section 104 (1) (c) (ii);
(d) streams, wetlands and lakes;
(e) riparian areas and lakeshores;
(f) lakeshore management zones;
(i) aquifers and ground water recharge areas;
(j) old-growth management areas, as identified under

section 104 (3) (a);
(m) soils, including soil stability, disturbance and productivity;
(n) surface drainage, ground percolation and erosion control;
(p) invasive plants, as identified under

section 104 (3) (c);
(t) cultural heritage resources;
(u) scenic areas, as established under

section 104 (3) (d);
(v) ungulate winter ranges, as established under

section 104 (1) (a) (i);
(w) wildlife habitat areas, as established under

section 104 (1) (a) (ii);
(x) fisheries sensitive watersheds, as established under

section 104 (1) (a) (iv). (3) The Lieutenant Governor in Council may make regulations
(a) for the purposes of subsection (2), classifying
(i) streams, wetlands and lakes,
(iii) wildlife habitat features, scenic features and resource features,
(b) for the purposes of subsection (2) and of

section 104 (1) (a) (iv) and (2) (a), classifying watersheds,
(c) for the purposes of subsection (2) and of

section 104 (2) (b) (i), classifying aquifers, and
(d) for the purposes of subsection (2) and of

section 104 (4), classifying lakeshore management zones. (4) The Lieutenant Governor in Council may make regulations prescribing objectives for the purposes of the definition of "government's environmental objectives" in

section 1. 104 (1) The Lieutenant Governor in Council may make regulations authorizing the minister responsible for administering the Wildlife Act
(a) to establish, for the purposes of paragraph (b), one or more of the following:
(i) an area as an ungulate winter range;
(ii) an area as a wildlife habitat area;
(iii) categories of wildlife for the purposes of subparagraphs (i) to (ii);
(iv) a fisheries sensitive watershed, in accordance with regulations, if any, respecting the classification of watersheds made under

section 36 (1), an environmental measure in relation to paragraph (a) (i), (ii) or (iv) of this subsection, and
(c) to identify one or both of the following:
(i) for the purposes of

section 103 (2) (a), a wildlife habitat feature, in accordance with regulations, if any, respecting the classification of wildlife habitat features made under section 103 (3) (a) (iii);
(ii) for the purposes of

section 103 (2) (c), a temperature sensitive stream. (2) The Lieutenant Governor in Council may make regulations authorizing the minister responsible for administering the Water Sustainability Act
(a) to establish, for the purposes of paragraph (c), a designated watershed or portion of a watershed, in accordance with regulations, if any, respecting the classification of watersheds made under

section 103 (3) (b),
(b) to identify, for the purposes of paragraph (c), either or both of the following:
(i) an aquifer, in accordance with regulations, if any, respecting the classification of aquifers made under

section 103 (3) (c);
(ii) a groundwater recharge area, and
(c) to establish, for the purposes of

section 36 (1), an environmental measure in relation to paragraphs (a) and (b). (3) The Lieutenant Governor in Council may make regulations authorizing the minister responsible for administering the Land Act
(a) to establish, for the purposes of

section 103 (2) (j) and paragraph (b) of this subsection, an old-growth management area,
(b) to establish, for the purposes of

section 36 (1), an environmental measure in relation to paragraph (a) of this subsection,
(c) to identify invasive plants for the purposes of

section 103 (2) (u), scenic areas. (4) The Lieutenant Governor in Council may make regulations authorizing the minister responsible for administering the Forest and Range Practices Act to establish, for the purposes of

(5) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the circumstances in which and the extent to which a discretion conferred in an authorization referred to in subsections (1) to (4) or paragraph (b) of this subsection may be exercised;
(b) authorizing a minister referred to in subsections (1) to (4) to grant an exemption from an environmental measure established by that minister and to impose one or more conditions with respect to the exemption;
(c) authorizing a minister referred to in subsections (1) to (4) to delegate any power conferred on the minister by a regulation made under this section with or without directions on how the delegated power is to be exercised;
(d) prescribing the consultations or notifications, or both, that a minister referred to in subsections (1) to (4), or a person authorized by the minister, must carry out before exercising a power conferred on the minister by a regulation made under this section;
(e) prescribing a date on which, or a period of time at the expiry of which, an order made by a minister referred to in subsection (1) to (4) in the exercise of a power conferred on the minister by a regulation made under this section comes into force.

section 103, the Lieutenant Governor in Council may provide an exception to the application of the regulation, including an exception relating to the application of an environmental measure. (2) If there is an inconsistency between
(i) a requirement prescribed under

section 104, and
(b) a provision of an Act administered by the minister responsible for the administration of the Wildlife Act or the Water Sustainability Act or a regulation made under any of those Acts
the provision referred to in paragraph (b) prevails to the extent of the inconsistency. 105.1 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing classes of energy resource activities for the purposes of

section 25.1, including, without limitation, by reference to a method of carrying out an energy resource activity;
(b) authorizing a minister to establish, for the purposes of

section 25.1,
(i) an area as an energy resource management area, and
(ii) an area as a mitigation area for an energy resource management area;
(c) respecting off-site environmental mitigation activities for the purposes of

section 25.1, including, without limitation, regulations as follows:
(i) respecting the selection of off-site environmental mitigation activities to be specified under that section, including, without limitation, providing what activities may or must be specified;
(ii) respecting the selection of the mitigation area, or the location in the mitigation area, to be specified under that section;
(iii) respecting the specification under that section of when and how off-site environmental mitigation activities are to be carried out, including, without limitation, providing what methods or results may or must be specified.

(2) Subject to the regulations under subsection (3), a minister on whom authority is conferred under subsection (1) (b) may establish one or more of the following as a mitigation area for an energy resource management area:
(a) the energy resource management area;
(b) an area wholly inside the energy resource management area;
(c) an area wholly outside the energy resource management area;
(d) an area partially inside and partially outside the energy resource management area.

(3) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the circumstances in which and the extent to which a discretion conferred in an authorization referred to in subsection (1) (b) may be exercised;
(b) authorizing a minister referred to in subsection (1) (b) to delegate any power conferred on the minister by a regulation made under this section with or without directions on how the delegated power is to be exercised;
(c) prescribing the consultations or notifications, or both, that a minister referred to in subsection (1) (b), or a person authorized by the minister, must carry out before exercising a power conferred on the minister by a regulation made under this section;
(d) prescribing a date on which, or a period of time at the expiry of which, an order made by a minister referred to in subsection (1) (b) in the exercise of a power conferred on the minister by a regulation made under this section comes into force.

section 94 (2) (c), the Lieutenant Governor in Council may make different regulations under subsection (1) of this section for different energy resource management areas or mitigation areas. Division 2 — Regulations of the Board
106 (1) In making a regulation under this Division, the board may do one or more of the following:
(c) make different regulations for different persons, places, things, decisions, transactions, activities or circumstances;
(d) make the regulation subject to orders issued under

section 49, on any conditions the board considers appropriate. (2) The board may make regulations establishing criteria that a person must use when exercising a discretionary or delegated power conferred on the person by a regulation under this Division. (3) In making a regulation under

section 111, 111.1 (1) (b), 111.2 (a) or 112 (1) (a), (b), (c), (d), (d.1) or (d.2), the board may authorize an official to exempt a person from a provision of the regulation and to impose one or more conditions with respect to the exemption. 107 (1) The board may make regulations respecting consultations and notification for the purposes of sections 22, 31 (5) and 32 (3) and notification for the purposes of

section 23 (3). (2) Without limiting subsection (1), the board may make regulations
(a) prescribing classes of applicants for the purposes of

section 22 (1),
(b) respecting the extent, nature and manner of the consultations or notifications that may be required under

section 22, 31 (5) or 32 (3), including, without limiting this, regulations respecting the provision of notice to specified persons or classes of persons and the provision of replies to persons who respond to a notice, and
(c) respecting reports to be submitted under

section 24 (1) (c), 31 (6) or 32 (4), including, without limiting this, regulations respecting the publication of those reports. 108 The board may make regulations as follows:
(a) respecting information for the purposes of

section 24 (1) (d) and records for the purposes of section 24 (1) (e);
(b) respecting requirements for the purposes of

section 25 (1). 109 The board may make regulations respecting security for the purposes of sections 23 and 30, including regulations as follows:
(a) prescribing the amount of the security for the purposes of

section 23 and the minimum or maximum amount, or both, of security for the purposes of section 30;
(b) respecting the type of security that is acceptable or unacceptable;
(c) respecting the form and content of the security;
(d) respecting the time by which the security must be submitted to the regulator;
(e) respecting the circumstances under which the security may be realized;
110 (1) The board, for the purposes of recovering expenses arising out of the administration of this Act in a fiscal year, may make regulations as follows:
(ii) establishing the amount, or the method of determining the amount, of the levy;

(2) For certainty, the board may impose more than one levy under this section in a calendar year. 111 (1) The board may make regulations respecting the carrying out of an energy resource activity, including, without limiting this, regulations as follows:
(a) if the regulator is satisfied that there is a danger to the public, increasing a specified distance prescribed under

section 97 (a), and, if a prohibition has not been prescribed under that section with respect to any area of the province, prescribing a prohibition for that area of the type referred to in that section;
(a.1) respecting actions a permit holder and a person carrying out an energy resource activity must carry out or refrain from carrying out on completion of or while completing an energy resource activity;
(b) respecting equipment and techniques that must be used when carrying out an energy resource activity;
(c) respecting waste produced directly or indirectly by the carrying out of an energy resource activity;
(d) respecting the carrying out of geophysical exploration;
(e) respecting the drilling, operation and abandonment of wells, including, without limiting this, regulations respecting
(i) the measures to be taken and the methods of operation to be used before drilling begins and during drilling or operation,
(ii) the drilling of multizone wells,
(iii) the conditioning and reconditioning of wells by mechanical, chemical or explosive means,
(v) spacing areas in which wells are to be completed;
(f) respecting the exploration for and development, use and abandonment of storage reservoirs;
(g) respecting the exploration for and development and production of oil sand, oil sand products, oil shale and oil shale products;
(h) respecting the construction, operation and abandonment of a pipeline, including, without limiting this, regulations respecting measures to be taken
(i) to restore the land and surface of land after construction or removal of a pipeline,
(ii) to monitor and maintain the integrity of the pipeline and equipment, and
(iii) on suspension of operation of a pipeline;
(h.1) respecting the construction, operation and abandonment of a facility used for the purposes of producing, gathering, processing or storing petroleum, natural gas, water or a substance referred to in paragraph (d) or (e) of the definition of "pipeline" in

section 1;
(h.2) respecting the construction, operation and abandonment of a manufacturing plant or petroleum refinery;
(i) and (j) [Repealed 2010-9-46.] (k) determining whether a field or pool designated under

section 49.1 may be operated for the production of petroleum, natural gas, or both;
(l) designating the area that is to be allocated to a well in connection with fixing allowable production;
(m) controlling and regulating the production of petroleum, natural gas and water by restriction, proration or prohibition;
(n) requiring the disposal of water produced into a storage reservoir or otherwise and authorizing the regulator to specify the terms according to which the disposal must be done;
(o) respecting the management of petroleum or natural gas fields, pools or zones;
(p) respecting the maintenance of a pipeline, facility, well, road prescribed under subsection (2) or other structure, equipment or thing.

(2) The board may make regulations as follows:
(a) prescribing roads for the purposes of paragraph (g) of the definition of "energy resource activity" in

(b) respecting the construction, operation, maintenance and deactivation of prescribed roads;
(c) respecting the application of the Motor Vehicle Act to prescribed roads;
(d) respecting the use of a prescribed road by a permit holder. 111.1 (1) The board may make regulations respecting dormant sites for the purposes of Part 3.1, including, without limitation, regulations as follows:
(a) respecting when a site of an energy resource activity is a dormant site, including, without limitation, regulations prescribing activities that must be carried out or a level of activity that must be maintained for a site not to be a dormant site;
(b) prescribing requirements for the purposes of

section 43.2, including, without limitation, prescribing any requirements that may be prescribed under
(i)

section 111 (1) (e), (f), (g), (h), (h.1) or (h.2) or (2) (b), or
(ii)

section 112 (h) for the purposes of section 40 (e);
(c) prescribing criteria for the purposes of

section 43.2;
(d) prescribing classes of sites and periods of time for the purposes of

section 43.4 (2), including, without limitation, regulations respecting eligibility to submit plans or the form or content of plans. (2) Without limiting

section 106, in making a regulation under this section, the board may make different regulations for different classes of permit, permit holder, site or portfolio. 111.2 The board may make regulations as follows:
(a) prescribing records for the purposes of

section 43.04 (1) and respecting the maintenance and submission of those records;
(b) respecting applications under

section 43.12 and specifying criteria that a responsible person must meet to be eligible to make an application under that section.

112 (1) The board may make regulations as follows:
(a) adopting by reference, in whole or in part and with any changes the board considers necessary, any regulation, code, standard or rule
(i) enacted as or under a law of another jurisdiction, including a foreign jurisdiction, or
(ii) set by a provincial, national or international body or any other code, standard or rule making body,
as the regulation, code, standard or rule stands at a specific date, as it stands at the time of adoption or as amended from time to time;
(b) respecting the taking of samples and the conducting of tests and analyses by permit holders;
(c) subject to the approval of Treasury Board, respecting fees for the provision under this Act of a service by the regulator to any person;
(d) prescribing records, reports and plans for the purposes of

section 38 and respecting the maintenance and submission of those records, reports, and plans;
(d.1) respecting emergency response programs and response contingency plans for the purposes of

section 38 (1) (b), including, without limiting this, regulations requiring the programs or plans to include requirements with respect to the training of persons who will carry out the programs or prepare the plans and consultations that must be carried out with respect to the programs or plans;
(d.2) respecting well samples and cores, including, without limiting this, regulations respecting the examination, storage, maintenance and submission to the regulator of well samples and cores;
(e) prescribing the methods that must be used for the measurement of petroleum, natural gas, substances prescribed under

section 133 (2) (v) of the Petroleum and Natural Gas Act and mixtures of any of them;
(f) prescribing the standard conditions to which the measurements referred to in paragraph (e) must be converted;
(h) prescribing requirements for the purposes of sections 39 (4) and 40 (e);
(i) prescribing classes of persons for the purposes of

(i.1) prescribing the content and manner of publication of a notice referred to in

section 51, respecting the restriction or prohibition of access to a public area;
(k.1) prescribing the form of an application for the purposes of

section 61.1 (3);
(l) prescribing methods of service and times of deemed receipt for the purposes of

section 79. (2) For greater certainty, regulations made under subsection (1) (c) or

section 110 (b) with the approval of Treasury Board may be made or adjusted at any time. 114 The Lieutenant Governor in Council, when appointing the first appeal tribunal, may appoint to the appeal tribunal, without a merit-based process, a person who, at the time of the appointment, is
(a) a member of the Environmental Appeal Board continued under the Environmental Management Act, or
(b) a member of the Forest Appeals Commission continued under the Forest Practices Code of British Columbia Act. 115 (1) In this section, "former Act" means the Oil and Gas Commission Act, S.B.C. 1998, c. 39, as it read immediately before being repealed. (2) A designation made under

section 6.2 (5) (a) of the former Act and in effect immediately before the repeal of the former Act is deemed to be a designation made under section 45 (2) of this Act. 116 (1) In this section, "former Act" means the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, as it read immediately before this section comes into force. (2) The following approval and authorizations are each deemed to be a permit issued under this Act if the authorization or approval is in effect immediately before the coming into force of this section:
(a) an approval issued under

section 33 of the former Act;
(b) a well authorization issued under Division 1 of Part 12 of the former Act;
(c) a water source well authorization issued under Division 2.1 of Part 12 of the former Act;
(d) an authorization to construct or modify a production facility issued by the regulator under the Drilling and Production Regulation, B.C. Reg. 362/98, as it read immediately before this section comes into force. (3) Despite the repeal of Part 4 of the former Act, that Part continues to apply to a geophysical licence issued under

section 32 of the former Act and in effect immediately before this section comes into force, until whichever of the following happens first:
(a) the geophysical licence is cancelled under

section 35 of the former Act;
(b) a permit is issued under this Act to the holder of the geophysical licence, permitting the holder to carry out geophysical exploration;
(c) 2 years expire after the date Part 4 of the former Act is repealed.

(4) Despite the repeal of Part 12 of the former Act, that Part continues to apply to a test hole authorization issued under Division 2 of that Part until whichever of the following happens first:
(a) the test hole authorization is cancelled under Division 2 of Part 12;
(b) a permit is issued under this Act to the holder of the test hole authorization, permitting the holder to convert the test hole into a well;
(c) 2 years expire after the date Part 12 of the former Act is repealed. (5) A drilling deposit submitted under

section 85 of the former Act is deemed to be security submitted for the purposes of section 30 of this Act. (6) An approval issued under

section 100 of the former Act and in effect immediately before this section comes into force is deemed to be a designation under section 75 of this Act. 117 (1) In this section, "former Act" means the Pipeline Act, R.S.B.C. 1996, c. 364, as it read immediately before its repeal. (2) Each of the following is deemed to be a pipeline permit issued under this Act:
(a) a certificate issued under

section 10 of the former Act and in effect immediately before the repeal of the former Act;
(b) an authorization issued under

section 22 of the former Act and in effect immediately before the repeal of the former Act;
(c) an authorization issued under

section 27 of the former Act and in effect immediately before the repeal of the former Act;
(d) a certificate issued under

section 2 of the former Act and in effect immediately before the repeal of the former Act. (3) A leave given under

section 28 of the former Act and in effect immediately before the repeal of the former Act is deemed to be an approval issued under section 76 of this Act. (4) A leave, in relation to a pipeline, given under

section 30 of the former Act and in effect immediately before the repeal of the former Act is deemed to be a permission in the pipeline permit for the pipeline. (5) A leave given under

section 31 of the former Act and in effect immediately before the repeal of the former Act is deemed to be an approval under section 76 of this Act. (6) Despite the repeal of Part 7 of the former Act, any decision made with respect to a common carrier by the British Columbia Utilities Commission under the authority of that Part continues to apply, subject to

section 65 of the Utilities Commission Act as amended by this enactment. 118 The regulator may consolidate into a single permit any or all permits held by a permit holder by operation of sections 116 and 117. 118.1 Despite

section 21, a person does not require a permit to maintain on private land a road that existed immediately before January 27, 2011, and that is prescribed for the purposes of paragraph (g) of the definition of "energy resource activity" in section 1 (2). Part 11 — Consequential Amendments and Repeals
Consequential Amendments and Repeals

section 7 (7) or as otherwise specified in writing in a permit or a designation;
"daily oil allowable" or "DOA" means the volume of petroleum determined in accordance with

section 54;
"daily production limit" means a volume equal to 125% of the daily oil allowable or daily gas allowable;
"deep groundwater" has the same meaning as in

section 51 of the Water Sustainability Regulation;
"emergency planning zone" has the same meaning as in

section 1 of the Emergency Management Regulation;
"facility permit" means a permit that includes permission to construct or operate a facility;
"facility permit holder" means a permit holder of a facility permit;
"flare stack" means a vertical pipe in which natural gas or gas derived from petroleum is combusted at the tip;
"flaring" means the disposal by combustion of natural gas or gas derived from petroleum;
"groundwater" has the same meaning as in the Water Sustainability Act;
"incinerator" means a device designed to dispose of natural gas or gas derived from petroleum by combusting the gas inside a chamber of the device;
"initial oil production" means the first production after the release of the drilling rig and after the recovery of a volume of petroleum equal to the volume of the completion petroleum;
"integrity management program", in relation to a facility, means a documented program that specifies the practices used to ensure the safe, environmentally responsible and reliable operation of the facility;
"monthly oil allowable" means, for any month, the volume of petroleum determined by multiplying the daily oil allowable by the number of days in the month;
"natural boundary" has the same meaning as in

section 1 of the Land Act;
"natural gas by-products" means natural gas liquids, sulphur and substances other than marketable natural gas that are recovered from raw natural gas by processing or normal 2-phase field separation;
"observation well" means a well or a portion of a well designated as an observation well under

section 2 (7);
"overproduction of oil" means, at the end of the test period, the amount by which petroleum production during the test period exceeds the test period allowable, and on any succeeding day means the amount by which the actual production from the beginning of the production period exceeds the production target;
"producing well" means a completed well that has been placed on regular production;
"production period" means a period beginning on the day following the test period to the following October 31 and thereafter means a 12 month period ending on October 31 each year;
"production tank" means a tank used to receive and store produced or waste liquids at a facility, but does not include a tank used to receive and store liquids only during maintenance operations or process upsets;
"production target" means, at the end of any day, the sum of the daily oil allowables for each day from the beginning of the production period plus any underproduction or less any overproduction carried forward from the test period or a preceding production period;
"proration battery" means a battery that gathers from more than one well and where the petroleum volume, water volume and natural gas volume produced from the wells are measured at the battery outlet and are then allocated to each well based on test results;
"qualified professional", in relation to a matter, means an individual who
(a) is registered with a regulatory body as defined in

section 1 (1) [definitions and interpretation] of the Professional Governance Act, and
(b) through suitable education, experience, accreditation and knowledge, may reasonably be relied on to provide advice within the individual's area of expertise as it relates to the matter;
"safety equipment" means equipment that is required for the safe operation and shutdown of a producing well or facility;
"test period" means, commencing with the day of initial oil production, the lesser of either 90 producing days or the time required to produce the test period allowable;
"turnaround", in relation to a facility, means a planned shutdown to allow for maintenance, cleaning, inspection, repairs or an overhaul;
"unadjusted daily gas allowable" or "UDGA" means the greater of
(b) the volume of gas determined from reservoir parameters and approved by an official,
except in the case of concurrent producers, in which case paragraph (b) applies;
"unadjusted daily oil allowable" or "UDOA" means the volume of oil determined in accordance with

section 54 (2);
"underproduction of oil" means, at the end of the test period, the amount by which petroleum production during the test period is less than the test period allowable and, at the end of any succeeding day, means the amount by which the actual production from the beginning of the production period is less than the production target;
"usable groundwater" means groundwater that is not deep groundwater;
"water body" means a natural water course or source of water supply, whether usually containing water or not, but does not include muskeg;
"water production" means the flowing of water from a water source well;
"water supply well" has the same meaning as in the Ground Water Protection Regulation, B.C. Reg.

299/2004;
"well control" means control of the movement of fluids into or from a well;
"well operation" means the operation of drilling, completing, recompleting, intervening, re-entering, carrying out a workover, suspending or abandoning a well;
"well permit" means a permit that includes permission to drill or operate a well;
"wellhead"
(a) includes the flow control valves and all equipment installed on a well above the uppermost portion of the surface casing, and
(b) does not include associated flow lines;
"workover" means
(a) any operation that changes the configuration or producing characteristics of a well or zone,
(b) the installation or removal of equipment from a wellbore, and
(d) Repealed. [B.C. Reg. 146/2017, App. 1, s. 1 (b).] [am. B.C. Regs.

241/2012, s. 1; 204/2013, s. 3 (a); 147/2014, s. (a); 159/2015, s. 1; 146/2017, App. 1, s. 1; 103/2019, s. 1; 286/2018, s. 1; 48/2021, App. 2, s. 1; 202/2023, Sch. 2, s. 1; 78/2023, Sch. 2, s. 2; 26/2025, Sch. 2, s. 1.] 1.1 Subject to

section 22 of the Processing Facility Regulation, this regulation does not apply in relation to the following:
(a) a processing facility as defined in

section 1 of the Processing Facility Regulation;
(b) an LNG facility as defined in

section 1 of the Liquefied Natural Gas Facility Regulation;
(c) a facility for manufacturing hydrogen, ammonia or methanol from petroleum, natural gas, water or another substance. [en. B.C. Reg. 78/2023, Sch. 2, s. 3; am. B.C. Regs. 37/2024, s. 1; 26/2025, Sch. 2, s. 2.] Part 2 — Well Permits and Exemptions
2 (1) A well is classified as a development well if, at the time the well permit is issued,
(a) it is to be located in a spacing area that is in or contiguous to an oil or gas pool designated under

section 49.1 of the Act, and
(b) if an objective formation is not in a deeper geological formation than the designated oil or gas pool. (2) A well is classified as an exploratory outpost well if, at the time the well permit is issued,
(a) it is to be located less than 7 km from an oil or gas pool designated under

(b) it is not a development well. (3) A well is classified as an exploratory wildcat well if,
(a) at the time the well permit is issued, it is to be located not nearer than 7 km to an oil or gas pool designated under

section 49.1 of the Act, or
(b) the well has been designated as a discovery well. (4) If a well permit is amended to give permission to deepen a well, the new portion of the well is classified in accordance with subsections (1) to (3). (5) An official may designate a well or a portion of a well as a discovery well if a new oil or gas pool has been designated as a result of data obtained from the well.

(6) An official may designate a well or a portion of a well as a special data well if the well permit holder submits to the regulator
(a) a report respecting monitoring of hydraulic fracturing operations in the well, or
(i) at least 9 metres of full diameter core from the well or 20 rotary sidewall cores from the well;
(ii) at least 3 specialty petro-physical logs, run over an interval of not less than 200 metres, that correspond to the interval from which the cores referred to in subparagraph (i) are collected.

(7) An official may designate a well as an observation well if
(a) the well is being used to monitor reservoir pressures or to obtain other formation information, and
(b) the well is not used to produce from, or inject or dispose of fluids into, a formation being monitored. [am. B.C. Regs. 241/2012, s. 2; 202/2023, Sch. 2, s. 2.] 3 A well permit holder must keep a copy of the well permit at the well site during drilling operations. 4 (1) An official may grant to a permit holder an exemption in writing from the application of any or all of the following:
(d)

section 78 (2), (3), (4) and (6);
(2) In granting an exemption under subsection (1), an official may impose any conditions on the exemption the official considers necessary. [am. B.C. Regs. 94/2011; 241/2012, s. 3; 159/2015, s. 2; 146/2017, App. 1, s. 2; 103/2019, s. 2; 286/2018, s. 2; 78/2023, Sch. 2, s. 4; 256/2024, App. 1, s. 1.]

Part 3 — Well Position, Spacing and Target Areas
5 (1) If a well or facility is
(a) closer than 100 m to the natural boundary of a water body, or
(b) 100 m or more from the natural boundary of a water body, but situated so that, given the topography or other relevant factors, it is likely that an uncontrolled flow of oil, gas, brine or another fluid may reach the water body,
the permit holder must ensure surface-control features are in place, or surface-control measures have been taken, to contain escaping fluids.

(2) A permit holder must not drill a well within
(a) 40 m of the right of way or easement of any road allowance or public utility,
(b) 100 m of a permanent building, installation or works,
6 (1) In each pool, the target area for an oil well in a normal spacing area at any depth is the area inside, but not nearer than 100 m to the sides of, the spacing area. (2) If the boundary of a location does not coincide with the side of a normal oil well spacing area, the oil well target area must have sides not nearer than 100 m to the boundary.

(3) A permit holder may complete one oil well in each normal spacing area on a location that contains more than one normal spacing area if each well is located not nearer than 100 m to the boundary of the location. (3.1) Subsections (2) and (3) do not apply to the completed portion of a well producing from an unconventional zone listed in Schedule 2. (4) For the purposes of

section 54, the off-target penalty factor for an oil well completed outside the oil well target area is:
(5) Subsection (4) does not apply to any of the following:
(a) the discovery well of an oil pool;
(b) a well drilled and completed before May 2, 1958;
(b.1) the completed portion of a well producing from an unconventional zone listed in Schedule 2;
(c) an off-target oil well located not nearer than 100 m to the boundary of the location.

(6) A well permit holder may not produce from a well in an unconventional zone listed in Schedule 2 if a completed portion of the wellbore is located closer than the distance listed in Schedule 2 for that zone to land with respect to which the well permit holder
(a) is not the owner of the petroleum and natural gas rights or the holder of the location, or
(b) does not have an agreement with the owner or holder respecting the production. [am. B.C. Regs. 146/2017, App. 1, s. 3; 103/2019, s. 3.]

7 (1) In each pool, the target area for a gas well in a normal spacing area at any depth is the area inside, but not nearer than 250 m to the sides of, the spacing area. (2) A permit holder may complete one gas well in each normal spacing area on a location that contains more than one normal spacing area if each well is located not nearer than 250 m to the boundary of the location. (3) For the purposes of

section 65, the off-target penalty factor for a gas well completed outside the gas well target area is:
(4) Subsection (3) does not apply to any of the following:
(a) the discovery well of a gas pool;
(c) an off-target gas well located not nearer than 250 m to the boundary of the location. (5) Subsections (1) to (3) do not apply to the completed portion of a well producing from an unconventional zone listed in Schedule 2.

(b) does not have an agreement with the owner or holder respecting the production. (7) For the purposes of the definition of "daily gas allowable" in

section 1, daily gas allowable is:
[am. B.C. Regs. 241/2012, s. 4; 159/2015, s. 3.] 8 (1) A well permit holder must notify the regulator, in electronic form, of the following actions taken by the permit holder:
(a) beginning the construction of a well;
(b) beginning the drilling of a well;
(c) releasing a rig, if drilling is completed or temporarily suspended;
(d) resuming drilling operations after a temporary suspension. (2) The notice under subsection (1) (a) must be sent at least 2 days before construction is to begin, and a notice under subsection (1) (b), (c) or (d) must be sent within 24 hours of the action being taken. [am. B.C. Reg. 202/2023, Sch. 2, s. 2.]

Division 2 — Blowout Prevention
9 (1) A well permit holder must ensure that, during all well operations, reliably operating well control equipment is installed to control kicks, prevent blow-outs and safely carry out all well operations. (2) If a well barrier fails, the well permit holder must ensure that no other activities, other than those intended to restore or replace the barrier, take place in the well. 10 (0.1) This section does not apply with respect to a well drilled to access usable groundwater.

(1) A well permit holder must ensure that
(a) pressure-control equipment associated with well operations is pressure-tested on installation and as often as necessary during well operations to ensure the continued safe operation of the equipment, and
(b) the rig crew conducting the well operation has an adequate understanding of, and is able to operate, the blowout prevention equipment. (2) At the request of an official, a well permit holder's contractor or rig crew, when it is safe to do so, must test the operation and effectiveness of the blowout prevention equipment installed on the permit holder's well in accordance with the Well Control Procedure placard issued by the Canadian Association of Oilwell Drilling Contractors or well control procedures approved by an accepted safety training organization.

(3) A well permit holder must maintain, for 60 days from the date of rig release, a record of the results of tests required under subsection (1) (a). [am. B.C. Regs. 146/2017, App. 1, s. 4; 103/2019, s. 4.] 11 A well permit holder must ensure that
(a) the drilling fluid system and associated monitoring equipment is designed, installed, operated and maintained to allow for proper well evaluation, to ensure safe drilling operations and, except when drilling underbalanced, to provide an effective barrier against formation pressure, and
(b) the indicators and alarms associated with the monitoring equipment are located at appropriate locations on the drilling rig to alert onsite personnel of well conditions that could lead to a loss of well control.

12 (1) A well permit holder must take all reasonable measures to minimize the risk of loss of well control. (2) If well control is lost or compromised, the well permit holder must ensure that all actions necessary to rectify the situation are taken without delay. 13 (1) A well permit holder must ensure that
(a) there is a sufficient number of trained and competent individuals carrying out well operations for those operations to be carried out safely and without causing pollution, and
(b) any operational procedure that is a hazard to safety or the environment is corrected and all affected persons are informed of the alteration.

(2) A driller of a well being drilled or tested during drilling operations, other than a well that is drilled to access usable groundwater, must
(a) be trained in blowout prevention,
(b) have a valid first line supervisor's blowout certificate or a valid second-line supervisor's well control certificate issued by an accepted safety training organization, and
(c) provide evidence of the driller's qualifications to an official on the official's request.

(3) A rig manager and the permit holder's representative at the well site where a well, other than a well that is used to access usable groundwater, is being drilled or tested during drilling operations must
(b) have a valid second-line supervisor's certificate issued by an accepted safety training organization, and
(c) provide evidence of their qualifications to an official on the official's request. (4) The following people must possess, during servicing operations on a well other than a well that is drilled to access usable groundwater, a valid well service blowout prevention certificate issued by an accepted safety training organization and provide evidence of their qualifications to an official on the official's request:
(c) the well permit holder's representative. [am. B.C.

Regs. 146/2017, App. 1, s. 5; 103/2019, s. 5; 37/2024, s. 2.] 14 (1) For each well operation, a well permit holder must maintain a record of the well control equipment and an assessment of the adequacy of the well control equipment for 6 months following the completion of the well operation. (2) A well permit holder must maintain records of the policies and procedures used to ensure the safe conduct of well operations.

Division 3 — General Well Equipment
15 (1) Until the well is abandoned, a well permit holder must ensure that a permanently legible and conspicuous sign is displayed and maintained at each well, and that sign must show all of the following:
(a) the name of the well permit holder;
(b) current emergency notification information, including a telephone number;
(c) the location of the surface site of the well;
(d) if the well may produce flammable gas, a flammable gas symbol from Schedule 1;
(e) if the well may produce gas containing 100 ppm or greater of hydrogen sulphide, a poisonous gas symbol from Schedule 1;
(f) after March 1, 2011, if the well may produce gas containing 10 ppm or greater of hydrogen sulphide, a poisonous gas symbol from Schedule 1.

(2) A well permit holder must not post warning symbols where no hazard exists. (3) A well permit holder must ensure both of the following:
(a) that the well site is maintained in a condition so as to minimize hazards, including but not limited to hazards associated with pits, holes, storage of materials and equipment;
(b) that the well site is free of garbage, debris and derelict equipment. [am. B.C. Regs. 241/2012, s. 5; 146/2017, App. 1, s. 6; 103/2019, s. 6; 202/2023, Sch. 2, s. 3.]

16 (1) A well permit holder must ensure
(a) that all tools and equipment used in well operations, production, injection or disposal are installed and operated in accordance with the manufacturer's specifications or sound engineering practices,
(b) that all production from or injection into a well is through tubing, except during a well operation, the production of fluids containing less than 5 mole percent of hydrogen sulphide or the injection of fresh water, and
(c) that any packer set in a well is set as near as is practical above the completed interval.

(2) Except during a well operation, before injecting a fluid other than fresh water or gas containing less than 5 mole percent of hydrogen sulphide into an injection or disposal well, a well permit holder must
(a) set a production packer in the well as near as is practical above the injection interval, and
(b) ensure that the space between tubing and the outer steel casing is filled with a corrosion and frost inhibiting fluid.

(3) If a production packer is set in accordance with subsection (2), a well permit holder must
(a) conduct an annual segregation test of any of the holder's wells with a production packer, and, if the test fails, complete repairs without unreasonable delay, and
(b) submit a report of the annual segregation test and any repairs completed under paragraph (a) to the regulator within 30 days of completing the test. [am. B.C. Regs. 159/2015, s. 4; 146/2017, App. 1, s. 7; 103/2019, s. 7; 202/2023, Sch. 2, s. 2.] 17 A well permit holder must ensure that the wellhead is designed and maintained to operate safely under the conditions anticipated during the life of the well and that the wellhead is not subjected to excessive force. [am. B.C.

Regs. 146/2017, App. 1, s. 8; 103/2019, s. 8.] 18 (1) A well permit holder must ensure that casing is designed so that it will not fail if subjected to the maximum loads and service conditions that can reasonably be anticipated during the expected service life of the well. (2) A well permit holder must use non-toxic drilling fluids during the drilling of a well until, in the opinion of a qualified professional, all usable groundwater has been isolated from the drilling fluid.

(3) A well permit holder must ensure that surface casing for a well conforms to the following requirements:
(a) surface casing must be set in a competent formation at a depth sufficient to provide a competent anchor for blowout prevention equipment and to ensure control of anticipated well pressures;
(b) the annulus must be filled with cement to the surface. (4) A well permit holder, with respect to a well drilled after this regulation came into force, must ensure that the next casing string is cemented full length if surface casing for the well is not set below usable groundwater.

(5) A well permit holder must ensure that surface casing cement is not drilled out until sufficient compressive strength has been reached to allow the safe conduct of drilling operations. (6) A well permit holder must ensure that
(a) all reasonable measures are taken to cement all intermediate and production casing to the surface or a minimum of 200 m above the shoe of the previous casing string, and
(b) the cement is not drilled out until sufficient compressive strength has been reached to allow the safe conduct of drilling operations. (7) If there is any reason to doubt the effectiveness of casing cementation, a well permit holder must evaluate the cement integrity and ensure that remedial measures are taken if necessary.

(8) On detection of a casing leak or failure, a well permit holder must
(a) notify the regulator about the leak or failure without delay, and
(b) repair the leak without unreasonable delay. (9) A well permit holder must ensure that a well is configured such that
(a) subject to subsection (10), the surface casing annulus can freely vent,
(b) excessive pressure cannot occur at the surface casing shoe, and
(c) the surface casing is equipped with an open valve.

(10) Subsection (9) (a) does not apply to a well if all of the following requirements are met:
(a) the surface casing is cemented to the surface;
(b) the surface casing is set below the base of usable groundwater;
(c) the buildup pressure of the surface casing vent does not exceed 1/2 of the formation leak off pressure at the base of the surface casing;
(d) the well permit holder has control of emissions through one of the following:
(i) installation of a burst plate on the surface casing vent with a maximum pressure that does not exceed 1/2 of the formation leak off pressure at the base of the surface casing;
(ii) flaring emissions of natural gas from the surface casing vent in accordance with sections 42 to 44;
(iii) routing emissions of natural gas from the surface casing vent to hydrocarbon conservation equipment.

[am. B.C. Regs. 146/2017, App. 1, s. 9; 202/2023, Sch. 2, s. 2; 256/2024, App. 1, s. 2.] 19 (1) The well permit holder of a completed oil or gas well must ensure that the surface and subsurface equipment of the well is arranged to permit the ready measurement of the tubing pressure, production casing pressure and surface casing pressure. (2) The well permit holder of a completed well must ensure that the surface equipment at the well site includes
(a) the valve connections necessary to sample the oil, gas or water produced, and
(b) in the case of a gas well, facilities for determining the wellhead fluid temperature.

(2.1) The well permit holder of a cased well must ensure that the well is equipped with a wellhead, or a capping assembly, that permits access to the wellbore for pressure measurement. (3) The well permit holder of a well must keep a detailed record of all subsurface equipment in the well at all times prior to abandonment. [am. B.C. Reg. 103/2019, s. 9.] 20 Before a well permit holder drills, completes, plugs or begins production from a well, the well permit holder must ensure that adequate provision is made for the management of any oil, gas, formation water, drilling fluid, completion fluid, chemical substances, and waste.

21 A well permit holder must not conduct a fracturing operation at a depth less than 600 m below ground level unless the operations are permitted by the well permit. 21.1 (1) During fracturing, injection or disposal operations on a well, the well permit holder must immediately report to the regulator any seismic event within a 3 km radius of the drilling pad that is recorded by the well permit holder or reported to the well permit holder by any source available, if
(a) the seismic event has a magnitude of 4.0 or greater, or
(b) a ground motion is felt on the surface by any individual within the 3 km radius.

(2) If a well is identified by the well permit holder or the regulator as being responsible for a seismic event that has a magnitude of 4.0 or greater, the well permit holder must suspend fracturing, injection and disposal operations on the well immediately. (3) Fracturing, injection and disposal operations suspended under subsection (2) may continue once the well permit holder has implemented operational changes satisfactory to the regulator to reduce or eliminate the initiation of additional induced seismic events. [en. B.C. Reg. 159/2015, s. 5; am. B.C. Regs. 165/2015; 146/2017, App. 1, s. 10; 202/2023, Sch. 2, s. 2.]

22 A well permit holder must establish and maintain hydraulic isolation between all porous zones in a well, except during production from or disposal into zones in which commingled production or disposal is permitted or authorized as described in

section 23. [am. B.C. Reg. 103/2019, s. 10.] 23 (1) A well permit holder must not commingle production or disposal from a well unless commingling is permitted under the well permit or authorized under

section 75 of the Act. (2) A well permit holder respecting a multi-zone well who has permission or authorization for commingled production must, within 30 days of beginning production from a commingled well, submit to the regulator a notification of the commingled well production.

(3) A well permit holder respecting a multi-zone well, who does not have permission for commingled production for more than one pool or zone, must
(a) once every calendar year and immediately after a change of subsurface equipment or the completion of any operation that may have disturbed or exerted an abnormal differential pressure on equipment, conduct segregation tests,
(b) if the tests referred to in paragraph (a) fail, complete repairs without unreasonable delay, and
(c) maintain records of the tests and repairs referred to in paragraphs (a) and (b). [am. B.C. Regs. 103/2019, s. 11; 202/2023, Sch. 2, s. 2.]

24 A well permit holder must submit a notice of operations to the regulator at least one business day before beginning work to do any of the following:
(a) complete or recomplete a well;
(b) perform a workover on a well;
(c) perform remedial work on a well;
(d) install, remove or repair wellbore equipment, including plugs, packers, tubing, casing, artificial lift or subsurface safety valves;
(f) perform maintenance operations on a wellbore. [am. B.C. Regs. 146/2017, App. 1, s. 11; 202/2023, Sch. 2, s. 2.] "active" means
(a) production, injection or disposal of fluids,
(b) drilling or completion operations, and
(c) with respect to a well designated under

section 2 (7), monitoring reservoir pressure or obtaining other formation information;
"inactive", in relation to a well, means a well that has not been abandoned but
(a) has not been active for 12 consecutive months, or
(b) if the well is classified as a special sour well, has not been active for 6 consecutive months. (2) The well permit holder of an inactive well must submit a report to the regulator within 30 days of the suspension of a well. (3) The well permit holder of a suspended well must establish a program of inspections sufficient to ensure the ongoing integrity of the well. (4) The well permit holder of a suspended well must maintain records of the inspections referred to in subsection (3).

(5) The well permit holder of an inactive well, within 60 days of the well becoming inactive, must do both of the following:
(a) suspend the well in a manner that ensures the ongoing integrity of the well;
(b) ensure positive isolation between the well and the flowline by disconnecting the well from the flowline or by other means. [am. B.C. Regs. 241/2012, s. 6; 146/2017, App. 1, s. 12; 103/2019, s. 12; 202/2023, Sch. 2, s. 2.] Part 5 — Abandoning, Plugging and Restoring Wells
26 (0.1) The following persons must comply with the requirements set out in subsection (1):

section 40 (e) of the Act, a permit holder, former permit holder, authorization holder or former authorization holder with respect to a well permit under which a well has been drilled;
(b) for the purposes of plugging a well, a well permit holder.

(1) The requirements for the purposes of subsection (0.1) are as follows:
(a) for cased wells, a notice of operations and a plugging program must be submitted to the regulator at least 7 days before commencement of operations;
(b) the permit holder must plug the well in a manner that ensures
(i) adequate hydraulic isolation is established between porous zones,
(ii) fluids will not leak from the well,
(iii) excessive pressure will not build up within any portion of the well, and
(iv) the long-term integrity of the wellbore is maintained;
(c) an abandonment report, in chronological format, detailing all significant operations, treatments, tests and resulting well behaviour, and including a downhole schematic diagram, must be submitted to the regulator within 30 days of the completion of abandonment operations;
(d) Repealed.

[B.C. Reg. 48/2021, App. 2, s. 2.] (2) For wells drilled to access usable groundwater, an official may exempt, on conditions the official considers advisable, the permit holder from a requirement under subsection (1). [am. B.C. Regs. 241/2012, s. 7; 159/2015, s. 6; 146/2017, App. 1, s. 13; 103/2019, s. 13; 48/2021, App. 2, s. 2; 202/2023, Sch. 2, s. 2.] 28 Immediately after ceasing drilling or workover operations, or as soon after cessation as weather and ground conditions permit, a well permit holder must restore the ground surface of those areas of the well site and associated remote sumps and camp sites that will not be required for future operations to a state that eliminates hazards, enables control of weeds and runoff and prevents erosion.

29 (1) A well permit holder must
(a) unless paragraph (a.1) applies, take a series of drill cuttings samples at depth intervals of 5 m beginning at a point determined by the permit holder to be 50 m measured depth above the shallowest potential reservoir zone expected in the well and continuing to the total depth of the well,
(a.1) for horizontal wells drilled from a common drilling pad location and to be completed in a zone listed in Schedule 2, take drilling cutting samples as follows:
(i) for a minimum of one horizontal well on the pad location, at 5 m intervals beginning at a point determined by the permit holder to be 50 m measured depth above the shallowest potential reservoir zone expected in the well and continuing to the point at which the drilling of the horizontal portion of the well is begun;
(ii) for a minimum of one well on the pad location in each dominant direction of the horizontal portion of the well for each zone listed in Schedule 2, at 10 m intervals beginning at the point at which the drilling of the horizontal portion of the well is begun and continuing to the total depth of the well,
(b) collect, wash, dry, sort and preserve 2 complete sets of drill cuttings samples in vials, arranged in trays of adequate construction,
(c) clearly and accurately label the vials and trays with the name and location of the well and the sample depths represented and, if the well is a multi-leg well, identify the leg from which the cuttings originated, and
(d) deliver 2 sets of the drill cuttings samples, carriage prepaid, to the regulator not later than 14 days after the date of rig release.

(a) as soon as practicable after collecting a core sample, remove the core sample from the core barrel and store it in book fashion in one or more core boxes,
(b) accurately label on the end of the box body, but not the box lid, the well permit number, the well name, the surface location of the well, the core number and interval and the length of the core recovered, and identify the top and bottom of the core on the core box,
(c) protect boxes containing the cores from theft, misplacement or exposure to the weather, and
(d) forward the core to the regulator, carriage prepaid, not later than 14 days after the date of rig release.

(3) A well permit holder must ensure that core boxes are of adequate construction, the sides of the boxes project above the level of the contained cores, lids are securely fixed to ensure safe transit and the boxes have an inside length of 80 cm. (4) When submitting a core that has been slabbed, a well permit holder must ensure that the 1/3 slab is either placed in the core box with the corresponding 2/3 slab, or, with the approval of an official, preserved as a viewing slab and submitted in cardboard boxes of adequate construction. [am. B.C. Regs. 241/2012, s. 8; 146/2017, App. 1, s. 14; 202/2023, Sch. 2, s. 2.] 30 (1) If a well permit holder has submitted core from a well under

section 2 (6) and the well has been designated as a special data well, the well permit holder must complete core analysis of the core without unreasonable delay. (2) Within 30 days after completion of a core analysis, a well permit holder must submit to the regulator a report of the result of the core analysis, including digital core analysis data and photographs, if any. [am. B.C. Regs. 241/2012, s. 9; 202/2023, Sch. 2, s. 2.] 31 (1) A person must ensure that core declared by an official as being representative of a type section is not broken or chipped.

(2) A person must ensure that breakage of core during examination at the core lab is minimized and that core is not destroyed, broken or sampled without approval of an official. (3) With the approval of an official and subject to subsection (4), a person, on payment of the fees set out in

section 19 of the Fee, Levy and Security Regulation, may examine and remove a well core from the core lab for the purpose of laboratory investigations and analysis that cannot be performed at the core lab.

(4) A person who removes a well core from the core lab must
(a) return the core within 90 days,
(b) take every reasonable precaution to prevent damage to or mixing of the core in core boxes,
(c) submit a report, including photographs, if any, of any laboratory analysis conducted on the core to the regulator within 30 days of completing the analysis,
(d) submit any thin sections cut from core to the regulator in adequate boxes labelled with the unique well identifier, well permit number and well name,
(e) label individual thin sections with the well permit number and depth,
(f) test cores in a manner acceptable to an official, and
(g) return the core immediately on the request of an official. (5) Repealed. [B.C. Reg.

8/2014, s. 1 (b).] [am. B.C. Regs. 241/2012, s. 10; 8/2014, s. 1; 146/2017, App. 1, s. 15; 202/2023, Sch. 2, s. 2.]

32 (1) A well permit holder of well being drilled or otherwise worked on must
(a) ensure that a daily drilling report (tour sheet) is kept at the well site,
(b) if a kick occurs during drilling operations, notify the regulator immediately and submit a written kick report to the regulator within one day of the incident,
(c) submit a copy of the daily drilling report (tour sheet) to the regulator within 30 days of rig release,
(d) submit a summary report of drilling operations to the regulator within 4 days of the following:
(ii) drilling operations have ceased with the intention of resuming drilling at a later date, and
(e) maintain all data recorded by the electronic drilling recorder for at least 30 days from the date of rig release.

(2) A daily drilling report (tour sheet) under subsection (1) (a) must set out complete data on all operations performed during the day, including but not limited to the following:
(a) the depth at the beginning and end of each tour;
(b) all casing data, including size, type, grade, weight, whether new or used and the depth at which the casing is set;
(d) a report of any tests made, including blowout prevention system function tests;
(e) full details of all formation tests, unless the details are submitted on a confidential report form provided by the regulator;
(f) details of any loss of drilling fluid into the formation;
(g) the allocation of time to each operation;
(h) the name of the drilling contractor or service company and rig number;
(i) the spud and rig release dates;
(j) details of any casing bowl welding;
(k) the results of all deviation surveys.

[am. B.C. Reg. 202/2023, Sch. 2, s. 2.] 33 (1) A well permit holder must ensure that deviation surveys are made during drilling at intervals not exceeding 150 m in depth, unless there are significant wellbore stability problems, in which case a survey may be omitted. (2) A well permit holder must ensure that a directional survey of a well to total depth is made if
(a) the surface position of the well is nearer to the boundary of its target area than 2% of the measured depth of the well,
(b) the surface position of the well is outside its target area, or
(c) the well is directionally drilled.

(3) A well permit holder must submit to the regulator within 14 days of rig release the results of the directional survey under subsection (2). (4) A permit holder must not drill a well, other than a relief well, so that it intersects with an existing well. [am. B.C. Reg. 202/2023, Sch. 2, s. 2.]

34 (1) Subject to subsections (2) and (2.1), before a well is completed, suspended or abandoned, a well permit holder must ensure that
(a) a gamma ray log is taken from ground level of the well to total depth,
(b) a neutron log is taken from 25 m below ground level to the base of the surface casing, and
(c) a resistivity and porosity log is taken from the base of the surface casing to
(i) the total depth of the well of a vertical pilot hole, if one exists, or
(ii) the lowest point in the vertical portion of one horizontal well beyond which the logging tool cannot be lowered by gravity.

(2) Subsection (1) (b) applies only to wells the drilling of which begins after the date this regulation came into force. (2.1) If more than one well has been drilled or has been permitted to be drilled from a common drilling pad location in an unconventional zone listed in Schedule 2, the logs referred to in subsection (1) must be taken in at least one of the wells and, in the case of the other well or wells,
(a) subsection (1) does not apply, and
(b) a gamma ray log must be taken from the base of the surface casing of each well to the total depth of each well.

(3) Within 30 days after the date on which a log was run, the well permit holder must submit a copy of the log to the regulator. (4) A well permit holder must submit to the regulator
(b) a report containing complete details on fluid recoveries for each drill stem test or wire line test taken on a well
within 30 days of the date on which the test was made.

(5) A well permit holder must submit the following to the regulator within 30 days of analysis completion:
(a) if tests from a well allow good sampling, a report of all analyses made of any oil, gas, hydrocarbon liquid or formation water recovered from each formation;
(b) if performed, a report of all isotopic analyses of mud gas, headspace gas, produced gas, surface casing flow gas, or any other gas associated with a well. (6) On obtaining the data and results of a bottom hole sample analysis or other pressure-volume-temperature analysis, the well permit holder must submit the data and results to the regulator within 30 days of analysis completion.

(6.1) A well permit holder of an exploratory outpost well or an exploratory wildcat well must
(a) capture a minimum of 15 mud gas isotope data samples per 1 000 m interval between the base of the surface casing and either
(i) the total depth in a vertical well, or
(ii) the point where deviation exceeds 80° from the vertical in a horizontal well, and
(b) submit an analysis of the isotope data samples captured under paragraph (a) to the regulator within 30 days of analysis completion. (7) Repealed. [B.C. Reg. 48/2021, App. 2, s. 2.] [am. B.C. Regs. 241/2012, s. 11; 159/2015, s. 7; 174/2018, s. 1; 48/2021, App. 2, s. 2; 202/2023, Sch. 2, s. 2.]

35 (1) Within 14 days after the date of rig release of the drilling rig, a well permit holder must submit to the regulator the final as-drilled survey plan, showing the surface location and bottom hole location of the well and including the following for each:
(a) northing and easting coordinates, determined using the North American Datum of 1983, also known as NAD 83;
(b) north and east offsets to the nearest corner of the spacing unit in which each is located, and identifying the reference corner.

(2) Within 60 days after the date of rig release of the drilling rig, a well permit holder must submit to the regulator a wellsite geology report
(a) for a well or portion of a well classified exploratory outpost or exploratory wildcat, or
(b) regardless of the well classification, if a wellsite geological report has been compiled. [am. B.C. Regs. 103/2019, s. 15; 202/2023, Sch. 2, s. 2.] 36 (1) For each separate completion or workover operation on a well, a well permit holder must submit to the regulator, within 30 days of the end of each completion or workover operation, a report, in chronological format, detailing all significant operations, treatments and resulting well behaviour, and including a downhole schematic diagram.

(2) A report under subsection (1) is not required for maintenance operations, including injection of corrosion inhibitors, scale removal or pressure testing operations. [am. B.C. Regs. 241/2012, s. 12; 146/2017, App. 1, s. 16; 202/2023, Sch. 2, s. 2.]

37 (1) A well permit holder must maintain detailed records of the composition of all fracturing fluids that are used in a well for which the well permit holder is responsible, including, but not limited to
(a) the well authorization number,
(c) an identification of the fluid ingredients and a description of the purpose of each,
(d) an identification of the ingredient concentration in the additive and in the hydraulic fracturing fluid,
(e) the chemical abstract service number of each ingredient,
(f) an identification of the total volume of water injected with the ingredients, and
(g) the trade name and supplier of each ingredient.

(2) A well permit holder must submit to the regulator the records referred to in subsection (1) within 30 days after the completion of the well. [en. B.C. Reg. 249/2011; am. B.C. Reg. 202/2023, Sch. 2, s. 2.] 38 (1) A permit holder must keep, for not less than 72 months, complete, correct and accurate records of quantities of petroleum, natural gas, hydrocarbon liquids or natural gas liquids that are produced, sold, purchased, acquired, stored, transported, refined, processed or marketed by the permit holder. (2) A permit holder must keep, for not less than 72 months, records of supporting information, methodologies and data associated with the records referred to in subsection (1).

(3) The permit holder's accounting methods, practices and record keeping as well as the measurement methods and practices associated with records referred to in subsection (1) must be sufficient to ensure that records of quantities are correct, accurate and complete. (4) The records referred to in subsection (1) must be adequate for production accounting purposes and the assessment of royalties under the Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation. [am. B.C. Reg. 174/2018, s. 2.] Part 7 — Safety, Security and Pollution Prevention
39 (1) In this section, "populated area" means an occupied dwelling, school, picnic ground or other place of public concourse.

(2) A permit holder of a completed well or facility must establish and maintain a system to detect and control leaks as quickly as practicable. (3) A permit holder of a completed well or facility must install and maintain fencing or take other access control measures to prevent unauthorized access to the well or facility if
(a) the boundary of the well or facility is located within 800 m of a populated area, or
(b) a populated area is within the emergency planning zone for the well or facility. (4) If an uncontrolled flow of oil or gas from a completed well, other than a well suspended in accordance with

section 25, could produce a hydrogen sulphide concentration greater than 100 ppm in atmosphere within 50 metres of the well, the permit holder of the well must install and maintain
(a) an automated system to isolate the well in the event of an uncontrolled flow of oil or gas, and
(b) if the well is located within 1 600 m of a populated area, a hydrogen sulphide detection and alarm system that is continuously monitored and is capable of activating the automated system referred to in paragraph (a).

(5) If an uncontrolled flow of oil or gas from a facility could produce a hydrogen sulphide concentration greater than 100 ppm in atmosphere at the facility boundary, the permit holder of the facility must install and maintain
(a) an automated system to isolate the facility in the event of an uncontrolled flow of oil or gas, and
(b) if the facility is located within 1 600 m of a populated area, a hydrogen sulphide detection and alarm system which is continuously monitored and is capable of activating the automated system referred to in paragraph (a).

(6) The permit holder of a completed well must do all of the following if the hydrogen sulphide content of the gas exceeds 5 mole percent or a populated area or a numbered highway is within the emergency planning zone for the well:
(a) for a completed well not produced by artificial lift,
(i) equip the well with 2 master valves,
(ii) install a production packer set as closely above the producing formation as is practicable and fill the annular space between the tubing and production casing with a suitable corrosion inhibiting liquid,
(iii) install wellhead equipment for which the working pressure rating is not less than the bottom hole pressure of the producing formation, but with a minimum rating of 14 000 kPa,
(iv) if a hot oil circulating string is used inside the production casing of a well, install a check valve in the injection line and automatic shutoff valve on the return line,
(v) if a well is equipped with a production packer as required under subparagraph (ii), conduct annual segregation tests and, if the test fails, complete repairs without unreasonable delay, and
(vi) submit within 30 days of completion a record of the tests and repairs referred to in subparagraph (v);
(b) for a flowing well that is located within 800 m of a populated area or within 8 km of a city, town or village and that has the potential to produce more than 30 000 m3 of gas per day, install at least 30 m below the surface a downhole safety valve in the tubing that closes automatically in the event of an uncontrolled flow of oil or gas or a failure in the system which operates the valve;
(c) for an acid gas injection or disposal well, install a downhole safety valve in the tubing that
(i) is at least 30 m below the surface, and
(ii) closes automatically in the event of an uncontrolled flow of oil or gas or a failure in the system that operates the valve.

(7) If a well is equipped with an artificial lift after October 4, 2010, and the hydrogen sulphide content of the gas exceeds 100 ppm, the permit holder must,
(a) if a pumpjack is the method of artificial lift,
(i) install on the stuffing box a device that will
(A) shut down the pumping unit in the event of a stuffing box failure, and
(B) seal off the well in the event of a polish rod failure, and
(ii) install an automatic vibration shutdown system that will safely shut down the pumpjack, or
(b) if paragraph (a) does not apply, maintain a system that will shut down the artificial lift if a leak is detected. (8) Repealed. [B.C. Reg. 103/2019, s. 16 (d).] (9) Repealed. [B.C. Reg.

204/2013, s. 3 (b).] (10) Repealed. [B.C. Reg. 282/2010, s. 39 (11).] [am. B.C. Regs. 241/2012, s. 13; 204/2013, s. 3 (b); 159/2015, s. 8; 146/2017, App. 1, s. 17; 174/2018, s. 3; 103/2019, s. 16.] 40 A permit holder must ensure that operations at a well or facility for which the permit holder is responsible do not cause excessive noise or excessive emanation of light. [am. B.C. Reg. 146/2017, App. 1, s. 18.] 40.1 A person who carries out energy resource activities within an operating area must prepare and maintain an invasive plant compliance record that describes the activities carried out for the purpose of complying with the obligations described in

section 15 of the Environmental Protection and Management Regulation, including all of the following:
(a) the assessment and monitoring activities carried out for the purpose of determining whether invasive plants
(i) are present or established, or may become established, or
(ii) have spread to adjacent areas;
(b) the location, type and distribution of each species of invasive plants found through assessment and monitoring activities;
(c) the activities carried out for the purpose of preventing the following:
(i) the transportation of seed, plant parts or propagules of invasive plants;
(ii) the establishment of invasive plants, including the removal of invasive plants;
(d) the revegetation activities carried out, including the plant species used for revegetation;
(e) the activities carried out for the purpose of ensuring that revegetated plants are successfully established;
(f) with respect to the activities described in this section,
(i) the dates on which the activities were carried out, and
(ii) the processes and equipment used in carrying out the activities;
(g) the qualifications of the persons
(i) carrying out assessment and monitoring activities, and
(ii) supervising the activities described in this section.

[en. B.C. Reg. 145/2023, App. 2, s. 1; am. B.C. Reg. 202/2023, Sch. 2, s. 4.] 41 (1) A permit holder must not vent gas unless the gas heating value, volume or flow rate is insufficient to support stable combustion and
(a) the venting is conducted in a manner that does not constitute a safety hazard,
(b) the venting does not cause off-site odours,
(c) the quantity of vented gas is minimized, and
(d) the duration of venting is minimized.

(1.1) A well permit holder who vents natural gas during a well liquids unloading event must maintain a record of the event including all of the following:
(a) the dates on which the event was carried out;
(b) the location of the venting;
(c) the measures taken to reduce emissions of natural gas;
(d) the volume, in m3, of natural gas vented.

(2) A well permit holder must check each well for evidence of a surface casing vent flow, and submit the results of the check to the regulator,
(a) immediately after initial completion or any recompletion of the well,
(b) within one year of rig release,
(c) as routine maintenance throughout the life of the well,
(d) before suspension of the well,
(e) before abandoning the well, and
(f) before applying for a transfer of the well permit. (2.1) Subsection (2) does not apply to a well permit holder if the requirements in

section 18 (10) are met. (3) On discovery of a surface casing vent flow that presents an immediate safety or environmental hazard, a well permit holder must
(a) immediately take steps to eliminate the hazard,
(b) immediately notify the regulator of the surface casing vent flow, and
(c) submit to the regulator without delay a report respecting the surface casing vent flow and the steps taken under paragraph (a).

(4) On discovery of a surface casing vent flow other than one referred to in subsection (3), a well permit holder must
(a) test the flow rate and buildup pressure of the surface casing vent flow, and
(b) submit a surface casing vent flow report to the regulator within 30 days of the discovery of the surface casing vent flow. (4.01) A well permit holder must ensure that the emissions of natural gas from a surface casing vent flow do not exceed 100 m3 per day.

(4.02) Beginning on January 1, 2026, despite subsection (4.01) and subject to subsection (4.03), if all of the following apply, a well permit holder must ensure emissions of natural gas from a surface casing vent flow do not exceed 3 m3 per day:
(c) the buildup pressure of the surface casing vent does not exceed 1/2 of the formation leak off pressure at the base of the surface casing.

(4.03) Subsection (4.02) does not apply
(a) until 90 days after discovery of the vent flow,
(b) during testing of a vent flow or during a well operation, or
(c) until after initial completion of a well unless a well becomes inactive in accordance with

section 25 prior to initial completion of the well. (4.04) A well permit holder must notify the regulator, in electronic form, at least 7 days before taking action to control the emission of natural gas from a surface casing vent flow referred to in subsection (4.02). (4.05) A notice under subsection (4.04) must
(a) demonstrate how the criteria in subsection (4.02) are met, and
(b) identify the actions taken to control the emission of natural gas from a surface casing vent flow.

(4.1) On discovery of an occurrence of gas migration, a permit holder must
(a) immediately notify the regulator of the gas migration,
(b) evaluate the cause and source of the gas migration and complete a risk assessment of the gas migration, and
(c) submit to the regulator without delay a report respecting the evaluation and risk assessment completed under paragraph (b). (5) Repealed. [B.C. Reg. 286/2018, s. 3.] (6) A permit holder of a well drilled or facility constructed after the date this regulation came into force may use gas containing hydrogen sulphide for pneumatic instrumentation or to provide motive force to pumps only if the gas contains no more than 20 parts per million of hydrogen sulphide. [am. B.C. Regs.

241/2012, s. 14; 242/2012; 159/2015, s. 9; 146/2017, App. 1, s. 19; 103/2019, s. 17; 286/2018, s. 3; 202/2023, Sch. 2, s. 2; 78/2023, Sch. 2, s. 5; 256/2024, App. 1, s. 3.]

"comprehensive survey" means a survey to detect leaks using one or both of the following methods:
(a) an organic vapour analyzer that is
(i) capable of detecting natural gas concentrations of 500 parts per million, and
(ii) operated in accordance with United States Environmental Protection Agency Method 21 — Determination of Volatile Organic Compound Leaks;
(b) a gas imaging camera that is
(i) capable under laboratory conditions of detecting, at a distance of 3 metres, pure methane emitted at a rate of 1 gram per hour, and
(ii) operated by individuals who are competent in the operation of the camera;
"screening survey" means a survey to detect leaks using one or both of the following methods:
(a) a soap solution bubble test;
(b) the senses of hearing, sight and smell;
"water source well" has the same meaning as in

(2) Subject to subsections (7) and (9), a facility permit holder must, each calendar year, carry out at least the following surveys of the facility, including, without limitation, any pneumatic devices at the facility:
(a) the number of comprehensive surveys determined in accordance with subsection (3), if the facility is one of the following:
(iii) a battery, other than a satellite battery;
(v) a natural gas liquid fractionation facility;
(vi) a compressor dehydrator facility;
(b) one comprehensive survey, if the facility is one of the following and is pressurized 91 days or more in the calendar year:
(i) an injection or disposal facility that processes or uses natural gas;
(ii) a tank terminal that processes or uses natural gas;
(iii) a pump station that processes or uses natural gas;
(v) a gas dehydrator facility;
(vi) a gas sales meter facility.

(c) Repealed. [B.C. Reg. 256/2024, App. 1, s. 4 (a) (iii).] (3) The number of comprehensive surveys of a facility referred to in subsection (2) (a) required in a calendar year is the number set out in column 2 of the following table opposite the number of days the facility is pressurized in the calendar year set out in column 1:
(4) The facility permit holder of a facility referred to in subsection (2) must
(a) maintain a record of the number of days that the facility was pressurized in each calendar year, and
(b) submit the record to the regulator by March 31 of the calendar year after the calendar year to which the record relates.

(5) Subject to subsections (7) and (9), the well permit holder of a well, other than a water source well, a water injection well or a water disposal well, that is pressurized 91 days or more in a calendar year must carry out at least the following surveys of the well in the calendar year:
(a) one comprehensive survey, if the well
(ii) is producing from an unconventional zone listed in Schedule 2;
(b) in any other case, one screening survey. (5.1) This subsection and subsection (5) are repealed on December 31, 2029.

(5.2) Beginning on January 1, 2030, a well permit holder of an active well, other than a water source well, a water injection well or a water disposal well, that is pressurized 91 days or more in a calendar year must carry out at least one comprehensive survey of the well per calendar year. (5.3) A well permit holder of an inactive well, other than a water source well, a water injection well or a water disposal well, must carry out at least one screening survey of the well per calendar year.

(6) Subject to subsections (7) and (9), a survey required under this section must be carried out no sooner than the following interval after the previous required survey:
(a) in the case of a facility described in subsection (2) (a), 60 days;
(b) in the case of a facility described in subsection (2) (b) or a well described in subsection (5) (a) or (b), 9 months. (7) A permit holder who carries out a comprehensive survey of a facility under subsection (2) (a) or (b) or a well under subsection (5) (a) must at the same time carry out a comprehensive survey of each other facility and well of the permit holder that is located at the same site.

(7.1) Beginning on January 1, 2030, a permit holder who carries out a comprehensive survey of a well under subsection (5.2) must at the same time carry out a comprehensive survey of each other facility and well of the permit holder that is located at the same site. (8) Repealed. [B.C. Reg. 256/2024, App. 1, s. 4 (h).] (9) A requirement for a permit holder to carry out a screening survey of a well under this section is met if the permit holder carries out a comprehensive survey of the well. (10) If a leak is detected at a facility or well during a comprehensive survey, the permit holder of the facility or well must quantify the leak rate. (11) Repealed. [B.C. Reg. 256/2024, App.

1, s. 4 (k).] (12) A facility permit holder must
(a) repair a leak detected at a facility during a survey required under this section as follows:
(i) if the repair does not require equipment to be shut down, within 30 days of detection;
(ii) if the repair requires equipment to be shut down, as soon as practicable, but no later than the next turnaround for the facility, and
(b) if the leak is repaired more than 30 days after detection, maintain, for at least 2 years from the date of the repair, a record of the reasons for the repair timeline.

(13) A well permit holder must repair a leak detected at a well or a facility associated with a well during a survey required under this section within 30 days of detection. (a) prepare a leak detection and repair report for each survey carried out during a calendar year of a well or facility of the permit holder, and
(b) submit the report to the regulator by March 31 of the calendar year after the calendar year to which the report relates.

(15) A leak detection and repair report must include the following information:
(a) the site identification number provided to the permit holder by the regulator;
(b) if more than one survey of the well or facility per year is required under this section, the survey sequence number;
(c) the number of days the facility or well was pressurized during the calendar year;
(d) the date the survey was carried out;
(e) the name of the company that carried out the survey;
(f) whether the survey was a comprehensive survey or a screening survey;
(g) if the survey was a comprehensive survey, the make and model of the detection instrument used;
(h) the name, job title and business contact information, including email address and telephone number, of the individual primarily responsible for submitting the report;
(i) for each leak detected, the following:
(i) Repealed.

[B.C. Reg. 256/2024, App. 1, s. 4 (n).] (ii) the type of equipment component at which the leak was detected;
(iii) whether the leak was identified in a previous survey and not repaired;
(iv) whether the leak contained hydrogen sulphide;
(v) quantification of the leak rate in m3/hour;
(vi) the method used to quantify the leak rate;
(vii) and (viii) Repealed. [B.C. Reg. 256/2024, App. 1, s. 4 (n).] (ix) if the leak was repaired, the date and method of repair.

(16) A permit holder must maintain, for at least 7 years from the date a leak detection and repair report is submitted, records respecting the information included in the report, including, without limitation, the following:
(a) for each individual who participated in carrying out the survey, a record of the individual's training relating to carrying out surveys under this section;
(b) a record of the repair of each leak;
(c) for each leak that was not repaired within 30 days of detection, a record of the reason for the repair timeline. (17) Beginning on January 1, 2028, a facility permit holder must install a fixed leak monitoring device for the purpose of detecting leaks from hatches and pressure relief devices on a controlled production tank.

(18) A facility permit holder must keep records in respect of a fixed leak monitoring device on a controlled production tank including the following:
(a) a description of the device including thresholds for leak indications;
(b) the date and time of leak detection;
(c) a description of the measures taken to investigate the leak;
(d) a description of when and what actions were taken to address leak indications. (19) A facility permit holder must repair a leak detected at a controlled production tank in accordance with subsection (12).

(20) If within 60 days of repairing a leak at a controlled production tank the facility permit holder detects a reoccurrence of the leak, the facility permit holder must report the reoccurrence of the leak to the regulator within 14 days of detection. [en. B.C. Reg. 286/2018, s. 4; am. B.C. Regs. 78/2023, Sch. 2, s. 6; 256/2024, App. 1, s. 4.] 41.2 (1) A permit holder may apply to the regulator for approval to develop and implement an alternative leak detection and repair program.

(2) A proposed alternative leak detection and repair program must include the following:
(a) a list of the wells and facilities included in the alternative leak detection and repair program;
(b) a description of the proposed leak detection technology including a description of how leaks will be detected, quantified and repaired;
(c) a description of practices to be used to ensure reliable operation of the leak detection technology;
(d) an estimate of the reduction in natural gas emissions to be achieved by the alternative leak detection and repair program compared to leak detection and repair measures referred to in

section 41.1. (3) If an alternative leak detection and repair program is approved under this section, wells and facilities included in the alternative leak detection and repair program are not required to comply with

section 41.1. [en. B.C. Reg. 256/2024, App. 1, s. 5.] 42 (1) A permit holder must ensure that the duration of flaring and the quantity of gas that is flared is minimized. (2) Subject to subsections (3) and (5), a permit holder must not flare gas unless flaring is required for emergency purposes or for drilling operations. (3) A well permit holder may flare gas at a well if
(a) flaring is required for a workover or maintenance and the cumulative quantity of gas flared does not exceed 50 000 m3 in one year, or
(b) permission to flare is included in the well permit. (4) Repealed. [B.C. Reg. 159/2015, s. 10 (b).]

(5) A facility permit holder may flare gas at a facility if
(a) flaring is required for maintenance purposes, or
(b) permission to flare is included in the facility permit. [am. B.C. Regs. 241/2012, s. 15; 159/2015, s. 10.] 43 (1) A permit holder must notify the regulator at least 24 hours before a planned flaring event if the quantity of gas to be flared exceeds 10 000 m3. (2) If an unplanned flaring event occurs and the quantity of flared gas exceeds 10 000 m3, the permit holder must notify the regulator within 24 hours of the flaring event. (3) A permit holder must maintain a log of all flaring that occurs at each facility.

(4) When gas is flared at a well, the permit holder with respect to the well must report the quantity of gas flared to the regulator no later than 20 days after the end of the month in which the flaring occurred. [am. B.C. Regs. 174/2018, s. 4; 202/2023, Sch. 2, s. 2.]

44 (1) A permit holder of a well or facility must ensure all of the following:
(a) that flare stacks are adequately anchored;
(b) that unsupervised flare stacks where flaring may occur are equipped with an adequate auto-ignition system;
(b.1) if the hydrogen sulphide content of the gas to be flared does not exceed one mole percent, that unsupervised flare stacks where continuous flaring will occur are
(i) equipped with a continuous monitoring device that monitors whether a flame is present, or
(ii) inspected at least every 7 days to determine whether a flame is present;
(c) if the hydrogen sulphide content of the gas to be flared exceeds one mole percent, that
(i) unsupervised flare stacks where continuous flaring will occur are equipped with a flame-out detection device with operation shut down capability that provides an immediate alarm to the permit holder, and
(ii) the minimum height of flare stacks is 12 m;
(c.1) that a flare pit is constructed only if the construction is specifically authorized in the well or facility permit;
(d) flare and incinerator systems installed after the date this regulation came into force are designed by and operated within the limits specified by a professional engineer licensed or registered under the Professional Governance Act;
(d.1) flare and incinerator systems installed after January 1, 2025 are designed for a 98% carbon conversion efficiency;
(e) flaring does not result in the emission of black smoke.

(2) A permit holder must maintain records of inspections under subsection (1) (b.1) (ii). [am. B.C. Regs. 159/2015, s. 11; 103/2019, s. 18; 202/2023, Sch. 2, s. 5; 78/2023, Sch. 2, s. 7; 256/2024, App. 1, s. 6.] 45 (1) A well permit holder must ensure that, if engines are located at a wellsite, suitable safeguards are in place and tested to prevent a fire or explosion in the event of a release of flammable liquids or ignitable vapours.

(2) Except where gasoline or liquid fuel is held in fuel tanks actually connected to operating equipment, a well permit holder must not store gasoline or liquid fuel within 25 m of a well, and must ensure that drainage of gasoline or liquid fuel from the places where it is stored is in a direction away from a well location.

(3) If a pressure relieving device is installed on a pressure vessel at a facility, the permit holder must ensure
(a) that the device is connected by suitable piping to a tank if production is in the liquid phase,
(b) that the device is connected to a flare system, if a flare system exists at the facility, or
(c) that a system of controls is installed to ensure safe operation and minimize venting. (4) A person carrying out an energy resource activity must not smoke within 25 m of any well or facility. [am. B.C. Regs. 103/2019, s. 19; 202/2023, Sch. 2, s. 6.]

47 A permit holder must ensure all of the following:
(a) fires and fired equipment are located a safe distance from flammable liquids or potential sources of ignitable vapours so that there is no undue risk of fire or explosion;
(b) all fires for any purpose are safeguarded by sufficient mechanical or other means so that no hazard to surrounding property is created;
(c) flares and incinerators are located at least
(i) a safe distance from any energy resource road or other resource road,
(ii) 80 m from any other public road,
(iii) 100 m from any permanent building, installation or works that is not associated with an energy resource activity, and
(iv) 100 m from any place of public concourse;
(d) all facility piping is arranged and provided with control valves to permit ready shut off of oil or gas in the event of fire at any facility installation;
(e) a separator is not enclosed within the fire wall, dike or ditch surrounding a storage tank installation, unless the installation is equipped with safety equipment designed to prevent fire, explosions or exposure of personnel to hydrogen sulphide or other toxic or poisonous gases;
(f) all vessels and equipment from which ignitable vapours may issue are safely vented to the atmosphere;
(g) explosives of every kind and description are stored only in properly constructed magazines, situated not less than 150 m from any place where any drilling, production or processing operation is being undertaken;
(h) a sufficient area beneath and around the flare stack is free of combustible materials and vegetation.

[am. B.C. Regs. 241/2012, s. 16; 159/2015, s. 12; 202/2023, Sch. 2, ss. 6 and 7.] 48 A permit holder must ensure that any petroleum storage tanks and production equipment for a well or facility for which the permit holder is responsible are located at least
(a) a safe distance from any energy resource road or other resource road,
(b) 80 m from any other public road,
(c) 100 m from any permanent building, installation or works that is not associated with an energy resource activity, and
(d) 100 m from any place of public concourse. [en. B.C. Reg. 159/2015, s. 13; am. B.C. Reg. 202/2023, Sch. 2, ss. 6 and 7.]

49 (1) A permit holder must not bypass or disable safety equipment at a well that is producing, injecting or disposing of fluids, or at a facility, unless
(a) the purpose of the bypass or disablement is to carry out maintenance or commissioning of the well or facility,
(b) the well or facility is continuously monitored,
(c) the permit holder has established and documented work procedures sufficient to ensure that the operation can be conducted safely, and
(d) the operation is conducted in accordance with the procedures referred to in paragraph (c).

(2) Subject to subsection (1), a permit holder must lock or car seal any valve or device that can bypass or disable safety equipment at a well that is producing, injecting or disposing of fluids, or at a facility. [am. B.C. Regs. 241/2012, s. 17; 159/2015, s. 14; 146/2017, App. 1, s. 20; 103/2019, s. 21.] 50 (1) A permit holder must take every reasonable precaution to prevent loss or waste of oil, gas or water in drilling, producing and processing operations, and, in storing, piping or distributing, oil or gas must not be used wastefully or allowed to leak or escape from natural reservoirs, wells, tanks, containers or pipes.

(2) A facility permit holder must ensure that each storage tank or group of tanks at the permit holder's facility has secondary containment in accordance with the current edition of National Fire Protection Association Code 30: Flammable and Combustible Liquids Code, and that any dike or fire wall is maintained in good condition and the area encompassed by it is kept free from grass, weeds or other combustible material. (3) A well permit holder must take every reasonable precaution to protect wells, whether connected to flow lines or not, against damage or interference from unauthorized persons or activities.

51 (1) A well permit holder must ensure that formation water, oil, drilling fluid, completion fluid, waste, chemical substances or refuse from a well, tank or other facility do not do any of the following:
(a) create a hazard to public health or safety;
(b) run into or contaminate any water supply well, usable aquifer or water body or remain in a place from which it might contaminate any water supply well, usable aquifer or water body;
(c) run over, pollute or damage any land or public road;
(d) pass into or, on ice, over any water body that is frequented by fish or wildlife or that flows into any such water body.

(2) A well permit holder who deposits into an earthen pit drilling fluids that may be harmful to domestic livestock or big game must maintain the pit so as to prevent, in a manner satisfactory to an official, domestic livestock or big game from ingesting the fluids.

(3) A well permit holder who uses an earthen pit to store liquid waste from a well drilling operation must ensure that the pit is
(a) not located within 100 m of the natural boundary of a water body,
(b) not located within 200 m of a water supply well,
(c) constructed of clay or other suitable impermeable material with the bottom of the pit above ground water level,
(d) located or ditched so that it will not collect natural run-off water,
(e) filled to not more than one metre below the point of overflow at any given time, and
(f) completely emptied and any excavation filled without unreasonable delay.

(4) Within 90 days of completing a drilling waste disposal, a well permit holder must submit to the regulator a report of the drilling waste disposal. (5) A well permit holder who uses an earthen pit to store water-based fluids that have a concentration of total dissolved solids greater than 4 000 ppm must
(a) obtain a facility permit that authorizes the earthen pit, and
(b) ensure that the earthen pit is designed by and installed under the supervision of a professional engineer licensed or registered under the Professional Governance Act.

(6) A well permit holder who uses an above ground structure with a liner as the primary means of containment to store water-based fluids with a concentration of total dissolved solids greater than 4 000 ppm must ensure that
(a) the fluids have been generated from or are being stored for the purpose of hydraulic fracturing operations,
(b) the structure is not located within 100 m of the natural boundary of a water body unless the structure is on a permitted well location,
(c) the capacity of each structure is not greater than 6 600 m3,
(d) before the structure is used, a qualified professional verifies that contained fluids will not migrate beyond the lease boundary in the event of a complete containment failure,
(e) the regulator is satisfied that the retaining walls of the structure are capable of withstanding the hydraulic pressure of the contents at full capacity,
(f) the installation of the liner system is completed to the satisfaction of the regulator,
(g) the ground surface has been prepared to the satisfaction of the regulator,
(h) the structure is filled to not more than 50 cm below the point of overflow at any given time,
(i) the structure is equipped with measures to prevent waterfowl from coming in contact with the fluids,
(j) when the structure contains fluid, it is inspected daily for leaks and a record of inspection is maintained until the site is decommissioned,
(k) any sign of leakage is reported to the regulator within 24 hours of discovery, and
(l) the structure is decommissioned and removed from the site within one year from the date of first use unless there exists an engineered, lined or otherwise impermeable secondary containment system designed and maintained to be capable of holding a minimum of 110% of the fluid in the structure.

[am. B.C. Regs. 159/2015, s. 15; 146/2017, App. 1, s. 21; 103/2019, s. 22; 202/2023, Sch. 2, ss. 2 and 5.] 52 (1) An official may seal or cause to be sealed any or all valves or meters installed at a well or on any pipeline, tank or other receptacle used for the storage or transportation of oil or other fluid produced or withdrawn from the well, and may remove or authorize the removal of such seals. (2) An official must notify the permit holder, orally or in writing, of the affixing of a seal under subsection (1) and of the reasons for taking that action.

(3) If notice under subsection (2) is given orally, an official, within 48 hours, must provide in writing the notice referred to in subsection (2). (4) A permit holder must not remove or tamper with any seal affixed under subsection (1). (5) Despite subsection (4), a permit holder may remove a seal affixed under subsection (1)
(a) in case of emergency, in which case the person must notify the regulator of the removal without delay, or
(b) if the permit holder has not received notice as required under subsections (2) and (3). [am. B.C. Reg. 202/2023, Sch. 2, s. 2.] Division 2 — Natural Gas Emissions
52.011 In this Division, "modification", in relation to an existing facility, means the addition of major process equipment to the facility. [en.

B.C. Reg. 256/2024, App. 1, s. 7.] 52.02 (1) A facility permit holder of a facility that uses hydrocarbon gas conservation equipment must ensure that
(a) the equipment is operated at least 95% of the time that the facility is in operation,
(b) the equipment recovers at least 95% of the natural gas routed through the equipment, and
(c) the natural gas recovered by the equipment is used for a purpose other than to dispose of that gas as waste.

(2) A facility permit holder of a facility that uses hydrocarbon gas conservation equipment must maintain a record of the following for each piece of hydrocarbon gas conservation equipment:
(a) the periods of time when the equipment is in operation;
(b) the periods of time when the equipment is not in operation;
(c) the following information for each calendar month:
(i) the volume of natural gas routed though the equipment;
(ii) the volume of natural gas recovered by the equipment. [en. B.C. Reg. 286/2018, s. 5 (b); am. B.C. Reg. 78/2023, Sch. 2, s. 9.]

52.021 (1) A facility permit holder may vent natural gas at a facility if an assessment demonstrates that elimination of venting is not practicable due to one or more of the following:
(a) the impairment of the safe operation of the facility;
(b) the impairment of the reliable operation of the facility;
(c) the economic feasibility is unattainable based on a net present value calculation that considers capital and operating costs, provincial price of carbon emission and total emission reduction achieved.

(2) Despite subsection (1), a facility permit holder may vent natural gas for one or more of the following:
(b) carrying out operations at a facility that operates 60 days or less per calendar year;
(3) The assessment referred to in subsection (1) must be signed and sealed by a professional engineer licensed or registered under the Professional Governance Act. (4) The facility permit holder must keep a detailed record to demonstrate how each criteria in subsection (1) was assessed. (5) The facility permit holder must keep records referred to in subsection (4) until the facility is removed. [en. B.C. Reg. 256/2024, App. 1, s. 7.]

52.03 (1) Subject to subsection (2) or (3), a facility permit holder must not vent natural gas from an uncontrolled production tank at a facility unless it is permitted under

section 52.021. (2) Subsection (1) does not apply to a facility that began operations before January 1, 2022 if
(a) the emissions of natural gas from all uncontrolled production tanks at the facility are less than 9 000 m3 per month, and
(b) the facility permit holder has not made a modification to the facility on or after January 1, 2028.

(3) Subsection (1) does not apply to a facility that began operations on or after January 1, 2022 if
(a) the emissions of natural gas from all uncontrolled production tanks at the facility are less than 1 250 m3 per month,
(b) the facility permit application was made before January 1, 2025, and
(c) the facility permit holder has not made a modification to the facility on or after January 1, 2028. (4) This subsection and subsections (2) and (3) are repealed on January 1, 2035.

(5) The facility permit holder must maintain
(a) a record of the volume, in m3, of natural gas emitted from the uncontrolled production tank in each calendar month, and
(b) all records of equipment and methods used to quantify the volume of natural gas reported. (6) The facility permit holder must submit the records referred to in subsection (5) (a) to the regulator by March 31 of each year. (7) A facility permit holder must maintain the records submitted under subsection (5) for a period of 7 years after submission. [en. B.C. Reg. 256/2024, App. 1, s. 8.]

"average vent gas rate", in relation to a fleet of reciprocating compressors, means the rate calculated in accordance with the following formula:
"fleet of reciprocating compressors", in relation to a facility permit holder, means all of the following reciprocating compressors used at facilities of the facility permit holder, whether or not under the same permit:
(a) reciprocating compressors that
(i) are rated at 75 kW or more,
(ii) are pressurized for 450 hours or more per year, and
(iii) were installed before January 1, 2021;
(b) reciprocating compressors that
(ii) are rated at 75 kW or more,
(iii) are pressurized for 450 hours or more per year, and
(iv) were installed on or after January 1, 2021.

(2) Subject to subsection (2.1), a facility permit holder of a facility that uses a reciprocating compressor described in paragraph (a) or (b) in the definition of "fleet of reciprocating compressors" in subsection (1) or a centrifugal compressor described in subsection (8) must, at least once each calendar year, measure the volume of natural gas emitted from each compressor seal during a 15-minute period that is representative of the normal operating conditions of the compressor. (2.1) Subsection (2) does not apply to reciprocating compressors or centrifugal compressors if emissions of natural gas from the compressor seals
(a) are routed to hydrocarbon gas conservation equipment, or
(b) subject to sections 42 to 44, are flared.

(3) A facility permit holder of a facility that uses a reciprocating compressor described in subsection (4) or (4.1) must not vent natural gas from the compressor seals of the reciprocating compressor unless it is permitted under

section 52.021. (4) Subsection (3) applies in relation to a reciprocating compressor that
(b) is rated at 75 kW or more,
(c) is pressurized for 450 hours or more per year, and
(d) was installed on or after January 1, 2021. (4.1) Subsection (3) applies to a reciprocating compressor at a facility if the facility permit holder
(a) applied for a facility permit on or after January 1, 2025, or
(b) made a modification to the facility after January 1, 2028.

(5) A facility permit holder who uses a fleet of reciprocating compressors must ensure that
(a) the venting of seal gas from each throw does not exceed 3 m3 per hour, and
(b) the average vent gas rate for the fleet for each calendar year does not exceed 0.3 m3 per hour per throw. (6) A facility permit holder who uses a fleet of reciprocating compressors must
(a) maintain a record of the average vent gas rate for the fleet for each calendar year, and

(7) A facility permit holder who uses a fleet of reciprocating compressors must maintain, for at least 7 years from the date a record is submitted under subsection (6) (b), records of the following information for each reciprocating compressor within the fleet:
(a) the facility identification number provided to the permit holder by the regulator;
(b) a unique compressor identifier;
(c) the compressor power rating, in kW;
(d) the date the compressor was installed;
(f) the number of hours the compressor was pressurized;
(g) the date each compressor seal was tested;
(h) the equipment used for each compressor seal test;
(i) equipment calibration records for the equipment used;
(j) the date each compressor seal was installed;
(k) the results of each compressor seal test by volume, in m3, of natural gas emissions.

(8) A facility permit holder of a facility that uses a centrifugal compressor that is rated at 75 kw or more and is pressurized for 450 hours or more per year must ensure that the vent gas rate for the compressor is lower than the following:
(a) if the compressor was installed before January 1, 2021, 10.20 m3 per hour per compressor body;
(b) if the compressor was installed on or after January 1, 2021, 3.40 m3 per hour per compressor body. (8.1) A facility permit holder of a facility to which this subsection applies must not vent natural gas from the seals of a centrifugal compressor unless it is permitted under

section 52.021. (8.2) Subsection (8.1) applies to a facility if the facility permit holder
(b) made a modification to the facility after January 1, 2028. (9) A facility permit holder of a facility that uses a centrifugal compressor described in subsection (8) must
(a) prepare a compressor seal test report for the compressor each calendar year, and

(10) A compressor seal test report under subsection (9) must include the following information:
(c) the number of compressor bodies;
(d) whether each seal type is wet or dry;
(e) the results of each compressor seal test by volume, in m3, of natural gas emissions.

(11) A facility permit holder of a facility that uses a centrifugal compressor described in subsection (8) must maintain, for at least 7 years from the date a compressor seal test report is submitted under subsection (9) (b), records respecting the information included in the report, including, without limitation, the following:
(a) the date each compressor seal was tested;
(b) the equipment used for each compressor seal test;
(c) equipment calibration records for the equipment used;
(d) the date each compressor seal was installed. (12) This subsection and subsections (1) to (11) are repealed on December 31, 2034.

(13) Beginning on January 1, 2035, a facility permit holder must not vent natural gas from the compressor seals of a reciprocating compressor or the compressor seals of a centrifugal compressor unless it is permitted under

section 52.021. [en. B.C. Reg. 78/2023, Sch. 2, s. 11; am. B.C. Reg. 256/2024, App. 1, s. 9.] "large compressor station" means a compressor station at which the total power of all compressors is 3 MW or greater;
"pneumatic device" does not include a pneumatic pump, a pneumatic compressor starter or an emergency shutdown device. (2) A facility permit holder of a facility that began operations on or after January 1, 2021 must not use at the facility a pneumatic device that emits natural gas. (3) A facility permit holder of a gas processing plant, or a large compressor station, that began operations before January 1, 2021 must not use at the facility a pneumatic device that emits natural gas.

(4) A facility permit holder of a facility that began operations before January 1, 2021, other than a gas processing plant or a large compressor station, must not use at the facility a pneumatic device that vents natural gas unless the emissions of natural gas from the device do not exceed 0.17 m3 per hour. (4.1) Beginning on January 1, 2028, a facility permit holder referred to in subsection (4) who makes a modification to a facility must not use at the facility a pneumatic device that vents natural gas unless it is permitted under

section 52.021. (4.2) Subsection (4.1) does not apply to well facilities. (4.3) This subsection and subsections (4) to (4.2) are repealed on December 31, 2034. (4.4) Beginning on January 1, 2035, a facility permit holder of a facility must not use at the facility a pneumatic device that vents natural gas unless it is permitted under

section 52.021. (5) A facility permit holder of a facility that uses a pneumatic device that emits natural gas must maintain a record of the following:
(a) a description of the device;
(b) the purposes and operational settings of the device;
(c) whether the device is being used;
(d) the volume of natural gas emitted from the device in each calendar month. (6) Repealed. [B.C. Reg. 78/2023, Sch. 2, s. 12 (d).] (7)-(9) Repealed. [B.C. Reg. 256/2024, App. 1, s. 10 (d).] (10) This section does not apply in relation to a pneumatic device that uses propane. [en. B.C. Reg. 286/2018, s. 5 (b); am. B.C. Regs. 202/2023, Sch. 2, s. 5; 78/2023, Sch. 2, s. 12; 256/2024, App. 1, s. 10.]

52.06 (1) A facility permit holder of a facility must not use at the facility a pneumatic pump that emits natural gas unless the pump
(a) was installed before January 1, 2021, or
(b) is operated 750 hours or less per year. (2) A facility permit holder of a facility that uses a pneumatic pump that emits natural gas must maintain a record that contains
(a) a description of the pump and the type of fluid pumped, and
(b) the following information for each calendar month:
(i) the number of hours the pump is operated;
(ii) the volume of natural gas emitted from the pump. (3) This section does not apply in relation to a pneumatic pump that uses propane.

(4) A facility permit holder must not use a pneumatic pump that vents natural gas at a facility unless it is permitted under

section 52.021. (5) Subsection (4) applies to a facility if the facility permit holder
(b) made a modification to the facility, other than a well facility, after January 1, 2028. (6) This subsection and subsections (1), (2), (4) and (5) are repealed on December 31, 2034. (7) Beginning on January 1, 2035, a facility permit holder of a facility that includes a pneumatic pump must not vent natural gas unless it is permitted under

section 52.021. [en. B.C. Reg. 286/2018, s. 5 (b); am. B.C. Regs. 78/2023, Sch. 2, s. 13; 256/2024, App. 1, s. 11.] 52.061 (1) In this section, "pneumatic devices and pneumatic pumps fleet", in relation to a permit holder means all of the pneumatic devices and pneumatic pumps used at facilities of the permit holder whether or not under the same permit. (2) Beginning on January 1, 2030, a permit holder that uses a pneumatic device or pneumatic pump at a facility must ensure that the emissions of methane from the permit holder's pneumatic devices and pneumatic pumps fleet do not exceed the annual methane emissions threshold calculated in accordance with subsection (3).

(3) Subject to subsection (4), the annual methane emissions threshold is calculated in accordance with the following formula, rounded to the nearest whole number:
(4) The number of wells or batteries referred to in subsection (3) are wells or batteries reported as active in the 2021 calendar year. (5) The permit holder must maintain records in respect of the information used to make the calculation under subsection (3) until January 1, 2035. (6) The permit holder must submit to the regulator a report stating the total volume in tonnes of emissions of methane from the pneumatic devices and pneumatic pumps fleet by March 31 of each year. (7) This section is repealed on December 31, 2034. [en. B.C. Reg. 256/2024, App. 1, s. 12.]

52.07 (1) A facility permit holder of a facility that uses a pneumatic compressor starter must ensure that the emissions of natural gas from the compressor starter are
(a) routed to hydrocarbon gas conservation equipment, if the facility includes hydrocarbon gas conservation equipment to which the emissions can be routed, or
(b) flared in accordance with sections 42 to 44, if the facility includes a flaring system to which the compressor starter can be connected.

(2) A facility permit holder of a facility that uses a pneumatic compressor starter that cannot be routed or flared as set out in subsection (1) must maintain a record that contains
(a) a description of the compressor starter, and
(i) the volume of natural gas used in start attempts;
(ii) the number of hours the compressor starter is operated;
(iii) the volume of natural gas emitted from the compressor. [en. B.C. Reg. 286/2018, s. 5 (b); am. B.C. Reg. 78/2023, Sch. 2, s. 14.]

"Dehydrator Engineering and Operations Sheet" means a form that demonstrates the optimized glycol circulation rate for the dehydrator with recorded normal operating conditions, control technology and equipment;
"glycol dehydrators fleet", in relation to a facility permit holder, means all glycol dehydrators used at facilities of the permit holder, whether or not under the same permit, but does not include glycol dehydrators at a facility referred to in subsection (7). (1) and (2) Repealed. [B.C. Reg. 256/2024, App. 1, s. 13 (b).]

(3) A facility permit holder of a facility that uses a glycol dehydrator must
(a) maintain a record of the volume of natural gas emitted from the dehydrator in each calendar year,
(b) submit the record referred to in paragraph (a) to the regulator by March 31 of the calendar year after the calendar year to which the record relates, and
(c) complete a Dehydrator Engineering and Operations Sheet for each glycol dehydrator at a facility. (4) A Dehydrator Engineering and Operations Sheet referred to in subsection (3) must be
(a) available at the location of the glycol dehydrator,
(b) revised once per calendar year or upon a change in the operation status of the glycol dehydrator, and
(c) in the form and manner specified by the regulator.

(5) Subject to subsection (6), beginning on January 1, 2025, a facility permit holder of a facility that uses a glycol dehydrator must not vent natural gas from the glycol dehydrator unless it is permitted under

section 52.021. (6) A facility permit holder of a facility must ensure that the average emissions of natural gas from a glycol dehydrators fleet does not exceed 25 tonnes per dehydrator per year. (7) Subsection (5) applies to a facility where a facility permit holder
(b) made a modification to the facility on or after January 1, 2028. (8) This subsection, the definition of "glycol dehydrators fleet" in subsection (0.1) and subsections (5) to (7) are repealed on December 31, 2034. (9) Beginning on January 1, 2035, a facility permit holder of a facility that uses a glycol dehydrator must not vent natural gas from the glycol dehydrator unless it is permitted under

section 52.021. [en. B.C. Reg. 286/2018, s. 5 (b); am. B.C. Regs. 202/2023, Sch. 2, s. 2; 78/2023, Sch. 2, s. 15; 256/2024, App. 1, s. 13.] 52.09 A facility permit holder of a facility must ensure that pipes and hatches at the facility are closed whenever an operation does not require them to be open. [en. B.C. Reg. 286/2018, s. 5 (b); am. B.C. Reg. 78/2023, Sch. 2, s. 16.] 52.10 A facility permit holder of a facility must ensure that sampling and pressure relief systems at the facility are installed and operated so that emissions of natural gas are minimized. [en. B.C. Reg. 286/2018, s. 5 (b); am. B.C. Reg. 78/2023, Sch. 2, s. 16.]

52.12 A permit holder of a facility or well must ensure that the equipment and methods used to measure emissions at the facility or well are sufficient to measure
(a) the actual volumes and rates of emissions referred to in this Division, other than in

section 52.04 (7) (k) and (10) (e), and
(b) the volume of emissions referred to in

section 52.04 (7) (k) and (10) (e) to within 10% of the actual volume. [en. B.C. Reg. 286/2018, s. 5 (b); am. B.C. Reg. 78/2023, Sch. 2, s. 18.] Division 3 — Records and Reports
52.13 The following records and reports under this Part are prescribed for the purposes of

section 38 (1) (a) of the Act:
(a) a record or report required to be submitted or maintained under

(a.1) a record or report required to be submitted or maintained under

section 44 (2);
(c) a record or report required to be submitted or maintained under Division 2 of Part 7. [en. B.C. Reg. 78/2023, Sch. 2, s. 19; am. B.C. Reg. 256/2024, App. 1, s. 14.]

Part 8 — Production Operations
53 A permit holder must ensure all of the following:
(a) that the measurement equipment for each well, facility or gathering system for which the permit holder is responsible are sufficient to determine the actual production of each product from
(ii) each product stream used for reporting purposes at a facility, and
(iii) any fluid injection or pressure measurement required by this Part;
(b) that the equipment and methods associated with the measurement of fluids are adequate for
(i) the management of wells, pipelines, facilities and reservoirs,
(ii) the quantification of waste discharges,
(iii) production accounting purposes, and
(iv) the assessment of royalties under the Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation;
(c) if quantities of energy resources or carbon dioxide are not metered due to the failure of a meter, chart recorder or quantity device, that an engineering estimate of all un-metered production from the well or facility is included in the quantity computation for the reporting period for the meter, chart recorder or other quantity device;
(d) if a quantity error is apparent or discovered, that the quantity error and the source of the quantity error are rectified immediately and a report of the corrected quantity for the period during which the quantity was incorrect is submitted by the next reporting cycle;
(e) if energy resources, carbon dioxide or water are produced from or injected into a well or facility, that
(i) the meter is maintained in good operating condition, and
(ii) the meter is suitably safeguarded from weather and from interference by unauthorized persons;
(f) if energy resources, carbon dioxide or water are produced from or injected into a well or facility and there is a bypass around a meter, that valves are installed that, when closed, will effectively stop all flow through the bypass;
(g) if energy resources, carbon dioxide or water are produced from or injected into a well or facility and a bypass around a meter is opened or if, for any other reason, the full production stream does not reach the meter, that a suitable entry is made on the meter chart or on the recordkeeping notations in the electronic flow measurement (EFM) system.

[am. B.C. Regs. 159/2015, s. 16; 146/2017, App. 1, s. 22; 202/2023, Sch. 2, s. 8.] 54 (1) In this section, "well depth" means the true vertical depth, in metres, of the lowest producing perforation or open hole section in a zone. (1.1) This section does not apply to production from wells in unconventional zones listed in Schedule 2. (2) The UDOA for an oil well, expressed in m3/day and rounded to one decimal place, is
(a) 10.0, if the well depth is less than 1 000 metres,
(b) the well depth of the well divided by 100, if the well depth is equal to or greater than 1 000 metres,
(c) as specified in the well permit, or
(d) as specified by an official.

section 75 of the Act and have been assigned a project UDOA, the project UDOA may be applied to the entire project area as though it were a single well.

(4) The gas-oil ratio adjustment factor for the purposes of subsection (6) is the factor calculated in accordance with the following formula, rounded to the second decimal place:
(5) A calculation under subsection (4) must be made in accordance with the following:
(a) the data used to make the calculation must be obtained from the last calendar month during which the oil well produced;
(b) for a gas reinjection project, the net calculated gas-oil ratio must be calculated using the net produced gas;
(c) the average separator pressure is
(i) for a single well, the average separator pressure for the month,
(ii) if stage separation is used, the average separator pressure of the lowest pressure stage for the month,
(iii) if a project UDOA has been designated for a group of wells, the average separator pressure for the month for the group of wells, weighted by the volume of oil produced, and
(iv) 400 kPa if no separator pressure is reported.

(6) The DOA of an oil well or a group of oil wells that have been designated a project UDOA under

section 75 of the Act is:
[am. B.C. Regs. 241/2012, s. 18; 146/2017, App. 1, s. 23.] 55 (1) Subject to

section 49.1 (1) (c) of the Act and subsection (2) of this section, the permit holder of
(b) a group of oil wells that have been designated a project UDOA under

section 75 of the Act
must ensure that oil production from the well or group of wells in any one day does not exceed the daily production limit. (2) Subsection (1) does not apply to wells completed in unconventional zones listed in Schedule 2. [am. B.C. Reg. 146/2017, App. 1, s. 24.] 56 (1) During the test period for an oil well, the test period allowable is
(2) Subsection (1) does not apply to a well subject to
(a) a designation under

section 75 of the Act, or
(b) a well completed in an unconventional zone listed in Schedule 2. [am. B.C. Reg. 146/2017, App. 1, s. 25.] 56.1 A permit holder must submit to the regulator, within 60 days of initial oil production, a detailed report of
(a) any oil well flow test for which temporary flow testing equipment is used to measure pressures and rates of each fluid, and
(b) any cleanup flow that results in oil coming to the surface. [en. B.C. Reg. 146/2017, App. 1, s. 26; am. B.C. Regs. 103/2019, s. 23; 202/2023, Sch. 2, s. 2.] 57 (1) If, during calibration of a meter, a permit holder finds that a consistent meter factor is unattainable, the permit holder must take corrective action without delay.

(2) A permit holder must maintain a record of the calibration of the oil meter installation. 58 (1) A permit holder must conduct at least 2 production quantity tests per month on each oil well whose production quantity is delivered to a proration battery. (2) A production quantity test referred to in subsection (1) must
(a) measure the quantities of petroleum, water and natural gas produced,
(b) be at least 22 hours in duration,
(c) be adequately spaced throughout the month, and
(d) allow sufficient purge time before the test to ensure that liquids from a previous quantity test are replaced by the fluids from the new well to be tested.

(3) A permit holder must keep records of production quantity tests conducted, and the records must include the following, as applicable:
(b) duration of the quantity test in hours;
(c) opening and closing meter readings;
(e) percent of basic sediment and water;
(f) quantities of petroleum, water and natural gas produced during the quantity test;
(g) average separator pressure over the time duration of the quantity test;
(4) To calculate the monthly estimated oil well quantity production that is to be reported for each oil well producing to a proration battery, a permit holder must use the test-to-test method of calculation. 59 (1) A well permit holder must determine the overproduction or underproduction of each of the permit holder's wells at the end of every month.

(2) A permit holder must ensure that
(a) the production target at the end of the month and the overproduction or underproduction at the beginning of the month for each producing oil well or group of oil wells for which the permit holder is responsible is calculated each month, and
(b) a production allowable report is submitted to the regulator in time to be received on or before the 16th day of the month. (3) Subsections (1) and (2) do not apply to production from unconventional zones listed in Schedule 2. [am. B.C. Regs. 146/2017, App. 1, s. 27; 202/2023, Sch. 2, s. 2.]

60 (1) A permit holder may make up underproduction at any time within a production period at a rate not exceeding the daily production limit. (2) A permit holder may not carry forward underproduction to the following production period. (3) Subsections (1) and (2) do not apply to production from wells in unconventional zones listed in Schedule 2. [am. B.C. Reg. 146/2017, App. 1, s. 28.] 61 (1) If overproduction at the beginning of any month exceeds the monthly oil allowable, adjusted for any penalties, for that month, the permit holder must shut in the oil well on or before the 16th day of the month, and must keep it shut in until the overproduction is completely retired.

(2) If overproduction at the end of a production period is greater than 25% of the monthly oil allowable for October, adjusted for any penalties, the permit holder must carry the overproduction forward and must shut in the well on or before November 16 and must keep it shut in until the overproduction is completely retired. (3) If a permit holder shuts in a well in accordance with this section, the regulator must be notified in writing of the date on which the well is shut in, and the number of days calculated for the shut in period based on the daily oil allowable. (4) Subsections (1) to (3) do not apply to production from wells in unconventional zones listed in Schedule 2. [am. B.C. Regs. 146/2017, App.

1, s. 29; 202/2023, Sch. 2, s. 2.] 62 (1) Subject to subsection (3), a well permit holder must take representative oil and hydrocarbon liquid samples from each producing formation from a well within 30 days of the initial production date. (2) A well permit holder must submit to the regulator a report of the component analyses and physical properties of the oil and hydrocarbon liquids within 60 days of
(a) the sampling referred to in subsection (1), and
(b) any other oil sampling and analysis performed on the well.

(3) This section applies to hydrocarbon liquids only if the hydrocarbon liquids are produced from
(a) a zone listed in Schedule 2 and have a specific gravity greater than 0.8063, or
(b) a zone not listed in Schedule 2 and have a specific gravity greater than 0.7796. [en. B.C. Reg. 103/2019, s. 24; am. B.C. Reg. 202/2023, Sch. 2, s. 2.] 63 (1) Subject to subsection (3), before 6 months have elapsed after a permit holder has first placed a gas well on production, the permit holder must flow test the well and determine the absolute open flow potential if
(a) the well is producing from a pool with suspected water drive, or
(b) the well is classified as an exploratory outpost well or exploratory wildcat well.

(2) A permit holder must submit to the regulator, within 60 days of the date on which the operation concluded, a detailed report of
(a) any gas well flow test for which temporary flow testing equipment is used to measure pressures and rates of each fluid,
(b) any cleanup flow that results in burnable gas to the surface, and
(c) any underbalanced drilling that results in burnable gas to the surface. (3) Subsection (1) does not apply with respect to a well completed in an unconventional zone listed in Schedule 2. [am. B.C. Regs. 241/2012, s. 19; 146/2017, App. 1, s. 31; 202/2023, Sch. 2, s. 2.]

64 (1) A measurement of a volume of gas required by the Act or this regulation must be computed as the number of cubic metres it would occupy at standard conditions of 101.325 kPa and 15°C. (2) A well permit holder must make provision to allow for proving taps to be used in conjunction with wet meter testing of gas wells. 65 (1) In this section, "retrograde condensate" means any hydrocarbon fluid which exhibits an increased liquid volume fraction at pressures below the dew point, yet will also begin to significantly revapourize on some further reduction of pressure.

(2) A permit holder may not produce from any of the following types of gas wells unless a DGA for the well has been established by the permit holder's permit or by a designation made under

section 75 of the Act:
(a) a producing well under a special project for concurrent production designated under

section 75 of the Act;
(b) a producing well from a retrograde condensate reservoir;
(c) a producing well from a pool with suspected water drive;
(d) a gas well to which an off-target penalty factor applies as set out in

section 7 (3) of this regulation. (3) For gas wells that are part of a special project designated under

section 75 of the Act and that have been assigned a project DGA, the DGA may be applied to the entire project area as though it were a single well. (4) Subject to

section 49.1 (1) (c) of the Act, if a DGA has been established for a well by permit or a designation under section 75 of the Act, the well permit holder must ensure that natural gas production from the well
(a) does not in any one day exceed the daily production limit, and
(b) does not exceed the daily gas allowable multiplied by the number of days in the production period, or multiplied by the number of days from the date of initial production to the end of the production period. (5) A permit holder must not produce from a gas well that is in a gas cap. [am. B.C. Reg. 159/2015, s. 17.]

66 (1) A permit holder must determine the accumulated overproduction for the period November 1 to October 31 for each gas well or group of wells and, during the subsequent 3 months, the permit holder must ensure that the production rate is adjusted so that all accumulated overproduction is retired by January 31. (2) A permit holder must submit to the regulator a report of any accumulated overproduction for the period November 1 to October 31, and the submission must be made in time for it to be received on or before December 16 for each gas well or special project under

section 75 of the Act. [am. B.C. Reg. 202/2023, Sch. 2, s. 2.] 67 (1) Subject to subsection (3), a well permit holder must take representative natural gas and hydrocarbon liquid samples from each producing formation from a well within 30 days of the initial production date. (2) A well permit holder must submit to the regulator a report of the component analyses and physical properties of the natural gas and hydrocarbon liquids within 60 days of
(b) any other natural gas sampling and analysis performed on the well.

(3) This section applies to hydrocarbon liquids only if produced from
(a) a zone listed in Schedule 2 and have a specific gravity of 0.8063 or less, or
(b) a zone not listed in Schedule 2 and have a specific gravity of 0.7796 or less. [en. B.C. Reg. 103/2019, s. 25; am. B.C. Reg. 202/2023, Sch. 2, s. 2.] 68 (1) A measurement of a quantity of water required by the Act or this regulation must be computed as the number of cubic metres it would occupy at standard conditions of 15°C. (2) A permit holder must meter the quantity and rate of water produced from the permit holder's water source well.

69 (1) If the water production from a permit holder's oil well is 100 m3/1 000 m3 or more of the total liquid production and no test treater facilities are available, the permit holder must ensure that the water content of the oil is determined by
(a) continuous proportional sampling of the produced liquids and accurate analysis of the sample, or
(2) If the water production from a permit holder's oil well is less than 100 m3/1 000 m3 of the total liquid production and no test treater facilities are available, the permit holder must ensure that the water content of the oil is determined by centrifuging 2 samples taken at reasonable intervals during each test and averaging the results or by methods described in subsection (1).

(3) If the total water production at a permit holder's oil well or battery exceeds 50 m3 per month and the water content exceeds 5 m3/1 000 m3 of the total liquid production, the permit holder must ensure that the water is separated from the oil and accurately gauged or metered at the well, the battery or a central treating facility. (4) If the total water production from a permit holder's multi-well battery is less than 50 m3 per month, the permit holder must ensure that water production is determined by totalling the calculated water production for each well based on its individual test rate.

(5) If the total water production from a permit holder's oil well not grouped with others in a battery is less than 50 m3 per month, the permit holder must ensure that the water production is determined by centrifuging 3-spot or proportional samples taken at well spaced intervals during the month and averaging the results or by the method described in subsection (1). (6) A permit holder must quantify sediment and water production in accordance with chapter 10.4, "Determination of Water and/or Sediment in Crude Oil by the Centrifuge Method", in the American Petroleum Institute's Manual of Petroleum Measurement Standards, as amended from time to time.

70 A permit holder must ensure that water production that is separated at a gas well or central facility is metered to determine production or disposition quantities. 71 (1) If a zone in a well has produced sufficient water to allow sampling, the well permit holder of the well must collect a water sample from the zone and have it analyzed for mineral and ion content. (2) Within 60 days of the sampling referred to in subsection (1), the well permit holder must submit to the regulator a report of the analysis. (3) Within 60 days of performing any other well water analysis, the well permit holder must submit to the regulator a report of the analysis. [am. B.C. Regs. 146/2017, App. 1, s. 33; 202/2023, Sch.

2, s. 2.] 72 (1) Repealed. [B.C. Reg. 146/2017, App. 1, s. 34.] (2) A well permit holder must report the quantity of water production from a water source well to the regulator no later than 20 days after the end of the month in which the production occurred. [am. B.C. Regs. 146/2017, App. 1, s. 34; 174/2018, s. 5; 202/2023, Sch. 2, s. 2.] Division 5 — Pressure Measurement
73 (1) Subject to subsection (5), a well permit holder must ensure that the static bottom hole pressure of each completed zone of each of the permit holder's oil, gas, disposal or injection wells, and for any water source well accessing deep groundwater, is measured before initial oil, gas or water production, disposal or injection.

(2) Subject to subsection (6), a well permit holder must ensure that the static bottom hole pressure of each of the permit holder's producing pools, observation wells and water source wells accessing deep groundwater is measured once every calendar year. (3) A well permit holder must report the following measurements to the regulator within 60 days of the date the measurements were taken:
(a) all static bottom hole pressures and temperatures and the duration of the resulting shut-in period;
(b) all other pressures measured using downhole recorders.

(4) A well permit holder must ensure that, when static bottom hole pressures and temperatures are measured, the surveyed wells remain shut-in until the reservoir pressure has been attained in the well bore or until sufficient data are available to permit the calculation of the reservoir pressure and, in the latter case, details of the reservoir pressure calculations are included in the report required under subsection (3). (5) Subsection (1) does not apply with respect to a well completed in an unconventional zone listed in Schedule 2 if the regulator has released, under

section 17 of the Energy Resource Activities General Regulation, well reports and well data that include a static bottom hole pressure measurement from the same unconventional zone within a 4 km radius measured from the wellhead of the well. (6) Subsection (2) does not apply with respect to a well completed in an unconventional zone listed in Schedule 2. [am. B.C. Regs. 241/2012, s. 20; 146/2017, App. 1, s. 35; 103/2019, s. 26; 202/2023, Sch. 2, ss. 2 and 9.] Division 6 — Injection and Disposal
74 A well permit holder must ensure that the quantity and rate of water, gas, air or any other fluid injected through a well to an underground formation is metered and that the injection pressure at the wellhead is measured. [am. B.C.

Reg. 159/2015, s. 19.] 75 (1) If a well permit holder injects or disposes of water, gas, air or any other fluid into an underground formation, the well permit holder must submit to the regulator a monthly injection or disposal statement indicating all of the following:
(a) the quantity of fluid injected or disposed of;
(b) the maximum wellhead injection or disposal pressure;
(c) the total monthly operating hours. (2) A well permit holder must submit the statement required under subsection (1) no later than 20 days after the end of the month in which the activity occurred.

(3) In addition to the statement required under subsection (1), a well permit holder of an acid gas disposal well must submit to the regulator a composition analysis of all disposed fluids, identifying the well location and disposal formation. (4) A well permit holder must submit the analysis required under subsection (3) no later than 6 months after the last analysis was submitted. [en. B.C. Reg. 103/2019, s. 27; am. B.C. Reg. 202/2023, Sch. 2, s. 2.]

76 A facility permit holder must notify the regulator
(a) at least 2 days before beginning construction of a facility or beginning permitted modifications to a facility,
(b) at least 2 days before conducting a pressure test on process piping at a facility,
(c) at least one day before beginning production operations at a facility, and
(d) at least one day before putting new or modified equipment in service at a facility. [am. B.C. Reg. 202/2023, Sch. 2, s. 2.]

77 (1) A facility permit holder must ensure that a permanently legible and conspicuous sign is displayed and maintained at each facility, and the sign must show all of the following:
(a) the name of the permit holder;
(c) the legal description of the site;
(d) if the facility handles flammable gas, a flammable gas symbol from Schedule 1;
(e) if the facility handles gas containing 100 ppm or greater of hydrogen sulphide, a poisonous gas symbol from Schedule 1;
(f) after March 1, 2011, if the facility handles gas containing 10 ppm or greater of hydrogen sulphide, a poisonous gas symbol from Schedule 1. (2) A permit holder must not post warning symbols where no hazard exists. [am.

B.C. Regs. 241/2012, s. 21; 146/2017, App. 1, s. 36.] 78 (1) A facility permit holder must maintain up-to-date and detailed flow diagrams, metering schematics and gathering schematics for all wells, groups of wells, facilities and gathering systems. (1.1) A facility permit holder must ensure that all tools and equipment used in facility operations are installed and operated in accordance with the manufacturer's specifications or sound engineering practices. (2) Repealed. [B.C. Reg. 48/2021, App. 2, s. 3 (a).]

(3) A facility permit holder must design and construct every portion of the piping system of the facility in accordance with either
(3.1) A facility permit holder referred to in subsection (3) must operate and maintain in accordance with the standard referred to in subsection (3) (b) every portion of the piping system of the facility designed and constructed in accordance with that standard. (4) A facility permit holder must submit to the regulator all record drawings including piping and instrumentation diagrams, metering schematics and plot plans, signed and sealed by a professional engineer licensed or registered under the Professional Governance Act, within 3 months of beginning production or completing permitted modifications, as applicable.

(5) The permit holder for a facility to which subsection (3) applies must indicate on the record drawings referred to in subsection (4) and on the piping of the facility the points at which the design and construction of the facility changes from one standard to the other, as applicable. (6) A facility permit holder must ensure both of the following:
(a) the facility is maintained in a condition that minimizes hazards, including hazards associated with pits, holes, equipment and storage of materials;
(b) the facility site is clean and free of garbage, debris and derelict equipment. [am. B.C. Regs. 241/2012, s. 22; 159/2015, s. 21; 146/2017, App. 1, s. 37; 103/2019, s. 29; 48/2021, App. 2, s. 3; 202/2023, Sch. 2, ss. 2 and 5; 26/2025, Sch.

2, s. 3.] 78.1 A facility permit holder must prepare and maintain an integrity management program and carry out operations in accordance with the integrity management program throughout the life cycle of the facility. [en. B.C. Reg. 146/2017, App. 2, s. 1.] 79 (0.1) In this section, "inactive facility" means a facility at which no petroleum, natural gas, water or substance referred to in paragraph (d) or (e) of the definition of "pipeline" in the Act is gathered, processed, measured or disposed of. (1) The removal of the facility from the facility site is prescribed with respect to a facility permit for the purposes of

section 40 (e) of the Act. (2) The facility permit holder of an inactive facility must
(a) within 12 consecutive months of the facility becoming an inactive facility, suspend the facility in a manner that ensures its ongoing safety and integrity, and
(b) within 60 days of the suspension of the facility, notify the regulator of the suspension. (3) A facility permit holder who has suspended operations at the facility must notify the regulator at least 5 days before reactivating the facility. [am. B.C. Regs. 241/2012, s. 23; 146/2017, App. 2, s. 2; 48/2021, App. 2, s. 4; 266/2022, Sch. 2; 202/2023, Sch. 2, s. 2.]

Division 8 — Storage Reservoirs
80 (1) A well permit holder of a well that is part of a special project for storage reservoirs designated under

section 75 of the Act must construct and operate the well in accordance with CSA Standard Z341. (2) A facility permit holder of a facility that is part of a special project for storage reservoirs designated under

section 75 of the Act must construct and operate the facility in accordance with CSA Standard Z341. (3) A well permit holder of a well that is part of a special project for carbon dioxide storage designated under

section 75 of the Act must construct and operate the well in accordance with CSA Standard Z741. [am. B.C. Reg. 159/2015, s. 22.] 81 The records, reports and plans required under this regulation are prescribed for the purposes of

section 38 of the Act. [en. B.C. Reg. 145/2023, App. 2, s. 2.] [en. B.C. Reg. 48/2021, App. 2, s. 5.] [Sections 15 and 77]
[en. B.C. Reg. 146/2017, App. 1, s. 38.] [Sections 6, 7, 29 and 34]
Unconventional Zones
[Provisions relevant to the enactment of this regulation: Energy Resource Activities Act, S.B.C. 2008, c. 36, ss. 106, 111 and 112.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 7 of the Land Act;
"director" has the same meaning as in

section 1 of the Petroleum and Natural Gas Act. (2) In the Act and in this regulation:
"producer" means
(a) a holder of a location who markets or otherwise disposes of petroleum, natural gas or both produced by
(i) the holder of the location, or
(ii) a person authorized to produce the petroleum, natural gas or both by the holder of the location, and
(b) a person authorized by a holder of a location to produce and market or otherwise dispose of, on the holder's behalf, petroleum, natural gas or both. [am. B.C. Regs. 214/2014, s. 3; 62/2019, Sch., s. 1; 187/2023, Sch., s. 12.] 3 (1) For the purposes of paragraph (e) of the definition of "pipeline" in

section 1 (2) of the Act, water and steam that are used for geothermal activities are prescribed. (2) Piping used in a gas distribution main, as defined in regulations under the Safety Standards Act, is prescribed for the purposes of paragraph (h) of the definition of "pipeline" in

section 1 (2) of the Act. [am. B.C. Reg. 187/2023, Sch., s. 8 (c).] 4 The Oil and Gas Waste Regulation, B.C. Reg. 254/2005, is prescribed for the purposes of paragraph (f) of the definition of "specified provision" in

section 1 (2) of the Act. 5 The following circumstances are prescribed for the purposes of

section 6 (2) of the Act:
(a) with respect to the power referred to in

section 6 (1) (a) of the Act, the regulator intends to acquire or dispose of a subsidiary corporation;
(b) with respect to the power referred to in

section 6 (1) (c) of the Act, the regulator intends to negotiate or enter into an agreement with the government of Canada, the government of another province or territory, a local government or a First Nation or with an official or agent of any of them that would require the regulator to pay or entitle the regulator to receive $1 000 000 or more in any one year. [am. B.C. Reg. 187/2023, Sch., s. 14.] 5.1 The regulator's powers under

section 8 of the Act are extended to include the power to issue an approval, other than an approval under the Environmental Management Act or the Heritage Conservation Act, with respect to a pipeline referred to in section 9 (2) of the Act, other than a pipeline set out in Schedule A. [en. B.C. Reg. 40/2012, s. 1; am. B.C. Regs. 147/2012, s. (b) (i); 187/2023, Sch., s. 8 (d).] 6 (1) The regulator is designated as the collector of the levy referred to in

section 47 of the Act. (2) The royalty collector appointed under

section 72.1 (2) of the Petroleum and Natural Gas Act is designated as the collector of the levy referred to in section 110 of the Act. [en. B.C. Reg. 62/2019, Sch. s. 2; am. B.C. Reg. 187/2023, Sch., s. 14.] 7 (1) For the purposes of an inquiry, investigation, study or report under

section 12 of the Act,
(a) the regulator has the powers, privileges and protection of a commission under sections 9, 10, 12, 14 to 16, 20, 21, 22 (1), 23 (a), (b) and (d) to (f) and 32 of the Public Inquiry Act, and
(b) a person has the privileges and protections of a person or participant under sections 11 and 13 of the Public Inquiry Act. (2)

Section 29 of the Public Inquiry Act applies to an inquiry, investigation, study or report under section 12 of the Act. [am. B.C. Reg. 187/2023, Sch., s. 8 (e).] 7.1 For the purposes of

section 24 (3) of the Act, the regulator may grant an authorization to a person for a related activity if the person meets one of the following prescribed requirements:
(a) the person holds or has applied for a permit for the energy resource activity related to that related activity;
(b) the person intends to apply for a permit for the energy resource activity related to that related activity and
(i) the energy resource activity is a reviewable project within the meaning of the Environmental Assessment Act,
(ii) the person holds or has applied for a licence under Division 1 of Part 7 of the Canadian Energy Regulator Act (Canada) to export oil or gas in relation to the energy resource activity,
(iii) the person has paid a fee set out in

section 4.1 of the Fee, Levy and Security Regulation to the regulator for advice and consultation services provided in relation to the energy resource activity,
(iv) the person owns petroleum and natural gas rights or holds a location in respect of a well related to the energy resource activity,
(v) the person has an agreement with the owner of petroleum and natural gas rights or the holder of a location in respect of a well related to the energy resource activity authorizing the drilling or operation, as applicable, of the well, or
(vi) the person holds a storage reservoir licence under the Petroleum and Natural Gas Act related to the energy resource activity. [en. B.C. Reg. 51/2018, s. 1; am. B.C. Reg. 187/2023, Sch., ss.

8 (f) and (g), 14 and 15.] 8 (1) The period prescribed for the purposes of

section 32 (1) of the Act is,
(a) in the case of a permit for an energy resource activity
(i) that is part of a reviewable project for which an environmental assessment certificate under

section 17 (3) of the Environmental Assessment Act has been issued, and
(ii) in relation to which no extension has been granted under

section 32 of the Act,
the period that starts on the date the permit is issued and ends on the date the environmental assessment certificate expires under

section 18 of the Environmental Assessment Act or is cancelled under section 37 of that Act, and
(b) in all other cases, 2 years
(i) from the date the permit is issued, or
(ii) in the case of an approval, authorization or certificate deemed to be a permit under

section 116 or 117 of the Act, from the date the approval, authorization or certificate was issued. (2) The period prescribed for the purposes of

section 32 (1.1) of the Act is 2 years from the date the authorization is issued. [am. B.C. Regs. 51/2018, s. 2; 67/2019, Sch., s. 1; 187/2023, Sch., s. 15.] 9 Decisions made by the regulator under

section 27, 29 or 31 (7) of the Act are prescribed for the purposes of the definition of "determination" in section 69 (1) of the Act. [am. B.C. Reg. 187/2023, Sch., s. 14.] 10 (1) For the purposes of

section 75 (1) (b) of the Act, "innovative technology" means technology that is unproven in a particular application to produce an energy resource. (2) The following activities are prescribed for the purposes of

section 75 (1) (d) of the Act:
(a)-(b) Repealed. [B.C. Reg. 187/2023, Sch., s. 8 (i).] (c) the development or production of coalbed gas and of shale gas. [am. B.C. Reg. 187/2023, Sch., ss. 8 (h) and (i).] 13 The following information is prescribed for the purposes of

section 77 of the Act:
(a) the name of and contact information for each permit holder;
(b) the permit number of each permit and a description of the conditions imposed, if any, on each permit;
(c) a description of each amendment or transfer of each permit;
(d) a description of each permit holder's compliance history;
(e) with respect to each well,
(i) the name and location of the well,
(ii) the name of the drilling contractor, and
(iii) a description of the operational history of the well, including the dates of the start of production, completion, recompletion, workover, suspension and abandonment;
(f) with respect to each pipeline,
(i) the name and location of the pipeline, including as-built drawings of the pipeline,
(ii) a description of the operational history of the pipeline, including the dates of the start of construction, pressure tests, leave to open, suspension and abandonment, and
(iii) the length, outside diameter, wall thickness, line specifications and maximum operating pressure of the pipeline;
(g) with respect to each facility,
(i) the name and location of the facility and of each associated field,
(ii) the site number of and as-built drawings for the facility,
(iii) a description of the operational history of the facility, including the dates of the start of construction, pressure tests, leave to open, suspension and abandonment,
(iv) a statement of the facility's production or processing capacity, and
(v) the manufacturers' specifications for vessels, appurtenances and on-lease pipe associated with the facility;
(h) with respect to geophysical activities,
(i) each project's name and a description of the area of geophysical activity for each project,
(ii) each project's start date, and
(iii) a description of the operational history of each project, including a description of each project's type of activity and energy source.

Part 2 — Release of Information
14 In this Part:
"geological and geophysical reports" means geological, geophysical and other reports in the possession of the ministry or the regulator that have confidential status because of a designation made by the minister under

section 122 (2) of the Petroleum and Natural Gas Act, but does not include well reports and well data;
"well reports and well data" means
(a) information obtained from or about a well, including drilling reports, well history reports, unprocessed and processed log data, dipmeter surveys, directional surveys, drill stem test data and analyses, wire line data, pressure-volume temperature and flow test data and analyses, subsurface pressure data and analyses, completion information, reports respecting monitoring of hydraulic fracturing, geological and geophysical information, drilling depths, casing and cementing information, well status, gas, oil or water sample or analysis data, drill cuttings and cores and any analysis and description of the drill cuttings and cores, and
(b) proprietary geological information, engineering data and supporting calculations contained in pre-application submissions for well permits,
but does not include geological and geophysical reports.

[am. B.C. Reg. 187/2023, Sch., s. 14.] "completed", in relation to a well, has the same meaning as in the Drilling and Production Regulation;
"completion event" means an event through which a well becomes a completed well;
"first facility" means the first facility to which a well is connected. (2) Subject to this Part, well reports and well data that are received by the regulator in the course of the administration of the Act, except for the well reports and well data described in subsection (3), must be held confidential by the regulator. (3) For the purposes of subsection (2), the following information is excepted:
(b) completion event statuses;
[en. B.C. Reg. 67/2019, Sch., s. 2; am. B.C. Reg. 187/2023, Sch., s. 14.]

16 The regulator must release geological and geophysical reports from confidential status
(a) 10 years after the earliest date of receipt by the regulator or the ministry, if the regulator or ministry receives the information in the performance of a program of work referred to in any of sections 43, 56, 57 or 58 (3) of the Petroleum and Natural Gas Act, or
(b) 21 years after the earliest date of receipt by the regulator or the ministry, if the regulator or ministry receives the information other than as set out in paragraph (a). [am. B.C. Reg. 187/2023, Sch., s. 14.]

17 (1) Subject to subsections (2) to (9) of this section and sections 18 to 20, 22 and 23, the regulator must release well reports and well data, recorded with or submitted to the regulator, from confidential status
(a) 2 months after the date of release of the drilling rig for a well or portion of a well classified as a development well under the Drilling and Production Regulation,
(b) 6 months after the date of release of the drilling rig for a well or portion of a well classified as an exploratory outpost well under the Drilling and Production Regulation,
(c) one year after the date of release of the drilling rig for a well or portion of a well classified as an exploratory wildcat well under the Drilling and Production Regulation,
(d) one year after the date of release of the drilling or service rig for a well that has been re-entered and the well or a portion of the well has been designated as a discovery well under the Drilling and Production Regulation,
(e) 18 months after the date of release of the drilling rig for a well or portion of a well classified as a special data well under the Drilling and Production Regulation, and
(f) for a well or a portion of a well forming part of a special project under

section 75 (1) (b) of the Act, the later of
(i) 3 years after the date of the order designating the special project, and
(ii) an applicable period under paragraphs (a) to (e),
unless the regulator establishes another date for release under subsection (2). (2) The regulator, in an order designating a special project under

section 75 (1) (b) of the Act, may establish a date for the release of well reports and well data from confidential status that is earlier than the dates set out in subsection (1). (3) The commissioner and deputy commissioner are designated as employees of the regulator who, on application of a permit holder of a well, may order that the requirements of subsection (1) for the release from confidential status of well reports and well data do not apply to that well for the period and, subject to the other conditions the commissioner or deputy commissioner may specify, if satisfied that
(a) the permit holder has requested that the ministry offer a Crown reserve for disposition by public tender under

section 71 of the Petroleum and Natural Gas Act and the ministry has deferred its decision on the request,
(b) the well reports and well data include information from which a person might reasonably be expected to infer the existence of petroleum or natural gas in the Crown reserve referred to in paragraph (a), and
(c) the release of the well information in accordance with subsection (1) would significantly harm the business interests of the permit holder.

(4) The regulator must not under subsection (1) release from confidential status well reports and well data respecting a well at any time when a decision is pending on an application for any of the following:
(a) a designation of the well or portion of the well as a discovery well under

section 2 (3) (b) of the Drilling and Production Regulation;
(b) a designation of the well or a portion of the well as a special data well under the Drilling and Production Regulation;
(c) an order under subsection (3);
(d) a designation as a special project under

section 75 for the well or a portion of the well or of a pool, field or area that includes the well. (5) If a well report or well data for a well has been released from confidential status under subsection (1), the well report or well data must not be reclassified as confidential by a designation, an amendment or an order referred to in subsection (4). (6) Repealed. [B.C. Reg. 235/2011, s. 1.] (7) The regulator may release well reports and well data from confidential status
(a) if, for any reason, the rights to the well have reverted to the government, or
(b) with the concurrence of the person who submitted the information to the ministry or the regulator.

(8) The regulator, on request by the director, must make well reports, well data, geological reports and geophysical reports available to
(b) the government of another province of Canada,
(c) the government of a jurisdiction outside Canada,
(d) an international organization of states, or
(e) an agency of any of the governments or organizations referred to in paragraphs (a) to (d). (9) The director may make a request for the purposes of subsection (8) if satisfied that the reports or data to be made available under that subsection will be kept confidential by the government, organization or agency to which the reports or data will be made available. [am. B.C. Regs. 235/2011, s. 1; 187/2023, Sch., s. 14.]

section 15 of this regulation:
(a) records or reports submitted to the regulator under

section 37 of the Drilling and Production Regulation;
(b) records of the expected total vertical and measured depths at the time of approval of the well permit, formation at expected total depth, position, ground elevation and drilling status of the well;
(c) all applications for permits and amendments to permits, including all submissions supporting those applications. (2) The regulator must publish the records and reports referred to in subsection (1) (a) as soon as practicable after receiving those records and reports. (3) The regulator must make the records referred to in subsection (1) (b) and (c) available to the public at all times during business hours and may make those records available to the public at any other time. [en. B.C. Reg. 235/2011, s. 2; am. B.C. Reg.

187/2023, Sch., s. 14.] 18 If a location or a part of a location is surrendered, any information obtained from a well on that location or part of a location may be released from confidential status at any time after the surrender. 19 If a location or a part of a location is or becomes Crown reserve, all geological and geophysical reports and well reports and well data for that location or part of a location may be released from confidential status. 20 Despite any restrictions placed on the release of information by this Part, any information may be released by the Lieutenant Governor in Council at any time when the Lieutenant Governor in Council considers it in the public interest to do so.

21 If information has been released from confidential status under this Part, any person may attend at the office of the regulator and, on payment of the fees set out in

section 21 of the Fee, Levy and Security Regulation, examine or copy the records. [am. B.C. Regs. 51/2018, s. 3; 187/2023, Sch., s. 14.] 22 Despite

section 17 (1), on application by a permit holder of a well or portion of a well designated as a discovery well under section 2 (3) (b) of the Drilling and Production Regulation, the regulator may exempt a subsequent well drilled in the same pool as the discovery well from the application of section 17 (1) and substitute the date applicable to the discovery well under section 17 (1) as the date when the well reports and well data respecting the subsequent well must be released from confidential status. [am. B.C. Reg. 187/2023, Sch., s. 14.] 23 (1) If drilling operations for a well referred to in any of paragraphs (a) to (d) of

section 17 (1) have ceased with the intention of resuming drilling at a later date and
(a) one year has elapsed since the date drilling operations ceased, and
the dates set out in

section 17 (1) (a) to (d) do not apply and the regulator must immediately release well reports and well data, recorded with or submitted to the regulator, from confidential status. (2) If drilling operations have ceased for a well referred to in

section 17 (1) (e) or (f) with the intention of resuming drilling at a later date and
the date that the drilling operations ceased is, for the purposes of

section 17 (1) (e) or (f), whichever is applicable, to be considered the date of release of the drilling rig. [am. B.C. Reg. 187/2023, Sch., s. 14.] 24 (1) Within 16 months after completion of a pipeline, a pipeline permit holder must do the following:
(a) complete the surveying and posting of the pipeline right of way according to applicable rules made under

(b) if the pipeline or a portion of the pipeline goes through Crown land, submit to the regulator the plans of the survey through Crown land;
(c) if the pipeline or a portion of the pipeline goes through land other than Crown land, submit to the registrar under the Land Title Act for deposit the plans of the survey through land other than Crown land in the form required under that Act. (2) The regulator may issue to a pipeline permit holder who submitted plans under subsection (1) (b) an approval of the plans if the regulator is satisfied the plans represent a pipeline approved by the pipeline permit holder's permit.

(3) Within 30 days of receiving an approval under subsection (2), a pipeline permit holder must submit to the Surveyor General the approved plans in the form required under the rules referred to in subsection (1) (a). (4) After approval by the Surveyor General, the plans of Crown land required under subsection (1) (b) are the official plans of survey of the right of way through Crown land. [am. B.C. Reg. 187/2023, Sch., s. 14.] 25 (1) Within 90 days after receiving a well permit, a well permit holder must
(a) complete a well site survey and well site survey plan for the permitted well in accordance with the applicable rules made under

section 75 of the Land Surveyors Act, and
(b) submit, in a form acceptable to the Surveyor General, the well site survey plan to the Surveyor General. (2) On submission of a well site survey plan under subsection (1), the Surveyor General may confirm that the well site survey and well site survey plan were made in compliance with subsection (1) (a) and file the well site survey plan in the Crown land registry.

(3) If the location of the well shown on a well site survey plan is changed or a new well is drilled on the well site after the well site survey plan is submitted to the Surveyor General under subsection (1), the well permit holder must submit, within 90 days of the change of location or the drilling of the new well, a revised well site survey plan to the Surveyor General and subsections (1) (a) and (2) apply to that submission. 26 (1) The Surveyor General, on written request, may grant to a permit holder an extension of the time under

section 24 (1), 25 (1) or both by which the obligations under those sections must be met, if satisfied that circumstances warrant the extension. (2) The Surveyor General must provide written notice to the regulator of an extension granted under subsection (1). [am. B.C. Reg. 187/2023, Sch., s. 14.] 29 (1) An application for compensation under

section 46 of the Act must be submitted to the regulator by the landowner in the form and including the information required by the regulator. (2) An application must be accompanied by all of the following:
(a) if available and applicable, a copy of a surface lease with respect to the landowner's land;
(b) the amount claimed in compensation for the loss referred to in

section 46 (1) of the Act;
(c) if available and applicable, evidence of when the last payment under a surface lease was made to the landowner;
(d) evidence showing the efforts made by the landowner to obtain payment of outstanding amounts owed under the surface lease agreement;
(e) a description of the energy resource activity carried out on the landowner's property;
(f) if the landowner is not a party to a surface lease, evidence of the landowner's interest in the land and the date the landowner acquired the land;
(g) any other information relevant to establishing or evaluating the compensation to be paid under

section 46 of the Act. (3) With respect to a site designated under

section 45 (2) of the Act,
(a) the maximum compensation to be paid with respect to the period before the designation of the site is $50 000, and
(b) the compensation to be paid with respect to the period from the designation of the site to the date of issuance of a certificate of restoration for the site or a determination referred to in

section 45 (5) (c) of the Act being made is either
(i) the annual payment under the surface lease, or
(ii) if there is no surface lease with respect to the land, an annual payment determined by the regulator as reasonable compensation for the landowner's loss referred to in

section 46 (2) of the Act. [am. B.C. Reg. 187/2023, Sch., ss. 14 and 15.] [en. B.C. Reg. 40/2012, s. 2.] (

Section 5.1)
1. Pipeline of the Enbridge Northern Gateway Project, National Energy Board file number OF-Fac-Oil-N304-2010-01 01. [Provisions relevant to the enactment of this regulation: Energy Resource Activities Act, S.B.C. 2008, c. 36, ss. 9, 94 to 100 and 102.] Copyright © King's Printer, Victoria, British Columbia, Canada

Section 4 (3) to (5) does not apply to land that is water system property. (4) The Attorney General may dispose of all or part of water system property at any time after the water system property has vested in the government. (5) If the Attorney General disposes of water system property under subsection (4), the Attorney General may, despite

section 4 (3), grant a right of way or easement over land that escheated from the same corporation that, before it dissolved, owned the water system property that vested in the government, for the purpose of providing access to the water system property. (6) If an application is made under any Act to the Supreme Court to revive a dissolved corporation, the Supreme Court may, if notice of the application has been served on the government, order that water system property of the corporation that had vested in the government vests in the corporation.

(7) An order may not be made under subsection (6) in relation to all or part of water system property of the corporation that had vested in the government if the Attorney General has disposed of all or that part of that water system property. (8) Water system property that is the subject matter of an order made under subsection (6) vests in the corporation at the time, in the manner and subject to the conditions set out in the order.

(9) The Supreme Court must make it a term of any order made under subsection (6) that the water system property must not vest in the corporation until the government has been reimbursed for any costs and expenses
(a) incurred by the government in relation to the water system property after it vested in the government, and
(b) for which the government makes application for reimbursement at the time of the hearing. 4.2 (1) The Attorney General may, by order, declare that land on Haida Gwaii that has escheated or become forfeited to the government of British Columbia is vested in the Council of the Haida Nation.

(2) An order under subsection (1) may be made in relation to land if
(a) the government of British Columbia holds the land,
(b) at least 10 years has passed since the escheat or forfeiture, and
(c) an application under

section 4 (5) or claim under section 5 (b) (i) or (ii) has not been made in relation to the land or, if made, has been abandoned or finally determined. (3) For the purposes of subsection (2) (c), a determination is final if the determination has not been overturned on judicial review, if applicable, or appeal and the time to commence every available judicial review or appeal has elapsed. (4) An application for judicial review of a determination under

section 5 in relation to land on Haida Gwaii must be made within one year after the determination. (5) Land that is the subject matter of an order made under subsection (1) vests in the Council of the Haida Nation at the time, in the manner and subject to the conditions set out in the order. (6) Sections 5 (b) (iii), 11 and 12 (c) to (e) do not apply in relation to land on Haida Gwaii.

5 The Attorney General may, as to the Attorney General seems proper,
(a) restore land which has escheated or become forfeited, or any portion of or interest in it, to a person, or
(i) who has a legal or moral claim on the person to whom it had belonged,
(ii) to carry into effect any disposition of it which the owner may have contemplated, or
(iii) to reward a person who discovers the escheat or forfeiture. 6 (1) A grant under

section 5 may be made without actual entry or investigation being first necessary, although the land is not in the actual possession of the government, and even though some person claims title to it adversely to a person to whom the land had belonged. (2) If possession of the land is withheld, the person to whom the grant is made is then entitled to sue for the recovery of the land.

7 (1) If a forfeiture takes place of land or any interest in it the Attorney General may waive or release any right that the government may have become entitled to, so as, by the waiver or release, to vest the property, either absolutely or otherwise, in the persons who would have been entitled but for the forfeiture. (2) The waiver or release may be either for valuable consideration or otherwise, and on the terms and conditions as to the Attorney General seem proper.

8 The Attorney General may, as to the Attorney General seems proper,
(a) make any assignment of personal property to which the government is entitled because of
(i) the person last entitled to it having died intestate and without leaving any kin or other person entitled to succeed to it,
(ii) the property having become vested in the government as a thing that had no owner, or
(iii) the property having become forfeited to the government, or
(b) make an assignment of any portion of the personal property, for the purpose of
(i) transferring or restoring it to any person or persons having a legal or moral claim on the person to whom it had belonged,
(ii) carrying into effect any disposition of it which the person may have contemplated, or
(iii) rewarding the person making discovery of the right of the government to the property.

9 (1) If administration is taken out under the provisions of the Wills, Estates and Succession Act, the Attorney General may apply to the Supreme Court for an order for the making of inquiries necessary to determine whether or not the government is entitled to any portion of the estate of the deceased on account of the deceased dying intestate and without heirs or next of kin or otherwise. (2) A judgment made on such inquiry is, unless reversed on appeal, final and conclusive.

10 (1) If a person dies in possession of or entitled to real estate in British Columbia, intestate as to such real estate, without any known heirs, the Attorney General may apply to the Supreme Court for an order for the making of inquiries necessary to determine whether or not the government is entitled to any portion of the real estate of the deceased on account of the person's dying intestate and without heirs. (2) A judgment or order given on such inquiry is, unless reversed on appeal, final and conclusive.

(3) If the Attorney General is entitled to apply under subsection (1), the Attorney General may bring an action, either in the name of the Attorney General, on behalf of the government or in the name of the government, to recover possession of the real estate of the deceased. (4) In an action under this section the government is entitled to judgment and process to recover possession, unless the person claiming adversely shows that the deceased did not die intestate as to the real estate, or that the deceased left heirs or that some other person is entitled to the real estate.

11 The Attorney General may
(a) sell any land escheated to the government under this Act, at the price and on the terms as may be determined, and
(b) give a preference, in making any such sale, to a person who has a legal or moral claim on the person to whom the land had belonged.

12 If any property or any interest, legal or equitable, in it, has escheated or become forfeited to the government, the Attorney General may do one or more of the following:
(a) appoint a person to take possession of it, or of any part of it, and manage it for the time the Attorney General thinks proper;
(b) rent it or any part of it;
(c) sell it or any part of it by private sale;
(d) advertise it or any part of it for sale by tender;
(e) cause it or any part of it to be sold by public auction under the conditions the Attorney General considers proper. 13 (1) Any money arising from the exercise of the powers conferred by

section 12 is freed from any claims on it, whether legal, equitable or moral, and must be paid into the consolidated revenue fund. (2) If the Attorney General is satisfied that a person had a legal, equitable or moral claim on money paid into the consolidated revenue fund under subsection (1), the Attorney General may authorize the Minister of Finance to pay to that person out of the consolidated revenue fund an amount of money the minister considers appropriate. 14 (1) This section applies to property that has been Crown granted under the provisions of the Mineral Tenure Act, or under any ordinance or Act affecting minerals, precious or base, or under the Land Act, or any other statute providing for the granting of land by the government.

(2) The Attorney General may direct the Surveyor General to cancel the survey, field notes and official plan of survey of a property and the property is for all purposes deemed to be Crown land within the meaning of the Land Act if
(a) it is property referred to in subsection (1) that has escheated to the government under this Act,
(b) the property so escheated has not been restored to any legal or moral claimant, sold, leased or released, and
(c) for any reason it is inconvenient or not advisable to deal with it under

section 11 or 12. (3) All the provisions of the Land Act and the Mineral Tenure Act apply to land referred to in subsection (2) and to its sale, lease, staking or other disposition to the same extent as if no grant of the land had been issued. (4) The Surveyor General, when so directed, must,
(a) by notice in the Gazette, cancel the survey, field notes and official plan of survey of the property so escheated, and
(b) forward a notice of the cancellation to the registrar of the land title district in which the land is located.

(5) The registrar of land titles must file the notice and, if the title to the land is registered, make a reference to it in the appropriate register against the title to the land to which the notice relates. Part 2 — Operation of Water Systems Property
15 In this Part:
"amount owing", in relation to an owner, means the total of
(a) the amount payable to the government by the owner under

section 16 (1), and
(b) any interest accrued or accruing on the amount payable referred to in paragraph (a);
"deferral agreement" means an agreement entered into under

section 18 (1);
"owner", in relation to real property, means the registered owner of an estate in fee simple;
"serviced property" means real property to which water is provided by the government from water system property;
"water system property" means water system property, as defined in

section 4.1, that has, on the dissolution of a corporation, escheated to or vested in the government. 16 (1) If the government provides water for use on serviced property, the Attorney General may, by order, set a fee or charge for providing water, including a fee or charge in relation to any repairs or maintenance made to the water system property by the government, to be paid by the owner of the serviced property. (2) An owner who owes an amount under subsection (1) must pay interest on that amount, at the prescribed rate and calculated in the prescribed manner, from the date of the order or a later prescribed date.

(3) If the government enters into an agreement with a person under which the person operates the water system property on behalf of the government, despite

section 14 (1) of the Financial Administration Act, the agreement may authorize the person to retain a fee for the person's services provided under the agreement from the fee or charge referred to in subsection (1) collected by that person on behalf of the government. 17 (1) Despite the Water Utility Act, any other enactment or any other legal obligation, the government
(a) may cease providing water from water system property, and
(b) is not required to repair works that are part of water system property or provide water from that water system property if water was not provided from the water system property on the date that the water system property escheated to or vested in the government.

(2) The government must give at least 30 days notice to each owner of serviced property before ceasing to provide water under subsection (1) (a). (3) The notice under subsection (2) may be given
(a) by leaving the notice with the owner, or
(b) by sending the notice by ordinary mail or registered mail or by delivering the notice to the owner's address as shown on any record in the land title office relating to the ownership of the serviced property. (4) A notice given in accordance with subsection (3) (b) is deemed to have been given on the date the notice was sent or delivered.

18 (1) Subject to this section and the regulations, if the Attorney General considers that requiring an owner to pay an amount owing to the government causes or is likely to cause hardship to the owner, the Attorney General may enter into an agreement with the owner permitting that owner to defer paying all or part of the amount owing to the government during the term of the agreement. (2) Subject to this section and the regulations, the Attorney General may include in a deferral agreement terms and conditions the Attorney General considers appropriate. (3) A deferral agreement terminates on the date the owner transfers the owner's estate in fee simple in the serviced property or on an earlier date established by the agreement.

19 (1) On receiving a deferral agreement from the Attorney General, the registrar of the land title office must register the deferral agreement as a charge, in favour of the government, on the serviced property of the owner who entered into that deferral agreement. (2) A deferral agreement registered under subsection (1) is a registered charge on the serviced property for the amount owing to the government, including any interest that accrues after the agreement is registered.

20 (1) If an amount owing by an owner has not been paid, the Attorney General may register a lien against the owner's serviced property by registering a certificate of indebtedness in the prescribed form in the appropriate land title office in the same manner that a charge is registered under the Land Title Act. (2) On registration of a certificate of indebtedness against an owner's serviced property under subsection (1), a lien is created on the serviced property against which the certificate is registered for the amount owing that remains unpaid and is stated in that certificate.

21 (1) If an amount owing by an owner has not been paid, the Attorney General may
(a) issue a certificate stating
(ii) the amount owing that remains unpaid, and
(iii) the name of the person required to pay it, and
(b) file the certificate with the Supreme Court. (2) A certificate filed under subsection (1) (b) is of the same effect, and proceedings may be taken, as if it were a judgment of the Supreme Court for the recovery of a debt in the amount stated against the person named. 22 (1) For the purposes of this Part, the Lieutenant Governor in Council may make regulations referred to in

(a) prescribing the term or the maximum term of deferral agreements;
(b) prescribing the maximum amount owing that may be deferred under a deferral agreement or prescribing a maximum portion that may be deferred in relation to the value of the serviced property;
(c) prescribing terms the Attorney General must include in a deferral agreement;
(d) prescribing the minimum amount or portion of equity in a serviced property that is held by the owner in order for the owner to be eligible to enter into a deferral agreement;
(e) prescribing the manner of calculating an owner's equity in a serviced property.

(3) In making regulations under this Part, the Lieutenant Governor in Council may
(a) define classes of persons, matters or things, and
(b) make different regulations for different classes of persons, matters or things. Copyright © King's Printer, Victoria, British Columbia, Canada

section 20 (3), a person referred to in subsection (1) of this section who understands the nature of an oath or a solemn affirmation and is able to communicate the evidence must testify under oath or solemn affirmation. (3) A person referred to in subsection (1) who does not understand the nature of an oath or a solemn affirmation but is able to communicate the evidence may testify on promising to tell the truth. (4) A person referred to in subsection (1) who neither understands the nature of an oath or a solemn affirmation nor is able to communicate the evidence must not testify.

(5) A party who challenges the mental capacity of a proposed witness who has reached 14 years of age has the burden of satisfying the judge, justice or other presiding officer that there is an issue as to the capacity of the proposed witness to testify under an oath or a solemn affirmation. 6 A person charged with an offence, and the spouse of the person charged, is a competent witness whether the person charged is charged solely or jointly with any other person.

7 (1) Except as provided by this Act, the parties to an action, suit, petition or other matter of a civil nature in any of the courts of British Columbia, and their spouses, are competent as witnesses and compellable to attend and give evidence in the same manner as they would be if not parties, or spouses of the parties, to the proceedings. (2) Despite any rule to the contrary, a spouse may in proceedings in court give evidence that he or she did or did not have sexual intercourse with the other spouse at any time or within any period of time before or during the marriage.

8 A spouse is not compellable to disclose any communication made to him or her by the other spouse during the marriage. 9 In an action or proceeding by or against a person
(a) who is found to be of unsound mind, or
(b) who is a patient in a Provincial or other mental health facility,
an opposite or interested party is not entitled to obtain a verdict, judgment or decision, on his or her own evidence, unless that evidence is corroborated by other material evidence. 10 (1) In this section and sections 11 and 12, "proceeding" includes a quasi-judicial or administrative hearing but does not include a proceeding in the Court of Appeal, the Supreme Court or the Provincial Court. (2) This section and

section 11 do not apply to proceedings of a tribunal, commission, board or other similar body that enacts or makes its own rules for the introduction of expert evidence and the testimony of experts, and if there is a conflict between any such rules and this section or section 11, those rules apply. (3) A statement in writing setting out the opinion of an expert is admissible in evidence in a proceeding without proof of the expert's signature if, at least 30 days before the statement is given in evidence, a copy of the written statement is furnished to every party to the proceeding that is adverse in interest to the party tendering the statement.

(4) The assertion of qualifications as an expert in a written statement is proof of the qualifications. (5) If the written statement of an expert is given in evidence in a proceeding, any party to the proceeding may require the expert to be called as a witness. (6) If an expert has been required to give evidence under subsection (5) and the person presiding at the hearing is of the opinion that the evidence obtained does not materially add to the information in the statement furnished under subsection (3), the person presiding may order the party that required the attendance of the expert to pay, as costs, a sum the person presiding considers appropriate.

11 (1) A person must not give, within the scope of that person's expertise, evidence of his or her opinion in a proceeding unless a written statement of that opinion and the facts on which that opinion is formed has been furnished, at least 30 days before the expert testifies, to every party that is adverse in interest to the party tendering the evidence of the expert.

(2) Despite subsection (1), the person presiding in a proceeding may, on his or her own initiative or on the application of a party, do one of the following:
(a) if the statement has not been furnished, order that the expert may testify;
(b) if the statement was furnished less than 30 days before the expert is to testify, order that the expert may testify;
(c) order that the expert must be allowed to testify if the statement is furnished within a time less than 30 days before the expert is to testify, and specify the time;
(d) if it appears that a party will tender the evidence of an expert in the proceeding, order that a statement be furnished at a time earlier than 30 days before the expert is to testify and specify the time by which the statement must be furnished.

(3) For the purpose of proving that a copy of a written statement was furnished to a party to a proceeding, the person presiding at the hearing may accept an affidavit made by the person who furnished the statement. 12

Section 11 does not apply in proceedings to enforce a law in which punishment by fine, penalty or imprisonment may be imposed. 12.1 (1) In this section and

section 12.2:
"fast track vehicle injury proceeding" means a vehicle injury proceeding prescribed by regulation as a fast track vehicle injury proceeding;
"joint expert" means an expert that is jointly appointed by all parties to a vehicle injury proceeding;
"vehicle injury damages" means damages for personal injury, or death, resulting from the use or operation of a vehicle as defined in the Motor Vehicle Act;
"vehicle injury proceeding" means a civil proceeding in the Supreme Court that includes a claim for vehicle injury damages.

(2) Except as provided under this section or the regulations,
(a) a party to a vehicle injury proceeding, other than a fast track vehicle injury proceeding, must not tender the following at trial:
(i) expert evidence on the issue of vehicle injury damages, of more than 3 experts;
(ii) more than one report on the issue of vehicle injury damages from each expert referred to in subparagraph (i),
(b) a party to a fast track vehicle injury proceeding must not tender the following at trial:
(i) expert evidence on the issue of vehicle injury damages, of more than one expert;
(ii) more than one report on the issue of vehicle injury damages from the expert referred to in subparagraph (i), and
(c) the court must not allow a party to tender expert evidence at the trial of a vehicle injury proceeding if doing so would result in exceeding the limits set out in this subsection.

(3) Despite subsection (2), if the parties to a vehicle injury proceeding appoint a joint expert, a party may tender at trial the expert evidence of that joint expert. (4) With the consent of all other parties to a vehicle injury proceeding, a party may tender at trial
(a) expert evidence of one or more additional experts, despite the limit set out in subsection (2) (a) (i) or (b) (i), or
(b) one or more additional reports from an expert referred to in subsection (2) (a) (i) or (b) (i) or paragraph (a) of this subsection, despite the limit set out in subsection (2) (a) (ii) or (b) (ii), as applicable.

(5) On application by a party to a vehicle injury proceeding, the court may, if satisfied that the conditions set out in subsection (6) are met, grant leave to
(a) allow expert evidence of one or more additional experts to be tendered, despite the limit set out in subsection (2) (a) (i) or (b) (i), or
(b) allow the party to tender as evidence one or more additional reports from an expert referred to in subsection (2) (a) (i) or (b) (i), (4) (a) or paragraph (a) of this subsection, despite the limit set out in subsection (2) (a) (ii) or (b) (ii), as applicable.

(6) The following are the conditions for the purposes of subsection (5):
(a) the subject matter of the additional evidence to be tendered is not already addressed by expert evidence of the party making the application as permitted under subsection (2) or (4);
(b) without the additional expert evidence, the party making the application would suffer prejudice disproportionate to the benefit of not increasing the complexity and cost of the proceeding. (7) In an application under subsection (5), a party must include the following:
(a) the name of each expert whose evidence the party intends to tender at trial;
(b) the scope of expertise of each expert whose evidence the party intends to tender at trial;
(c) records that support the need for the additional evidence.

(8) Nothing in this section limits any authority of the court to appoint the court's own experts on the court's own initiative.

(9) For the purposes of this section, the Lieutenant Governor in Council may make regulations as follows:
(a) respecting disbursements, including but not limited to the following:
(i) establishing limits on the amount of disbursements that are payable to a party in a vehicle injury proceeding, including, without limitation, establishing limits
(A) on the amount of disbursements payable for an expert report,
(B) on the amount of disbursements payable as a percentage of the total amount recovered in an action, and
(C) in relation to expert evidence by reference to the number of experts tendering evidence at a trial or the number of reports by experts tendered at trial;
(ii) authorizing the court to make an order
(A) for the amount of disbursements that are payable to a party in a vehicle injury proceeding in circumstances in which limits established under subparagraph (i) do not apply, or
(B) determining whether to include or exclude prescribed disbursements when determining the application of a limit established under subparagraph (i);
(b) respecting the following matters in relation to expert evidence on the issue of vehicle injury damages in a vehicle injury proceeding:
(i) the timelines for serving expert evidence;
(ii) the consequences of a party failing to serve expert evidence within a timeline prescribed under subparagraph (i), including but not limited to restricting the party from tendering the expert evidence at trial;
(c) for the purposes of the definition of "fast track vehicle injury proceeding", prescribing as a fast track vehicle injury proceeding a proceeding that is governed by rules made under

section 2 of the Court Rules Act;
(d) providing for exemptions from the application of subsection (2) or a regulation made under this section, including but not limited to regulations that
(i) establish circumstances in which the exemption applies, and
(ii) set conditions of, or limitations on, the application of the exemption. (10) If a regulation made under subsection (9) (a) (i) or (b) (i) is inconsistent with a rule made under the Court Rules Act, the regulation under subsection (9) (a) (i) or (b) (i) prevails. (11) In making a regulation under subsection (9), the Lieutenant Governor in Council may make regulations that are different for fast track vehicle injury proceedings and other vehicle injury proceedings.

12.2 (1) In this section, "notice of trial" means a notice of trial under the Supreme Court Civil Rules. (2) Despite

section 12.1 and regulations made under that section, the limits set out in that section do not apply to the following:
(a) a report of an expert in respect of vehicle injury damages if the report was served
(i) before February 6, 2020, and
(ii) in accordance with all applicable rules of the Supreme Court Civil Rules;
(i) a notice of trial was filed and served before February 6, 2020, and
(ii) the trial date set out in the notice of trial, filed in relation to the vehicle injury proceeding, is before October 1, 2020. (3) A regulation made under

section 12.1 (9) (a) must not do the following:
(a) limit the disbursements payable to a party for amounts that the party necessarily or properly incurred before February 6, 2020 for reports from experts in respect of vehicle injury damages;
(b) limit disbursements payable in respect of a vehicle injury proceeding if
(i) the notice of trial was filed and served before February 6, 2020, and
(ii) the trial date set out in the notice of trial, filed in relation to the vehicle injury proceeding, is before October 1, 2020. (4) Subsection (3) (a) does not prohibit the making of a regulation under

section 12.1 (9) (a) that limits the total disbursements payable to a party by taking into account the disbursements referred to in subsection (3) (a) of this section. (5) For certainty, this section and

section 12.1 apply to all vehicle injury proceedings, whether or not the proceeding was commenced before the coming into force of those sections. 13 (1) Subject to subsection (2), a witness may be cross examined as to previous statements made by that witness in writing, or reduced into writing, relative to the subject matter of the proceedings, without the writing being shown to that witness. (2) If it is intended to contradict the witness by the writing referred to in subsection (1), the attention of the witness must, before the contradictory proof can be given, be called to those parts of the writing that are to be used for contradicting the witness.

(3) At any time during the proceedings, the judge or person presiding over the proceedings may
(a) require the production of the writing referred to in this section for his or her inspection, and
(b) after that, make use of the writing for the proceedings as he or she thinks fit. 14 (1) Subject to subsection (2), if a witness, in cross examination as to a former statement made by the witness relative to the subject matter of the proceedings and inconsistent with the present testimony of the witness, does not distinctly admit to making the statement, proof may be given that the witness did in fact make that statement.

(2) Before giving the proof referred to in subsection (1),
(a) the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and
(b) the witness must be asked whether or not the witness made the statement. 15 (1) Subject to subsection (4), a witness may be questioned as to whether the witness has been convicted of an offence, indictable or not, and if the witness denies the fact or refuses to answer, the opposite party may prove the conviction.

(2) On proof of the identity of the witness as the convict, a certificate that
(a) contains the substance and effect of the indictment and conviction for the offence, and
(i) the registrar or clerk of the court, or other officer having the custody of the records of the court at which the offender was convicted, or
(ii) the deputy of a person under subparagraph (i),
is sufficient evidence of the conviction of the witness, without proof of the signature or of the official position of the person signing the certificate. (3) The fee prescribed by the Lieutenant Governor in Council may be taken for the certificate referred to in subsection (2).

(4) Subsection (1) does not apply to the questioning of a witness in a civil proceeding conducted before a jury, if the judge thinks that the questioning of that witness would unduly influence the jury. 16 (1) A party producing a witness must not impeach the credibility of the witness by general evidence of bad character, but if, in the opinion of the judge or person presiding over the proceedings, the witness proves adverse, that party may
(a) contradict the witness by other evidence, or
(b) subject to subsection (2) and by leave of the judge or person presiding, prove that the witness made at other times a statement inconsistent with the present testimony of the witness.

(2) Before giving the proof referred to in subsection (1) (b),
(b) the witness must be asked whether or not the witness made the statement. 17 A witness who is unable to speak may give his or her evidence in any other manner that is intelligible. 18 (1) An official reporter or court recorder may be appointed to report or record the evidence and proceedings in the Provincial Court or before a justice and the notes taken or recording made at any proceeding by the reporter or recorder is the record of the evidence offered in the court or before the justice.

(2) An official reporter or court recorder must take the following oath before the Provincial Court and the oath must be filed in the office of the court clerk or with the court:
I,................, swear that I will faithfully and accurately, to the best of my skill and ability, report or record the proceedings in each case or matter in which it is my duty to act as reporter or recorder and will transcribe or have transcribed, my notes, or the record of them, should that be required. So help me God. (3) No further oath is required to be administered to an official reporter or court recorder for proceedings in the court or before a justice.

19 The Lieutenant Governor in Council may
(a) make regulations for the use of sound recording apparatus in the recording of evidence and statements in the courts of British Columbia,
(a.1) make regulations respecting what constitutes the official record of a court proceeding and respecting evidence recorded in, amendment of and supplements to the official record,
(b) authorize the use of any type, make or model of apparatus, and
(c) make different regulations to be applicable in cases under different statutes, either of British Columbia or of Canada. 20 (1) In this section, "presiding officer" includes,
(a) in a proceeding in which evidence is taken, the judge, and
(b) in any other case, a person having by law the authority to administer an oath.

(2) For all purposes for which an oath is required by law, a person may, instead of taking an oath, make a solemn affirmation in the prescribed form. (3) If, in the opinion of the presiding officer, it is not reasonably practicable without inconvenience or delay to administer an oath to a person in the form or manner appropriate to the person's religious beliefs, the person must, despite any other enactment or law, make a solemn affirmation in the prescribed form. (4) A solemn affirmation in the prescribed form has the same force and effect as an oath. (5) The Lieutenant Governor in Council may prescribe the form of a solemn affirmation and may prescribe different forms for different purposes.

21 If a person has taken an oath, the following facts do not affect the validity of that oath:
(a) the person had, at the time, no religious belief;
(b) the form of oath customary for persons of his or her religious belief differs from the oath taken. 22 If a person to whom an oath is administered desires to swear with uplifted hand, in the form and manner in which an oath is usually administered in Scotland,
(a) the person must be permitted to do so, and
(b) the oath must be administered to the person in that form and manner without further question.

23 Every court and judge, and every person having by law or consent of parties authority to hear and receive evidence, may administer an oath to every witness who is legally called to give evidence before that court, judge or person. 24 (1) In this section, "Imperial Parliament" means the Parliament of the United Kingdom of Great Britain and Northern Ireland, or any former kingdom that included England, whether known as the United Kingdom of Great Britain and Ireland or otherwise.

(2) Judicial notice must be taken of all of the following:
(a) Acts of the Imperial Parliament;
(b) Acts of the Parliament of Canada;
(c) ordinances made by the Governor in Council of Canada;
(d) ordinances made by the Governor in Council, Lieutenant Governor in Council or Commissioner in Council of any province, colony or territory which, or some portion of which, forms part of Canada, and all Acts and ordinances of the Legislature of, or other legislative body or authority competent to make laws for, the province, colony or territory;
(e) Acts and ordinances of the Legislature of, or other legislative body or authority competent to make laws for, any dominion, empire, commonwealth, state, province, colony, territory, possession or protectorate of Her Majesty;
(f) regulations published in the Gazette.

(a) all dominions, empires, commonwealths, states, provinces, colonies, territories, possessions and protectorates now existing and those constituted at some time in the future, and
(b) ordinances and Acts that are made or enacted
24.1 (1) Judicial notice must be taken of the laws of a treaty first nation, the Nisg̱a'a Nation or a Nisg̱a'a Village. (2) A document purporting to be a copy of a law of a treaty first nation that has been published in the manner required under the final agreement must be admitted in evidence as proof of the law and its enactment.

(3) A document purporting to be a copy of a Nisg̱a'a law that has been published in the manner required under the Nisg̱a'a Final Agreement must be admitted in evidence as proof of the law and its enactment.

"British possession" includes every dominion of Her Majesty other than Canada and the United Kingdom of Great Britain and Northern Ireland;
"dominion" includes kingdom, empire, republic, commonwealth, state, province, territory, colony, possession and protectorate and, where parts of a dominion are under both a central and a local legislature, includes all parts under the central legislature and each part under a local legislature;
"federal" means, as applied to state documents, of or pertaining to Canada;
"foreign state" includes every dominion other than the Canada, United Kingdom of Great Britain and Northern Ireland or a British possession;
"imperial" means, as applied to state documents, of or pertaining to the United Kingdom of Great Britain and Northern Ireland, or any former kingdom that included England whether the former kingdom was known as the United Kingdom of Great Britain and Ireland or otherwise;
"legislature" includes any legislative body or authority competent to make laws for a dominion;
"province" has, if used in respect of federal or provincial state documents, a corresponding meaning to "provincial";
"provincial" means, as applied to state documents, of or pertaining to any province, colony or territory which, or some portion of which, forms part of Canada;
"Queen's Printer" includes the government printer or other official printer;
"state document" includes any Act or ordinance enacted or made or purporting to have been enacted or made by a legislature, and any order, regulation, notice, appointment, warrant, licence, certificate, letters patent, official record, rule of court or other instrument issued or made or purporting to have been issued or made under any Act or ordinance so enacted or made or purporting to have been enacted or made, and any official gazette, journal, proclamation, treaty or other public document or act of state issued or made or purporting to have been issued or made.

(2) The definitions in subsection (1) apply to all dominions, kingdoms, empires, republics, commonwealths, states, provinces, territories, colonies, possessions and protectorates that
(b) existed at any time before now, or
(c) are constituted any time after now.

(3) The existence and the contents, in whole or in part, of an imperial state document may be proved
(a) in the same manner as they may be provable in a court in England,
(b) by producing a copy of the Canada Gazette or a volume of the Acts of the Parliament of Canada purporting to contain a copy of or an extract from it or a notice of it,
(c) by producing a copy of it or an extract from it purporting to be printed by the Queen's Printer for Canada or for a province of Canada,
(d) by producing a copy of it or an extract from it purporting to be
(i) certified as a true copy or extract by the minister, head, deputy minister or deputy head of a ministry or department of the imperial government, or
(ii) an exemplification of it under the imperial Great Seal, or
(e) by producing a copy of it or an extract from it purporting to be certified as a true copy or extract by the custodian of the original document or of the public records from which the copy or extract purports to be made.

(4) The existence and the contents, in whole or in part, of a federal or provincial state document may be proved by producing
(ii) the official gazette for a province,
(iii) a volume of the Acts of the Parliament of Canada, or
(iv) a volume of the Acts of the legislature of a province,
purporting to contain a copy of the state document or an extract from it or a notice of it,
(b) a copy of it or an extract from it purporting to be printed by the Queen's Printer for Canada or for a province,
(c) a copy of it or an extract from it, whether printed or not, purporting to be
(i) certified as a true copy or extract by
(A) the minister, head, deputy minister or deputy head of a ministry or department of the government of Canada or of a province, or
(B) the custodian of the original document or of the public records from which the copy or extract purports to be made, or
(ii) an exemplification of the state document under the Great Seal of Canada or of a province,
and the federal or provincial state document proved must be judicially noticed.

(5) The existence and the contents, in whole or in part, of a state document of a British possession or foreign state may be proved by producing a copy of it or an extract from it,
(a) purporting to be printed by the legislature, government, Queen's Printer, government printer or other official printer of the British possession or of the foreign state,
(b) whether printed or not, purporting to be certified as a true copy or extract by
(i) the minister, head, deputy minister or deputy head of a department of government of the British possession or of the foreign state, or
(ii) the custodian of the original document or the public records from which the copy or extract purports to be made, or
(c) purporting to be an exemplification of the state document under the Great Seal or other state seal of the British possession or of the foreign state.

(6) It is not necessary to prove
(a) the signature or official position of the person by whom the copy or extract, tendered in evidence under this section, purports to be certified, or
(b) that the original document or the public records from which the copy or extract purports to be made were deposited or kept in the custody of the person certifying. (7) If a copy or extract, tendered in evidence under this section, purports to be printed by a legislature, government, Queen's Printer, government printer or other official printer, it is not necessary to prove the authority, status or official position of the legislature, government, Queen's Printer, government printer or other official printer.

26 (1) In this section, "evidence of a proceeding or record" refers to evidence of a proceeding or record of, in or before
(a) a court in the United Kingdom,
(b) the Supreme or Federal Courts of Canada,
(c) a court, justice or coroner in a province of Canada,
(d) a court in a British Colony or possession,
(e) a court of record of the United States,
(f) a court of record of a state of the United States, or
(g) a court of record of any other foreign country.

(2) Evidence of a proceeding or record may be given in any action or proceeding in British Columbia by an exemplification or certified copy of it, purporting to be under the seal of the court or under the hand or seal of the justice or coroner, as the case may be, without any proof of the authenticity of the seal or of the signature of the justice or coroner or further proof.

(3) If a court, justice or coroner referred to in subsection (2) has no seal, and so certifies, evidence of a proceeding or record may be given by a copy purporting to be certified under the signature of a judge or presiding magistrate of the court or of the justice or coroner, without any proof of the authenticity of the signature or further proof. 27 A document purporting to bear the signature of a judge of a court in British Columbia, either in his or her capacity as a judge or as a persona designata, is admissible in evidence without proof of the signature, authority or official capacity of the judge appearing to have signed the document.

28 (1) If the original record, including a document, bylaw, rule, regulation, proceeding or entry in a register or book of a municipality, regional district or other corporation created by charter or by a statute of Canada or a province, could be admitted in evidence, a copy of that record that
(a) purports to be certified under the seal of the corporation, and
(b) purports to be signed by the local government corporate officer or the presiding officer, clerk or secretary of the corporation
is admissible in evidence without further proof of the record or proof of the seal, signature or official position of the person signing the copy.

(2) If the original record, including a document, bylaw, rule, regulation, proceeding or entry in a register or book of a municipality or regional district could be admitted in evidence, a copy of that record that purports to be certified a true copy by the local government corporate officer is admissible in evidence without further proof of the record or proof of the signature or official position of the person signing the copy.

29 (1) If a book or document is of so public a nature that it would be admissible in evidence merely by producing it, and no other statute exists making its contents provable by providing a copy of it, a copy of it or an extract from it, certified as true by the officer entrusted with the custody of that book or document, is admissible in evidence in any court or before a person having, by law or by consent of parties, authority to hear, receive and examine evidence.

(2) The officer referred to in subsection (1) must furnish the certified copy or extract to any person who
(a) applies for it at a reasonable time, and
(b) pays a sum not exceeding 10¢ for every folio of 100 words. 30 (1) Proof is not required of the handwriting or official position of a person certifying, under this Act, to the truth of a copy of or extract from a proclamation, order, register, bylaw, rule, regulation, appointment, book or other document. (2) Proof is not required of the handwriting, authority or official position of a person whose signature is on a document kept or issued under the authority of an enactment of British Columbia.

31 An order in writing, signed by the Secretary of State for Canada and purporting to be written by command of the Governor General, must be received in evidence as the order of the Governor General. 32 All copies of official and other notices, advertisements and documents printed in the Canada Gazette or in the British Columbia Gazette are evidence of the originals and of the contents of them.

33 A copy of an entry in a book kept in a department of the government of Canada or of the government of British Columbia must be admitted as evidence of the entry and of the matters, transactions and accounts recorded in it if it is proved by the oath or affidavit of an officer of the department that
(a) the book was, at the time the entry was made, one of the ordinary books kept in the department,
(b) the entry was made in the usual and ordinary course of business of the department, and
"court" means the court, judge, arbitrator, person or persons before whom a legal proceeding is held or taken;
"financial institution" means the Bank of Canada, the Business Development Bank of Canada, a ministry, department or agency of British Columbia or of Canada or an institution incorporated in Canada that accepts deposits of money from its members or the public, and includes a branch, agency or office of that bank, ministry, department, agency or institution;
"legal proceeding" means a civil proceeding or inquiry in which evidence is or may be given, and includes an arbitration.

(2) Subject to this section, a copy of an entry in a book or record kept in a financial institution, in a legal proceeding to which the financial institution is not a party, must be admitted as evidence of the entry and of the matters, transactions and accounts recorded in it.

(3) A copy of an entry in the book or record referred to in subsection (2) must not be admitted in evidence under this section unless it is first proved that
(a) the book or record was, at the time the entry was made, one of the ordinary books or records of the financial institution,
(b) the entry was made in the usual and ordinary course of business,
(c) the book or record is in the custody or control of the financial institution or its successor, and
(4) For the purposes of subsection (3), the proof may be given by the manager, accountant, former manager or former accountant of the financial institution or its successor, and may be given orally or by affidavit.

(5) Unless by order of the court made for special cause, a financial institution or officer of a financial institution, in legal proceedings to which the financial institution is not a party, is not compellable
(a) to produce a book or record, the contents of which can be proved under this section, or
(b) to appear as a witness to prove the matters, transactions and accounts recorded in the book or record. (6) On the application of a party to a legal proceeding, the court may order that the party be at liberty to inspect and take copies of entries in the books or records of a financial institution for the purposes of the proceeding.

(7) The person whose account is to be inspected under subsection (6) must be notified personally of the application at least 2 clear days before the hearing of the application, but if the court is satisfied that the person cannot be notified personally, the notice may be given by addressing the notice to the financial institution.

(8) The costs of an application to a court under this section and the costs of anything done or to be done under an order of a court made under this section are in the discretion of the court, which may order them or part of them to be paid to any party by the financial institution if those costs have been occasioned by default or delay on the part of the financial institution. (9) An order against a financial institution under subsection (8) may be enforced as if the financial institution were a party to the legal proceeding.

(10) A court must admit in evidence as proof that a person has no account in a financial institution, from which a cheque has been drawn by that person, a sworn affidavit of the manager or accountant of the financial institution setting out that
(a) he or she is the manager or accountant, as the case may be,
(b) he or she has carefully examined and searched the books and records to determine whether or not that person has an account with the financial institution, and
(c) he or she has been unable to find the account. (11) Holidays must be excluded from the computation of time under this section.

"person" includes
(a) the government of Canada or a province, and a ministry or department, commission, board or branch of that government,
(c) the heirs, executors, administrators or other legal representatives of a person;
"photograph" includes photographic film, prints, electronic images, reductions and enlargements, microphotographic film and photocopies. (2) Subject to subsection (2.1), a photograph, taken in the course of an established practice in order to keep a permanent record of a bill of exchange, promissory note, cheque, receipt, instrument, agreement, document, plan, record, book or an entry in that book or record that is kept or held by a person, is admissible in evidence in all cases for all purposes that the object photographed would have been admissible.

(2.1) Nothing in subsection (2) requires the government or the court to provide or make available any equipment, facility or technology to allow or facilitate the introduction into evidence of any photograph in any form or format in which the photograph may be tendered as evidence. (3) A court may, in the interests of justice, refuse to admit a photograph in evidence under this section.

(4) Subsection (3) does not apply to a photograph tendered in evidence by one or more of the following persons:
(c) the registrar of a land title office;
(d) a regional district or an improvement district as defined in the Local Government Act;
(f) a board of school trustees constituted under the School Act;
(f.1) a francophone education authority as defined in the School Act;
(g) a regional hospital district as defined in the Hospital District Act. (5) A person having knowledge of the facts may give, orally or by affidavit, proof of compliance with this section.

36 (1) For the purposes of a document purporting to be a copy of a notarial act or instrument made, filed or registered in the Province of Quebec,
(a) the copy has the same force and effect as the original and must be received in evidence in place of the original if the copy purports to be certified by a notary or prothonotary as a true copy of the original in his or her possession unless it is proved that
(ii) the copy is not a true copy in some material particular, or
(iii) the original is not, by the law of the Province of Quebec, the type of instrument that may be
(B) filed, enrolled or registered by a notary in the Province of Quebec, and
(b) the copy must not be received in evidence at trial unless the party intending to produce it has, before the trial, given reasonable notice of that intention to the party against whom it is intended to be produced.

(2) The reasonableness of the notice under subsection (1) (b) is to be determined by the court, but in any case the notice must not be less than 10 days.

37 If it is necessary in an action to produce and prove an original will in order to establish a devise or other testamentary disposition of or affecting land,
(a) the party intending to establish the devise or disposition may give notice to the opposite party, at least 10 days before the trial or proceeding, of the intention to give in evidence at the trial or proceeding
(i) the probate of the will or a copy of that probate, stamped with the seal of the court granting it, or
(ii) the grant of administration with the will annexed or a copy of it, stamped with the seal of the court granting it,
(b) unless the party receiving a notice under paragraph (a), within 4 days of receipt, gives notice disputing the validity of the devise or disposition, each of the documents referred to in paragraph (a) (i) and (ii) are sufficient evidence of the will, its validity and contents even though the will may not have been
(ii) declared valid in a contentious cause or matter, and
(c) if the original will is produced and proved, the court may direct which of the parties will pay the costs of it.

38 (1) If a person dies in any of Her Majesty's possessions outside British Columbia having made a will sufficient to pass land in British Columbia, purporting to devise, charge or affect that land and purporting to have been executed before at least 2 witnesses, for the purposes of a proceeding in a British Columbia court concerning that land,
(a) it is, without production of the original will, sufficient evidence of the will and of its contents and validity if the following are produced and notice of the intention to produce them is given to the opposite party at least one month before the date of their production:
(i) the probate of the will issued by the court in any of those possessions where the will was proved and remains filed;
(ii) a certificate of the judge, registrar or clerk of the court referred to in subparagraph (i), and
(b) the probate or certificate referred to in paragraph (a) must not be used if, on cause shown before the court, the court
(i) finds reason to doubt the sufficiency of the execution of the will to pass the land, and
(ii) makes a ruling or order disallowing the production of the probate.

(2) The certificate referred to in paragraph (a) (ii) is sufficient evidence of the facts stated in it and of the authority of the judge, registrar or clerk, without proof of the appointment, authority or signature of the person making the certificate.

39 An exemplification or a certified copy of an instrument or document deposited, filed, kept or registered in a land title office or a registry of the Supreme Court under the hand and seal of office of the registrar in whose office it is deposited, filed, kept or registered, must be received as evidence in a court in British Columbia of the original of the instrument or document, without proof of the signature or the seal, and without proof that the instrument or document was deposited, filed, kept or registered.

40 For the purpose of a record kept by or a document filed with the chief gold commissioner or a gold commissioner under the Mineral Tenure Act, copies of or extracts from the record or document, certified as true copies or extracts by the chief gold commissioner or gold commissioner, must be received in a court in British Columbia as evidence of the matters contained in them.

41 If it is necessary in an action to produce and prove an original instrument or document that has been registered or filed in a land title office or County Court office in order to establish the instrument or document and its contents,
(a) the party intending to prove the original may give notice to the opposite party, at least 10 days before the trial or proceeding, of the intention to give in evidence at the trial or proceeding a copy of the original certified by the registrar of that office under the registrar's hand and seal of office,
(b) unless the party receiving the notice under paragraph (a), within 4 days of receipt, gives notice disputing the validity of the original, the certified copy under paragraph (a) is sufficient evidence of the original and of its validity and contents, and
(c) if a party gives notice disputing the original under paragraph (b), the costs of producing and proving the original may be ordered by the court to be paid by the party as may be right.

41.1 (1) In this section and sections 41.2 to 41.4:
"electronic court document" means information that
(a) is recorded or stored on any medium in or by an electronic court system, and
(b) can be read or perceived by a person, or by a computer system or other similar device,
and includes a display, printout or other output of that information, other than a printout that has been manifestly or consistently acted on, relied on or used as the record of the information shown on the printout;
"electronic court system" means an electronic information or record system that is
(a) maintained by or on behalf of a court for the purposes of the administration of justice, including a court case management or tracking system, and
(b) designated under subsection (2) as an electronic court system.

(2) The Lieutenant Governor in Council may make regulations designating electronic information or record systems as electronic court systems. 41.2 (1) Sections 41.3 and 41.4
(a) apply only in respect to determining the admissibility of electronic court documents stored in or produced by an electronic court system, and
(b) do not modify the common law relating to the admissibility of records, except as set out in those sections. (2) Despite subsection (1) (a), in the event of an inconsistency or conflict between sections 41.3 and 41.4 and the provisions of any other enactment, the other enactment will prevail to the extent of the inconsistency or conflict.

41.3 (1) In this section, "secure electronic signature" means an electronic signature that is applied to a prescribed electronic record
(a) by a prescribed person, and
(b) in accordance with any prescribed terms, conditions or restrictions. (2) If an electronic court document is accompanied by a secure electronic signature, the electronic court document is presumed, in the absence of evidence to the contrary, to have been signed by the person who is identified in, or can be identified through, the secure electronic signature.

(3) For the purposes of this section, the Lieutenant Governor in Council may make regulations
(a) prescribing classes of persons who may apply electronic signatures to electronic records,
(b) prescribing the classes of electronic records to which electronic signatures may be applied,
(c) respecting terms, conditions or restrictions relating to the application of electronic signatures to electronic records, and
(d) conferring a discretion in respect to the matters set out in paragraphs (a) to (c).

41.4 Despite any rule to the contrary, an electronic court document is admissible in evidence unless, on cause shown before the court, the court has reason to doubt the integrity of the electronic court document, either because reliable encryption techniques were not used to support the making of the electronic court document or for another reason. "business" includes every kind of business, profession, occupation, calling, operation or activity, whether carried on for profit or otherwise;
"document" includes any device by means of which information is recorded or stored;
"statement" includes any representation of fact, whether made in words or otherwise.

(2) In proceedings in which direct oral evidence of a fact would be admissible, a statement of a fact in a document is admissible as evidence of the fact if
(a) the document was made or kept in the usual and ordinary course of business, and
(b) it was in the usual and ordinary course of the business to record in that document a statement of the fact at the time it occurred or within a reasonable time after that. (3) Subject to subsection (4), the circumstances of the making of the statement, including lack of personal knowledge by the person who made the statement, may be shown to affect the statement's weight but not its admissibility.

(4) Nothing in this section makes admissible as evidence a statement made by a person interested at a time when proceedings were pending or anticipated involving a dispute as to a fact that the statement might tend to establish. (5) For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible by this section must not be treated as corroboration of evidence given by the maker of the statement.

43 (1) If it is necessary in an action or proceeding to prove the original of a telegram, letter, shipping bill, bill of lading, delivery order, receipt, account or other written instrument used in business and other transactions, the party intending to prove the original may give notice to the opposite party, at least 5 days before the trial or proceeding, of the intention to give in evidence at the trial or proceeding, as proof of the contents, an instrument purporting to be a copy of the document. (2) The copy referred to in subsection (1) may be inspected by the opposite party at some convenient time and place.

(3) Unless the party receiving the notice under subsection (1), within 4 days of the time mentioned in the notice for inspection, gives notice disputing the authenticity of the copy and the intention to require proof of the original, the copy is, without further proof, sufficient evidence of the contents of the original and must be accepted and taken in place of the original. (4) The court may, on the production or proof of the original, direct which of the parties will pay the costs of the production or proof according to the rules of evidence existing before now.

44 If attestation of an instrument is not required, it is not necessary to prove its validity by any attesting witness, and the instrument may be proved by admission or otherwise, as if there had been no attesting witness to it. 45 Comparison of disputed writing with writing proved to the satisfaction of the court to be genuine must be permitted to be made by a witness, and the writing and the evidence of witnesses about it may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.

46 A court, judge, commissioner or other person acting or officiating judicially, who admits a document in evidence because of this Act, may direct the document to be impounded and kept in the custody of an officer of that court or other person for a period and subject to conditions that that court or other person who admits the document thinks proper or until a further order about it is made by that court or the court to which the officer belongs or, as the case may be, until a further order has been made by that commissioner or other person acting or officiating judicially or by the Supreme Court on application made for that purpose.

47 (1) Subject to subsection (3), if the registrar of titles or any district registrar of the Supreme Court or a Clerk of the Peace produces on subpoena an original document for the purpose of a proceeding, the original document is not to be deposited in the court.

(2) If the document is needed for subsequent reference or use because of judgment being postponed or for some other reason,
(a) a copy of all or part of the document, as the judge thinks necessary, that is certified by the officer producing the document or otherwise proved, must be marked and filed as an exhibit instead of the original, and
(b) in addition to ordinary fees, the officer referred to in paragraph (a) must receive the fee prescribed by the Lieutenant Governor in Council for a certified copy before the copy is delivered, marked, or filed, and the officer must pay those fees into the consolidated revenue fund.

(3) If there is a question about the authenticity of the document referred to in subsection (1), and the judge thinks it necessary for that or any other reason to detain the original and makes an order to that effect setting out the reason,
(a) the order must be delivered to the officer producing the document, and
(b) the exhibit must be retained in court and marked and filed.

48 The production of a printed copy of a newspaper in any proceeding or matter to which this Act applies is evidence that a notice or advertisement contained in it was inserted, advertised and published in that newspaper by the person by whom, or on whose behalf, or in whose name the notice or advertisement purports or appears to be inserted, advertised or published.

49 In any proceeding or matter to which this Act applies, the production of a printed or mimeographed leaflet, pamphlet, circular or advertisement containing the name of a person by whom or on whose behalf it purports to have been printed, mimeographed, published, circulated or distributed, is evidence that the leaflet, pamphlet, circular or advertisement was printed, mimeographed, published, circulated or distributed, as the case may be, by or on behalf of that person.

50 The production of a certificate that
(a) states that the person named in the certificate was a member of Her Majesty's forces and that that named person has been officially reported as dead or presumed to be dead, and
(i) the Adjutant General, Deputy Adjutant General or Officer in Charge of Records, Militia Service, Department of National Defence, if the named person was a member of Her Majesty's military forces,
(ii) the Naval Secretary, Naval Service, Department of National Defence, if the named person was a member of Her Majesty's naval forces,
(iii) the Officer in Charge of Records, Air Service, Department of National Defence, if the named person was a member of Her Majesty's air forces, or
(iv) an Officer of Her Majesty's naval, military or air forces who is authorized to sign in this respect, if the named person was a member of any of Her Majesty's forces,
is sufficient proof, for any purpose to which the authority of the Legislature extends, of the death of that named person and of all facts stated in the certificate and also of the office, authority and signature of the person making the certificate, without any proof of the person's appointment, authority or signature.

"board of management" means a board of management as defined in the Hospital Act or the board of directors as defined in the Emergency Health Services Act;
"committee" means any of the following:
(a) a medical staff committee within the meaning of

section 41 of the Hospital Act;
(b) a committee that is established or approved by the board of management of a hospital, that includes health care professionals employed by or practising in that hospital and that, for the purposes of improving medical or hospital practice or care in that hospital, or during transportation to or from that hospital,
(i) carries out or is charged with the function of studying, investigating or evaluating the medical or hospital practice of, or care provided by, health care professionals in that hospital or during transportation to or from that hospital, or
(ii) studies, investigates or carries on medical research or a program;
(b.1) a committee that is established or approved by the boards of management of 2 or more hospitals, that includes health care professionals employed by or practising in any of those hospitals and that, for the purposes of improving medical or hospital practice or care in those hospitals, or during transportation to or from those hospitals,
(i) carries out or is charged with the function of studying, investigating or evaluating the medical or hospital practice of, or care provided by, health care professionals in those hospitals or during transportation to or from those hospitals, in relation to a matter of common interest among those hospitals, or
(ii) studies, investigates or carries on medical research or a program in relation to a matter of common interest among those hospitals;
(c) a group of persons who carry out medical research and are designated by the minister by regulation;
(d) a group of persons who carry out investigations of medical practice in hospitals and who are designated by the minister by regulation;
"health care professional" means
(a) and (b) [Repealed 2006-23-1.]

(d.1) an emergency medical assistant as defined in the Emergency Health Services Act,
(e) a person registered as a member of a college within the meaning of the Health Professions Act, or
(g) a member of another organization that is designated by regulation of the Lieutenant Governor in Council;
"hospital" means a hospital as defined in the Hospital Insurance Act and includes
(a) a hospital as defined in the Hospital Act,
(a.1) the corporation as defined in the Emergency Health Services Act, including any centres or stations established, equipped and operated by the corporation, and
(b) a Provincial mental health facility as defined in the Mental Health Act;
"legal proceedings" means an inquiry, arbitration, inquest or civil proceeding in which evidence is or may be given, and includes a proceeding before a tribunal, board or commission, but does not include any of the following proceedings:
(a) a proceeding before a board of management;
(b) a proceeding before a board or body connected with an organization of health care professionals, that is a hearing or appeal concerning the conduct or competence of a member of the profession licensed, certified, registered or represented by that organization;
(c) a proceeding in a court that is an appeal, review or new hearing of any matter referred to in paragraph (a) or (b);
"organization of health care professionals" means any of the following that are designated by regulation of the Lieutenant Governor in Council:
(a) an organization of health care professionals;
(b) a body or person that licenses, certifies or registers a class of health care professionals;
"witness" includes any person who, in the course of legal proceedings,
(a) is examined for discovery,
(b) is cross examined on an affidavit made by him or her,
(c) answers any interrogatories,
(d) makes an affidavit as to documents, or
(e) is called on to answer any question or produce any document, whether under oath or not.

(2) A witness in a legal proceeding, whether a party to it or not,
(a) must not be asked nor be permitted to answer, in the course of the legal proceeding, a question concerning a proceeding before a committee, and
(b) must not be asked to produce nor be permitted to produce, in the course of the legal proceeding, a record that was used in the course of or arose out of the study, investigation, evaluation or program carried on by a committee, if the record
(i) was compiled or made by the witness for the purpose of producing or submitting it to a committee,
(ii) was submitted to or compiled or made for the committee at the direction or request of a committee,
(iii) consists of a transcript of proceedings before a committee, or
(iv) consists of a report or summary, whether interim or final, of the findings of a committee.

(3) Subsection (2) does not apply to original or copies of original medical or hospital records concerning a patient. (4) A person who discloses information or submits a record to a committee for the purpose of the information or record being used in a course of study, an investigation, evaluation or program of that committee is not liable for the disclosure or submission if the disclosure or submission is made in good faith.

(5) A committee or any person on a committee must not disclose or publish information or a record provided to the committee within the scope of this section or any resulting findings or conclusion of the committee except
(a) to a board of management or, in the case of a committee described in paragraph (b.1) of the definition of "committee", to the boards of management that established or approved the committee,
(b) in circumstances the committee considers appropriate, to an organization of health care professionals, or
(c) by making a disclosure or publication
(i) for the purpose of advancing medical research or medical education, and
(ii) in a manner that precludes the identification in any manner of the persons whose condition or treatment has been studied, evaluated or investigated.

(6) A board of management or any member of a board of management must not disclose or publish information or a record submitted to it by a committee except in accordance with subsection (5) (c) or (6.1).

(6.1) If information or a record submitted by a committee to a board of management of a hospital includes information that the board of management considers relevant to medical or hospital practice or care in another hospital, or during transportation to or from another hospital,
(a) the board of management may disclose the information or record to the board of management of the other hospital, and
(b) the board of management of the other hospital must not disclose or publish the information or the record disclosed to it under paragraph (a), except in accordance with subsection (5) (c). (7) Subsections (5) to (6.1) apply despite any provision of the Freedom of Information and Protection of Privacy Act other than

section 44 (1) (b), (2), (2.1) and (3) of that Act. (8) Subsection (7) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for at least 100 years or to other information that has been in existence for at least 50 years. 52 (1) If it is alleged in a civil proceeding that a ceremony of marriage took place in British Columbia or another jurisdiction, either of the following is evidence that the ceremony took place:
(a) the evidence of a person present at the ceremony;
(b) a document purporting to be the original or certified copy of the certificate of marriage.

(2) If evidence of a ceremony of marriage is put forward for consideration under subsection (1), the marriage is deemed formally valid unless
(a) decisive evidence to the contrary is put forward for consideration, or
(b) because of the nature of the ceremony, or of the document, the court requires further evidence that the marriage is formally valid. (3) In the absence of decisive evidence to the contrary, a marriage deemed formally valid under subsection (2) is deemed to be essentially valid.

53 (1) If, on application, it is made to appear to the Supreme Court that a court or tribunal of competent jurisdiction in a foreign country has, by commission, order or other process, duly authorized obtaining the testimony of a witness outside of its jurisdiction but within the jurisdiction of the Supreme Court and the testimony relates to an action, suit or proceeding pending in or before the foreign court or tribunal, the Supreme Court may
(a) order the examination of the witness before the person appointed, and in a manner and form directed by the commission, order or other process,
(b) by the same order or a subsequent order, command either or both of the following:
(i) the attendance of the named witness for the purpose of being examined;
(ii) the production of any writing or other documents mentioned in the order, and
(i) the time, place and manner of the examination, and
(ii) all other matters connected with the examination that appear reasonable and just.

(2) An order made by the Supreme Court under subsection (1) may be enforced, and any disobedience of it punished, in the same manner as an order made by the Supreme Court in a cause pending in the Supreme Court. (3) A person whose attendance is ordered under this section is entitled to the same conduct money and payment for expenses and loss of time as on attendance at a trial in the Supreme Court.

(4) A person examined under the commission, order or other process referred to in subsection (1)
(a) has the same right to refuse to answer any questions that the witness would be entitled to refuse to answer in a cause pending in the Supreme Court, and
(b) is not compelled to produce at the examination any writing or document that the person would not be compellable to produce at the trial of the cause referred to in paragraph (a).

(5) If the commission directs, or the instructions of the court accompanying it direct, that the person to be examined must be sworn or must affirm before the commissioner or other person, the commissioner or other person has authority to administer an oath or affirmation to the person to be examined. 54 This Act is deemed to be in addition to and not in derogation of any powers of proving documents given by any other law. 55 A person may make a statement of fact, opinion, belief or knowledge by means of an affidavit. 56 (1) The Attorney General may appoint, by order, commissioners for taking affidavits for British Columbia.

(2) An appointment under subsection (1) may be made for a period and subject to restrictions, exceptions, terms and conditions that the Attorney General sets out in the order. 57 A person must not be appointed under

section 56 unless the person has paid to the government a fee prescribed by the Lieutenant Governor in Council. 58 (1) In this section, "trust council" has the same meaning as in the Islands Trust Act. (2)

Section 57 does not apply to the appointment of
(i) the government of British Columbia or Canada,
(ii) a municipality, a regional district or the trust council,
(iii) a treaty first nation, the Nisg̱a'a Nation or a Nisg̱a'a Village, or
(iv) a veterans' organization, or
(b) a person who is designated by regulation or is within a prescribed class of persons. (3) The Lieutenant Governor in Council may make regulations for the purposes of subsection (2) (b) of this section designating persons or prescribing classes of persons to whose appointment

section 61 and to any restrictions, exceptions, terms or conditions set out in an order under section 56, a commissioner for taking affidavits for British Columbia may, in or out of British Columbia, administer oaths and take affidavits, declarations and affirmations concerning
(a) any cause, proceeding, matter or thing before the Supreme Court or any other court in British Columbia;
(b) any matter in connection with which an oath, affidavit, affirmation, solemn declaration or statutory declaration is permitted, authorized or required by law to be sworn, affirmed, declared or made.

60 The following persons are, because of their office or employment, commissioners for taking affidavits for British Columbia:
(a) a judge of a court in British Columbia;
(c) registrars, deputy registrars, district registrars and deputy district registrars of the Supreme Court;
(d) practising lawyers as defined in

section 1 (1) of the Legal Profession Act;
(f) the local government corporate officer and that person's deputy;
(h) the secretary treasurer of a board of school trustees;
(h.1) the directeur général of a francophone education authority as defined in the School Act;
(j) government agents and deputy government agents;
(l) other classes of office holder or employment the Attorney General prescribes.

60.1 The following persons are commissioners for taking affidavits for British Columbia only for the purposes of exercising the powers and performing the duties of their office:
(a) members of the Royal Canadian Mounted Police who are peace officers and are located in British Columbia;
(b) designated constables, provincial constables and municipal constables as defined in the Police Act;
(c) other individuals or classes of individuals who are officers as defined in the Police Act and who are designated by regulation of the Attorney General for the purposes of this section.

61 (1) The following persons are commissioners for taking affidavits for British Columbia only for the purposes of exercising the powers and performing the duties delegated to them under the following Acts:
(a) for the Adoption Act, each person to whom a director of adoption under that Act has delegated powers or duties, except an administrator as defined in

section 1 of that Act;
(b) for the Child, Family and Community Service Act, each person to whom a director under that Act has delegated powers or duties;
(b.1) for the Early Learning and Child Care Act, each person to whom the minister has delegated powers or duties under that Act;
(c) for the Employment and Assistance Act, each person to whom the minister has delegated powers or duties under that Act;
(e) and (f) [Repealed 2021-22-29.] (g) for the Employment and Assistance for Persons with Disabilities Act, each person to whom the minister has delegated powers or duties under that Act.

(2) If the powers and duties delegated to a person referred to in subsection (1) are revoked, that person ceases to be a commissioner for taking affidavits for British Columbia. 62 (1) Whether or not the appointment was made under this or any other Act, the Attorney General may, by order, revoke the appointment of any of the following:
(a) a commissioner for taking affidavits for British Columbia;
(b) a commissioner for taking affidavits within British Columbia appointed before April 1, 1960;
(c) a special commissioner for taking affidavits within British Columbia appointed before April 1, 1960;
(d) a commissioner for taking affidavits in and for the courts of British Columbia appointed before April 1, 1960.

(2) The Attorney General may, by order, discontinue for the period as may be designated in the order the application of sections 60 and 61 to any person or group of persons.

63 Oaths, affidavits, affirmations or statutory declarations administered, sworn, affirmed or made in any other province or any country other than Canada before
(a) a magistrate or an officer of a court of justice, a judge or a commissioner authorized to administer oaths in the courts of justice of that province or country, as the case may be,
(b) the mayor or chief magistrate of any city, borough or town corporate, certified under the seal of the city, borough or town corporate, as the case may be,
(c) an officer of any of Her Majesty's diplomatic or consular services exercising the officer's functions in any country other than Canada, including an ambassador, envoy, minister, chargé d'affaires, counsellor, secretary, attaché, consul general, consul, vice consul, proconsul, consular agent, acting consul general, acting consul, acting vice consul and acting consular agent,
(d) an officer of the Canadian diplomatic and consular service exercising the officer's functions in any country other than Canada, including, in addition to the diplomatic and consular officers under paragraph (c), a high commissioner, permanent delegate, acting high commissioner, acting permanent delegate, counsellor and secretary,
(e) a Canadian government trade commissioner or an assistant Canadian government trade commissioner exercising his or her functions in any country other than Canada,
(f) a notary public acting in the territorial limits of the notary's authority, certified under the notary's hand and official seal, or
(g) a commissioner authorized by the laws of British Columbia to take affidavits,
are as valid and effectual, and have the same force and effect as if the oath, affidavit, affirmation or statutory declaration had been administered, sworn, affirmed or made in British Columbia before a commissioner for taking affidavits or other competent authority of the same nature.

64 All commissioned officers of Her Majesty's naval, military and air forces of Canada on active service in or out of Canada and all Agents General for British Columbia are empowered to administer oaths and take and receive affidavits, declarations and affirmations in or out of British Columbia for use in British Columbia. 65 (1) A document purporting to have affixed, impressed or subscribed on it or to it
(i) a commissioner for taking affidavits for British Columbia,
(ii) a commissioner for taking affidavits within British Columbia,
(iii) a special commissioner for taking affidavits within British Columbia,
(iv) a commissioner for taking affidavits in and for the courts of British Columbia, or
(v) a person designated in

section 63 (b) together with the signature of the mayor or chief magistrate of the city, borough or town corporate, or
(c) the seal, if any, and signature of any other person designated in

section 63,
in testimony of an oath, affidavit, affirmation or declaration having been administered, sworn, made or affirmed by or before him or her, is as valid and effectual as if effected in British Columbia before a commissioner appointed under

section 56, and must be admitted in evidence without proof of the signature or, as the case may be, seal and signature, or of the official position of the person. (2) Subsection (1) applies even though the person whose signature is subscribed in testimony of an affidavit having been sworn is the solicitor or the partner, associate, agent or clerk of the solicitor for the deponent or for the party on whose behalf the affidavit is to be used, and a provision of a statute, rule or regulation inconsistent with this subsection is inoperative. 66 An affidavit or affirmation referred to above may be read and made use of in a court of British Columbia, and has the same force as if taken in open court.

67 A defect, by misdescription of parties or otherwise, in the title or jurat of an affidavit, or an irregularity in the form of an affidavit, affirmation or declaration, does not prevent its reception in evidence if the court, judge or other officer before or to whom it is tendered thinks its receipt is proper, and the court, judge or other officer may direct a memorandum to be made on the document that it has been so received.

68 An affidavit, affirmation or declaration that
(a) is required by an insurer authorized by law to do business in British Columbia, and
(b) relates to loss of or injury to person, property or life insured or assured by that insurer,
may be taken before a commissioner or other person authorized to take affidavits.

69 A gold commissioner, mayor or commissioner authorized to take affidavits, or any other person authorized by law to administer an oath in any matter, may receive the solemn declaration of any person voluntarily making it before him or her in attestation of the execution of any writing, deed or instrument, or of the truth of any fact, or of any account rendered in writing, in the following words:
I, A.B., solemnly declare that [state the facts declared to], and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.

"court" means the Supreme Court;
"family matter" means a cause of action that is, under an Act, commenced or capable of being commenced in a court and concerns
(a) the guardianship or custody of, support or maintenance for, parenting time of, contact with, or access to a child by a parent or guardian,
(b) the support or maintenance of a person by a spouse, or
(c) the division or redistribution of real or personal property between members of a family;
"judge" means a judge of the Provincial Court of British Columbia.

(2) For the purposes of this section and an inquiry, report or recommendation made under this section, "child", "family", "parent" and "spouse" mean a child, family, parent and spouse as defined in the Act under which the family matter is commenced or is capable of being commenced in a court, and if a word is not defined in that Act, the word bears its ordinary legal meaning. (3) A judge may inquire into and submit to a court a report and recommendations concerning a family matter even though a proceeding concerning a family matter is not commenced in a court at the time of the judge's inquiry. (4) The Lieutenant Governor in Council may prescribe the form of a report under subsection (3).

(5) A report under subsection (3) signed by a judge, or a copy of a report certified by a judge or clerk of the Provincial Court of British Columbia, is, in any proceeding before a court, evidence of the facts stated and recommendations made in the report, and of the authority of the judge or clerk without proof of his or her appointment, authority or signature, but the evidence may be rebutted by other evidence.

(6) Unless a judge otherwise orders, a report under subsection (3) must not be used as evidence in a court unless the person intending to use the report as evidence serves, at least 48 hours before the time the person intends to so use the report, a copy of the report on every party to the proceeding in which the report is to be used.

"conviction" means a conviction
(a) that is not subject to appeal or further appeal, or
(b) for which no appeal is taken;
"finding of guilt" means the plea of guilty made before a court by a defendant to an offence or, as the case may be, the finding by a court that a defendant is guilty of an offence, and the court makes an order directing that the defendant be discharged for the offence either absolutely or on the conditions specified in a probation order, and
(a) the order directing the discharge is not subject to further appeal, or
(b) no appeal is taken in respect of the order directing the discharge,
and "found guilty" has a corresponding meaning.

(2) Subject to subsection (3), if
(a) a person has been convicted of or is found guilty of an offence anywhere in Canada, and
(b) the commission of that offence is relevant to any issue in an action,
proof of the conviction or the finding of guilt, as the case may be, is admissible in evidence to prove that the person committed the offence, whether or not that person is a party to the action. (3) If the action in subsection (2) is conducted before a jury, a party has the right to argue at trial, in the jury's absence, that introduction of the evidence referred to in subsection (2) would, in relation to its probative value, unduly influence the jury.

(4) Subsection (3) does not apply to actions for defamation. (5) A certificate containing the substance and effect of the charge and of the conviction or finding of guilt, as the case may be, purporting to be signed by
(a) the officer having custody of the records of the court in which the offender was convicted or found guilty, or
(b) a person authorized to act for the officer,
is, on proof of the identity of a person named in the certificate as the offender, sufficient evidence of the conviction of that person or the finding of guilt against that person, without proof of the signature or of the official position of the person purporting to have signed the certificate.

(6) If proof of the conviction or finding of guilt of a person is tendered in evidence under subsection (2) in an action for defamation, the conviction or finding of guilt of that person is conclusive proof that that person committed the offence. (7) If proof of a conviction or a finding of guilt is admitted in evidence under this section, the contents of the information, complaint or indictment relating to the offence for which the person was convicted or found guilty is admissible in evidence. (8) Subject to subsection (6), the weight to be given to the conviction or finding of guilt must be determined by the judge or jury, as the case may be.

72 (1) In a proceeding in which it is alleged that a person has been physically or sexually abused, the judge, justice or other presiding officer may order that that person testify outside the courtroom or behind a screen or other device that would allow that person not to see the person alleged to have committed the abuse if,
(a) at the time the proceeding commenced, the person alleged to have been abused has not reached age 19, and
(b) the judge, justice or other presiding officer thinks that the order is necessary to obtain a full and candid account of the alleged abuse from the person alleged to have been abused.

(2) A person referred to in subsection (1) must not testify outside the courtroom under that subsection unless
(i) any other party to the proceeding,
(ii) the judge, justice or other presiding officer, and
to watch the testimony of that person by means of closed circuit television or otherwise, and
(b) the person alleged to have committed the abuse is permitted to communicate with his or her counsel while watching the testimony. (3) Nothing in this section prevents a court from receiving evidence of a person referred to in subsection (1) of this section under and in accordance with

section 73. "court" means the court, judge, justice or other presiding officer before whom a proceeding is held or taken;
"proceeding" means a proceeding in the Court of Appeal, the Supreme Court or the Provincial Court. (2) A court may allow a witness to testify in a proceeding by means of closed circuit television or any other technology that allows the court, the parties and the witness to engage in simultaneous visual and oral communication, unless
(a) one of the parties satisfies the court that receiving the testimony in that manner would be contrary to the principles of fundamental justice, or
(b) the technology is not available for the proceeding.

(3) If a party objects to the court receiving evidence in the manner described in subsection (2), the court may consider any of the following circumstances:
(a) the location and personal circumstances of the witness;
(b) the costs that would be incurred if the witness had to be physically present;
(c) the nature of the evidence the witness is expected to give;
(d) any other circumstance the court considers appropriate.

(4) A party intending to call a witness to give evidence in a proceeding by means described in subsection (2) must
(a) give notice of that intention to the court before which the evidence is to be given and to all of the other parties, and
(b) pay all costs associated with the use of the technology unless otherwise ordered by the court. (5) Notice must be given under subsection (4) (a)
(a) at least 5 days before the witness is scheduled to testify in the proceeding, or
(b) if the court considers it appropriate in the circumstances, within some shorter period specified by the court.

(6) The court must require evidence under subsection (2) to be given
(a) under oath in accordance with the law of British Columbia,
(b) under oath in accordance with the law in the place in which the witness is physically present, or
(c) in another manner that demonstrates that the witness understands that he or she must tell the truth. (7) When a witness outside of British Columbia gives evidence under subsection (2), the evidence is deemed to be given in British Columbia, and given under oath in accordance with the law of British Columbia, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.

(8) Nothing in this section prevents a court from receiving evidence of a witness by means described in subsection (2) if the parties consent. Copyright © King's Printer, Victoria, British Columbia, Canada

section 50 of the Land Act;
means a person, including the government, empowered under an enactment to expropriate land;
"highway" means a highway as defined in the Land Title Act and includes a forest service road under

section 121 of the Forest Act;
"inquiry officer" means an inquiry officer appointed under

"owner", in relation to land, means
(a) a person who has an estate, interest, right or title in or to the land including a person who holds a subsisting judgment or builder's lien,
(b) a committee under the Patients Property Act,
(b.1) an attorney under Part 2 of the Power of Attorney Act,
(b.2) a guardian, executor, administrator or trustee in whom land is vested, or
(c) a person who is in legal possession or occupation of land, other than a person who leases residential premises under an agreement that has a term of less than one year;
"plan" means an explanatory plan as defined in the Land Title Act or a reference plan under that Act;
"registrar", except in reference to a registrar of the court, means a registrar as defined in the Land Title Act;
"security interest" means a charge on land, including a claim of lien filed under the Builders Lien Act, which charge is owned or held by a person as security for the payment of money.

2 (1) If an expropriating authority proposes to expropriate land, this Act applies to the expropriation, and, if there is an inconsistency between any of the provisions of this Act and any other enactment respecting the expropriation, the provisions of this Act apply. (1.1) Despite subsection (1), if there is an inconsistency between any of the provisions of this Act and the Nisg̱a'a Final Agreement, as defined in the Nisg̱a'a Final Agreement Act, the Nisg̱a'a Final Agreement applies. (1.2) Despite subsection (1), if there is an inconsistency between a provision of this Act and a provision of a final agreement, the provision of the final agreement applies.

(1.3) Despite subsection (1), if there is an inconsistency between a provision of this Act and a provision of either a regulation under

section 99 (1) (m.1) of the Energy Resource Activities Act or an order under section 76 (6) of that Act, the provision of the regulation or order prevails.

(2) This Act does not apply in respect of
(a) an entry on land for the purpose of exercising a power of inspection, investigation or enforcement in the course of administering an enactment,
(b) an entry on land under the authority of an enactment by a land surveyor or a person employed by a land surveyor for the purpose of conducting a survey, soil test or other examination, other than a survey, soil test or other examination conducted for the purpose of an expropriation,
(c) a right exercisable, without payment of compensation, under an exception or reservation to which the title to land is subject, or
(d) an entry on land under

section 20 of the Hydro and Power Authority Act or section 8 of the Transportation Act. (3) This Act does not apply to expropriations under the British Columbia Railway Act, the Railway Act and the Water Sustainability Act, except to the extent provided for in those Acts. (3.1) After the coming into force of this subsection, this Act does not apply to an expropriation under

section 11 (2) of the Park Act of an interest in land in the form of
(a) rights under a lease, as defined in the Mineral Tenure Act, of the recorded holder of the lease,
(b) rights under a lease, as defined in the Coal Act, of the lessee, or
(c) rights under a Crown granted 2 post claim of its owner. (4) This Act does not apply to replotting under the Municipal Replotting Act. (6) This Act does not apply to an expropriation under the Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act. (7) This Act does not apply in respect of the Canadian Pacific Railway (Stone and Timber) Settlement Act. (8) This Act does not apply to
(a) a designation of land under

section 101.2 of the School Act, or
(b) a transfer of title, or an application to transfer title, under

section 101.5 of the School Act. (9) This Act does not apply in respect of

section 125.4 of the Petroleum and Natural Gas Act. 3 (1) If an owner or, if there is more than one owner, all owners agree to transfer or dedicate land to an expropriating authority without expropriation, but cannot agree with the expropriating authority on the compensation to be paid,
(a) Parts 2 to 4, other than

section 20, do not apply,
(b) the court must determine the compensation to be paid to the owner as if the land had been expropriated under this Act, and
(c) unless the parties to the agreement otherwise agree, compensation must be determined effective the date the owner agreed to transfer or dedicate the land to the expropriating authority.

(2) An agreement under subsection (1) must be in writing and must state
(a) that the owner consents to the transfer or dedication,
(b) that compensation must be determined by the court,
(c) the date set for possession of the land,
(d) that the owner must take the necessary steps to transfer or dedicate the land to the expropriating authority, and
(e) that the expropriating authority must make an advance payment under

section 20. (3) If the agreement under subsection (1) is made so that the expropriating authority can construct, extend, widen or alter a highway, the owner must dedicate the land covered by the agreement, and
(a)

section 107 of the Land Title Act applies,
(b) if the agreement is with the minister responsible for the administration of the Ministry of Forests and Range Act,

section 121 (8) of the Forest Act applies, or
(c) if the agreement is with the minister responsible for the administration of the Transportation Act,

section 43 of the Transportation Act applies. (4) If, in respect of a partial taking of a fee simple interest in land,
(a) all owners have agreed to transfer the land to the expropriating authority and have agreed to the consideration to be paid for it, or
(b) an agreement has been made under subsection (1),

section 99 (1) (g) of the Land Title Act applies in respect of the transfer of the land to the expropriating authority. 4 (1) Subject to

section 5, an expropriating authority must not expropriate land unless
(a) an expropriation notice is served under

section 6 (1) (a), and
(b) the expropriation is approved by the approving authority under

section 18. (2) A person may not, in any proceedings under this Act, dispute the right of an expropriating authority to have recourse to expropriation. 5 (1) The Lieutenant Governor in Council may, on the application of the expropriating authority, order that an expropriation proceed without the approval and inquiry procedures if the Lieutenant Governor in Council considers that an emergency exists or undue delay in the project would result. (2) If an order is made under subsection (1), the Attorney General must report that fact to the Legislative Assembly at the earliest practicable opportunity. (3) If an order is made under subsection (1), sections 4, 6 and 10 to 18 do not apply to the expropriation.

(4) If an order is made under subsection (1), the minister charged with the administration of this Act must promptly inform the expropriating authority, and on being informed, the expropriating authority must, within 30 days of the making of the order,
(a) serve the order on each registered owner of the land to be expropriated, and
(b) file the order in the land title office.

(5) An order under subsection (1) must contain
(a) the name and address of the expropriating authority, and
Part 3 — Pre-expropriation Procedures
6 (1) An expropriating authority that intends to expropriate land must
(a) serve an expropriation notice on the approving authority and on each owner
(i) whose land is to be expropriated, and
(ii) whose interest in that land is recorded in the land title office, other than persons having an interest referred to in

section 23 (2) (b) or (c),
(b) serve on each owner referred to in paragraph (a) a copy of this Act,
(c) post or erect, on the land to be expropriated, a sign containing a copy of the expropriation notice or a summary of its contents, and
(d) file a copy of the expropriation notice in the land title office. (2) If the land to be expropriated is located outside of a municipality, the expropriating authority may, instead of posting or erecting the sign, publish a copy of the expropriation notice or a summary of its contents in a newspaper circulating in the area of the land affected. (3) If the owner is an individual, the expropriation notice must be served personally or by registered mail.

(4) The expropriation notice must contain
(a) the name and address of the expropriating authority and the approving authority,
(b) subject to paragraph (c), a plan of the land to be expropriated that is sufficient, in the opinion of the registrar, to identify the land in the records of the land title office,
(c) if the fee simple interest in the whole of a parcel is being expropriated, a legal description of the parcel,
(d) the purpose for which the expropriation is required,
(i) the land being expropriated is required for a limited time, or
(ii) a limited estate, right, title or interest in the land is required,
the time period, or the nature of the limited estate, right, title or interest that is being taken,
(f) a description of any charge in respect of which the expropriating authority intends to make a directive under

section 23 (2) (c), and
(g) other prescribed information. (5) If a person on whom a notice is required to be served under subsection (1) cannot be located, the expropriating authority may apply to the court for an order for substituted service. (6) The expropriating authority must serve a copy of the expropriation notice on all persons who have, at the time the expropriation notice is filed under subsection (1) (d), registered a caveat or a certificate of pending litigation against the land to which the expropriation notice relates. (b) an expropriation notice under

section 16 (2) or 18 (5),
the registrar must, without proof of the signature on or the authority of the order or notice, file the order or notice and make a note of it in the records of registered land and endorse it in the proper register. (2) After the filing of an order or notice under subsection (1), the registrar must not
(a) register another instrument affecting the land covered by the order or notice other than
(i) a court order affecting the land,
(ii) a judgment for the payment of money,
(iii) a notice filed under

section 2 (1) of the Land (Spouse Protection) Act,
(v) a caveat or a certificate of pending litigation,
(vi) a builder's lien or other instrument the application for registration of which was made before the order or notice was filed,
(vii) an easement, restrictive covenant or statutory right of way that does not affect any part of the land being expropriated, or
(viii) any other instrument that may be prescribed, or
(b) deposit a plan of subdivision or otherwise allow any change in the boundaries affecting the land covered by the order or notice.

8 (1) If an expropriating authority has the power to expropriate the interest of a person on land
(a) that is owned by the government, and
(b) the title to which is not registered under the Land Title Act,
the Lieutenant Governor in Council may make regulations that are considered necessary or advisable specifying the procedures that are to be followed in carrying out the expropriation in place of the procedures contained in this Part. (2) Without limiting subsection (1), the regulations may
(a) specify the form of the expropriation notice and the persons on whom it must be served,
(b) specify what provisions of this Part apply to the expropriation, and
(c) modify provisions of this Part as they relate to the expropriation.

9 (1) In addition to any other powers under an enactment, a person authorized by the expropriating authority may, before or after serving an order under

section 5 (4) (a) or an expropriation notice under section 6 (1) (a),
(a) during daylight hours, and
(b) after making reasonable efforts to notify the owner or occupier of the land,
enter any land for the purposes of
(c) making surveys, inspections, examinations, soil tests or doing other things that are necessary to determine
(i) the location of proposed works, or
(ii) the description of the land that the expropriating authority intends to expropriate, and
(d) completing an appraisal of the value of the land or any interest in it. (2) The person authorized may, on entering the land, cut down any trees or brush that obstructs the running of survey lines.

(3) The expropriating authority must pay compensation for damages that it causes by the exercise of its rights under this section. (4) When the land entered on is not expropriated, an action does not lie against the expropriating authority for damage caused by the exercise of a right of entry under this section unless notice in writing, signed by the claimant, is given to the expropriating authority who exercised the right of entry, within 6 months after the entry occurred. 10 (1) In this section, "linear development" includes a highway, a railway, a hydro or other electric transmission or distribution line, a pipeline or a sewer, water or drainage line or main.

(2) An owner whose land is included in an expropriation notice, other than an expropriation notice in respect of an expropriation for the construction, extension or alteration of a linear development, may request an inquiry by serving the minister with a notice of request for an inquiry. (3) A notice of request for an inquiry must
(b) contain the name and address of the person making the request, the person's interest in the land to be expropriated and the person's reasons for requesting an inquiry, and
(c) be served on the minister and the expropriating authority within 30 days after the date the expropriation notice is served under

section 6 (1) (a). 11 (1) The inquiry officer may, by order, refuse to hold a public inquiry if, on the application of the expropriating authority and after granting both parties the opportunity to be heard, the inquiry officer considers that
(a) the request for an inquiry is
(i) frivolous, vexatious or not made in good faith, or
(ii) based solely on a claim for compensation, or
(b) the person who requested the inquiry has, at a previous hearing or otherwise, already had substantially the same opportunity to object to the expropriation that the person would have at an inquiry under this Act.

(2) If the inquiry officer makes an order under subsection (1), the inquiry officer must promptly serve a copy of the order, together with the reasons for making it, on the person who requested the inquiry and on the expropriating authority. 12 (1) If the minister receives a request under

section 10, the minister must, within 21 days after service under section 10 (3) (c), appoint an inquiry officer who, subject to section 11, must hold a public inquiry. (2) The inquiry officer must set a date, that is not more than 21 days after the date of the inquiry officer's appointment, a time and a place for the inquiry and must serve notice of the date, time and place on
(a) the persons served under

section 6 (1) (a),
(b) the expropriating authority, and
(c) every person who served a notice of request under

section 10 whose request was not refused under section 11. (3) The participants in the inquiry are
(a) the expropriating authority or its authorized representative,
13 (1) Despite

section 12, before an expropriation notice is served by an expropriating authority, the minister may,
(a) on the application of the expropriating authority, and
(b) on being satisfied that a request for an inquiry will be made,
appoint an inquiry officer who must set a date, time and place for an inquiry sufficiently in advance to enable the expropriating authority to comply with subsection (2). (2) The expropriating authority must
(a) include in the expropriation notice a statement of the date, time and place set for an inquiry under subsection (1), and
(b) comply with

section 6 (1) in sufficient time to provide not more than 21 days between the date that section is complied with and the date set for the inquiry. (3) Subject to

section 11, if a notice has been given under this section, any person referred to in section 10 (2) may become a participant in the inquiry. 14 (1) Subject to

section 11, the inquiry officer must hold a public hearing for the purpose of inquiring into whether the proposed expropriation of the land is necessary to achieve the objectives of the expropriating authority with respect to the proposed project or work, or whether those objectives could be better achieved by
(b) varying the amount of land to be taken or the nature of the interest in the land to be taken. (2) The necessity for the project or work for which the expropriation is sought must not be considered at the inquiry. (3) The inquiry officer may combine 2 or more inquiries that are related and conduct them for all purposes as one inquiry.

(4) A participant in the inquiry may
(a) be represented by counsel or agent,
(b) present evidence and argument, and
(c) examine and cross examine witnesses and other participants in the inquiry. 15 An inquiry officer may
(a) add as a participant in the inquiry any person who the inquiry officer considers would be entitled to request an inquiry under

section 10 (2), and
16 (1) Before the conclusion of the inquiry, the expropriating authority may alter the expropriation by adding or deleting land from it. (2) If the expropriation is altered, the expropriating authority must file in the land title office an amended expropriation notice in accordance with

section 6 (4) and serve it on
(b) every participant in the inquiry,
(c) each owner of land added or deleted by the amendment, and
(3) A person served under subsection (2) (c) may become a participant in the inquiry, and the inquiry officer may adjourn the inquiry for a period not exceeding 30 days from the time the person was served. 17 Subject to an adjournment under

section 16 (3), unless the time is extended by the minister, an inquiry officer must, within 30 days after the first day of the inquiry, submit to the approving authority and every participant in the inquiry, a written report of the inquiry officer's findings of fact and recommendations with respect to the proposed expropriation. 18 (1) After considering the report submitted under

section 17, the approving authority must approve, approve with modifications or reject the expropriation, but an expropriation must not be modified so as to affect land of a person who was not a participant in the inquiry. (a) an inquiry is not requested or has been refused, or
(b) an owner is not, under

section 10 (2), entitled to request an inquiry,
the approving authority must
(c) approve the expropriation, and
(d) notify the expropriating authority and each owner of the approval in writing. (3) If an inquiry was held, the approving authority must, not later than 30 days after receiving the report submitted under

section 17, serve the approving authority's decision, with written reasons, on every participant and every owner of the land expropriated. (4) If a request for an inquiry is withdrawn, the approving authority may proceed as though the request had not been made. (5) If the approving authority modifies the expropriation under subsection (1), the expropriating authority must
(a) file in the land title office an amended expropriation notice in accordance with the modification, and

section 6 (4) applies, and
(b) notify each owner of the modified approval in writing and accompany the notice with a copy of the amended expropriation notice. (6) If the approving authority rejects the expropriation,
(a) the expropriating authority must file in the land title office a notice of cancellation in the prescribed form, and
(b) on receiving the notice of cancellation, the registrar must cancel the expropriation notice filed and endorsed under

section 7 (1). 19 (1) After the conclusion of the inquiry, or if an inquiry is not held, the expropriating authority may, before the advance payment is made under

section 20, abandon all or part of the intended expropriation. (2) If an abandonment occurs under this section, the expropriating authority must file in the land title office a notice of abandonment in the prescribed form and serve a copy of it on
(a) the approving authority, and
(b) each owner who was served with an expropriation notice under sections 6 (1) (a), 16 (2) (c) and 18 (5) (b). (3) On receiving a notice of abandonment under subsection (2), the registrar must cancel or amend the endorsement made under

section 7 (1). (4) If the expropriation is abandoned under subsection (1), the expropriating authority must pay
(a) compensation consisting of the damages suffered by an owner as a result of the initiation of the expropriation, and
(b) the reasonable legal, appraisal and other costs incurred by the owner up to the time of the abandonment, in an amount to be agreed on or determined by a registrar of the court. (a) an order is filed under

section 3 (1),
the expropriating authority must
(d) pay to the owner the amount the expropriating authority estimates is or will be payable to that owner as compensation, other than for business loss referred to in

section 34 (3), and
(e) serve on the owner a copy of all appraisal and other reports on which the payment is based. (2) A payment is deemed to be made under subsection (1) (d) at the time that the expropriating authority tenders the amount of the payment to or to the order of the owner in cash or by cheque, draft, telegraphic or electronic transfer or any other prescribed method.

(3) The appraisal report must be prepared by a person who has been accredited by an institute or body prescribed by the Lieutenant Governor in Council, must be reasonably detailed and must include
(a) a description of the land,
(b) the date of the valuation, which date must be within 6 months of the date of the endorsement by the registrar under

section 7 (1),
(c) factual data necessary for the value estimate and the reasoning on which the estimate is based,
(d) the zoning, the highest and best use of the land and any provisions of an official community plan under the Local Government Act that are relevant to a determination of the highest and best use, and
(e) the final estimate of the value of the land.

(4) If, before taking action under subsection (1), the expropriating authority is in doubt as to whether a person is an owner or, if an owner, as to the nature and extent of the owner's interest, it may apply to the court for
(a) a determination respecting the state of title to the land, and
(b) an order respecting the nature and extent of the interest of any owner of the land
for the purpose of determining to whom and in what amounts the payment proposed to be made by the authority under subsection (1) is to be distributed. (5) The expropriating authority must serve a copy of the application on all persons who it considers would be affected by the application.

(6) After hearing an application under subsection (4), the court may, in respect of the payment that the expropriating authority proposes to pay to an owner to comply with this section, order
(a) to whom and in what amounts payment must be made, or
(b) that money be paid into court to be paid out as the court may subsequently direct. (7) On complying with an order made under subsection (6), the expropriating authority is deemed to have complied with subsection (1). (8) To assist the expropriating authority in making payment under this section, an owner must, on the authority's request, provide the authority with any information relevant to estimate the compensation to which the owner is or will be entitled.

(9) An owner who withholds relevant information may be penalized by the court in costs and interest to which the owner would otherwise be entitled. (10) Payment and receipt of compensation under this section is without prejudice to the right of the owner who receives the compensation to have the amount determined in the manner provided for in this Act. (11) The court may, on application by the expropriating authority and on being satisfied that the authority cannot practicably comply with subsection (1), extend, subject to conditions the court considers appropriate, the period within which the payment is required to be made under that subsection.

(12) The expropriating authority may, at any time before 10 days before the beginning of a hearing to determine compensation, increase the amount of its advance payment made under subsection (1). 21 (1) If, within 2 years after filing the vesting notice under

section 23, the expropriating authority determines that the land is no longer required for its purposes, the authority must not, without the approval of the approving authority, dispose of the land without first offering it to the owner from whom the land was taken, or the owner's successor. (2) If an owner referred to in subsection (1) wishes to re-acquire the land expropriated, but cannot agree with the expropriating authority on the purchase price, the court must summarily determine the market value of the land as at the time of making the summary determination, and that amount is the purchase price.

(3) The costs of proceedings under this section must be borne by the parties, unless the court, in special circumstances, orders the expropriating authority or the owner to bear the costs of the other. (4) Part 7 of the Land Title Act applies to a re-acquisition under this section.

22 If, on the application of the expropriating authority, the court determines that an owner or tenant of land that is to be expropriated, or any other person acting on behalf of the owner or tenant, is doing anything on or to the land that the court considers will harm the condition of the land or anything on it with respect to the purposes for which the expropriating authority is expropriating it, the court may grant an injunction restraining the harmful activity. 23 (1) The expropriating authority must, within 30 days after it has complied with

section 20 (1) or an order under section 20 (6), file in the land title office, in accordance with the requirements of the Land Title Act, a vesting notice in the prescribed form, and, on filing the notice, the authority must serve a copy of it on the owner. (2) If a fee simple interest is expropriated, the registrar must file the vesting notice, and, on filing, the land expropriated vests in the expropriating authority free and clear of all charges, as defined in the Land Title Act, that are registered or endorsed against the lands covered by the order or notice filed under

section 7 (1) other than
(a) 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 government,
(b) a registered charge in respect of an interest in
(i) minerals, as defined in the Mineral Tenure Act,
(iii) petroleum, as defined in the Petroleum and Natural Gas Act, and
(c) a charge, specified in the vesting notice, that the expropriating authority directs the registrar not to cancel. (3) If an estate, right, title or interest less than the fee simple is expropriated,
(a) the estate, right, title or interest in the land covered by the order or notice filed under

section 7 (1) vests in the expropriating authority with priority over all charges, as defined in the Land Title Act, that are registered or endorsed against the land, and
(b) the registrar must register the estate, right, title or interest of the expropriating authority against the land that is affected by it. (4) If the order or notice filed under

section 7 (1) refers to land that is intended to become a highway, an indefeasible title must not be registered for the land covered by the order or notice, and the title to that land ceases to be registered under the Land Title Act. (5) If the order or notice filed under

section 7 (1) refers to land that is intended to become a park or a public square, subsection (4) applies unless the expropriating authority requests subsection (2) to apply. (6) Subject to an agreement between the owner and the authority, if subsection (2) or (3) has been complied with, the expropriating authority is entitled to possession of the land, whether or not it has served a copy of the vesting notice on the owner. (7) Despite subsection (6), the court may,
(a) on application by the expropriating authority made after it has complied with

(b) on the application of an owner made at any time after the owner is notified under

section 5 (4) or 18 but before the 30 day period in subsection (1) has expired,
grant possession of land expropriated to the authority at a time and subject to the conditions that the court considers appropriate. (8) If the expropriating authority is entitled to possession under this section and the owner of the land denies possession to the expropriating authority, the authority may apply to the court for an order for possession. 24 If an omission, misstatement or error has occurred in a plan contained in the order or notice filed under

section 7 (1), the expropriating authority may
(a) register in the land title office a plan replacing or amending the original, or
(b) have the plan corrected under

section 106 of the Land Title Act. Part 5 — Compensation Procedures
25 If an application is not made to the court to determine compensation within one year after payment is made under

section 20, the owner whose land was expropriated is deemed to have accepted that payment in full settlement of the owner's claim for compensation, and proceedings to determine compensation must not be brought by that owner. 26 (1) The court must determine
(a) compensation to be paid in respect of every agreement under

(b) compensation to be paid under sections 9 (3), 19 (4), 30 and 40, and
(d) compensation payable in respect of applications under

section 41 (3). (3) The court must make an order for the amount payable, together with interest, if the court determines that an owner is entitled to compensation in excess of
(a) the amount paid under

section 20, or
(b) any other amount paid by the expropriating authority on account of compensation. 27 (1) The Lieutenant Governor in Council may, by regulation, make rules governing the court's practice and procedure in a proceeding under this Act. (2) If there is any inconsistency or conflict between a rule made under subsection (1) and a rule made under the Court Rules Act, the rule made under subsection (1) prevails. Part 6 — Basis For Compensation
29 In this Part, "date of expropriation" means the date the vesting notice is filed in the land title office under

section 23. 30 (1) Every owner of land that is expropriated is entitled to compensation, to be determined in accordance with this Act. (2) If the amount of compensation determined under this Act is less than

(b) any other amount paid by the expropriating authority on account of compensation,
the court must order the amount of the difference as payable to the expropriating authority by the owner to whom the overpayment was made. (3) Nothing in this Part affects the limitations on compensation provided for by

section 121 of the Forest Act. 31 (1) The court must award as compensation to an owner the market value of the owner's estate or interest in the expropriated land plus reasonable damages for disturbance but, if the market value is based on a use of the land other than its use at the date of expropriation, the compensation payable is the greater of
(a) the market value of the land based on its use at the date of expropriation plus reasonable damages under

section 34, and
(b) the market value of the land based on its highest and best use at the date of expropriation. (2) If not included in the market value of land determined in accordance with

section 32, the following must be added to that market value:
(a) the value of a special economic advantage to the owner arising out of the owner's occupation or use of the land;
(b) the value of improvements made by an owner occupying a residence located on the land. (3) If there is more than one separate interest in the land expropriated, the value of each interest must, if practical, be established separately. 32 The market value of an estate or interest in land is the amount that would have been paid for it if it had been sold at the date of expropriation in the open market by a willing seller to a willing buyer.

33 In determining the market value of land, account must not be taken of
(a) the anticipated or actual purpose for which the expropriating authority intends to use the land,
(b) an increase in the value of the land resulting from a use that, at the date of expropriation, was capable of being restrained by a court,
(c) an increase in the value of the land resulting from improvements made to the land after the expropriation notice under

section 6 (1) (a) or order under section 5 (4) (a) has been served, but not including improvements that are necessary to preserve the value or state of the land,
(d) an increase or decrease in the value of the land resulting from the development or prospect of the development in respect of which the expropriation is made,
(e) an increase or decrease in the value of the land resulting from any expropriation or prospect of expropriation,
(f) an increase or decrease in the value of the land due to development of other land that forms part of the development for which the expropriated land is taken, or
(g) any increase or decrease in value of the land that results from the enactment or amendment of a zoning bylaw, official community plan or analogous enactment made with a view to the development in respect of which the expropriation is made.

34 (1) An owner whose land is expropriated is entitled to disturbance damages consisting of the following:
(a) reasonable costs, expenses and financial losses that are directly attributable to the disturbance caused to the owner by the expropriation;
(b) reasonable costs of relocating on other land, including reasonable moving, legal and survey costs that are necessarily incurred in acquiring a similar interest or estate in the other land.

(2) If a cost, expense or loss is claimed as a disturbance damage and that cost, expense or loss has not yet been incurred, either the claimant or the expropriating authority may, with the consent of the court, elect to have the cost, expense or loss determined at the time, not more than 6 months after the date of expropriation, that the cost, expense or loss is incurred.

(3) If an owner whose land is expropriated carried on a business on that land at the date of expropriation and, after the date of expropriation, relocates the business to and operates it from other land, reasonable business losses directly attributable to the expropriation must not, unless that person and the expropriating authority otherwise agree, be determined until the earlier of
(a) 6 months after the owner has operated the business from the other land, and
(b) one year after the date of the expropriation. (4) If the court determines that it is not feasible for an owner to relocate the owner's business, there may be included in the compensation that is otherwise payable, an additional amount not exceeding the value of the goodwill of the business.

35 (1) Unless an owner elects to be paid compensation in accordance with the other provisions of this Part, the market value of the owner's estate or interest in the land is deemed to be the reasonable cost of equivalent reinstatement if, at the date of expropriation,
(a) the land is used for a church, hospital, school or similar use for which there is no general demand or market, and
(b) the owner undertakes with the expropriating authority that it will relocate and continue the same use on other land.

(2) In determining the reasonable cost of equivalent reinstatement under subsection (1), depreciation of a building on the expropriated land must not be taken into account if the building was being used for the particular use referred to in subsection (1) on the date the expropriation notice under

section 6 (1) (a) or order under section 5 (4) (a) was served. (3) For the purposes of this section, the reasonable cost of equivalent reinstatement must be determined as of the date that the owner obtains, through purchase or construction, reasonably equivalent lands and improvements, but in no case later than one year after the date of expropriation. 36 (1) A lease is deemed to be frustrated if, at the date of expropriation,
(a) the entire interest or estate of a lessee in land is expropriated, or
(b) part of the interest or estate of a lessee in land is expropriated, and the expropriation renders the remaining interest or estate of the lessee unfit for the purposes of the lease.

(2) Subject to subsection (1), if part of the interest or estate in land of a lessee is expropriated, the obligation of the lessee to pay rent under the lease is, to the extent of the interest or estate expropriated, abated. (3) If there is an inconsistency between a provision of a lease and subsection (1) or (2), that subsection prevails. 37 If land subject to a security interest is expropriated, compensation must be determined in the manner and amounts prescribed.

38 (1) If expropriated land includes a residence that is
(a) occupied by a person who, in respect of that residence, would be entitled to a grant under the Home Owner Grant Act, and
(b) not being offered for sale by the person on the date the expropriation notice under

section 6 (1) (a) or order under section 5 (4) (a) was served on the person,
the person is entitled to be paid, in addition to the amount required to be paid to the person under

section 34, an amount equivalent to 5% of the market value of the person's estate or interest in that part of the land, not exceeding 0.5 ha, that is used personally by the person for residential purposes.

(2) If expropriated land includes a rental unit as defined in the Residential Tenancy Act or a manufactured home site as defined in the Manufactured Home Park Tenancy Act, a person who leases or occupies the unit or site under an agreement that has a term of less than one year is entitled to be paid
(a) an amount that is equivalent to 3 months' rent for the rental unit or manufactured home site, and
39 If land that is subject to a lease having a term greater than one year is expropriated, the lessee, whether or not the lessee is an occupant of the land, is entitled to reasonable disturbance damages in an amount to be determined by the court by having regard to
(a) the length of the term of the lease,
(b) the length of the unexpired term of the lease,
(c) any rights to renew or the reasonable prospect of renewal,
(d) the nature of the business, if any, carried out on the land under the lease, and
(e) the extent of the lessee's investment in the land that the lessee cannot reasonably recover.

section 44, if part of the land of an owner is expropriated, the owner is entitled to compensation for
(a) the market value of the owner's estate or interest in the expropriated land, and
(b) the following if and to the extent they are directly attributable to the taking or result from the construction or use of the works for which the land is acquired:
(i) the reduction in the market value of the remaining land;
(ii) reasonable personal and business losses. (2) If a person claims business losses under subsection (1), the losses must not, unless the person and the expropriating authority otherwise agree, be determined until at least 6 months after the loss was sustained.

(3) If part of the land is expropriated, the amount of compensation payable in respect of the matters referred to in subsection (1) (a) and (b) (i) may be established by determining the market value of the area of all of the land before the date of expropriation and subtracting from it the market value of the land remaining after the expropriation occurs, but in no case, subject to

section 44, must compensation be less than the amount determined by multiplying the ratio of the area of the land taken to the area of all of the land before it was taken, times the value of the land before it was taken with the appropriate reduction if the interest expropriated is an easement, right of way or similar interest less than the fee simple interest. (4) For the purposes of the second calculation referred to in subsection (3), the value of the land before it was taken is the value of the land only, having no regard to improvements on the land.

(5) If, in the case of a partial taking, the character and use, or potential use, of the land before it was taken varies such that the land that was taken was, before the taking, more valuable or less valuable than the average value of the land that was not taken, the court may, after making a determination under subsection (3), make an adjustment to reflect that value accordingly. (6) For the purposes of this section, expropriation of part of the land of an owner occurs only if
(a) the owner retains land contiguous to the expropriated land, or
(b) the owner owns land close to the land that was expropriated, the value of which was enhanced by unified ownership with the land expropriated.

41 (1) In this section, "injurious affection" means injurious affection caused by an expropriating authority in respect of a work or project for which the expropriating authority had the power to expropriate land. (2) The repeal of the Expropriation Act, R.S.B.C. 1979, c. 117, and the amendments and repeals in sections 56 to 128 of the Expropriation Act, S.B.C. 1987, c. 23, are deemed not to change the law respecting injurious affection if no land of an owner is expropriated, and an owner whose land is not taken or acquired is, despite those amendments or repeals, entitled to compensation to the same extent, if any, that the owner would have been entitled to had those enactments not been amended or repealed.

(3) An owner referred to in subsection (2) who wishes to make a claim for compensation for injurious affection must make the claim by applying to the court, and the court must hear the claim and determine
(a) whether the claimant is entitled to compensation, and
(b) if entitled to compensation, the amount of the compensation. (4) Without limiting any other provision of this section, the BC Transportation Financing Authority has no greater liability to compensate an owner for injurious affection than does the minister responsible for the administration of the Transportation Act. 42 (1) A claim for compensation under

section 41 (3) must be made in writing to the court by the person suffering the damage, with particulars of the claim, within one year after the damage
(b) became known to the person. (2) If a claim referred to in subsection (1) is not made in accordance with that subsection, the right to compensation is forever barred. 43 If an expropriating authority and an owner whose land is expropriated agree, the expropriating authority may grant to that owner, in complete or partial satisfaction of the owner's claim for compensation,
(b) an interest or estate in the expropriated land or other land.

44 (1) If part of the land of an owner is expropriated, and the expropriation or the construction or use of works by the expropriating authority are of special benefit to that owner or to the owner's remaining land beyond any general benefit to any other owner benefited by the expropriation or the construction or use, there must be deducted from the amount of compensation payable to that owner the estimated value of the benefit.

(1.1) If part of the land of an owner is expropriated, and the expropriation or the construction or use of the works for which the expropriated land was acquired are of any benefit to that owner, the estimated value of the benefit must be deducted from the amount of compensation otherwise payable to that owner, under

section 40 (1) (b) (i), for the reduction in the market value of the remaining land, whether or not any other owner is benefited by the expropriation of the expropriated land or by the construction or use of the works. (2) If works are not constructed or used within a reasonable period of time, the owner may apply to the court for an appropriate adjustment of compensation. 45 (1) If there is an inquiry, the inquiry officer may order the expropriating authority to pay a participant the reasonable costs, to be set by the inquiry officer, incurred by the participant for the purpose of participating in the inquiry. (2) An appeal lies to the court from an order under subsection (1).

(3) Subject to subsections (4) to (6), a person whose interest or estate in land is expropriated is entitled to be paid costs necessarily incurred by the person for the purpose of asserting the person's claim for compensation or damages. (4) If the compensation awarded to an owner, other than for business losses, is greater than 115% of the amount paid by the expropriating authority under

section 20 (1) and (12) or otherwise, the authority must pay the owner's costs. (5) If the compensation awarded to an owner is 115% or less of the amount paid by the expropriating authority under

section 20 (1) and (12) or otherwise, the court may award the owner all or part of the owner's costs. (6) On a claim under

section 41 (3), the court may award, in its discretion, costs to the claimant or the expropriation authority. (7) The costs payable under subsection (3), (4), (5) or (6) are
(a) the actual reasonable legal, appraisal and other costs, or
(b) if the Lieutenant Governor in Council prescribes a tariff of costs, the amounts prescribed in the tariff and not the costs referred to in paragraph (a). (8) If an expropriating authority and a person referred to in subsection (3) agree on the amount of compensation or damages, but do not agree on the amount of costs to be paid, the costs must be determined by a registrar of the court.

(9) If the court determines the amount of compensation or damages to which a person is entitled, the amount of costs must be determined by a registrar of the court. (10) In a determination of costs under subsection (8) or (9), the following considerations must be taken into account:
(a) the number and complexity of the issues;
(b) the degree of success, taking into account
(i) the determination of the issues, and
(ii) the difference between the amount awarded and the advance payment under

section 20 (1) and (12) or otherwise;
(c) the manner in which the case was prepared and conducted. 46 (1) The expropriating authority must pay interest on any amount awarded in excess of any amount paid by the expropriating authority under

section 20 (1) or (12) or otherwise, to be calculated annually,
(a) on the market value portion of compensation, from the date that the owner gave up possession, and
(i) the date the loss or damages were incurred, or
(ii) any other date that the court considers reasonable. (2) Interest is payable at an annual rate that is equal to the prime lending rate of the banker to the government. (3) During the first 6 months of a year, interest must be calculated at the interest rate under subsection (2) as at January 1, and during the last 6 months, interest must be calculated at the interest rate under subsection (2) as at July 1. (4) If the amount of the payment under

section 20 (1) or (12) or otherwise is less than 90% of the compensation awarded, excluding interest and business loss, the court must order the expropriating authority to pay additional interest, at an annual rate of 5%, on the amount of the difference, calculated from the date that the payment is made to the date of the determination of compensation.

47 If, in the opinion of the court, an unreasonable delay in proceedings under this Act has been caused by an owner or the expropriating authority, the court may penalize
(a) the owner, by depriving the owner, in whole or in part, of the interest to which the owner is entitled, or
(b) the expropriating authority, by increasing, by not more than double, the interest it is required to pay. 48 (1) An owner may, from time to time after an expropriation notice or an order under

section 5 (4) (a) has been served on the owner but before the hearing has begun, submit a written bill to the expropriating authority consisting of the reasonable legal, appraisal and other costs that have been incurred by the owner up to the time the bill is submitted. (2) On receiving a bill under subsection (1), the expropriating authority must either promptly pay the bill or apply to have the bill reviewed by a registrar of the court. (3) If the expropriating authority fails to comply with subsection (2), the owner who submitted the bill may apply to a registrar of the court to have the bill reviewed.

(5) At a review under subsection (2) or (3), the person conducting the review must, after taking into account all relevant circumstances, assess the reasonableness of the bill and may make an order with respect to its payment, accordingly. (6)

Section 45 (7) applies to reviews under this section. (7) If the amount of costs paid under this section exceeds the amount of costs awarded under

section 45, the expropriating authority may
(a) deduct the amount of the difference from any amounts of compensation then outstanding, and
(b) if all compensation has been paid, recover the excess by action against the owner. 49 (1) Subject to

section 6 (5), if a notice or other document is required to be served under this Act, a copy of the notice or other document may be served personally or by registered mail addressed to the person to be served at the person's last known address, or if the person or the person's address is unknown, by publication once in a newspaper having general circulation in the area in which the land is located.

(2) Service is deemed to have been effected
(a) on the date a person is served personally,
(b) if a notice or document is sent to a person by registered mail, on the 14th day after it is sent, or
(c) if a notice or document is published, on the seventh day after the date it is published. 50 (1) The court may, on the application of an interested party, extend or abridge the time periods referred to in sections 9 (4), 10 (3) (c), 12 (1) and (2), 16 (3), 17, 18 (3), 20 (1), 23 (1), 34 (2) and (3) and 35 (3), subject to conditions the court considers just.

(2) The court may make an order under subsection (1) even though the application for the extension or the order granting the extension is made after the expiry of the period of time in respect of which the application to extend is made. 51 (1) Legal proceedings to challenge the validity of an expropriation must not be brought after land vests under

section 23. (2) Subject to subsection (1), an application under the Judicial Review Procedure Act must be brought within 30 days after the order or determination subject to review is made. 52 The owner of land that is expropriated is liable, to the same extent as if that person had continued to be the owner, to pay all taxes levied against the land in respect of the period that person remains in possession of the land, whether possession is under an express agreement or otherwise, and an appropriate adjustment with respect to those taxes must be made between the owner and the expropriating authority.

53 Inquiry officers must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of their duties under this Act and may be paid remuneration for their services and serve in accordance with other terms and conditions as the minister may order. 54 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) respecting the practice, procedure or any other similar matters, that the Lieutenant Governor in Council considers necessary or advisable for the better carrying out of Parts 3 and 4, and
(b) prescribing a tariff of costs for the purposes of sections 45 and 48. Copyright © King's Printer, Victoria, British Columbia, Canada

section 6 (1) (d), 16 (2) or 18 (5) (a) of the Act shall have the original signature of an authorized signatory of the expropriating authority or be certified by an authorized official of the expropriating authority as a true copy of the original. (2) Where the expropriating authority has and uses a common seal on the original, it must be imprinted on the land title office copy.

Requirements of plan
3
(1) If less than an entire parcel is affected by the expropriation and a fee simple interest is intended to be expropriated,
(a) a copy of a reference or explanatory plan must be attached to the expropriation notice, and
(b) the application to file the notice in the land title office must be accompanied by a plan package that
(i) complies with

section 67 (s) of the Land Title Act, or
(ii) in the case of an electronic plan, complies with Part 10.1 of the Land Title Act. (2) If less than an entire parcel is affected by the expropriation and an interest less than the fee simple is intended to be expropriated,

(ii) in the case of an electronic plan, complies with Part 10.1 of the Land Title Act,
unless the application to file the notice includes a description of the area of the parcel and the interest to be affected by the expropriation, in a method contemplated by

section 58 (1) of the Land Title Act, that is contained in a written instrument in form and substance capable of registration as a charge under the Land Title Act. [en. B.C. Reg. 295/2006, s. 1; am. B.C. Reg. 171/2019, s. (b).] Security interests
4 (1) For the purposes of

section 37 of the Act, the court shall establish the value of a security interest in the expropriated land by determining the market value of the security interest at the date of expropriation referred to in section 29 of the Act. (2) When the amount owing to the security holder is greater than the market value of the security holder's security interest and there is no collateral security other than the covenant of the purchaser or borrower to pay the amount of the debt, the security interest shall be deemed to be fully paid, discharged and satisfied on payment to the security holder of the market value of the security interest.

(3) When the amount owing to the security holder is greater than the market value of the security holder's security interest and there is collateral security other than the covenant of the purchaser or borrower to pay the amount of the debt, and whether that collateral is by way of security on other property or a guarantee of a third party or otherwise, the compensation shall not fully discharge the debt and the court shall determine the balance remaining and the manner in which it is to be repaid.

(4) When the expropriation is of a part of land that is subject to a security interest, the court must determine the market value of the expropriated part and must allocate the compensation between the security holder and the other owners as it considers just in the circumstances. [am. B.C. Regs. 96/2005, s. 2; 66/2023, s. 3.] Disturbance damages for security holders
5
(1) When the expropriated land is subject to a security interest, the expropriating authority shall pay to the security holder 3 months' interest at the rate prescribed in the security document or, if no rate is prescribed, at the rate that would normally be payable in respect of the security on the amount of outstanding principal. (2) When the court makes a determination under

section 31 (3) of the Act, the amount payable under subsection (1) shall be in the same proportion in relation to the total payment made on account of interest that the land being expropriated and subject to the security interest is to the entire amount of land subject to the security interest. [am. B.C. Reg. 96/2005, s. 3.] Forms
6
The forms numbered 1 to 9 in the Schedule are prescribed for the purposes of the Act and shall be used where applicable. Repealed
7
Repealed. [B.C. Reg. 17/2005, Sch. 3, s. 1.] Appraisal report
8
For the purpose of

section 20 (3) of the Act, the following persons may prepare appraisal reports:
(a) a person designated A.A.C.I. by the Appraisal Institute of Canada;
(b) a person designated RI by the Real Estate Institute of British Columbia;
(c) in respect of partial takings only, a person designated SR/WA by the International Right of Way Association. [en. B.C. Reg. 25/88; am. B.C. Reg. 204/2014.] Schedule
Expropriation Act
Application
NATURE OF APPLICATION: Expropriation Notice
HEREWITH FEES OF: $......................
FULL NAME, ADDRESS AND TELEPHONE NUMBER of person presenting application:
NOTE: The above Application shall only appear on the copy of the Expropriation Notice filed in the Land Title Office. Expropriation Act
Form 1
[am. B.C. Reg. 96/2005, s. 4.] (

Section 6 (1) )
Expropriation Notice
Expropriation Notice No. ....................
(to be filled in by Land Title Office)
[AND FURTHER TAKE NOTICE that an inquiry officer has been appointed under

section 13 (1) of the Expropriation Act for the purposes of an inquiry on [date] at [time], to be held at [place].] [include where a direction is made under

section 23 (2) (c) ]
[AND FURTHER TAKE NOTICE that the expropriating authority intends to make a direction to the registrar of land titles under

section 23 (2) (c) of the Expropriation Act as follows:
[Describe the charge(s) exempt from cancellation, including type and registration number] ]
DATED at................................ this......... day of................................, 20.... . [Name of Expropriating Authority]
By: ...........................................
(Authorized Signatory)
Form 2
[am. B.C. Reg. 96/2005, s. 5.] (

Section 10 (3) )
Notice of Request for Inquiry
DATED at ................................ this ......... day of ................................, 20..... . Expropriation Act
Form 3
[am. B.C. Reg. 96/2005, s. 6.] (

Section 13 (1) )
Notice of Request for Speedy Inquiry
DATED at ................................ this ......... day of ................................, 20..... . Land Title Act
HEREWITH FEES OF: $........................
Form 4
[am. B.C. Reg. 96/2005, s. 7.] (Sections 16 (2) and 18 (5) )
Amended Expropriation Notice

DATED at ................................ this ......... day of ................................, 20..... . [Name of Expropriating Authority]
Form 5
(

Section 18 (2) )
Certificate of Approval of Expropriation
TAKE NOTICE that [Name and address of approving authority] has approved the expropriation contemplated in the [Amended] Expropriation Notice dated [month, day], 20...., registered in the [Name] Land Title Office under number [DF number] and affecting [legal description and parcel identifier number of land expropriated.] AND FURTHER TAKE NOTICE that the expropriating authority is required under

section 20 (1) of the Expropriation Act, within 30 days after approval, to pay to an owner the amount the expropriating authority estimates is or will be payable to that owner as compensation, other than for a business loss referred to in section 34 (3). DATED at ................................ this ......... day of ................................, 20.... . Land Title Act
(filing number of Expropriation Notice)
HEREWITH FEES OF: $.............................
Form 6
(

Section 18 (6) )
Cancellation of Expropriation Notice
TAKE NOTICE that the Expropriation Notice dated [month, day], 20...., filed in the [Name] Land Title Office under number [filing number] and affecting [legal description and parcel identifier number] is cancelled and the Registrar is authorized to cancel the notice, together with all entries in the register pertaining to it, and [name of expropriating authority] hereby certifies that the approving authority has rejected the expropriation contemplated by the notice. DATED at ................................ this ......... day of ................................, 20..... . [Name of Expropriating Authority]
HEREWITH FEES OF: $......................................
Form 7
[am. B.C. Reg. 96/2005, s. 8.]

Section 19 (2) )
Notice of Abandonment
Form 8
(

Section 20 (1) )
Notice of Advance Payment
NOTE: The above Application shall only appear on the copy of the Vesting Notice filed in the Land Title Office. Expropriation Act
Form 9
(

Section 23 (1) )
Vesting Notice
TAKE NOTICE that the interest described in Expropriation Notice No. [specify filing number] dated [month, day], 20...., [as modified by (specify filing numbers of modification/partial abandonment notices)] respecting the land described below [or in the attached schedule] is vested in [name of expropriating authority] free and clear of all charges other than those referred to in

section 23 (2) (a) to (c) of the Expropriation Act and those, if any, described in the Expropriation Notice [as modified]. [Legal description and parcel identifier number]. [include only where a

section 23 (5) election is made with respect to a park or public square]
[AND FURTHER TAKE NOTICE that the expropriating authority requests that

section 23 (2) of the Expropriation Act apply to the expropriation. DATED at ................................ this ......... day of ................................, 20..... . [Name of Expropriating Authority]
[Provisions relevant to the enactment of this regulation: Expropriation Act, R.S.B.C. 1996, c. 125, ss. 37 and 54.] Copyright © King's Printer, Victoria, British Columbia, Canada

Section 5 of the
Offence Act
167.3
Part 6 of the
Forest and Range Practices Act
applies
Part 13 — Designated Areas
168
Definition
169
Specifying Crown land as a designated area
170
What is the effect of specifying a designated area?

171
Conditions
172
Suspension and cancellation
173
Allowable annual cut and allowable harvest in a designated area
173.1
Effect of reduction on annual allowable cut determination
174
Order prevails
175
Hearing not required
175.1
No compensation during first 4 years of designation
175.2
Compensation for fifth and subsequent years of designation
175.3
Set-off for benefits previously received
175.4
Limit on compensation
Part 14 — Nisg̱a'a Final Agreement Implementation
176
Repealed
177
Repealed
178
Award of licences
179
Spent
Part 15 — Special Purpose Areas
Division 1 — Definitions for Part 15
180
Definitions for Part 15
Division 2 — Designation of Special Purpose Areas
181
Designation for access purpose or non-timber production purpose
182
Designation for first nation purpose, BCTS licence purpose or community forest agreement purpose
183
Purpose and cancellation date of designation
184
Limits on power to extend designation
Division 3 — Impacts and Restrictions on Area-Based Licences and Timber Licences
185
Impacts on harvest profile and AAC of area-based licence
186
Impacts on non-TFL timber licence
187
Request for information by chief forester
188
Notice to holder of area-based licence or non-TFL timber licence
189
Deletion of licence area from area-based licence or timber licence
190
Order for early deletion of licence area
191
Order to extend deletion if special purpose area overlaps cutting permit area
192
Cancellation of area-based licence or timber licence if entire licence area deleted
193
Effective date of AAC reduction for area-based licence
194
Deletion of cutting permit area within licence area
195
Deemed amendment to affected agreement or cutting permit
196
Order to suspend rights under area-based licence or timber licence
197
Restriction on entering into or amending area-based licence or timber licence
Division 4 — Impacts and Restrictions on Forest Licences
198
Definitions for Division 4 of Part 15
199
Impacts on harvest profile and AAC of timber supply area
200
Notice to holders of forest licences
201
Effective date of AAC reduction for timber supply area
202
Reduction to forest licences following designation as special purpose area
203
Reduction to AAC available for BCTS licences
204
Method of reduction if designation made other than for BCTS licence purpose
205
Notice and effective date of reductions to forest licences
206
Order to amend, suspend or cancel rights under cutting permit under forest licence
207
Restriction on entering into or amending certain forest licences
Division 5 — Impacts and Restrictions on Certain Other Licences and Permits
208
Order to amend, suspend or cancel rights under certain other licences or permits
209
Restriction on entering into or amending certain other licences or permits
Division 6 — Impacts and Restrictions on Roads, Ancillary Road Structures and Improvements
210
Application of Division 6 of Part 15 to road authorized under special use permit or master licence to cut
211
Order to deactivate road
212
Government deactivation of road
213
Order to amend, suspend or cancel rights in relation to road
214
Prohibition on constructing road under pre-existing authorization
215
Restriction on authorizing new road
216
Prohibition on removing ancillary road structure
217
Order that property in ancillary road structure vests in government
218
Prohibition on constructing timber production improvement under pre-existing authorization
219
Order to amend, suspend or cancel rights in relation to timber production improvement
220
Restriction on authorizing new timber production improvement
Division 7 — General Provisions in Relation to Special Purpose Areas
221
Requirement to serve notice of orders
222
Extension of time periods
223
Exemption for licence entered into for special purposes
224
Effect of suspension of rights under Part 15
Division 8 — Regulations Under Part 15
225
Regulations under Part 15
Part 16 — Compensation in Relation to Special Purpose Areas
Division 1 — Definitions and Interpretation for Part 16
226
Definitions for Part 16
227
Meaning of "deletion period"
228
Meaning of "net income"
229
Meaning of "remaining term"
Division 2 — Compensation for Area-Based Licences and Non-TFL Timber Licences
230
Definitions for Division 2 of Part 16
231
Compensation for area-based licence for deletion for access purpose
232
Compensation for area-based licence for deletion for non-timber production purpose
233
Compensation for area-based licence for deletion for other special purposes
234
Compensation for non-TFL timber licence for deletion for access purpose
235
Compensation for non-TFL timber licence for deletion for non-timber production purpose
236
Compensation for non-TFL timber licence for deletion for other special purposes
Division 3 — Compensation for Forest Licences
237
Definition for Division 3 of Part 16
238
Compensation for forest licence for reduction for access purpose
239
Compensation for forest licence for reduction for non-timber production purpose
240
Compensation for forest licence for reduction for other special purposes
Division 4 — Compensation for Cutting Permits
241
Compensation if special purpose area overlaps cutting permit area
242
Compensation if special purpose area does not overlap cutting permit area
243
Compensation for cutting permit issued for community forest agreement or woodlot licence
244
Duty of cutting permit holder to provide information to minister
Division 5 — Compensation for Other Agreements
245
No compensation for fibre supply licence to cut or free use permit
246
Compensation for forestry licence to cut
247
Compensation for timber sale licence
248
No compensation, unless regulations provide otherwise, for pulpwood agreement
249
Compensation for Christmas tree permit
Division 6 — Compensation for Roads and Timber Production Improvements
250
Interpretation rule for ancillary road structures
251
Application of Division 6 of Part 16 to road authorized under special use permit or master licence to cut
252
Compensation for road located in special purpose area
253
General requirements for compensation for road
254
Compensation for road located outside special purpose area if road associated with cutting permit
255
Impact requirements for road associated with cutting permit
256
Compensation in other cases if road under road permit located outside special purpose area
257
Compensation if road under special use permit located outside special purpose area
258
Compensation for timber production improvement located in special purpose area
259
Compensation for timber production improvement located outside special purpose area
260
Duty of holder of licence to provide information to minister
261
Order to cancel rights in relation to road for which compensation provided
Division 7 — General Provisions in Relation to Compensation
262
Compensation may take form of agreement
263
Reductions and exceptions in respect of compensation
264
Limit on compensation in relation to special purpose areas
Division 8 — Regulations Under Part 16
265
General regulation-making powers for Part 16
266
Regulations respecting determination of net income
267
Regulations respecting provision of information
268
Regulations respecting compensation for cutting permits
269
Regulations respecting compensation for roads and timber production improvements
Part 17 — Reductions for First Nation Purpose or BCTS Licence Purpose
270
Definitions for Part 17
271
Reduction authorization order
272
Impact of reduction authorization order on harvest profile
273
Reduction to forest licences following reduction authorization order
274
Compensation for forest licence following reduction
275
General provisions respecting compensation in relation to reduction authorization orders
276
Regulations under Part 17
Part 18 — Expropriations and Deletions Under the
Park Act
277
Definitions for Part 18
278
Purposes of Part 18
279
Regulations under Part 18
Part 19 — Transitional Provisions for the
Forest Amendment Act, 2021
280
Definitions for Part 19
281
Previous deletions to area-based licences
282
Previous deletions to non-TFL timber licences
283
Previous deletions to timber licences in tree farm licence areas
284
Previous reductions to forest licences
285
Entitlement to compensation under former compensation provisions

section 12 of the Forest Act or a pulpwood agreement;
"agreement under the Range Act" means an agreement in the form of a licence or permit referred to in

section 3 of the Range Act;
"area of catastrophic damage" means an area designated under

section 108.2 as an area of catastrophic damage;
"board" means the Forest Practices Board continued under

section 136;
"commission" means the Forest Appeals Commission continued under

section 140.1;
"council" means the Forest Practices Advisory Council referred to in

section 170;
"deactivate", in relation to a road, means to deactivate the road in accordance with the prescribed requirements;
"determination" means any act, decision, procedure, levy, finding, order or other determination made under this Act by the minister or an official;
"ecological community" means a group of different species occupying a particular area;
"forest landscape area", in relation to a forest landscape plan, means the area of land specified in the plan as the forest landscape area;
"forest landscape plan" means a forest landscape plan under

section 2.21;
"forest operations area", in relation to a forest operations plan, means the area of land specified in the plan as the forest operations area;
"forest practice" means a prescribed activity that is carried out by
(b) a holder of an agreement under the Forest Act, or
(c) a person in a prescribed category of persons
on private land, subject to a tree farm licence, a community forest agreement or a woodlot licence, or on Crown forest land;
"free growing stand" means a stand of healthy trees of a commercially valuable species, the growth of which is not impeded by competition from plants, shrubs or other trees;
"interpretive forest site" means an interpretive forest site established under

section 56 of this Act or section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act;
"minister" includes the minister's delegate;
"ministry website" means a publicly accessible website maintained by or on behalf of the ministry of the minister;
"objectives set by government" means
(a) objectives prescribed under

section 93.4 of the Land Act by the minister responsible for the administration of the Land Act, or
(c) objectives established by the Haida Gwaii Management Council under

section 4 (1) of the Haida Gwaii Reconciliation Act;
"official" means an employee in the
(a) ministry of the minister responsible for the administration of this Act, which employee is designated by name or title to be an official by that minister for the purpose of that provision,
(b) ministry of the minister responsible for the Wildlife Act, which employee is designated by name or title to be an official by that minister for the purpose of that provision, or
(c) British Columbia Energy Regulator who is designated by name or title to be an official by the commissioner under the Energy Resource Activities Act for the purpose of that provision;
"operational plan" means a forest operations plan, forest stewardship plan, woodlot licence plan, range use plan or range stewardship plan;
"planning guideline" means a guideline included under

section 2.28 (2) in a forest landscape plan;
"range development", in relation to the management for range purposes of range land or livestock, means
(c) a livestock trail indicated in a range use plan or a range stewardship plan as a range development, or
(d) an improvement to forage quality or quantity on an area that results from
(i) the application of seed, fertilizer or prescribed fire to the area, or
(ii) the cultivation of the area;
"range practice" means
(a) a prescribed activity that is carried out on Crown range by
(i) the holder of an agreement under the Range Act, or
(ii) a person in a prescribed category of persons, and
(b) the activities related to constructing, modifying or maintaining a range development that are carried out on Crown range by a person other than the holder of an agreement under the Range Act;
"recreation feature" means a biological, physical, cultural or historic feature that has recreational significance or value;
"recreation resource" means
(b) a scenic or wilderness feature or setting that has recreational significance or value, or
"recreation site" means a recreation site established under

"recreation trail" means a recreation trail established under

section 56 of this Act, section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act;
"seed" means any part of a forest tree represented, sold or used to grow a plant;
"special use permit" means a special use permit under the Forest Practices Code of British Columbia Act;
"standard" means a standard established by the chief forester under

section 169;
"trail-based recreation area" means a trail-based recreation area established under

section 56;
"wildlife" means
(a) vertebrates, other than fish, that are wildlife within the meaning of the Wildlife Act,
(b) fish from or in the non-tidal waters of British Columbia, including
(i) vertebrates of the order Petromyzoniformes (lampreys) or class Osteichthyes (bony fishes), or
(ii) invertebrates of the subphylum Crustacea (crustaceans) or phylum Mollusca (mollusks), and
(c) invertebrates or plants listed by the minister responsible for the administration of the Wildlife Act as endangered, threatened or vulnerable species,
and includes the eggs and juvenile stages of these vertebrates, invertebrates and plants. (2) Words and expressions not defined in this Act have the meaning given to them in the Forest Act and the Range Act unless the context indicates otherwise.

2 (1) A reference in this Act to the minister or his or her designate, or to the minister or a person authorized by the minister, or any similar reference, does not mean that a reference to the minister alone requires the minister to deal with the matter personally, and a reference to the minister alone means a reference to the minister or an appropriate official of the ministry of the minister responsible for the administration of this Act. (2) and (3) [Repealed 2007-18-75.] (4)

Section 14 (2) of the Interpretation Act does not apply to this Act. (5) Division 3 of Part 6 and

section 87 of this Act do not apply to the government. 2.01 (1) For the purposes of this Act, a forest landscape plan applies to a forest operations plan if any portion of the forest operations area is within the forest landscape area. (2) For the purposes of this Act, a planning guideline applies to a forest operations plan if the forest landscape plan that includes the planning guideline applies to the forest operations plan. 2.1 (1) Subject to a regulation made under

section 153 (3), this Act and the regulations and standards made under this Act apply to or in respect of a first nations woodland licence described in subsection (2) as if
(a) the first nations woodland licence were a community forest agreement,
(b) the first nations woodland licence area were a community forest agreement area, and
(c) the holder of the first nations woodland licence were a holder of a community forest agreement.

(2) Subsection (1) applies to or in respect of a first nations woodland licence if
(a) the size of the Crown land in the first nations woodland licence area is more than
(i) 800 ha, if the area is located in the Coast Forest Region, or
(ii) 1200 ha, if the area is not located in the Coast Forest Region, or
(b) the licence specifies that it is to be treated as if it were a community forest agreement for the purposes of this Act. (3) Subject to a regulation made under

section 153 (3), this Act and the regulations and standards made under this Act apply to or in respect of a first nations woodland licence described in subsection (4) as if
(a) the first nations woodland licence were a woodlot licence,
(b) the first nations woodland licence area were a woodlot licence area, and
(c) a holder of the first nations woodland licence were a holder of a woodlot licence.

(4) Subsection (3) applies to or in respect of a first nations woodland licence if the size of the Crown land in the first nations woodland licence area is equal to or less than
(a) 800 ha, if the area is located in the Coast Forest Region, or
(b) 1200 ha, if the area is not located in the Coast Forest Region. (5) A woodlot licence plan for a first nations woodland licence to which subsection (3) applies expires on the date the size of the Crown land in the first nations woodland licence area increases from a size described in subsection (4) to a size described in subsection (2) (a).

Part 1.1 — Forest Landscape Plan, Forest Operations Plan and Site Level Plan
"agreement" means any of the following agreements under the Forest Act:
(c) a community forest agreement if the community forest agreement area
(i) is located inside the Coast Forest Region and includes Crown land of more than 800 ha, or
(ii) is located outside the Coast Forest Region and includes Crown land of more than 1 200 ha;
(d) a first nations woodland licence if the first nations woodland licence area
(f) a forestry licence to cut that is a major licence;
"Indigenous governing body" has the same meaning as in

section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act;
"Indigenous peoples" has the same meaning as in

"proposed cutblock" means a proposed cutblock referred to in

section 2.36 (2) (a) or (3) (a) that is shown in a forest operations plan;
"proposed road" means a proposed road referred to in

section 2.36 (2) (b) or (3) (b) that is shown in a forest operations plan. (2) Despite

section 2.1, that section does not apply to this Part. Division 1 — Forest Landscape Plan
2.21 (1) The chief forester may, by order, establish a forest landscape plan for the following land:
(b) private land that is subject to an agreement under the Forest Act. (2) Notice of an order establishing a forest landscape plan must be published in the Gazette. (3) A forest landscape plan established by order of the chief forester takes effect on the later of the following:
(a) the date on which notice of the order is published in the Gazette;
(b) the date, if any, specified in the order as the effective date of the plan. (4) A forest landscape plan does not apply in relation to a woodlot licence.

2.22 The chief forester, in preparing a forest landscape plan, must consider the following objectives:
(a) supporting the production and supply of timber in the forest landscape area;
(b) supporting the protection and conservation of the environment;
(c) managing the values placed on forest ecosystems by Indigenous peoples;
(d) managing the values placed on forest ecosystems by local communities;
(e) preventing, mitigating and adapting to impacts caused by significant disturbances to forests and forest health, including wildfire, insects, disease and drought. 2.23 Before establishing a forest landscape plan, the chief forester must consult and cooperate with Indigenous peoples whose rights could be affected by the establishment of the forest landscape plan. 2.24 (1) For the purposes of

section 2.23, the chief forester must, before preparing a forest landscape plan, provide notice to any Indigenous governing body that is authorized to act on behalf of Indigenous peoples whose rights could be affected by the establishment of the forest landscape plan. (2) On providing notice under subsection (1) to an Indigenous governing body, the chief forester must attempt to establish, with the Indigenous governing body, a process for consultation and cooperation in the preparation of the forest landscape plan. (3) If a process for consultation and cooperation is established under subsection (2) with an Indigenous governing body within 60 days of the provision of notice under subsection (1) to the Indigenous governing body, the chief forester must implement the process before establishing the forest landscape plan.

2.25 (1) If a process for consultation and cooperation in the preparation of a forest landscape plan is not established under

section 2.24 (2) with an Indigenous governing body referred to in that subsection within 60 days of the provision of notice, the chief forester must,
(a) before preparing the forest landscape plan, provide the information proposed to be used by the chief forester for the purposes of preparing the forest landscape plan to the Indigenous governing body, and
(b) on completing a proposed forest landscape plan, provide the proposed forest landscape plan to the Indigenous governing body. (2) An Indigenous governing body may, within 60 days after receiving the information referred to in subsection (1) (a) or the proposed forest landscape plan referred to subsection (1) (b), provide comments to the chief forester.

(a) after considering any comments received from an Indigenous governing body under subsection (2), make the proposed forest landscape plan publicly available for review and comment, and
(b) after considering any comments received from the public under paragraph (a), provide the proposed forest landscape plan to the Indigenous governing body. (4) An Indigenous governing body may, within 60 days after receiving a proposed forest landscape plan under subsection (3) (b), provide notice to the chief forester of its consent or lack of consent to the proposed forest landscape plan. (a) offer to meet with an Indigenous governing body that provides notice of its lack of consent under subsection (4), and
(b) attempt to achieve consensus with the Indigenous governing body respecting the proposed forest landscape plan.

2.26 (1) In this section, "facilitator" means an individual appointed under subsection (2). (2) If a dispute arises between the chief forester and an Indigenous governing body to which notice was provided under

section 2.24 (1) relating to a matter described in section 2.25 (5) and the chief forester and the Indigenous governing body cannot resolve the dispute, the chief forester must appoint an individual to facilitate the resolution of the dispute. (3) Before appointing a facilitator, the chief forester must consider any comments of the Indigenous governing body referred to in subsection (2) respecting the appointment. (4) The chief forester must participate in a dispute resolution facilitation in respect of a dispute referred to in subsection (2). (5) A facilitator must provide a report on a completed dispute resolution facilitation to each participant.

(6) The chief forester must not take further action in respect of a decision or matter that is the subject of a dispute resolution facilitation until after the facilitator provides a report. (7) A report of a facilitator does not limit the power of the chief forester in respect of the decision or matter that is the subject of the report. (8) This section and

section 2.27 do not apply in respect of a dispute between the chief forester and an Indigenous governing body if a process for consultation and cooperation referred to in section 2.24 (3) established with the Indigenous governing body provides for the resolution of disputes. (9) This section and

section 2.27 are not to be taken as limiting any right an Indigenous governing body may have to seek a remedy from a court. (10) For certainty, this section and

section 2.27 must be construed in accordance with section 35 of the Constitution Act, 1982. 2.27 (1) Despite

section 2.26, the chief forester and an Indigenous governing body to which notice is provided under section 2.24 (1) may agree to participate in an alternative dispute resolution process other than a dispute resolution facilitation referred to in section 2.26 if the participants are satisfied that the alternative dispute resolution process gives due consideration to the customs, traditions, rules and legal systems of the Indigenous governing body. (2) The conclusion of an alternative dispute resolution process referred to in subsection (1) does not limit the power of the chief forester in respect of the decision or matter that was the subject of the alternative dispute resolution process.

2.28 (1) A forest landscape plan must include the following:
(a) a map that shows the forest landscape area;
(b) outcomes in relation to the objectives referred to in

section 2.22;
(c) a description of how the objectives referred to in

section 2.22 were taken into consideration in establishing the outcomes referred to in paragraph (b) of this subsection. (2) For the purposes of achieving the outcomes referred to in subsection (1) (b), a forest landscape plan may include planning guidelines for forest operations plans in relation to one or more of the following matters:
(a) areas in which new cutblocks or roads should not be located;
(b) limits that should apply to the sizes or configurations of cutblocks;
(c) requirements relating to forest practices, silvicultural systems or stocking standards that should be included in the forest operations plans. (3) A forest landscape plan must be consistent with any objectives established under

section 93.4 of the Land Act. 2.29 (1) The term of a forest landscape plan is 10 years. (2) Despite subsection (1), when the term of a replacement forest landscape plan begins, the forest landscape plan that is being replaced ceases to apply to the forest landscape area of the replacement plan. 2.3 (1) The chief forester may, by order, extend the term of a forest landscape plan on one or more occasions. (2) Each extension under subsection (1) may be for a period of up to 5 years. 2.31 (1) In this section, "reporting period", in relation to a forest landscape plan, means each successive 5-year period during the term of the plan, beginning on the effective date of the plan.

(2) Within 2 years after the end of a reporting period for a forest landscape plan, the chief forester must publish a report on a ministry website setting out the extent to which the outcomes identified in the plan have been achieved during the reporting period. 2.32 (1) The chief forester may, by order, for the purposes of preparing or amending a forest landscape plan or preparing a report under

section 2.31 in relation to a forest landscape plan, require a person referred to in subsection (2) of this section to take one or more of the following actions, as the chief forester considers adequate:
(a) prepare and submit to the chief forester plans, studies or analyses;
(b) obtain and submit to the chief forester information. (2) The following persons may be the subject of an order under subsection (1):
(a) the holder of an agreement that authorizes timber harvesting in the forest landscape area;
(b) the holder of a forest operations plan to which the forest landscape plan applies or will apply, as applicable.

(3) A plan, study or analysis or information required under subsection (1) must be prepared, submitted or obtained within the time and in the form and manner specified in the order.

2.33 (1) The chief forester must give notice to the holder of an agreement that grants rights to harvest timber in a forest landscape area if, in relation to the forest landscape plan, the chief forester makes an order that
(b) extends the term of the plan, or
(2) Subject to subsection (3), if the holder of an agreement submits a forest operations plan or amendment for approval under Division 2 of this Part before the chief forester gives notice to the holder of an order under subsection (1), that Division applies to the submission for approval as though the order were not made. (3) Subsection (2) does not apply if the holder of the agreement waives the right to be given notice of the order.

2.34 (1) The chief forester must keep a record of each forest landscape plan and of each of the following, as applicable, that relates to the plan:
(a) the order establishing the plan;
(ii) extends the term of the plan, or
(c) a report published under

section 2.31. (2) The chief forester must, in a manner the chief forester considers adequate, make available to a person on request a copy of each record referred to in subsection (1). (3) During the term of a forest landscape plan, the chief forester must publish on a ministry website
(b) the records referred to in subsection (1) (a), (b) (i) and (ii) and (c) that relate to the plan. Division 2 — Forest Operations Plan
"approved forest operations plan" means a forest operations plan that is approved by the minister;
"forest landscape area" includes an area of land that was formerly a forest landscape area.

(2) If land subject to an agreement is located inside a forest landscape area, the holder of the agreement must not do any of the following unless the holder holds an approved forest operations plan that applies to the land:
(a) apply for a cutting permit to harvest timber on the land;
(b) apply for a road permit to construct a road on the land;
(c) harvest timber on the land;
(d) construct a road on the land.

(3) A timber sales manager may not do any of the following in relation to land located inside a forest landscape area unless the timber sales manager holds an approved forest operations plan that applies to the land:
(a) invite applications for, or enter into, a timber sale licence that grants rights to harvest timber on the land;
(b) issue to the holder of a timber sale licence a road permit to construct a road on the land;
(c) construct a road on the land for access to an area to be harvested under a timber sale licence.

(4) The holder of an agreement is exempt from subsection (2) (c) and (d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before
(a) the expiry of a forest operations plan that applied to the area subject to the permit, or
(b) the removal of the holder as a party to a forest operations plan that applied to the area subject to the permit.

(5) The holder of an agreement is exempt from subsection (2) if the holder only does one or more of the following on land subject to the agreement:
(a) harvests timber to eliminate a safety hazard;
(b) harvests timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;
(c) removes felled trees from landings and road rights of way;
(d) harvests timber not exceeding a volume of 500 m3 that, in the opinion of the minister,
(i) is in danger of being significantly reduced in value, lost or destroyed, by insect infestation, fire or disease, or
(ii) has been treated or will be treated by the holder to facilitate the entrapment or elimination of pests;
(e) harvests timber or constructs roads for a prescribed purpose.

(6) A timber sales manager is exempt from subsection (3) in prescribed circumstances. 2.36 (1) A forest operations plan must do the following:
(a) specify the forest operations area;
(b) include requirements for the forest operations area in respect of forest practices, silvicultural systems and stocking standards;
(c) meet the prescribed requirements.

(2) A forest operations plan held by the holder of an agreement must include a map, in a scale and form satisfactory to the minister, that shows the following:
(a) the approximate location of each proposed cutblock that is to be the subject of a cutting permit that the holder intends to apply for during the term of the forest operations plan;
(b) the approximate location of each proposed road that is to be the subject of a road permit that the holder intends to apply for during the term of the forest operations plan;
(c) the location of each existing cutblock
(i) that is within a prescribed distance of a proposed cutblock referred to in paragraph (a), and
(ii) in which the holder has harvested or started harvesting timber under the agreement;
(d) the location of each existing road
(i) that is continuous to or within a prescribed distance of a proposed road referred to in paragraph (b), and
(ii) that has been constructed by the holder under a cutting permit or road permit or that is authorized under a cutting permit or road permit held by the holder;
(e) the location of each area that is subject to a cutting permit or road permit held by the holder of the agreement.

(3) A forest operations plan held by a timber sales manager must include a map, in a scale and form satisfactory to the minister, that shows the following:
(a) the approximate location of each proposed cutblock that the timber sales manager intends to include in timber sale licences for which the timber sales manager will invite applications during the term of the forest operations plan;
(b) the approximate location of each proposed road that the timber sales manager intends to construct during the term of the forest operations plan;
(c) the location of each area that is subject to a timber sale licence;
(d) the location of each existing road that has been constructed for access to an area that is subject to a timber sale licence.

(4) For the purposes of complying with subsection (1) (b), a forest operations plan may incorporate by reference a requirement described in a planning guideline that applies to the forest operations plan. (5) A requirement in a planning guideline that is incorporated by reference in a forest operations plan under subsection (4)
(a) is deemed to be included in the forest operations plan, and
(b) is incorporated as it read in the planning guideline on the date on which the forest operations plan is approved or amended to include the requirement, as applicable. 2.37 (1) If either of the following shown in a forest operations plan is inconsistent with a planning guideline under

section 2.28 (2) (a) or (b) that applies to the forest operations plan, the forest operations plan must include a statement of the reasons for the inconsistency:
(a) the location, size or configuration of a proposed cutblock;
(b) the location of a proposed road. (2) If a forest operations plan does not include a requirement respecting forest practices, silvicultural systems or stocking standards described in a planning guideline under

section 2.28 (2) (c) that applies to the forest operations plan, the forest operations plan must include one of the following:
(a) a statement setting out why the requirement in the planning guideline is not included in the forest operations plan;
(b) a substitution for the requirement in the planning guideline, together with a statement setting out
(i) why the substituted requirement is included in the forest operations plan, and
(ii) how the substituted requirement will achieve an outcome similar to the outcome to which the requirement in the planning guideline relates.

2.38 (1) A person must not submit to the minister for approval a forest operations plan or an amendment to a forest operations plan unless the person has done the following, in accordance with the regulations:
(a) made reasonable efforts to engage with Indigenous nations affected by the plan;
(b) made the plan publicly available for review and comment.

(2) In submitting a forest operations plan or amendment to the minister for approval, the person submitting the plan or amendment must include the following:
(a) a summary of the engagement referred to in subsection (1) (a) and a description of any changes made to the plan to address matters raised by Indigenous nations;
(b) a summary of the public review and comment referred to in subsection (1) (b) and a description of any changes made to the plan to address comments received from the public.

(3) If the minister requests a person to resubmit a forest operations plan or amendment to address changes requested by the minister, the minister may relieve the person from the requirements under subsections (1) and (2) for the purposes of resubmitting the plan or amendment. 2.39 (1) Subject to

section 2.4, the minister may approve a forest operations plan or an amendment to a forest operations plan if satisfied of all of the following:
(a) the plan or amendment meets the requirements set out in sections 2.36 and 2.37, as applicable;
(b) the person who submitted the plan or amendment has complied with

section 2.38 (1) and (2);
(c) the person who submitted the plan or amendment has given sufficient consideration to
(i) matters raised by Indigenous nations during engagement under

section 2.38 (1) (a), and
(ii) comments received from the public under

section 2.38 (1) (b). (2) Subject to subsection (3), the minister may, in approving a forest operations plan or amendment, impose a condition under

section 112 (1) that the holder, by the date specified by the minister, deactivate a road authorized under a road permit or cutting permit held by the holder, including a road that is located outside of the forest operations area. (3) A condition under subsection (2) may be imposed only in prescribed circumstances. (4) Except to the extent provided in subsection (3), nothing in subsection (2) limits the discretion of the minister under

section 112 to attach a condition to the approval of a forest operations plan or amendment. 2.4 (1) If a forest operations plan is inconsistent with a forest landscape plan, or would be inconsistent with a forest landscape plan as a result of an amendment to the forest operations plan, the minister may not approve the forest operations plan or amendment unless the minister is satisfied of all of the following:
(a) the part of the forest operations plan or amendment that is inconsistent with the forest landscape plan nevertheless supports the outcomes included in the forest landscape plan;
(b) the forest operations plan or amendment supports the proper management and conservation of forests and forest ecosystems;
(c) the prescribed criteria, if any, are met.

(2) For the purposes of this section, a forest operations plan is deemed to be inconsistent with a forest landscape plan if any of the following applies:
(a) a proposed cutblock is located in an area, or has a size or configuration, contrary to a planning guideline under

section 2.28 (2) (a) or (b);
(b) a proposed road is located in an area contrary to a planning guideline under

section 2.28 (2) (a);
(c) the forest operations plan does not include, under

section 2.36 (1) (b), a requirement relating to forest practices, silvicultural systems or stocking standards that is described in a planning guideline under section 2.28 (2) (c). (3) Subsection (2) does not limit the circumstances in which a forest operations plan may be considered to be inconsistent with a forest landscape plan. 2.41 (1) A proposed forest operations plan or an amendment to a forest operations plan must be considered to have received the minister's approval under

section 2.39 for the parts of the plan, if any, that relate to a cutting permit, road permit or timber sale licence that is in effect on the date on which the proposed forest operations plan is submitted for approval. (2) In prescribed circumstances, a forest operations plan or amendment must be considered to have received the minister's approval under

section 2.39 for the parts of the plan that relate to prescribed matters or things. 2.42 (1) The term of a forest operations plan
(a) is the period, not exceeding 5 years, that the person submitting the plan for approval specifies at the time of submission, and
(b) begins on the date specified in writing by the minister in approving the plan. (2) Despite subsection (1), when the term of a replacement forest operations plan begins, the forest operations plan that is being replaced ceases to apply to the forest operations area of the replacement plan.

2.43 (1) In this section, "original expiry date", in relation to a forest operations plan, means the date on which the term of the plan would expire if no extension were made under this section. (2) Subject to subsection (3), the minister, by giving written notice to the holder of a forest operations plan, may extend the term of the plan as follows:
(a) in prescribed circumstances, for a period of one year or less on one or more occasions;
(b) for a period of 2 years or less on one or more occasions if the minister considers that the government, before the plan expires, is unlikely to complete consultations with Indigenous nations in relation to a replacement forest operations plan.

(3) The term of a forest operations plan may not be extended
(a) under subsection (2) (a) to a date later than one year after the plan's original expiry date, and
(b) under subsection (2) (b) to a date later than 2 years after the plan's original expiry date. (4) The term of a forest operations plan may be extended under this section before or after the plan expires. (5) A forest operations plan that is extended under this section may include changes to the extent provided in the regulations. 2.44 Unless the regulations provide otherwise, an amendment to a forest operations plan is not effective unless the amendment is approved by the minister under

section 2.39. 2.45 (1) Unless the regulations provide otherwise, the holder of a forest operations plan must propose and submit, for approval by the minister under

section 2.39 and in accordance with this section, an amendment to the plan if any of the following applies:
(a) the area specified in the plan as the location of a proposed cutblock or proposed road is affected by an amendment to any of the following enactments:
(b) the holder is required by the regulations to propose and submit the amendment to the plan. (2) An amendment required under this section must address the following, as applicable:
(a) an amendment to an enactment referred to in subsection (1) (a);
(b) a regulation referred to in subsection (1) (b).

(3) An amendment required under this section must be submitted within the following period, as applicable:
(a) in the case of a plan amendment required under subsection (1) (a), the longer of
(i) 6 months from the date that the enactment referred to in subsection (1) (a) is amended, and
(ii) the period, if any, specified in the enactment referred to in subsection (1) (a);
(b) in the case of a plan amendment required by a regulation referred to in subsection (1) (b), a period of 6 months or longer specified in the regulation. (4) In prescribed circumstances, the minister may exempt a person from a requirement to amend a plan under subsection (1).

2.46 (1) On or before December 31 of each calendar year, the holder of a forest operations plan, other than a timber sales manager, must make publicly available, in accordance with the regulations, a forest development schedule that shows each location in the forest operations area where the holder intends to start harvesting timber or constructing roads in the next calendar year. (2) On or before December 31 of each calendar year, a timber sales manager who holds a forest operations plan must publish on a ministry website a forest development schedule that shows each location in the forest operations area that will be included in timber sale licences for which the timber sales manager intends to invite applications in the next calendar year.

(3) A forest development schedule must be consistent with the forest operations plan to which the schedule relates. (4) A forest development schedule must meet the prescribed requirements, if any. 2.47 (1) Unless the regulations provide otherwise, the holder of a forest operations plan must prepare a site level plan
(a) for a cutblock, before the holder starts harvesting timber on the cutblock, and
(b) for a road, before the holder starts harvesting timber for the purposes of constructing the road. (2) A site level plan must do the following:
(a) identify the approximate locations of cutblocks and roads;
(b) be consistent with the forest landscape plan and forest operations plan that applies to the plan area of the site level plan;

(3) A site level plan may apply to one or more cutblocks and roads whether the cutblocks and roads are located within one forest operations area or more than one forest operations area. Division 4 — Exemptions Relating to Forest Stewardship Plans
"new forest landscape area" has the meaning given to it in subsection (2);
means the forest landscape plan that establishes a new forest landscape area. (2) For the purposes of this section, an area of land is a new forest landscape area if, immediately before the establishment of a forest landscape plan that applies to the area, the area has never been included in a forest landscape area. (3) Subject to subsection (4), the holder of a forest stewardship plan is exempt from

section 2.35 (2) and (3) in relation to a portion of a forest development unit included in the plan if the portion is within a new forest landscape area and either of the following applies:
(a) the forest stewardship plan is approved by the minister before the date on which the related forest landscape plan takes effect;
(b) the forest stewardship plan, or an amendment to the forest stewardship plan to add the portion to the forest development unit,
(i) is submitted to the minister for approval before the date on which the related forest landscape plan takes effect, and
(ii) is approved by the minister on or after the date on which the related forest landscape plan takes effect.

(4) The exemption under subsection (3) ceases to apply to the person on the following date, as applicable:
(a) unless paragraph (b) of this subsection applies, the date that is one year after the date on which the related forest landscape plan takes effect;
(b) if the holder, within 6 months after the date on which the related forest landscape plan takes effect, submits to the minister for approval a forest operations plan that applies to the portion, the date on which the forest operations plan is approved or rejected by the minister. (5) Despite

section 16 (1.02), that section does not apply to a forest stewardship plan or amendment referred to in subsection (3) (b) of this section that is submitted to the minister for approval before the date on which the related forest landscape plan referred to in subsection (3) (b) of this section takes effect. 2.49 The holder of an agreement is exempt from

section 2.35 (2) (c) and (d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before
(a) the expiry of a forest stewardship plan that included a forest development unit containing the area subject to the permit, or
(b) the removal of the holder as a party to a forest stewardship plan that included a forest development unit containing the area subject to the permit. Division 5 — Agreement with Indigenous Governing Body
"decision-making agreement" means an agreement entered into under

section 7 of the Declaration on the Rights of Indigenous Peoples Act by the minister, on behalf of the government, and an Indigenous governing body relating to one or both of the following:
(a) the exercise of a statutory power of decision under this Part jointly by
(i) the Indigenous governing body, and
(ii) the minister or the chief forester;
(b) the consent of the Indigenous governing body before the exercise of a statutory power of decision of the minister or the chief forester under this Part;
"statutory power of decision" has the same meaning as in

section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act. (2) The definition of "agreement" in

section 2.2 does not apply for the purposes of the definition of "decision-making agreement" in subsection (1) of this section. (3) This Division applies despite Divisions 1 and 2 of this Part and sections 79 to 83.1 and 84 (1). 2.51 (1) This section applies in respect of the power of the chief forester to make the following orders:

section 2.21 (1) establishing a forest landscape plan;
(b) an order under

section 2.3 (1) extending the term of a forest landscape plan;
(c) an order amending or cancelling a forest landscape plan. (2) Subject to subsections (3) to (7), if a decision-making agreement has been entered into in respect of the power of the chief forester to make an order referred to in subsection (1),
(a) the power must be exercised in accordance with the decision-making agreement, and
(b) a reference in this Act or the regulations to the order is to be read as a reference to the order as made in accordance with the decision-making agreement. (3) A decision-making agreement may establish objectives in addition to those set out in

section 2.22 that must be considered in the preparation of a forest landscape plan. (4) Subject to subsection (5), sections 2.23 to 2.27 apply in respect of the preparation of a forest landscape plan to be established by an order made in accordance with a decision-making agreement. (5) If a decision-making agreement so provides, sections 2.23 to 2.27 do not apply in respect of an Indigenous governing body that is a party to the decision-making agreement in relation to a forest landscape plan to be established by an order made in accordance with the decision-making agreement. (6)

Section 2.28 applies to a forest landscape plan established by an order made in accordance with a decision-making agreement. (7) The term of a forest landscape plan established by an order made in accordance with a decision-making agreement is the period of not less than 5 years and not more than 10 years specified in the order. 2.52 (1) This section applies in respect of the power of the chief forester under

section 2.32 (1) to, by order, require the submission of plans, studies, analyses or information for the purposes of preparing or amending a forest landscape plan or preparing a report under section 2.31. (2) If a decision-making agreement provides for the exercise of the power of the chief forester to make an order referred to in subsection (1),
(b) a reference in this Act or the regulations to the order is to be read as a reference to the order as made in accordance with the decision-making agreement. 2.53 (1) This section applies in respect of the following powers of the minister:
(a) the power under

section 2.38 (3) to relieve a person from the requirements under section 2.38 (1) and (2) for the purposes of resubmitting a forest operations plan or an amendment to a forest operations plan;
(b) the power under

section 2.45 (4) to exempt a person from a requirement under section 2.45 (1) to amend a forest operations plan. (2) If a decision-making agreement provides for the exercise of a power of the minister referred to in subsection (1),
(b) a reference in this Act or the regulations to the power exercised by the minister is to be read as a reference to the power as exercised in accordance with the decision-making agreement. 2.54 (1) This section applies in respect of the following powers of the minister:

section 2.39 to approve a forest operations plan or an amendment to a forest operations plan;

section 2.43 to extend the term of a forest operations plan;
(c) the power under

section 112 to impose, remove or vary conditions in respect of an approval of a forest operations plan or of an amendment to a forest operations plan. (2) Subject to subsection (3), if a decision-making agreement has been entered into in respect of a power of the minister referred to in subsection (1),
(b) a reference in this Act or the regulations to the power exercised by the minister is to be read as a reference to the power as exercised in accordance with the decision-making agreement.

(3) The criteria set out in sections 2.39 (1) (a) to (c) and 2.4 (1) (a) to (c) apply to the granting of an approval of a forest operations plan or of an amendment to a forest operations plan in accordance with a decision-making agreement. (4)

Section 2.39 (2) to (4) applies, with the necessary changes, to the imposition of conditions in respect of an approval of a forest operations plan or of an amendment to a forest operations plan in accordance with a decision-making agreement. (5)

Section 79 applies to a correction of an approval granted under section 2.39 (1) in accordance with a decision-making agreement, except that the reference in that section to the person who made the determination is to be read as a reference to the minister. (6) A review required under

section 80 (1) of an approval granted under section 2.39 (1) in accordance with a decision-making agreement must be conducted in accordance with the decision-making agreement. (7) A review referred to in subsection (6) may be conducted only if there is evidence that was not available at the time of the original determination. (8)

Section 80 (2), (3) and (5) applies, with the necessary changes, to a review referred to in subsection (6). (9) The minister may extend the time limit for requiring a review referred to in subsection (6) before or after its expiry. (10) Unless a decision-making agreement so provides, sections 81 to 83.1 and 84 (1) do not apply with respect to
(a) an approval granted under

section 2.39 (1) in accordance with the decision-making agreement, and
(b) a decision made after completion of a review of the approval. (11) If a decision-making agreement provides that

section 81 applies with respect to an approval referred to in subsection (10) (a) of this section,
(a) a review required by the board under

section 81 (1) must be conducted in accordance with the decision-making agreement, and
(b) the minister may extend the time limit for requiring a review referred to in paragraph (a) of this subsection before or after its expiry. Part 2 — Forest Stewardship Plan, Site Plan and Woodlot Licence Plan
Division 1 — Forest Stewardship Plan
(c) a community forest agreement;
(e) a forestry licence to cut that is a major licence;
"approved forest stewardship plan" means a forest stewardship plan that is approved by the minister;

(1) If land subject to an agreement is located outside a forest landscape area, the holder of the agreement must not do any of the following unless the holder holds an approved forest stewardship plan that includes a forest development unit that contains the land:

(1.1) The holder of an agreement is exempt from subsection (1) (c) and (d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before
(b) the removal of the holder as a party to a forest stewardship plan that included a forest development unit containing the area subject to the permit.

(2) A timber sales manager may not do any of the following in relation to land located outside a forest landscape area unless the timber sales manager holds an approved forest stewardship plan that includes a forest development unit that contains the land:

(4) A forest stewardship plan may apply to one or more of each of the following:
(a) holders of agreements under the Forest Act;
(b) agreements under the Forest Act;
(c) areas of land located outside a forest landscape area that are, or will be, subject to an agreement under the Forest Act. 4 (1) If a forest stewardship plan held by the holder of an agreement referred to in

section 3 (1) or by the timber sales manager referred to in section 3 (2) does not apply to an area outside the forest development unit to which the plan pertains, in which area the holder or timber sales manager will harvest timber or construct a road, the holder or timber sales manager, as the case may be, is exempt in respect of the outside area from the requirement for a forest stewardship plan, but only for the following purposes:
(a) harvesting timber to eliminate a safety hazard;
(b) harvesting timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;
(c) removing felled trees from landings and road rights of way;
(d) harvesting timber not exceeding a volume of 500 m3 that, in the opinion of the minister,
(ii) has been treated or will be treated by the holder or timber sales manager to facilitate the entrapment or elimination of pests;
(e) other prescribed purposes.

(2) A person is not required to prepare a forest stewardship plan under

section 3 (1) or (2) for timber to be harvested or roads to be constructed if the timber harvesting or the road construction
(a) is only for one or more of the purposes referred to in subsection (1) (a) to (e) of this section, or
(b) is to be carried out in prescribed circumstances or under prescribed conditions. 5 (1) A forest stewardship plan must
(i) uses a scale and format satisfactory to the minister, and
(ii) shows the boundaries of all forest development units,
(b) specify intended results or strategies, each in relation to
(i) objectives set by government,
(i.1) if a portion of a forest development unit is within an area prescribed by the minister under

section 168.1, the objectives prescribed by the minister under that section for prescribed resources and features in that area, and
(ii) other objectives that are established under this Act and that pertain to all or part of the area subject to the plan, and
(c) conform to prescribed requirements. (1.1) The results and strategies referred to in subsection (1) (b) must be consistent to the prescribed extent with objectives set by government and with the other objectives referred to in subsection (1) (b) (ii).

(2) A forest stewardship plan must be consistent with timber harvesting rights granted by the government for any of the following to which the plan applies:
(b) the community forest agreement area;
(c) the tree farm licence area;
(3) A forest stewardship plan or an amendment to a forest stewardship plan must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

6 (1) The term of a forest stewardship plan
(b) begins on the date specified in writing by the minister in approving the plan. (2) The minister by written notice given to the holder may extend the term of a forest stewardship plan, before or after it expires for an additional period not exceeding 5 years in the circumstances specified by regulation. (3) The extended forest stewardship plan may include changes to the extent authorized by regulation. 7 (1) A proposed forest stewardship plan must be considered to have received the minister's approval under

section 16 (1) for the parts, if any, of the forest stewardship plan that pertain to
(a) a cutting permit, road permit or timber sale licence if the permit or licence is in effect on the date of the submission of the forest stewardship plan to the minister, or
(b) an area that conforms to the prescribed requirements. (1.1) A proposed forest stewardship plan must be considered to have received the minister's approval under

section 16 (1) for the parts, if any, of the plan, including but not limited to results and strategies described in it, that pertain to a forest development unit that is in effect on the date of the submission of the forest stewardship plan to the minister unless
(a) one or more of the following events occur during the period specified in subsection (2):
(i) an enactment applicable to the forest development unit is made or amended;
(ii) an objective set by government applicable to the forest development unit is established, varied or cancelled;
(iii) if specified by regulation, another objective applicable to the forest development unit is established, varied or cancelled by order under this Act;
(iv) an area of land in or adjacent to the forest development unit is designated by order under the regulations as a community watershed;
(v) a community watershed in or adjacent to the forest development unit is varied or cancelled by order under the regulations;
(vi) timber in the vicinity of the forest development unit has suffered catastrophic damage, and
(b) the minister considers that the forest development unit is inconsistent with the events described in paragraph (a) that occur.

(2) The specified period under subsection (1.1) begins 4 months before the date the existing plan was submitted for approval and ends 4 months before the date the proposed plan was submitted for approval.

8 (1) The holder of a forest stewardship plan must propose and submit, for approval by the minister and in accordance with this section, an amendment to the plan if any of the following apply:
(a) a forest development unit included in the plan is affected by any of the following events:
(i) an amendment to this Act, the regulations or a prescribed enactment;
(ii) the establishment, variation or cancellation of an objective set by government or, if specified by regulation, another objective that is established under this Act;
(b) the holder is required by either of the following to propose and submit an amendment to the plan:
(ii) an order made under subsection (2).

(2) The minister may order the holder of a forest stewardship plan to propose and submit for approval an amendment to the plan if the minister considers that timber in or within the vicinity of a forest development unit included in the plan has suffered catastrophic damage. (3) An amendment required under this section must address the following, as applicable:
(a) an event referred to in subsection (1) (a);
(b) a regulation referred to in subsection (1) (b);
(c) a minister's order referred to in subsection (2).

(4) An amendment required under this section must be submitted within the following period, as applicable:
(i) 6 months from the date of the event referred to in that subsection, and
(ii) the period, if any, specified in the enactment or objective that relates to the event;
(b) in the case of a plan amendment required by a regulation referred to in subsection (1) (b) (i), a period of 6 months or longer specified in the regulation;
(c) in the case of a plan amendment required by an order referred to in subsection (2), the longer of
9 In prescribed circumstances, the minister may establish targets, in specified proportions between or among the holders of forest stewardship plans, for sharing the responsibility to obtain results consistent with objectives set by government.

10 (1) Except in prescribed circumstances, the holder of a forest stewardship plan must prepare a site plan in accordance with prescribed requirements for any
(a) cutblock before the start of timber harvesting on the cutblock, and
(b) road before the start of timber harvesting related to the road's construction. (a) identify the approximate locations of cutblocks and roads,
(b) be consistent with the forest stewardship plan, this Act and the regulations, and
(c) identify how the intended results or strategies described in the forest stewardship plan apply to the site. (3) A site plan may apply to one or more cutblocks and roads whether within the area of one or more forest stewardship plans.

Division 3 — Woodlot Licence Plan
12 (0.1) In this section, "approved woodlot licence plan" means a woodlot licence plan that is approved by the minister. (1) The holder of a woodlot licence must not do any of the following on land within the woodlot licence area unless the holder holds an approved woodlot licence plan that includes the land:

(1.1) The holder of a woodlot licence is exempt from subsection (1) (c) and (d) if the holder harvests timber or constructs roads in an area of land that is subject to a cutting permit or road permit issued before the expiry of a woodlot licence plan that included the area subject to the permit. (2) The holder of a woodlot licence may obtain a cutting permit or road permit only if it is consistent with a woodlot licence plan.

(3) Despite subsections (1) and (2), the minister, in the circumstances and on the conditions, if any, that are prescribed may authorize the holder of a woodlot licence to obtain a cutting permit or road permit
(a) to deal with a forest health emergency, or
(b) to harvest timber that has been damaged and is in danger of being significantly reduced in value, lost or destroyed.

13 (1) A woodlot licence plan must
(i) uses a scale and format satisfactory to the minister,
(ii) provides prescribed information about forest resources, and
(iii) shows the boundaries of areas for which the woodlot licence plan specifies intended results or strategies,
(b) except in prescribed circumstances, specify intended results or strategies, each in relation to
(i) objectives set by government, and
(c) conform to prescribed requirements. (2) A woodlot licence plan must be consistent with the objectives referred to in subsection (1) (b).

(3) A woodlot licence plan need not be consistent with objectives set by government to the extent that those objectives pertain to
(c) landscape connectivity, or
(d) temporal and spatial distribution of cutblocks. (4) A woodlot licence plan or an amendment to a woodlot licence plan must be signed by the person required to prepare the plan, if an individual or, if a corporation or band as defined in the Indian Act (Canada), by an individual or the individuals authorized to sign on behalf of the corporation or band. 14 (1) The term of a woodlot licence plan
(b) begins on the date specified in writing by the minister in approving the plan.

(2) The minister must extend the term of a woodlot licence plan that conforms to prescribed requirements for an additional period of 10 years unless the holder, by written notice given to the minister at least 6 months before the expiry of the initial term, requests an extension for a specified shorter period, in which case the minister must extend the term for that shorter period. (3) Before or after the expiration of a woodlot licence plan that does not conform to the prescribed requirements referred to in subsection (2), the minister may extend the term of the plan for a period or periods not exceeding 2 years in total. (4) The extended woodlot licence plan may include changes to the extent authorized by regulation.

"amendment" means an amendment to a woodlot licence plan to make it consistent with an objective;
"objective" means
(a) an objective set by government, and
(b) an objective that is established under this Act
but does not include an objective referred to in

section 13 (3). (2) No later than 5 years after the date an objective is established, the holder of a woodlot licence plan that becomes inconsistent with an objective must submit an amendment to the minister for approval. (3) Despite subsection (2), the holder of a woodlot licence plan need not submit an amendment that pertains to a portion of the plan that is subject to
in effect immediately before the establishment of the objective. Division 3.1 — Forest Operations Map
15.1 (1) Subject to subsection (4) of this section and

section 15.3, the holder of a forest stewardship plan may apply for a cutting permit or a road permit to construct a road only if the requirements under subsections (2) and (3) have been met.

(2) Before applying for a cutting permit or a road permit to construct a road, the holder of a forest stewardship plan must do all of the following:
(a) prepare a forest operations map that
(i) shows, as applicable, the approximate location of the cutblock that is to be harvested or the proposed road that is to be constructed under the permit, and
(ii) conforms to prescribed requirements;
(b) make the forest operations map publicly available, in accordance with the regulations, for review and comment;
(c) prepare and submit to the government, in accordance with the regulations, a report on the public review and any comments made under paragraph (b).

(3) If the holder of a forest stewardship plan intends to rely on a forest operations map under subsection (2) for the purposes of applying for a cutting permit or road permit, the holder must apply for the cutting permit or road permit, as applicable, within the longer of the following periods after making the forest operations map publicly available under subsection (2) (b):
(b) a prescribed period, if any. (4) Subsections (1) to (3) do not apply to an application for a cutting permit or road permit if timber is to be harvested under the cutting permit or roads are to be constructed under the road permit, as applicable, only for the following purposes:
(a) a purpose set out in

section 4 (1) (a) to (c) or (d) (ii);
15.2 (1) In this section, "operating period" means a period in a series of consecutive periods that is the longer of the following:
(b) a prescribed period, if any. (2) Subject to

section 15.3, a timber sales manager must do the following before the start of each operating period:
(i) shows the approximate locations of cutblocks that are to be harvested under timber sale licences for which the timber sales manager intends to invite applications during the operating period,
(ii) shows the approximate locations of roads that the timber sales manager intends to construct during the operating period in order to access timber to be harvested under timber sale licences, and
(iii) conforms to prescribed requirements;
(b) make the forest operations map publicly available, in accordance with the regulations, for review and comment.

(3) Nothing in this section is intended to limit the authority of a timber sales manager
(a) to invite applications for or issue a timber sale licence, or
15.3 The minister, in writing, may exempt a person from

section 15.1 or 15.2 if the minister considers that timber should be harvested without delay because the timber is in danger of being
16 (1) Subject to subsection (1.02), the minister must approve a forest stewardship plan or an amendment to a forest stewardship plan if satisfied of all of the following:
(a) the plan meets the requirements set out in

section 5;
(b) the person who submitted the plan has complied with

section 18 (1) and (2);
(c) the person who submitted the plan has given sufficient consideration to

section 18 (1) (a), and

section 18 (1) (b). (1.02) The minister may not under subsection (1) approve the following:
(a) a forest stewardship plan if a portion of a forest development unit included in the plan would be within a forest landscape area or an area of land that was formerly a forest landscape area;
(b) an amendment to a forest stewardship plan if, as a result of the amendment, a portion of a forest development unit included in the plan would be within a forest landscape area or an area of land that was formerly a forest landscape area. (1.1) The minister must approve a woodlot licence plan or an amendment to a woodlot licence plan if it conforms to

section 13. (2) A forest stewardship plan, a woodlot licence plan or an amendment to either that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

(2.01) The Lieutenant Governor in Council, by order, may declare that a forest stewardship plan, a woodlot licence plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order. (2.1) Except in prescribed circumstances, before approving a plan or amendment, the minister may require the holder of a proposed plan or amendment to submit information that the minister reasonably requires in order to determine if the proposed plan or amendment conforms to subsection (1) or (1.1), whichever is applicable.

(3) The minister must give written reasons for refusing to approve a forest stewardship plan, a woodlot licence plan or an amendment to either. 17 If the minister determines that timber subject to a forest stewardship plan, a woodlot licence plan, or an amendment to either should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed, the minister, in prescribed circumstances, may approve the plan or amendment even though the plan or amendment does not comply with

section 16. 18 (1) A person must not submit to the minister for approval a forest stewardship plan, or an amendment to a forest stewardship plan, unless the person has done the following, in accordance with the regulations:

(2) In submitting a forest stewardship plan or amendment to the minister for approval, the person submitting the plan or amendment must include the following:

(3) If the minister requests a person to resubmit a forest stewardship plan or amendment to address changes requested by the minister, the minister may relieve the person from the requirements under subsections (1) and (2) for the purposes of resubmitting the plan or amendment. 20 (1) Despite

section 16, except in prescribed circumstances, an approval is not required to amend a forest stewardship plan or a woodlot licence plan if its holder determines that
(i) conforms to

section 5, for an amendment to a forest stewardship plan, or to section 13, for an amendment to a woodlot licence plan, and
(ii) does not materially change the intended results or strategies specified in the plan, or
(b) the proposed amendment conforms to prescribed requirements. (2) The holder of a forest stewardship plan or a woodlot licence plan must provide the district manager with a copy of the amendment as soon as practicable after it has been incorporated in the plan. (3) The minister may take action in accordance with the regulations if the minister considers that the decision under subsection (1) was wrongly made.

Part 2.1 — General Provisions Relating to Forest Operations Plans, Forest Stewardship Plans and Woodlot Licence Plans
20.2 In this Part:
"licence area", in relation to a timber sale licence, means the area of land subject to the licence;
"permit area", in relation to a cutting permit or road permit, means the area of land subject to the permit;
"plan area" means,
(a) in relation to a forest operations plan, the forest operations area, and
(b) in relation to a forest stewardship plan or woodlot licence plan, the area to which the plan applies.

Division 2 — Compliance with Plans
20.21 (1) The holder of a forest operations plan must do the following:
(a) comply with the requirements included in the plan;
(b) comply with any other provision in the plan that relates to a requirement referred to in paragraph (a). (2) Subject to subsection (4), if a forest operations plan expires, the obligation under subsection (1) continues to apply to the person who held the expired plan in relation to the requirements and other provisions in the plan as they read immediately before the plan expired.

(3) Subject to subsection (4), if a forest operations plan is amended to remove a person as a holder of the plan, the obligation under subsection (1) continues to apply to the person in relation to the requirements and other provisions in the plan as they read immediately before the person was removed as a holder. (4) A person is not required to comply with an obligation that continues under subsection (2) or (3) if
(a) the person holds another forest operations plan that applies to the same area to which the obligation relates, and
(b) the other forest operations plan includes a requirement or other provision that is identified as being a replacement for the requirement or other provision to which the obligation relates.

(5) For the purposes of an obligation that continues under subsection (2) or (3), a requirement or other provision referred to in subsection (1) may, as applicable, be amended as if
(a) the forest operations plan had not expired, or
(b) the person had not been removed as a holder of the forest operations plan. 20.22 (1) The holder of a forest stewardship plan or woodlot licence plan must do the following:
(a) ensure that the intended results specified in the plan are achieved;
(b) carry out the strategies described in the plan;
(c) comply with any other provision in the plan that relates to a result or strategy referred to in paragraph (a) or (b).

(2) Subject to subsection (4), if a forest stewardship plan or woodlot licence plan expires, the obligation under subsection (1) continues to apply to the person who held the expired plan in relation to the results, strategies and other provisions in the plan as they read immediately before the plan expired. (3) Subject to subsection (4), if a forest stewardship plan is amended to remove a person as the holder of the plan, the obligation under subsection (1) continues to apply to the person in relation to the results, strategies and other provisions in the plan as they read immediately before the person was removed as a holder.

(4) A person is not required to comply with an obligation that continues under subsection (2) or (3) if
(a) the person holds another forest stewardship plan or woodlot licence plan, or a forest operations plan, that applies to the same area to which the obligation relates, and
(b) that other plan includes a provision that is identified as being a replacement for the result, strategy or other provision to which the obligation relates. (5) For the purposes of an obligation that continues under subsection (2), a result, strategy or other provision referred to in subsection (1) may be amended as if the forest stewardship plan or woodlot licence plan had not expired.

Division 3 — Protection of Cutting Permits, Road Permits and Timber Sale Licences
20.23 (1) If a forest operations plan, forest stewardship plan or woodlot licence plan applies to a portion of the permit area of a cutting permit or road permit on the following date, the plan, as it read on that date, continues to apply in relation to the activities carried out under the permit in the portion despite any subsequent amendment, replacement or expiration of the plan:
(a) unless paragraph (b) applies, the date on which the permit is issued;
(b) if the portion was added to the permit area by an amendment to the permit, the date on which the permit was amended.

(2) If a forest operations plan or forest stewardship plan applies to the licence area of a timber sale licence on the date the licence is advertised, the plan, as it read on that date, continues to apply to the licence area despite any subsequent amendment, replacement or expiration of the plan. 20.24 The requirement under

section 2.45 (1), 8 (1) or 15 (2) to propose and submit amendments to a forest operations plan, forest stewardship plan or woodlot licence plan, as applicable, does not apply to a portion of the plan area if
(i) a permit area of a cutting permit or road permit, or
(ii) a licence area of a timber sale licence,
(b) a road referred to in

section 20.27 exists on the portion, or
20.25 (1) In this section, "plan" means any of the following:
(b) a forest stewardship plan;
(d) a site level plan referred to in

section 10. (2) A person, other than a timber sales manager, who holds a plan must make the plan publicly available in accordance with the regulations. (3) A timber sales manager who holds a plan must publish the plan on a ministry website. 20.26 (1) Subject to subsections (2) and (3), if a forest operations plan, forest stewardship plan or woodlot licence plan has been approved by the minister, a person may be added or removed as a party to the plan only if an amendment to add or remove the person as a party to the plan is approved by the minister. (2) Unless the regulations provide otherwise, a forest operations plan may be held only by one person.

(3) A woodlot licence plan may be held only by the holder of the woodlot licence to which the plan relates. 20.27 An approval or refusal to approve a forest operations plan, a forest stewardship plan or an amendment to a forest operations plan or forest stewardship plan does not affect the minister's discretion under

section 121 of the Forest Act to construct a road to provide access to an area to be harvested under a timber sale licence.

"construct", in relation to a road, includes to modify the road;
"forest resource road" means a road, other than a road referred to in subsection (2), that is
(a) on Crown land in a Provincial forest,
(b) outside a Provincial forest and for the purpose of providing access to timber on Crown land,
(c) on private land that is subject to an agreement under the Forest Act, or
(d) subject to a requirement for a special use permit;
"major culvert" has the prescribed meaning;
"modify", in relation to a road, includes
(a) to widen the running surface of the road,
(b) to realign or reconstruct a portion of the road, and
(c) to install or replace a bridge or major culvert associated with the road;
"natural resource development purpose", in relation to a road, means use of the road for any of the following purposes:
(a) developing a natural resource other than timber;
(b) transporting a natural resource other than timber;
(c) transporting equipment, materials or personnel associated with an activity referred to in paragraph (a) or (b);
"right of way", in relation to a road, means one of the following:
(a) unless paragraph (b) applies, the Crown land in the area that is
(i) the length of the road, and
(ii) 37.5 metres on each side of the centre line of the road;
(b) if a road permit shows or describes the road corridor in which the road may be constructed, the Crown land in that road corridor;
"road prism", in relation to a road, means the area consisting of
(b) any cut slope and road fill;
"significant road work", in relation to a forest service road, means the following:
(a) modifying the forest service road;
(b) constructing works in the road prism or right of way of the forest service road;
(c) connecting a road to the forest service road;
"silviculture purpose", in relation to a road, means use of the road for either of the following purposes:
(a) providing access for tree planting that requires more than 12 months to complete;
(b) transporting machinery associated with silviculture treatments;
"timber harvesting purpose", in relation to a road, means use of the road for any of the following purposes:
(c) transporting equipment, materials or personnel associated with an activity referred to in paragraph (a) or (b).

(2) The following roads are excluded from the definition of "forest resource road" in subsection (1):
(b) a road authorized under the Land Act;
(c) a provincial public highway within the meaning of the Transportation Act;
(d) a road constructed or maintained under the Community Charter;
(e) a road constructed or maintained under the Pipeline Act, before the repeal of that Act.

(2) A person must not use, construct, maintain or deactivate a road except in accordance with this Act, the regulations, the standards and any forest operations plan, forest stewardship plan or woodlot licence plan, if the road is
22.1 (1) A person must not use a forest service road for a timber harvesting purpose, silviculture purpose or natural resource development purpose unless one of the following applies:
(a) the person is authorized to use the road under a road use permit;
(b) the person is granted an exemption under subsection (2).

(2) The minister may grant an exemption to a person for the purposes of subsection (1) (b) if satisfied that the person's use of the forest service road will not
(a) unnecessarily impact forest resources,
(b) materially affect the use of the road by others, or
(c) materially increase the need for road maintenance. (3) A person granted an exemption under subsection (2) must comply with any conditions of the exemption imposed by the minister. (4) Subsection (1) does not apply to a person if the person's use of the forest service road is related to operations associated with an agreement under the Range Act.

22.11 (1) A person must not use a forest resource road for a timber harvesting purpose or silviculture purpose unless one of the following applies:
(a) the person is authorized to use the road under
(iv) a timber sale licence, or
(v) a forestry licence to cut;
(b) the road is authorized under any of the following held by another person:
(i) a permit or licence referred to in paragraph (a) (i) to (iv);
(c) the person is granted an exemption under subsection (3).

(2) A person must not use a forest resource road for a natural resource development purpose unless one of the following applies:
(a) the person is authorized to use the road under a special use permit;
(i) was constructed under the authority of the Coal Act, Mineral Tenure Act, Mines Act or Mining Right of Way Act,
(ii) is located within the boundary of a claim, lease, permit or other authorization granted or issued under an Act specified in subparagraph (i), and
(iii) is being used for the purposes of developing a natural resource, other than timber, under the applicable authorization specified in subparagraph (ii);
(d) the road is authorized under the Geothermal Resources Act or Petroleum and Natural Gas Act;
(e) the person is granted an exemption under subsection (3).

(3) The minister may grant an exemption to a person for the purposes of subsection (1) (c) or (2) (e) if satisfied that the person's use of the forest resource road will not unnecessarily impact forest resources. (4) A person who is granted an exemption under subsection (3) must do the following:
(a) maintain the road, for the duration of the person's use of the road, in accordance with the regulations and any applicable forest operations plan, forest stewardship plan or woodlot licence plan;
(b) comply with any conditions of the exemption imposed by the minister.

(5) Subsection (1) does not apply to a person if the person's use of the forest resource road is for a timber harvesting purpose related to operations associated with an agreement under the Range Act. 22.12 (1) A person who intends to use a forest service road for a timber harvesting purpose, silviculture purpose or natural resource development purpose must provide notice to the following, in accordance with subsection (3):
(b) if applicable, the holder of a road use permit to whom the obligation to maintain the forest service road has been transferred.

(2) If a road is authorized under any of the following permits or licences, a person who intends to use the road for a timber harvesting purpose, silviculture purpose or natural resource development purpose must provide notice to the holder of the permit or licence, in accordance with subsection (3):
(3) A notice required under subsection (1) or (2) must
(a) be given on or before the earlier of the following:
(i) the date that is 6 days before the date on which the person will begin to use the road;
(ii) the prescribed date, if any,
(b) be given in the prescribed form and manner, if any, and
(c) specify the date on which the person will begin using the road.

(4) Subsections (1) and (2) do not apply to a person if the person's use of the road is related to operations associated with an agreement under the Range Act. 22.2 (1) Subject to subsections (2) to (4) and to regulations respecting roads made under the Industrial Roads Act, a road that is
(b) authorized under a road permit or a woodlot licence
may be used by any person without charge for a purpose other than a timber harvesting purpose, silviculture purpose or natural resource development purpose.

(a) district manager, for a forest service road, or
(b) holder of a road permit or a woodlot licence, for a road under the permit or licence,
may take action under subsection (3) if
(c) use of the road under subsection (1) would likely
(i) cause significant damage to the road,
(ii) cause significant sediment delivery, or
(iii) endanger property, public health or public safety, or
(d) the presence on the road of a vehicle or animal would likely cause damage to the road or environment or endanger life or property.

(3) In the circumstances described in subsection (2),
(a) the district manager, for a forest service road, may
(i) close the road or restrict its use, or
(ii) remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal, and
(b) the holder of a road permit or a woodlot licence, for a road under the permit or licence,
(i) with the prior consent of the minister, may close the road or restrict its use, or
(ii) may remove a vehicle or an animal from the road at the expense of the owner of the vehicle or animal.

(4) The minister, in accordance with the regulations, may specify types of expenses that must be paid to
(a) government for a road referred to in subsection (1) (a),
(b) a holder of a permit or licence referred to in subsection (1) (b), or
(c) other persons who meet prescribed requirements
by a person who uses a road or class of roads for a purpose other than a timber harvesting purpose, silviculture purpose or natural resource development purpose.

22.3 (0.1) In this section, "person responsible for maintaining a road" means the following:
(a) in relation to a road authorized under a road permit, the holder of the permit;
(b) in relation to a road authorized under a woodlot licence, the holder of the licence;
(c) in relation to a forest service road, the holder of a road use permit to whom the obligation to maintain the forest service road has been transferred, if applicable;
(d) in relation to a prescribed forest service road, the minister.

(1) By written notice in accordance with this section, the person responsible for maintaining a road may require payment, within the limits imposed under subsection (2) (b), from a person who uses the road for
(a) a timber harvesting purpose, silviculture purpose or natural resource development purpose, or
(1.1) The holder of a road use permit to whom the obligation to maintain a forest service road has been transferred may give a notice under subsection (1) in relation to the forest service road only in the prescribed circumstances.

(2) A written notice under subsection (1) must specify
(a) that payment is required, and
(b) the amount of the payment, which amount must be limited to one or more of the following:
(i) a reasonable contribution to the expense of maintaining the road;
(ii) the reasonable expense of modifying the road to accommodate the special needs of the person;
(iii) the reasonable expense of repairing any damage to the road caused by the person's use of the road.

(3) Subject to subsection (3.1), if a person responsible for maintaining a road who gives a written notice under subsection (1) and the person who receives the notice do not agree on what amount of payment should be required, the person responsible for maintaining the road and the person who received that notice must submit that question for resolution
(a) by an agreed process of dispute resolution, or
(b) by binding arbitration under the Arbitration Act. (3.1) Subsection (3) does not apply in respect of an amount specified in a notice given by the minister in respect of a forest service road.

(4) A person who receives a written notice under subsection (1) is liable to the person who gave the notice for payment of the amount that is
(a) specified in the notice, or
(b) determined under subsection (3) in a case to which that subsection applies. 23.1 (1) A person must not carry out significant road work in relation to a forest service road unless one of the following applies:
(a) the person is authorized under subsection (2) by the minister to carry out the significant road work;
(b) the person is authorized under the regulations to carry out the significant road work. (2) The minister may, on application, authorize a person to carry out significant road work in relation to a forest service road.

(3) The minister, in granting an authorization under subsection (2), may impose under

section 112 (1) one or more of the following conditions:
(a) that the person give an indemnity to the government for losses or damages sustained by the government, or for claims for losses or damages made against the government, arising out of the significant road work;
(b) that the person obtain and maintain insurance. (4) If a person is authorized under subsection (2) to carry out significant road work in relation to a forest service road, the minister may authorize the person to use sand, gravel, rock or other materials in the road right of way for the purposes of carrying out the significant road work. (5) Nothing in subsection (3) of this section limits the discretion of the minister under

section 112 (1) to attach a condition to an authorization granted under subsection (2) of this section. 23.2 (1) The minister may, by order, require the holder of an agreement under the Forest Act to deactivate a road authorized or constructed under the agreement. (2) An order made under subsection (1) must specify the following:
23.3 (1) The minister may exempt the holder of an agreement under the Forest Act from a requirement under this Act or the Forest Act that relates to the deactivation of a road authorized or constructed under the agreement. (2) In determining whether to exempt a holder under subsection (1), the minister must consider the following:
(b) human health and the environment;
24 (1)

Section 42 (1) of the Transportation Act does not apply to public money spent on the following:
(b) a road authorized under an agreement under the Forest Act;
(c) a road authorized under a special use permit;
(d) a road constructed or maintained under

section 121 of the Forest Act by the minister responsible for that Act;
(e) any other road constructed or maintained under
(ii) the Forest Act,
(iii) the former Act as defined in

section 1 of the Forest Act, or
(iv) the Forest Practices Code of British Columbia Act. (2) A road referred to in subsection (1) does not become a public highway under the common law as result of public money being spent on the road. 25 The minister may exempt a person in writing from specified provisions of this Act, the regulations or the standards if the minister considers it necessary or desirable so that the person may follow a course of action specified by the minister for the purposes of limiting or mitigating or both limiting and mitigating the spread of forest pests.

26 (1) If the minister determines that a forested area on private land is being damaged by insects, diseases, animals or abiotic factors, the minister, by written notice given to the owner, may require the owner to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.

(2) If the minister determines that on a forested area on Crown land that is subject to
(a.1) a forest stewardship plan,
(b) a woodlot licence plan, or
(c) another prescribed operational plan
there are insects, diseases, animals or abiotic factors that are causing damage to the forest, the minister, by written notice given to the holder of the plan, may require the holder to submit, for that forested area, a proposal that conforms to subsection (3) to control or dispose of the insects, diseases, animals or abiotic factors.

(3) An owner required under subsection (1), or a holder required under subsection (2), to submit a proposal must
(a) submit the proposal to the minister within the period specified by the minister,
(b) in the proposal, specify reasonable measures to be carried out for that forested area by the owner or holder, as the case may be, to control or dispose of the insects, diseases, animals or abiotic factors, and
(c) state the time frame within which the measures are to be completed. (4) The minister may approve or reject a proposal received in response to the minister's written notice given under subsection (1) or (2).

(5) If the minister approves a proposal under subsection (3), the owner or holder who made the proposal must carry out the measures specified in the proposal. (a) an owner of private land referred to in subsection (1), or
(b) a holder of a plan referred to in subsection (2)
who does not submit a proposal as required under subsection (1) or (2) or who does not comply with subsection (5), the minister may require the owner or holder to carry out measures specified in the order by a date specified in the order.

(7) If the minister approves a proposal submitted under subsection (3) or makes an order under subsection (6), the minister may, to the extent the minister considers necessary or desirable to facilitate the carrying out of the proposal or order, exempt the affected owner or holder from complying with one or more of the following provisions:
(a) a provision of this Act, the regulations or the standards;
(b) a provision of an agreement under the Forest Act;
(c) a provision of the Forest Act that requires the owner or holder to
(i) obtain a cutting permit, or
(ii) comply with a provision referred to in paragraph (b);
(c.1) a provision of a forest operations plan;
(d) a provision of a forest stewardship plan;
(e) a provision of a woodlot licence plan.

(8) If the minister makes an order under subsection (6) that is inconsistent with a provision referred to in subsection (7), the minister must, in making the order, exempt the affected owner or holder from the provision. (9) If a proposal approved, or an order made, by the minister under this section requires the holder of an agreement under the Forest Act to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government.

27 (1) If the Lieutenant Governor in Council considers that a forest health emergency exists in an area of Crown land or private land, he or she may designate the area by regulation as a forest health emergency management area. (a) the holder of an agreement under the Forest Act that authorizes timber harvesting in the emergency management area, or
to carry out measures in the emergency management area, limited in the case of the holder, to the area of the holder's agreement, to prevent, contain or limit the spread of forest health factors. (3) An order under subsection (2) must specify
(a) the measures to be carried out,
(b) the date by which the measures must be completed, and
(c) the person's right to a review under

section 80 or to an appeal under section 82. (4) A person is exempt from a provision referred to in

section 26 (7) if compliance with the provision would prevent the person from carrying out the measures referred to in subsection (2) of this section. (5) If an order made by the minister under this section requires the holder of an agreement under the Forest Act or the timber sales manager to carry out a measure other than timber harvesting, then to the extent provided in the regulations, the expenses of the measure are to be paid by the government. Division 4 — Silviculture and Gene Resources
28 Trees established on Crown land under

section 29 or 30 of this Act are the property of the government. 29 (0.1) The holder of an agreement within the meaning of

section 2.2 who harvests timber to which a forest operations plan applies must establish, in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest that are in the net area to be reforested. (1) The holder of an agreement within the meaning of

section 3 who harvests timber to which a forest stewardship plan applies must establish, in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest that are in the net area to be reforested. (2) A timber sales manager who is the holder of a forest operations plan or forest stewardship plan must establish, in accordance with the plan, the prescribed requirements and the standards, a free growing stand on those portions of the area of the harvest under the plan that are in the net area to be reforested.

(3) A holder of a woodlot licence who harvests timber under the licence must establish a free growing stand on those portions of the area of the harvest that are in the net area to be reforested in accordance with
(a) the woodlot licence plan, if any, that is pertinent to the licence,
29.1 (1) A person who, under

section 29 or Part 11, has an obligation to establish a free growing stand may transfer the obligation to another person by agreement if
(a) the agreement to transfer is in writing,
(b) the transfer meets the prescribed requirements, and
(c) the parties to the agreement submit it to the minister and the minister approves it. (2) An agreement referred to in subsection (1) has no effect if it does not receive the minister's approval under subsection (1) (c).

(3) A person to whom an obligation to establish a free growing stand was transferred by agreement under this section may transfer the obligation by agreement to another person if
(a) the latter agreement to transfer is in writing,
(c) the parties to the latter agreement submit it to the minister and the minister approves it. (4) An agreement referred to in subsection (3) has no effect if it does not receive the minister's approval under subsection (3) (c). (5) Without limiting subsections (1) (b) and (3) (b), the transfer must include the stocking requirements that pertain to the area.

(6) A person to whom an obligation to establish a free growing stand is transferred under this section may amend the stocking requirements that pertain to the area. (7) If the minister approves an agreement under subsection (1) (c) or (3) (c), the person who transferred the obligation is no longer required, as of the date of the approval, to meet the obligation. (8) If the minister approves an agreement under subsection (1) (c) or (3) (c) and the person to whom the obligation is transferred is the holder of an agreement listed in

section 12 of the Forest Act,
(a) the transferred obligation is conclusively deemed to be an obligation under the holder's agreement, and
(b) any security provided in respect of the holder's agreement is conclusively deemed to be security for the purposes of the transferred obligation,
except in prescribed circumstances. 30 (1) In this section, "licence holder" means a person who
(a) is the holder of a timber licence, forestry licence to cut, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence,
(b) is not the holder of a replaceable tree farm licence or a replaceable forest licence,
(c) has an obligation under

section 29 to establish a free growing stand on an area harvested under the timber licence, forestry licence to cut, non-replaceable forest licence, non-replaceable woodlot licence or non-replaceable timber sale licence, and
(d) meets prescribed requirements, if any. (2) A licence holder may request that the government assume responsibility for carrying out the obligation under

section 29 to establish a free growing stand
(a) by notice given to the district manager, or
(b) by notice given to the timber sales manager if the licence is a
(i) non-replaceable forest licence, or
that is a BC timber sales agreement.

(3) By notice given to a licence holder within a prescribed period after the holder has made a request under subsection (2), the district manager or timber sales manager in the case of a BC timber sales agreement, may assume on behalf of the government the responsibility for establishing the free growing stand if all of the following requirements have been met:
(a) the licence holder has completed timber harvesting on the area and the district manager or a timber sales manager in the case of a BC timber sales agreement, is satisfied with the way the timber harvesting has been carried out;
(b) the district manager or a timber sales manager in the case of a BC timber sales agreement is satisfied that the licence holder
(i) is in compliance with this Act, regulations and standards with respect to the area, or
(ii) has remedied any contraventions of this Act, regulations or standards on the area that the minister required to be remedied;
(c) the licence holder has paid the government an amount that the district manager or a timber sales manager in the case of a BC timber sales agreement determines will pay the costs of establishing the free growing stand and any other directly or indirectly associated costs;
(d) other prescribed requirements.

(4) Money collected by the government under subsection (3) must be paid into the Silviculture Payments Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act. (5) A licence holder to whom notice has been given within the prescribed period referred to in subsection (3) ceases to be responsible for the obligation under

section 29 to establish a free growing stand on the first date, after completion of timber harvesting, as described in subsection (3) (a), on which the requirements set out or referred to in subsection (3) (b) to (d) have all been fulfilled. (6) Compensation is not payable to the government or licence holder for any difference between the amount paid under subsection (3), and the actual costs incurred by the government both directly and indirectly to establish the free growing stand. (7) A receipt of a request under subsection (2) does not require
to assume, on behalf of government, the obligation under

section 29 to establish a free growing stand. 31 A person required to establish a free growing stand must ensure that seed used for that purpose conforms to prescribed requirements. 31.1 (1) In prescribed circumstances, the chief forester may, by order, require the holder of a forest stewardship plan to comply with stocking standards set out in the order. (2) In making an order under subsection (1), the chief forester may exempt the holder of the forest stewardship plan from a stocking standard set out in the plan or the regulations on the condition that the holder complies with the stocking standards set out in the order.

Division 1 — Range Use Plan and Range Stewardship Plan
32 (1) Before the holder of an agreement under the Range Act grazes livestock or cuts hay on Crown range to which the agreement applies, the holder must prepare, and obtain the minister's approval of,
(b) if subsection (2) applies, a range stewardship plan
that includes the area on which the grazing or hay cutting will occur. (2) The minister may authorize the holder of an agreement under the Range Act to prepare a range stewardship plan
(a) that does not include the matters described in

section 35 (2) if satisfied that the holder has demonstrated competence in the management of Crown range for at least 2 years, or
(b) that includes the matters described in

section 35 (2), if satisfied that the holder has demonstrated competence in the management of Crown range for at least 5 years.

(3) Without restricting subsection (2), in determining whether a person has demonstrated competence the minister must consider
(a) the person's performance record,
(b) the condition of the Crown range to which the range stewardship plan would apply, and whether the person has maintained or improved forage quality and quantity on the Crown range, and
(4) Unless a holder of an agreement under the Range Act is notified by the minister that he or she is considering matters preliminary to granting an authorization under subsection (2), the minister is deemed to have authorized the holder under subsection (2) in respect of a range stewardship plan for an area if the holder
(a) has a range stewardship plan for the area that is in effect, and
(b) is preparing a range stewardship plan that is consistent with the range stewardship plan in effect in respect of including or not including the matters described in

33 (1) A range use plan for grazing of livestock must
(a) include a map of a scale and format satisfactory to the minister that
(i) shows the area for the agreement under the Range Act that pertains to the plan,
(ii) specifies the location and type of range developments in that area, and
(iii) specifies the pastures that are in that area,
(b) include a schedule that describes for each pasture to be used for grazing of livestock,
(ii) the number of livestock, and
(c) specify actions to be carried out in the area under the plan to deal with issues identified by the minister,
(d) conform to prescribed requirements, and
(e) be consistent with objectives set by government and other objectives that are established under this Act and that pertain to all or part of the area subject to the plan.

(2) A range use plan for grazing of livestock or an amendment to a range use plan for grazing of livestock must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

34 (1) A range use plan for hay cutting, must
(iii) the areas for hay cutting,
(b) include a schedule that describes for each area to be used for hay cutting
(i) the average stubble height for the area to be cut, and
(ii) the period of hay cutting,
(c) specify actions to be carried out in that area to deal with issues identified by the minister,

(2) A range use plan for hay cutting or an amendment to a range use plan for hay cutting must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

35 (1) A range stewardship plan must
(b) specify actions to be carried out in the area under the plan to deal with issues identified by the minister,
(c) conform to prescribed requirements, subject to subsection (2), and
(d) be consistent with objectives set by government and other objectives that are established under this Act and that pertain to all or part of the area subject to the plan.

section 32 (2) (b) as to the competence of the holder of a range stewardship plan or an amendment to a range stewardship plan the holder of the plan may specify intended results or strategies to achieve them. (3) The intended results or strategies specified under subsection (2) may differ from the prescribed requirements referred to in subsection (1) as the minister, at the time of approval of the plan, considers to be appropriate in the circumstances. (4) A range stewardship plan or an amendment to a range stewardship plan must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.

36 (1) The term of a range use plan or range stewardship plan is the period, not exceeding 5 years, that the minister specifies at the time of approval. (2) Despite subsection (1), the minister, in the circumstances and on the conditions, if any, that are prescribed may extend the term of a range use plan or range stewardship plan for an additional period not exceeding 5 years. (3) The extended range use plan or extended range stewardship plan may include changes to the extent authorized by regulation.

37 (1) The minister must approve a range use plan, a range stewardship plan or an amendment to either if the minister determines that the plan or amendment
(a) is consistent with the agreement under the Range Act that pertains to the plan, and
(b) conforms to this Act, the regulations and the standards.

(2) A range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.

(2.1) The Lieutenant Governor in Council, by order, may declare that a range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order. (3) The minister or the person seeking approval of a range use plan, a range stewardship plan or an amendment to either may refer the plan to an advisory committee for its recommendations, and the minister may consider those recommendations when making a determination under subsection (1).

(4) The minister must give reasons for refusing to approve a range use plan, a range stewardship plan or an amendment to either. 38 (1) The holder of a range stewardship plan that includes the matters described in

section 35 (2), must ensure that the strategies or actions specified in the plan continue during the term of the plan to be sufficient to achieve the intended results specified in the plan. (a) a range stewardship plan that does not include the matters described in

section 35 (2), or
must ensure that the actions specified in the plan to deal with issues identified by the minister continue during the term of the plan to be sufficient to deal with those issues. (3) The holder of a range stewardship plan described in subsection (1) who knows or reasonably ought to know that the strategies or actions specified in the plan, are not sufficient to achieve the intended results specified in the plan, must prepare and submit to the minister an amendment to the plan so that the plan, as approved, is sufficient to achieve those intended results.

(4) The holder of a range stewardship plan described in subsection (2) (a) or a range use plan mentioned in subsection (2) (b) who knows or reasonably ought to know that the actions specified in the plan are not sufficient to deal with issues identified by the minister must amend the plan so that it is sufficient to deal with those issues. (5) The holder of a range use plan or range stewardship plan, if and as directed by order of the minister, must prepare and submit an amendment to the plan to take into account prescribed circumstances.

39 (1) At the request of a holder of an agreement under the Range Act, the minister may determine whether range use plans or range stewardship plans held by other holders of agreements under the Range Act prevent or are likely to prevent the holder making the request from
(a) exercising the holder's rights under the holder's own agreement, or
(b) achieving a requirement of the holder's own range use plan or range stewardship plan.

(2) If the determination under subsection (1) is that the requesting holder is prevented or is likely to be prevented from doing the things described in subsection (1) (a) or (b), the minister by order may require one or more of the other holders of agreements referred to in subsection (1) to prepare and submit for the minister's approval the appropriate amendments to one or more range use or range stewardship plans so that the holder making the request does not continue to be prevented from doing those things. (3) Before making a determination under this section, the minister must give the holders of range use plans or range stewardship plans affected an opportunity to be heard. 40 Despite

section 37 (1) and unless otherwise prescribed, an approval is not required to amend a range use plan or range stewardship plan if its holder determines that the proposed amendment
(a) otherwise conforms to this Act, the regulations and the standards, and
(b) does not materially affect the likelihood of achieving the intended results specified in the plan.

41 (1) In prescribed circumstances, before a person submits for approval a range use plan, range stewardship plan or an amendment to either, the person must make the plan or amendment available for
(2) Despite subsection (1), the minister may approve a range use plan or an amendment to one that has not been made available for review and comment if
(a) the plan or amendment is for an area that is subject to a temporary grazing permit or temporary hay cutting permit, and
(b) the minister determines that the range use plan, range stewardship plan or amendment otherwise meets the requirements of this Act, the regulations and the standards.

42 In prescribed circumstances, the minister may establish targets for sharing, in specified proportions between or among the holders of range use plans and range stewardship plans, the responsibility to achieve objectives set by government. 43 (1) The holder of a range stewardship plan must prepare a grazing schedule that includes for each area that will be used for grazing, all of the following:
(2) The grazing schedule must be submitted each year to the district manager before the holder grazes livestock on Crown range. 44 A person who has prepared a grazing schedule must make it available to a person on request.

45 (1) A person who grazes livestock, cuts hay or carries out or maintains a range development on Crown range must do so in accordance with
(a) this Act, the regulations and the standards, and
(b) the applicable range use or range stewardship plan. (2) The holder of an agreement under the Range Act that authorizes grazing of livestock must ensure that all livestock authorized to graze on Crown range under the agreement are
(a) marked with the holder's registered brand or marked in another manner approved by the minister, and
(b) identified by a mark or tag designating them as animals pastured under the agreement, if the minister requires it.

Part 5 — Protection of Resources
46 (1) A person must not carry out a forest practice, a range practice or another activity that results in damage to the environment, unless in doing so
(i) is acting in accordance with a plan, authorization or permit under this Act,
(ii) is not required to hold a plan or permit because of an exemption under this Act and is acting in accordance with this Act, the regulations and the standards, or
(iv) is acting in accordance with another enactment, and
(b) the person does not know and cannot reasonably be expected to know that, because of weather conditions or site factors, the carrying out of the forest practice, range practice or other activity may result, directly or indirectly, in damage specified by regulation.

(1.1) A person, other than a person described in subsection (1), must not engage in any activity on Crown land that results in damage to the environment, unless in doing so
(iii) is acting in accordance with another enactment, and
(b) the person does not know and cannot reasonably be expected to know that, because of weather conditions or site factors, engaging in the activity may result, directly or indirectly, in damage specified by regulation.

(2) A person who contravenes subsection (1) or (1.1) must
(a) take appropriate action to prevent any further damage,
(b) promptly notify the district manager of the damage, and
(c) take any remedial measures that the minister requires under

section 74. (3) A person who discontinues a forest practice, a range practice or another activity referred to in subsection (1) or an activity referred to in subsection (1.1) may resume that practice or activity only if and when
(a) it can be resumed without contravening subsection (1) or (1.1), as the case may be, and
(b) the minister is satisfied that any remedial measures required under subsection (2) (c)
47 (1) A person carrying out a forest practice or a range practice must carry out measures that are
(a) specified in the applicable operational plan, or
(b) authorized by the minister
to prevent the introduction or spread of prescribed species of invasive plants.

(2) Despite expiry of the operational plan referred to in subsection (1) (a), subsection (1) continues to apply to the holder of that plan in respect of any area that is
(a) in a forest development unit included in the plan, and
(b) subject to a cutting permit or road permit issued in respect of the plan before the plan expired.

(3) If a forest stewardship plan is amended to remove the holder of a licence or an agreement as a party to the plan, subsection (1) continues to apply to that holder in respect of any area that is
(b) subject to a cutting permit or road permit issued in respect of the plan before the plan was amended. that directly or indirectly removes or renders ineffective a natural range barrier must carry out measures that are
(c) specified in an operational plan for the area, or
(d) authorized by the minister
to mitigate the removal or the ineffectiveness of the natural range barrier.

(2) Despite expiry of the operational plan referred to in subsection (1) (c), subsection (1) continues to apply to the holder of that plan in respect of any area that is

(b) subject to a cutting permit or road permit issued in respect of the plan before the plan was amended. 49 A person does not contravene this Act or the regulations by doing or omitting to do something that is reasonably necessary to control a fire, unless the person knows or reasonably ought to know, that an official has declared that the fire is under control.

50 (1) A person must not cause or permit livestock to be driven on or to graze on Crown range unless
(a) authorized to do so under an agreement under the Range Act or under the regulations under this Act, and
(b) the person acts in accordance with this Act, the regulations, the standards and any applicable range use plan or range stewardship plan. (2) A person must not cut, remove, damage or destroy hay on Crown range unless
(a) authorized to do so under an agreement under the Range Act or the regulations under this Act, and
(b) the person acts in accordance with this Act, the regulations, the standards and any applicable range use plan.

51 (1) Unless authorized in writing by the minister, a person must not
(a) store hay on Crown range, or
(b) carry out, construct, modify, remove, damage or destroy a range development on Crown range. (2) A person, other than the holder of an agreement under the Range Act, must obtain the authorization of the minister before maintaining a range development on Crown land.

(a) require a person seeking authorization under this section to submit the matter for which the authorization is sought for review in accordance with prescribed requirements, and for comments by interested parties during the course of the review,
(b) grant or refuse the authorization, depending on the outcome of a review required under paragraph (a), and
(c) impose pre-conditions or conditions of an authorization that the minister considers necessary or desirable, to be met by the person, including, but not limited to, requiring that the person provide security.

(4) The minister may grant an authorization under this section only if
(a) it is consistent with any range use plans, range stewardship plans and objectives set by government for the area covered by the authorization, and
(b) the minister is satisfied that the authorization will adequately provide for the range resources of the area to which it applies. (5) If the minister requires security under subsection (3) (c), the minister may specify
(a) when the security must be paid,
(b) the amount of security that is required,
(c) the form of the security, and
(d) the circumstances under which the security may be realized. (6) A person who obtains an authorization under this section must comply with any conditions of the authorization.

section 71 that a person has contravened subsection (1) or (6), the minister may order the person to
(a) remove or destroy or remove and destroy the stored hay or the range development,
(b) restore the land under the stored hay or the range development, or both, or
(c) repair or rehabilitate the range development. (8) If satisfied that a range development is not effective, or is no longer needed for its original purpose, the minister may order the person responsible for the range development to remove it and rehabilitate areas that were affected by it. (9) The minister may revoke or vary an authorization under this section.

Division 2 — Unauthorized Timber Harvesting, Trespass and Tree Spiking
52 (1) A person must not cut, damage or destroy Crown timber unless authorized to do so
(a) under this Act, the Forest Act or an agreement under the Forest Act,
(b) by the minister, for silviculture, stand tending, forest health, abating a fire hazard related to wildfires or another purpose,
(b.1) under the Wildfire Act,
(c) under a grant of Crown land made under the Land Act,
(d) under the Park Act, or
(e) under the regulations, in the course of carrying out activities
(i) under an authorization referred in

section 51 or 57, or
(ii) that are incidental to or required to carry out activities authorized or approved under this Act, the Forest Act, the Range Act or another prescribed enactment. (2) A person is authorized to cut, damage or destroy Crown timber for the purpose of carrying out a forest practice that is funded under a vote as defined in

section 1 of the Financial Administration Act. (3) A person must not remove Crown timber unless authorized to do so
(a) under the Forest Act or an agreement under the Forest Act,
(b) under a grant of Crown land made under the Land Act, or
(c) under the Park Act. (4) If a person, at the direction of or on behalf of another person,
(a) cuts, damages or destroys Crown timber contrary to subsection (1), or
(b) removes Crown timber contrary to subsection (3),
that other person also contravenes subsection (1) or (3). 52.1 (1) The minister, in respect of an authorization under

section 52 (1) (b), may
(a) require the person seeking the authorization to submit the matter for which the authorization is sought for review in accordance with prescribed requirements, and for comments by interested parties during the course of the review,
(b) grant or refuse the authorization, depending on the outcome of a review required under paragraph (a) of this subsection, and

(2) If the minister requires security under subsection (1) (c), the minister may specify
(d) the circumstances under which the security may be realized. (3) A person who obtains an authorization under

section 52 (1) (b) must comply with any conditions of the authorization. (4) The minister may revoke or vary an authorization under

section 52 (1) (b). 53 (1) Before an owner or occupier of private land that is adjacent to Crown land authorizes another person to cut or remove timber from the private land, the owner or occupier must inform that other person of the boundaries of the private land. (2) Before a person cuts or removes timber from private land adjacent to Crown land, the person must ascertain the boundaries of the private land. 54 (1) A person must obtain the consent of the minister before constructing or occupying a building or other structure on Crown land in a Provincial forest unless the construction or occupation is authorized under another enactment. (2) If the minister determines under

section 71 that a person has contravened subsection (1), the minister may order the person to do one or more of the following:
(a) remove the building or other structure;
55 On private land that is subject to an agreement under the Forest Act or on Crown land, a person must not
(a) drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter,
(b) possess any nail, spike or other potentially hazardous object with the intention of driving or placing it into any timber that the person does not own or is not authorized to alter, or
(c) solicit funds or materials from another person with the stated intention that the funds or material will be used to enable any person to drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter.

(a) the establishment of Crown land as an interpretive forest site, a recreation site, a recreation trail or a trail-based recreation area, except Crown land that is being administered by another minister, branch or agency of government,
(b) the variance of the boundaries of an interpretive forest site, a recreation site, a recreation trail or a trail-based recreation area, and
(c) the disestablishment of an interpretive forest site, a recreation site, a recreation trail or a trail-based recreation area. (3) The minister may establish an objective for an interpretive forest site, a recreation site, a recreation trail or a trail-based recreation area established under subsection (1). (4) An objective established under subsection (1) must be consistent with objectives set by government that pertain to the area.

57 (1) Unless authorized in writing by the minister or under another enactment, a person must not
a trail or other recreation facility on Crown land. (2) The minister may impose pre-conditions or conditions of an authorization that the minister considers necessary or desirable, to be met by the person, including, but not limited to, requiring that the person provide security. (2.1) If the minister requires security under subsection (2), the minister may specify
(d) the circumstances under which the security may be realized. (3) A person who obtains an authorization under subsection (1) must comply with any conditions of the authorization.

section 71 that a person has contravened subsection (1), the minister may order the person to
(a) remove or destroy or remove and destroy the trail or facility, and
(b) restore the land underlying the trail or facility. (5) The minister may revoke or vary an authorization granted under this section.

58 (1) If the minister determines that it is necessary to protect a recreation or range resource or to manage public recreation use on Crown land, he or she by order may restrict or prohibit
(i) any of the following established under the Forest Practices Code of British Columbia Act for recreation:
(A) a resource management zone;
(ii) any of the following that is on Crown land:
(A) an interpretive forest site;
(D) a trail-based recreation area,
except any non-recreational use permitted under the Coal Act, the Mineral Tenure Act or the Energy Resource Activities Act, or
(b) a recreational use anywhere on Crown land, except a use that is specifically permitted under another enactment.

(2) The minister may make different orders under subsection (1) for different uses and locations. (3) The minister must post a notice of an order under subsection (1) in the area to which the order applies. (4) Without lawful authority, a person must not remove, alter, destroy or deface a notice posted under subsection (3). Part 6 — Compliance and Enforcement
58.1 In this Part, "Acts" means one or more of the following:
(a) this Act, the regulations or the standards;
(b) the Forest Act or a regulation made under that Act;
(c) the Range Act or a regulation made under that Act;
(d) a provision, other than a prescribed provision, of the Forest Practices Code of British Columbia Act or of a regulation made under that Act.

58.2 (0.1) A reference in this section to a provision of this Act is to be read as a reference to the provision as it read immediately before the date this subsection comes into force. (1) Sections 59 to 70, 71 (1), (2), (5) and (6), 72 to 86, 88 to 96, 98 to 101 and 103 of this Act apply to and in respect of
(a) the Forest Practices Code of British Columbia Act, and
(b) the regulations or standards under that Act
in relation to the period that ended at midnight on January 30, 2004. (2) Subject to

section 36 (1) (d) of the Interpretation Act, for contraventions of
(a) the Forest Practices Code of British Columbia Act, or
that occurred before midnight on January 30, 2004,
(c) the maximum administrative penalties, and
(d) the maximum fines and periods of imprisonment
are as provided for under the Forest Practices Code of British Columbia Act at the time of the contravention. (3) For the purposes of this section,
(a) the references in

section 67 of this Act to sections 52, 50 (2) and 51 must be read as references to sections 96, 100 and 101, respectively, of the Forest Practices Code of British Columbia Act,
(b) the reference in

section 68 (1) of this Act to section 50 (1) must be read as a reference to section 98 of the Forest Practices Code of British Columbia Act,
(c) the reference in

section 71 (2) (a) (i) of this Act to an administrative penalty in an amount that does not exceed a prescribed amount must be read as a reference
(A) the penalty provided for under

section 117 (1) of the Forest Practices Code of British Columbia Act, up to and including the amount provided for under that provision, or
(B) that penalty plus the additional penalty provided for in

section 119 (3) of that Act, up to and including the amount referred to in that provision, or
(A) the penalty provided for in

section 119 (1) of the Forest Practices Code of British Columbia Act, up to and including the amount referred to in that provision, or

section 119 (3) of that Act, up to and including the amount referred to in that provision,
(d) the references in

section 90 of this Act to sections 26 (6), 51 (7), 54 (2), 57 (4), 66 (1) and 74 (1) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Forest Practices Code of British Columbia Act,
(e) the reference in

section 93 of this Act to section 46 (1) must be read as a reference to section 45 (1), (3) or (4), as applicable, of the Forest Practices Code of British Columbia Act,
(f) the references in

section 93 of this Act to sections 50 (1), 54 (1), 55 and 57 (1) must be read as references to sections 98, 99 (1), 103 and 102 (1), respectively, of the Forest Practices Code of British Columbia Act,
(g) the references in

section 94 of this Act to sections 52 and 53 must be read as references to sections 96 and 97, respectively, of the Forest Practices Code of British Columbia Act,
(h) the reference in

section 95 of this Act to section 50 must be read as a reference to section 100 of the Forest Practices Code of British Columbia Act, and
(i) the reference in

section 96 of this Act to section 57 must be read as a reference to section 102 of the Forest Practices Code of British Columbia Act. Division 1 — Inspecting, Stopping and Seizing
(1.1) In subsection (2), "dwelling" means
(a) a structure that is occupied as a private residence, and

(2) For any purpose related to the administration or enforcement of the Acts or an agreement under the Forest Act or the Range Act, or related to the verification of a statement made in an application for an agreement under the Forest Act or the Range Act, an official may enter, at any reasonable time, on land or premises, other than a dwelling, if the official has reasonable grounds to believe that the land or premises
(a) has located on it timber that is required to be scaled or marked with a timber mark under the Forest Act,
(b) is the site of a forest or range practice that is regulated under the Acts or is carried on by a person who is required under the Acts to hold a licence or permit to carry out that practice,
(c) is the site of trading in botanical forest products, or
(e) is the site of an activity that under the Acts requires a licence, a permit, a plan or an approval.

(3) At any reasonable time an official may enter on land that is in or within 1 km of a forest to inspect for fire hazards if the official has reasonable grounds to believe that an activity is being carried out or a condition exists on the land that might cause or produce a fire hazard. (4) An official who enters on land or premises under this section may
(a) inspect anything or any activity that is reasonably related to the purpose of the inspection, and
(b) require production for the purposes of inspection or copying of
(i) a licence, a permit or an operational plan that is required for the activity, and
(ii) a record required to be kept under the Acts.

(5) A peace officer has the powers and duties of an official under subsections (2) and (4) with respect to the enforcement of the provisions of the Forest Act and regulations respecting marine log salvage. 60 For any purpose related to the administration and enforcement of the Acts, an official or a peace officer may
(a) require a person operating a vehicle or vessel to stop the vehicle or vessel, and
(b) carry out an inspection of a vehicle or vessel,
if the official or peace officer has reasonable grounds to believe that
(c) the vehicle or vessel contains or is transporting timber, special forest products, seed, botanical forest products or hay, or
(d) a person is contravening or has contravened one or more provisions of the Acts.

61 (1) The minister may order the holder of an agreement under the Forest Act or the Range Act to produce to the minister specified records that are related to an activity that requires a licence, a permit, a plan or an approval under the Acts or under the agreement. (2) At any reasonable time, an official may enter the business premises of a holder of an agreement under the Forest Act or the Range Act in which records are kept, for the purpose of inspecting or copying records that are required to be kept under the Acts.

62 An official who
(a) under this Division enters onto land or premises, conducts an inspection, stops a vehicle or vessel or requests records, or
(b) under Division 2 of this Part seizes goods
must provide proof of identity, on the request of the person who
(c) is in possession or apparent possession of the land or premises,
(d) has apparent custody or control of the records or property being inspected,
(e) is in charge of the activity being inspected, or
(f) is operating a vehicle or vessel stopped under

section 60. 63 (1) The operator of a vehicle or vessel must stop the vehicle or vessel when required to do so by
(b) an official referred to in

section 60
who
(d) displays his or her official badge, or
(e) is in or near a vehicle or vessel that is readily identifiable as a government vehicle or vessel. (a) is in possession or apparent possession of the land or premises,
(b) has apparent custody or control of the records or property being inspected,
(c) is in charge of the activity being inspected, or
(d) is operating a vehicle or vessel stopped under

section 60,
must produce if and as required by the official
(f) a licence, a permit or an operational plan held by the person under the Acts, or
64 (1) A justice of the peace may issue a warrant under

section 21 or 22 of the Offence Act to an official to enter premises and search for and seize evidence of a contravention of the Acts. (2) The Offence Act applies to the search and seizure. 65 An official exercising powers or performing duties or functions under this Part may be accompanied by a peace officer. 66 (1) If an official has reasonable grounds to believe that a person is contravening a provision of the Acts, the official may order that the contravention stop, or stop to the extent specified by the order, until the person has a required licence, permit, plan, approval, variance, exemption or other authorization.

(2) An order to stop work under subsection (1) must be in writing and include all of the following:
(b) the extent to which the contravention or activity must cease;
(c) the date by which the requirements of paragraph (b) must be met;
(d) notice of the person's right under

section 80 to a review or under section 82 to an appeal;
(e) an address to which a request for a review may be delivered. (3) In addition to the methods of giving notice under

section 110, the official who issues a stop work order may give it to a corporation or partnership, by giving the order to an individual who is working at the site on behalf of the corporation or partnership. (4) An official who exercises the discretion under subsection (3) must also notify the corporation or partnership as specified in

section 110, within 72 hours after giving the order to the individual mentioned in subsection (3). (5) An order under this section may be made to apply generally or to one or more persons named in the order. (6) The official who issued an order under subsection (1) or the minister
(a) must rescind the order if the official or the minister determines that there were insufficient grounds for issuing the order, and
67 (1) An official may seize the following:
(a) Crown timber that the official has reasonable grounds to believe was cut or removed in contravention of

section 52;
(b) timber, lumber, veneer, plywood, pulp, newsprint, special forest products, wood residue and chattels on which the government has a lien under

section 130 (1) (d) of the Forest Act;
(c) timber, including special forest products, that the official has reasonable grounds to believe
(i) was removed from land in contravention of

section 84 (1) or (3) of the Forest Act,
(ii) is being or has been manufactured, sold or transported contrary to

section 94 or 94.1 of the Forest Act,
(iii) is being transported outside British Columbia in contravention of

section 127 of the Forest Act,
(iii.1) a person is attempting to remove from British Columbia in contravention of

section 127.1 of the Forest Act,
(iv) is being or has been transported in contravention of any regulation made under the Forest Act, or
(v) is mixed with timber to which this subsection applies;
(e) seed that the official has reasonable grounds to believe has been collected contrary to the prescribed requirements;
(f) hay that the official has reasonable grounds to believe has been cut, removed or damaged contrary to

section 50 (2);
(g) hay that the official has reasonable grounds to believe has been stored contrary to

section 51;
(h) a botanical forest product that the official has reasonable grounds to believe has been obtained contrary to the regulations;
(i) a vehicle or vessel transporting any of the following to which paragraphs (a) to (h) apply:
(v) botanical forest products. (2) If satisfied, after reconsidering the circumstances of a seizure under this section, that there is no longer any basis for retaining the things seized, the official who seized the things may release them and
(a) return them to the person from whom they were seized, or
(b) deliver them at the direction of that person to another person.

(a) deal with, at his or her discretion, Crown timber seized under subsection (1) (a), seed seized under subsection (1) (e), hay seized under subsection (1) (f), botanical forest products seized under subsection (1) (h), or
(b) after giving the person from whom the timber, chattels, timber products or hay seized under subsection (1) (b), (c) or (g) an opportunity to be heard, sell at a public auction the timber, chattels, timber products or hay.

(4) If timber, chattels or timber products are sold under subsection (3) (b), notice of the public auction must be published at least 10 days in advance, in or near the area where the sale is to take place, and must
(a) specify the time and place of the auction, and
(b) identify by name the person from whom the timber, chattel or timber product was seized.

(5) If the money realized from the public auction exceeds the money that is payable to the government, including interest and the costs of seizure, storage and sale, the surplus must be paid to the person who possessed the property when it was seized if the property is
(a) timber, a chattel or a timber product seized under subsection (1) (b), or
(b) timber seized under subsection (1) (c) (v). (6) Despite subsection (5), if within 30 days after the sale a person other than the person referred to in subsection (5) serves a notice of a claim to the surplus on a person designated by the minister, the surplus must be retained until the determination of the respective rights of persons claiming the surplus.

(7) The proceeds from the sale of timber, a chattel or a timber product seized and sold under this section, other than
(a) timber, chattels or timber products referred to in subsection (5) (a) or (b), and
(b) an amount equal to the costs of seizure, storage and sale
must be paid into the consolidated revenue fund, and an amount equal to the costs of seizure, storage and sale may be used to pay those costs or reimburse the payment of those costs. (8) A vehicle or vessel seized under subsection (1) (i) must be released from seizure once the timber, chattel, timber product, seed, hay or botanical forest product is delivered to a location specified by the official.

68 (1) If an official has reasonable grounds to believe that a person has contravened

section 50 (1), the official, or person authorized by the official, may do one or more of the following:
(a) drive the livestock that are the subject of the contravention from Crown range;
(b) round up, seize, tranquilize and hold the livestock;
(i) the safety of a person acting under this section is threatened by an animal that is being driven, rounded up, seized, tranquilized or held,
(ii) it is impracticable to round up the livestock, or
(iii) it would be humane treatment to do so.

(2) If livestock are held under subsection (1),
(a) an official may return the livestock to the owner
(i) on payment of the reasonable costs of driving, rounding up, seizing, tranquilizing, holding, maintaining and returning the livestock or of disposing of a destroyed animal, or
(ii) if satisfied, after reconsidering the circumstances that led to the livestock being held, that there is no longer any basis for holding the livestock, or
(b) the minister may sell the livestock. (3) The minister, an official or a person authorized by an official must take reasonable care of livestock while driving, rounding up, seizing, tranquilizing, holding, returning or selling them under this section.

(4) If livestock is sold under subsection (2)
(a) the government must pay the balance of proceeds realized from the sale, after deducting the costs incurred for the driving, rounding up, seizing, holding and selling the livestock to a person who
(i) provides evidence satisfactory to the district manager that the person owned the livestock immediately before the sale, and
(ii) applies in writing to the district manager for the balance within 6 months after the sale,
(b) the balance of proceeds from the sale, after deducting the costs incurred for driving, rounding up, seizing, holding and selling the livestock, if not paid under paragraph (a), must be paid into the consolidated revenue fund, and
(c) an amount equal to the costs of seizure, storage and sale may by used to pay those costs or reimburse the payment of those costs.

section 67 or 68 and
(b) deliver them at the direction of that person to another person. (2) On a sale under

section 67 or 68 the purchaser acquires absolute ownership free of encumbrances. 70 Without the permission of the minister a person must not, remove, alter, destroy or deface a notice posted by the government for the purposes of notifying the public of a seizure under

Division 3 — Administrative Remedies
70.1 In this Division:
"remedial action", in relation to a contravention of a provision of the Acts, means any of the following:
(a) repairing or replacing a building, structure, bridge, culvert, work, installation or other improvement owned by the government that was damaged or destroyed as a direct or indirect result of the contravention;
(b) replicating work, including, without limitation, silviculture treatment or wildlife habitat restoration or enhancement, that has been
(i) carried out on Crown land, and
(ii) rendered ineffective as a direct or indirect result of the contravention;
(c) re-establishing a free growing stand on an area affected by the contravention;
(d) doing any other work that the minister considers is reasonably necessary to remedy or avoid harm that results or may result, directly or indirectly, from the contravention;
"remedial work order" means
71 After giving notice and an opportunity to be heard to a person who is alleged to have contravened a provision of the Acts, the minister may determine whether the person has contravened the provision.

section 71 that a person has contravened a provision of the Acts if the person establishes that
(a) the person exercised due diligence to prevent the contravention,
(b) the person reasonably believed in the existence of facts that, if true, would establish that the person did not contravene the provision, or
(c) the person's actions relevant to the provision were the result of an officially induced error. 73 (1) Subject to

section 72, if a person's contractor, employee or agent contravenes a provision of the Acts in the course of carrying out the contract, employment or agency, the person also contravenes the provision. (2) If a corporation contravenes a provision of the Acts, a director or an officer of the corporation who authorized, permitted or acquiesced in the contravention also contravenes the provision. 74 (1) If the minister determines under

section 71 that a person has contravened a provision of the Acts, the minister may, by order, impose an administrative penalty on the person in an amount that does not exceed the amount determined in accordance with the regulations.

(2) Before the minister imposes an administrative penalty under this section, the minister must consider the following:
(a) previous contraventions of a similar nature by the person;
(c) whether the contravention was repeated or continuous;
(d) whether the contravention was deliberate;
(e) any economic benefit derived by the person from the contravention;
(f) the person's cooperativeness and efforts to correct the contravention;
(3) For the purposes of this section, the Lieutenant Governor in Council may make regulations providing for the determination of penalties that vary according to any of the following:
(a) the size of the area affected by the contravention;
(b) the volume of timber affected by the contravention;
(c) the number of trees affected by the contravention;
(d) the number of livestock affected by the contravention;
74.1 If an administrative penalty under

section 74 is imposed on a person, the minister must give to the person a notice that specifies the following:
(a) the provision contravened;
(d) the applicability of

section 130 of the Forest Act in relation to the penalty and the consequences of failing to pay the penalty by the due date;
(e) the person's right to a review under

section 80 of this Act or to an appeal under section 82 of this Act;
(f) an address to which a request for a review or appeal may be delivered. 74.2 (1) This section applies in relation to a person who
(a) is a holder of an agreement under the Forest Act or the Range Act, or
(b) is in a prescribed class of persons. (2) If the minister determines under

section 71 that a person has contravened a provision of the Acts, the minister may make an order requiring the person to carry out a remedial action. (3) If an order made under subsection (2) against a person is rescinded on review or appeal and the person has carried out the remedial action specified in the order, the government must, to the extent provided in the regulations, pay to the person an amount to cover any expenses incurred by the person in excess of the expenses that the person would have incurred if the order had not been made.

74.3 If the minister makes a remedial work order against a person, the minister must give to the person a notice that specifies the following:
(b) the action to be carried out by the person;
(c) the date by which the action must be completed;
(d) the person's right to a review under

section 80 or to an appeal under section 82;
(e) an address to which a request for a review or appeal may be delivered;
(f) the minister's authority to make orders under

section 74.4 if the person does not comply with the order. 74.4 (1) If a person does not comply with a remedial work order by the date specified in the notice given under

section 74.3, the minister may do one or more of the following:
(a) on giving notice to the person, restrict or prohibit the person from carrying out the action referred to in the order;
(c) if the minister carries out the action, make an order requiring the person to pay to the government the amount of all direct and indirect costs that the minister considers were reasonably incurred in carrying out the action;
(d) whether or not an order is made under paragraph (c), make an order imposing an administrative penalty not exceeding the amount determined in accordance with the regulations;
(e) for the purpose of recovering the costs referred to in paragraph (c), realize any security or deposit provided under the Acts by the person.

(2) If the minister realizes security under subsection (1) (e), the person must immediately replace the security. (3) The minister must refund to the person any surplus funds remaining from the realization of security under subsection (1) (e) after payment of the amount of the costs referred to in subsection (1) (c). 74.5 (1) If the minister makes an order under

section 74.4 (1) (c) against a person, the minister must give to the person a notice that specifies the following:
(a) the amount payable to the government;
(b) the applicability of

section 130 of the Forest Act in relation to the amount and the consequences of failing to pay the amount by the due date. (2) If an administrative penalty under

section 74.4 (1) (d) is imposed on a person, the minister must give to the person a notice that specifies the following:
(a) the amount of the penalty;
(b) the reasons for the penalty;

(f) an address to which a request for a review or appeal may be delivered. 74.6 If the minister determines under

section 71 that a person has contravened a provision of the Acts and the person is not required, by an order made under section 74.2 of this Act, to carry out a given remedial action, the minister may make an order requiring the person to pay either of the following amounts in relation to the remedial action:
(a) if the government has carried out the remedial action, the amount of all direct and indirect costs that the minister considers were reasonably incurred by the government in carrying out the remedial action;
(b) if the government has not carried out or will not carry out the remedial action, an amount that the minister considers is equivalent to the direct and indirect costs that would be incurred by the government in carrying out the remedial action if the government were to carry it out.

section 74.6 is made against a person, the minister must give to the person a notice that specifies the following:
(b) the amounts determined under

section 74.6;
(c) the date by which the amounts must be paid;

section 130 of the Forest Act in relation to the amounts and the consequences of failing to pay the amounts by the due date;

(f) an address to which a request for a review or appeal may be delivered. 74.8 All revenue derived from the following must be paid into the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act:
75 (1) The time limit for giving a notice under

section 71 is 3 years after the date on which the facts of the alleged contravention first came to the knowledge of an official. (1.1) The time limit for making an order under

section 74.4 (1) (c) or (d) is 5 years after the date specified in the notice given under section 74.3. (2) A document purporting to have been issued by an official referred to in subsection (1), certifying the date the facts of the alleged contravention first came to the knowledge of the official,
(a) is admissible in an appeal referred to in

section 82 of the determination, without proof of the signature or official character of the individual appearing to have signed the document, and
(b) in the absence of evidence to the contrary, is proof of the matter certified. 76.1 Despite

section 130 (1) (a) of the Forest Act, if
(a) an order or other determination made under this Act requires a person to pay an administrative penalty or other amount, and
(b) the person, under

section 80 or 82 of this Act may request a review of the order or other determination or may appeal the order or other determination,
the penalty or other amount is due and payable on the date the stay under

77 (1) The minister, by order that meets the prescribed requirements, may require a person who is the holder of an agreement under the Forest Act or the Range Act or is in a prescribed category of persons to
in a manner and to the extent that is reasonable in the circumstances, an act or omission of the person that the minister reasonably believes will result in a contravention of the Acts and will or probably will cause
(d) a catastrophic impact on public health or safety,
(e) any prescribed event or circumstance that will result in a free growing stand required under this Act not being established, or
(f) any prescribed event or circumstance having an adverse impact on the environment.

(2) If the minister believes on reasonable grounds that a person is transporting or is about to transport beetle-infested timber and that the transportation of the timber will or probably will cause or has caused an adverse impact on the environment, the minister, by order that meets the prescribed requirements, may require the person
(a) to stop or refrain from transporting the beetle-infested timber, and
(b) to carry out specified measures to reduce the potential for the adverse impact on the environment.

(3) The Lieutenant Governor in Council may prescribe the circumstances in which and the conditions on which a person who has taken measures under subsection (1) or (2) may recover all or part of an amount reasonably incurred for the direct costs of carrying out the measures.

77.1 (1) If an operational plan for an area is approved and the minister subsequently concludes, on the basis of information that was not known to the person who granted the approval, that carrying out a forest practice or range practice under the plan will continue or result in a potential unjustifiable infringement of an aboriginal right or title in respect of the area, the minister
(a) must notify the holder of the plan of the previously unavailable information,
(b) by order given to the holder of the plan, may vary or suspend to the extent the minister considers necessary one or more of the following:
(ii) a forest practice or range practice;
(c) by order given to the holder of a BC timber sales agreement who is operating under the plan, may vary or suspend to the extent the minister considers necessary one or both of the following:
(ii) a BC timber sales agreement.

(2) If the holder of an agreement under the Forest Act or the Range Act is exempt under this Act from the requirement to have an operational plan for an area and the minister subsequently concludes, on the basis of information that was not known to the person who granted the exemption, that carrying out a forest practice or range practice under the exemption will continue or result in a potential unjustifiable infringement of an aboriginal right or title in respect of the area, the minister
(a) must notify the following of the previously unavailable information:
(i) the holder of the agreement;
(ii) the timber sales manager, if the agreement is a BC timber sales agreement, and
(b) by order given to the holder of the agreement, may vary or suspend to the extent the minister considers necessary one or more of the following:
(i) the exemption, including any conditions associated with the exemption;
(v) a BC timber sales agreement.

(3) If the minister considers that an order under subsection (1) (b) or (2) (b) is no longer necessary, in whole or in part, the minister must promptly rescind the order except for those aspects, if any, that the minister considers are still necessary. (4) If an order under this section requires the holder of an agreement under the Forest Act or the Range Act to carry out a measure that results in the holder incurring expenses that are greater than if the order had not been made, then, to the extent provided in the regulations, the additional expenses of the measure are to be paid by the government. Division 4 — Corrections, Reviews and Appeals
78 (1) A determination that may be reviewed under

section 80 or appealed under section 82 is stayed until the person who is the subject of the determination has no further right to have the determination reviewed or appealed. (2) Despite subsection (1), the minister may order that a determination, other than a determination to impose an administrative penalty under

section 74 or 74.4 (1) (d) or to make an order under section 74.6, is not stayed or is stayed subject to conditions, on being satisfied that a stay or a stay without those conditions, as the case may be, would be contrary to the public interest. (3) Despite subsection (1), a determination is not stayed if the determination is made under prescribed sections or for prescribed purposes. 79 (1) Within 15 days after a determination is made under

section 2.39 (1), 16, 26 (2), 27 (2), 32 (2), 37, 51 (7), 54 (2), 57 (4), 66, 71, 74, 74.2, 74.4, 74.6 or 77 of this Act, the person who made the determination may
(a) correct a typographical, an arithmetical or another similar error in the determination, and
(c) correct an obvious error or omission in the determination. (2) The correction does not take effect until the date on which the person who is the subject of the determination is notified of it under subsection (4).

(3) The discretion conferred under subsection (1)
(a) is to be exercised in the same manner as the determination affected by it, and
(b) is exercisable with or without a hearing and
(i) on the initiative of the person who made the determination, or
(ii) at the request of the person who is the subject of the determination. (4) The person who corrected a determination under this section must notify the person who is the subject of the determination. 80 (1) Subject to subsection (2), at the request of a person who is the subject of a determination under

section 2.39 (1), 16, 20 (3), 26 (2), 27 (2), 32 (2), 37, 38 (5), 39, 51 (7), 54 (2), 57 (4), 66, 71, 74, 74.2, 74.4, 74.6, 77, 77.1, 97 (3), 107, 108 (1) or (2), 108.3 (2), 112 (1) (a) or 155 (2) of this Act, the person who made the determination, or another person employed in the ministry and designated in writing by the minister must review the determination, but only if satisfied that there is evidence that was not available at the time of the original determination.

(2) On a review required under subsection (1) the person conducting the review may consider only
(a) evidence that was not available at the time of the original determination, and
(b) the record pertaining to the original determination. (3) To obtain a review of a determination under subsection (1) the person must request the review not later than 3 weeks after the date the notice of determination was given to the person. (4) The minister may extend the time limit for requiring a review under this section before or after its expiry. (5) The person conducting the review has the same discretion to make a decision that the original decision maker had at the time of the determination under the review.

81 (1) If the board first receives the consent of the person who is the subject of a determination under

section 2.39 (1), 16, 37, 71, 74, 74.2, 74.4 or 74.6 of this Act, the board may require a review of the determination by the person who made the determination, or another person employed in the ministry and designated in writing by the minister. (2) To obtain a review of a determination under subsection (1), the board must require the review not later than 3 weeks after the date the notice of determination was given to the person. (3) The minister may extend the time limit for requiring a review under this section before or after its expiry. (4) The person conducting the review has the same discretion to make a decision that the original decision maker had at the time of the determination under the review.

82 (1) The person who is the subject of a determination referred to in

section 80, other than a determination made under section 77.1, may appeal to the commission either of the following, but not both:
(b) a decision made after completion of a review of the determination. (2) The board, if it so requests, has standing to be a party to an appeal under this section. 83 (1) The board may appeal to the commission either of the following, but not both:
(a) a determination referred to in

section 81;
(b) a decision made after completion of a review of the determination. (2) The board may apply to the commission for an order under

section 71, 74, 74.2, 74.4 or 74.6 to make a determination and has not done so, and
(b) a prescribed period has elapsed after the facts relevant to the determination first came to the knowledge of the minister. 83.1 In addition to the provisions of the Administrative Tribunals Act incorporated under Part 8.1 of this Act,

section 33 of that Act applies to appeals under sections 82 and 83 of this Act. (a) by a person under

section 83 (1),
the commission may
(c) consider the findings of the person who made the determination or decision, and
(i) confirm, vary or rescind the determination or decision, or
(ii) with or without directions, refer the matter back to the person who made the determination or decision, for reconsideration. (2) On application under

section 83 (2) by the board, the commission may order the minister to make a determination under the applicable provision referred to in section 83 (2) (a). 85 (1) The minister must publish an annual report on enforcement activities. (2) The minister must keep and make available to the public a performance record for holders of agreements under the Forest Act and the Range Act. Division 5 — Offences and Court Orders
86 (1) The time limit for laying an information respecting an offence under the Acts is 3 years after the date on which the facts that lead to the laying of the information first came to the knowledge of an official.

(2) A document purporting to have been issued by an official referred to in subsection (1), certifying the date on which the facts that lead to the laying of the information referred to in that subsection first came to the knowledge of the official,
(a) is admissible without proof of the signature or official character of the individual appearing to have signed the document, and
(b) in the absence of evidence to the contrary, is proof of the matter certified in the document. 87 (1) A person who contravenes

section 46 (1), 52 (1) or (3) or 112 (3) commits an offence and is liable on conviction to a fine not exceeding $1 000 000, or to imprisonment for not more than 3 years, or to both. (2) A person who contravenes

section 20.21 (1), 20.22 (1), 22 (2), 22.1 (1), 23.1 (1), 29 (0.1), (1) or (3), 55 (a) or 110.1 (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both. (a) contravenes

section 2.35 (2) (c) or (d), 3 (1) (c) or (d), 8 (1), 12 (1) (c) or (d), 15 (2), 22.1 (3), 22.11 (1), (2) or (4), 26 (3) or (5), 32 (1), 38 (1), (2), (3), (4) or (5), 45 (1) or (2), 46 (1.1), 47, 48, 50 (1) or (2), 51 (1), (2) or (6), 52.1 (3), 53 (1) or (2), 54 (1), 55 (b) or (c), 57 (1) or (3), 58 (4), 63 (1) or (2), 70, 97 (2) or 119, or
(b) does not comply with an order under

section 16 (5), 26 (6), 27 (2), 51 (7) or (8), 54 (2), 57 (4), 58 (1), 66 (1), 74 (1), 77 (1) or (2) or 77.1 (1) or (2),
commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both. (5) The maximum fine to which a person is liable on a second or subsequent conviction for the same offence under subsections (1) to (4) is double the amount set out in the applicable subsection.

(6) The Lieutenant Governor in Council may provide by regulation that
(a) a contravention of a regulation or standard is an offence, and
(b) a person convicted of an offence for a contravention of a regulation or standard is liable to a fine not exceeding a maximum amount, or to imprisonment not exceeding a maximum length, or to both. (7) If the maximum fine or imprisonment provided by a regulation under subsection (6) (b) is less than that provided by a provision of this Act, the regulation prevails. 88 (1) A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.

(2) The provisions of this Part are in addition to the provisions of any other enactment or rule of law under which
(a) a remedy or right of appeal or objection is provided, or
(b) a procedure is provided for inquiry into or investigation of a matter,
and nothing in this Act limits or affects that remedy, right, objection or procedure. 89 (1) The government may not proceed under this Act with both an offence and an administrative penalty for the same contravention. (2) Subsection (1) does not derogate from the government's ability to make an order respecting compensation or remediation. 90 (1) If the minister considers that a person is not complying, or has not complied, with an order made under

section 26 (6), 27 (2), 38 (5), 39 (2), 51 (7), 54 (2), 57 (4), 58 (1), 61 (1), 66 (1), 74.2 (2) or 77 of this Act, the minister may apply to the Supreme Court for either or both of the following:
(b) an order directing the directors and officers of the person to cause the person to comply with or to stop violating the order. (2) On application by the minister under this section, the Supreme Court may make an order it considers appropriate.

91 If a person is convicted of an offence under a provision of this Act or of the regulations, then, in addition to any punishment the court may impose, the court may order the person to comply with the provision. 92 If a person is convicted of an offence under this Act, then, in addition to any other penalty, the court may order the person to pay compensation or make restitution. 93 If a contravention of

section 46 (1), 50 (1) and (2), 54 (1), 55 or 57 (1) continues for more than one day, the offender is liable to a separate penalty, without notice and without a separate count being laid, for each day that the contravention occurs. 94 It is not a defence to a prosecution under

section 52 or 53 that the person charged with the offence had the right to cut or remove timber on private land adjacent to Crown land and did not know the boundaries of the private land. 95 It is not a defence to a prosecution under

section 50 that the person charged with the offence had the right to graze livestock or cut, remove or store hay on private land adjacent to Crown land and did not know the boundaries of the private land. 96 It is not a defence to a prosecution under

section 57 that the person charged with the offence had the right to construct, rehabilitate or maintain a recreation site or trail
(a) on private land adjacent to Crown land and did not know the boundaries of the private land, or
(b) on Crown land on which the person was authorized under another enactment to carry out the activities and did not know the boundaries of that parcel of Crown land. 97 (1) In this section, "person acting in an official capacity" means an individual who is
(a) employed under the Public Service Act or is a member of the board, the commission or the council, if any, or is a person retained under

section 138 (2), and
(b) exercising a power or performing a duty or function under this Act. (a) without lawful excuse, intentionally interfere with a person acting in an official capacity,
(b) without lawful excuse, intentionally not comply with a lawful requirement of a person acting in an official capacity, or
(c) intentionally make a false statement to, or mislead or attempt to mislead, a person acting in an official capacity.

(3) The minister may suspend or cancel
(a) a forest operations plan, forest stewardship plan, a woodlot licence plan, a range use plan or a range stewardship plan, or
if the minister, after giving a person who is alleged to have contravened subsection (2) an opportunity to be heard, considers that the person has contravened subsection (2) and that a plan or permit has been obtained as a result of that contravention.

98 If a person is convicted of an offence under this Act, then in addition to any other punishment that may be imposed, the court may, by order, do one or more of the following:
(a) prohibit the person from doing anything that may result in the continuation or repetition of the offence or contravention;
(b) direct the person to take any action the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;
(d) direct the person to compensate the minister for all or part of the cost of any remedial or preventative action taken by or caused to be taken on behalf of the ministry as a result of the act or omission that constituted the offence;

99 (1) The court that convicts a person of an offence under this Act may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence. (2) A fine increased under subsection (1)
100 (1) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by the defendant's contractor, employee or agent. (2) This section applies even if the contractor, employee or agent has not been identified or prosecuted for the offence.

101 Due diligence, mistake of fact and officially induced error are defences to a prosecution under this Act. 102 If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence. 103

Section 5 of the Offence Act does not apply to this Act, the regulations or the standards. Division 6 — Disclosure of Information
"administrative penalty" means a monetary penalty imposed under the Acts for a contravention of a provision of the Acts, but does not include a fine;
"fine" means an amount payable under the Acts or the Offence Act in respect of a conviction, or a violation ticket issued, for an offence against a provision of the Acts, whether payable as a penalty or otherwise and whether payable to the government, the court or another person or entity, and includes a victim surcharge levy under

section 8.1 of the Victims of Crime Act;
"sanction" includes a direction, decision or order. (2) In accordance with

section 33 (2) (e) of the Freedom of Information and Protection of Privacy Act, the minister may disclose the following information inside or outside Canada with respect to a person who is convicted of an offence, has paid or is liable to pay an administrative penalty or is subject to another sanction under a provision of the Acts:
(i) that the person contravened, or
(ii) under which a sanction has been imposed;
(i) the contravention occurred, or
(ii) the conduct or circumstances that resulted in the sanction arose;
(ii) the conduct or circumstances that resulted in the sanction;
(e) the fine, sentence, administrative penalty or other sanction to which the person is subject;
(f) if a fine, administrative penalty or other amount owing as a result of a sanction is overdue, the date it was due and the outstanding amount.

Division 1 — Liability and Privilege
105 For the purposes of any Act or law respecting libel or slander,
(a) anything said, all information supplied and all records and things produced in the course of an investigation, an inquiry or proceedings before the board, commission or council, if any, under this Act are privileged to the same extent as if the investigation, inquiry or proceedings were proceedings in a court, and
(b) a report made by the board and a fair and accurate account of the report in a newspaper, periodical publication or broadcast is privileged to the same extent as if the report of the board were the order of the court.

106 (1) A person is liable to the government
(a) for costs incurred by the government in controlling or disposing of insects, diseases, animals or abiotic factors, and
(b) the value of Crown timber damaged or destroyed or of forage damaged or destroyed,
directly or indirectly, as a result of the person's non-compliance with an order under

section 26 or 27. (2) A person is liable to the government for the market value of any
(a) timber cut, damaged or destroyed without authorization under this Act, or
(b) forage or hay cut, damaged or destroyed without authorization under this Act. (3) A person is liable to the government for an economic gain that results, directly or indirectly, from the person's act or omission that would have been a contravention or an offence under this Act if it were not for the defence of due diligence, mistake of fact or officially induced error. 106.1 In sections 107 and 108, "operational plan" includes
(a) a forest development plan,
to which Part 11 of this Act applies.

107 (1) Subject to subsections (1.1) and (1.2), a person who holds an agreement under the Forest Act or the Range Act or who meets the prescribed requirements may submit to the district manager a written declaration specifying that one or more of the following have been fulfilled:
(a) an obligation under this Act;
(b) an obligation under an operational plan;
(c) an obligation under a permit or other authorization. (1.1) A person who holds an agreement under the Forest Act must submit to the district manager a written declaration if the person has fulfilled an obligation under

section 29 to establish a free growing stand. (1.2) In prescribed circumstances, a person who holds an agreement under the Forest Act must submit to the district manager a written declaration if the person has fulfilled an obligation referred to in subsection (1) (a), (b) or (c) to deactivate a road.

(2) A declaration submitted by a person under subsection (1) must
(ii) one or more individuals whom the person authorizes to sign the declaration on the person's behalf,
(b) specify the date on which the declaration is made, and
(c) specify any of the following things that are relevant to the fulfillment of the obligation:
(2.1) A declaration under subsection (1.1) or (1.2) must
(a) meet the requirements set out in subsection (2), and
(b) be submitted by the prescribed date, if any. (3) Subject to subsections (4) to (6), on the date that a written declaration under subsection (1), (1.1) or (1.2) has been submitted, the person who submitted the declaration is deemed to have fulfilled the obligation specified in the declaration.

(a) within the prescribed period after receiving a declaration submitted by a person under subsection (1), and
(b) after giving the person an opportunity to be heard,
the minister determines by order that an obligation specified in the declaration has not been fulfilled, the minister must give written notice of the order to the person, including with the notice the reasons for the order.

(5) The minister must not give written notice under subsection (4) of an order to the effect that an obligation in respect of establishing a free growing stand on an area has not been fulfilled unless the minister has determined that
(a) a free growing stand has not been established, or
(b) a free growing stand has been established and the following circumstances apply:
(i) at the time the declaration was made, the stand was under threat from
(A) competing plants, shrubs or other trees established on the area, or
(B) factors adverse to forest health in the area;
(ii) as a result of the threats referred to in subparagraph (i), the stand is unlikely to remain a free growing stand without further treatment.

(6) A person who submits a declaration under this section remains responsible for fulfilling an obligation that was specified under the declaration as having been fulfilled if
(a) the minister has determined by order under subsection (4), of which notice has been given in accordance with that section, that the obligation has not been fulfilled, or
(i) made a material misrepresentation or misstatement of fact in the declaration in relation to the obligation, or
(ii) omitted information from the declaration that the person knew or ought to have known was material to determining whether the obligation had been fulfilled.

108 (0.1) A person may apply to the minister, in accordance with the regulations,
(a) for relief under subsection (1) if the person has an obligation under this Act or an operational plan, other than
(i) an obligation to establish a free growing stand, or
(ii) a prescribed obligation, or
(b) for relief or funding under subsection (2) if the person has an obligation to establish a free growing stand.

(1) On application under subsection (0.1) (a) by a person who has an obligation referred to in that subsection, the minister must grant the relief described in subsection (3) if the minister is satisfied that
(a) because of an event causing damage in an area, the obligation cannot be met in the area without significant extra expense than would have been the case if the damage had not occurred, and
(b) any of the following applies:
(i) the person did not cause or contribute to the cause of the damage;
(ii) the person exercised due diligence in relation to the cause of the damage;
(iii) the person did contribute to the cause of the damage but only as a result of an officially induced error.

(2) On application under subsection (0.1) (b) by a person who has an obligation to establish a free growing stand, the minister must grant one of the following if satisfied that the criteria described in subsection (1) (a) and (b) are met:
(a) relief from the obligation, as described in subsection (3);
(b) funding for establishing the free growing stand, as described in subsection (4).

(3) The relief, that must be granted under subsection (1) or that may be granted under subsection (2) (a), from an obligation by the minister to a person is relief from
(a) the person's obligation to the extent only that the obligation cannot be met without significant extra expense related to the damage referred to in subsection (1) or (2), or
(b) the person's obligation in full if the minister considers that the remaining obligation, after taking paragraph (a) of this subsection into account, is inconsequential.

(4) The funding for establishing a free growing stand, that may be granted under subsection (2) (b) by the minister to a person, is funding to the extent only that is required for the purpose of restoring the stand of trees on the area affected by the event referred to in subsection (2)
(a) to the stage the stand had reached at the time of the damage caused by the event, or
(b) to the stage that is consistent with an agreement between the person and the minister.

(4.1) The minister, in granting relief under subsection (2) (a) from an obligation to establish a free growing stand, may impose a condition that the person pay to the government the amount that would have been spent to establish the free growing stand from the stage the stand had reached at the time the damage occurred. (4.2) The relief granted to a person under subsection (2) (a) is revoked if the person does not pay an amount required in a condition imposed under subsection (4.1).

(4.3) After granting funding to a person under subsection (2) (b), the minister may grant relief to that person from the obligation to establish the free growing stand if, as a result of a change of circumstances or based on new information, the minister is satisfied that the obligation cannot be met without significant extra expense. (5) A decision in any proceedings, that a person having an obligation referred to in subsection (0.1) (a) or (b) did or did not do any of the things described in subsection (1) (b), is binding on the minister. (6) The minister may not under this section grant relief or funding in respect of an event causing damage if the event occurred before December 17, 2002.

(8) The minister may not under subsection (2) grant relief from or funding for an obligation to establish a free growing stand in an area of catastrophic damage if the relief or funding is being sought in relation to the event that caused the catastrophic damage. 108.2 (1) The minister may, by order, designate an area of land as an area of catastrophic damage if catastrophic damage has occurred on the land as a result of either of the following events:
(b) a prescribed natural event.

(2) The minister may do one or both of the following in an order made under subsection (1):
(a) grant relief to a person or a class of persons from an obligation under this Act or an operational plan to establish a free growing stand in the area of catastrophic damage;
(b) impose conditions in relation to relief granted under paragraph (a), including requiring payment to the government for the amount that would have been spent to establish a free growing stand from the stage the stand had reached at the time the catastrophic damage occurred. (3) The minister's discretion under subsection (2) may be exercised differently for
(a) different persons or classes of persons, and
(b) different locations within an area of catastrophic damage.

(4) The relief granted to a person in an order under subsection (2) (a) is revoked if the person does not comply with a condition imposed in the order under subsection (2) (b). 108.3 (1) A person may apply to the minister, in accordance with the regulations, for relief under subsection (2) if the person has an obligation under this Act or an operational plan to establish a free growing stand in an area of catastrophic damage.

(2) On application under subsection (1) by a person who has an obligation to establish a free growing stand, the minister may grant to the person one of the following:
(a) relief from the obligation if the minister is satisfied that it is not practicable for the person to complete the obligation given the circumstances or conditions of the area to which the obligation relates;
(b) funding for establishing the free growing stand, but only to the extent that is required for the purposes of restoring the stand of trees on the area of catastrophic damage
(i) to the stage the stand had reached at the time the catastrophic damage occurred, or
(ii) to the stage that is consistent with an agreement between the person and the minister.

(3) The minister, in granting relief under subsection (2) (a), may impose a condition that the person pay to the government the amount that would have been spent to establish the free growing stand from the stage the stand had reached at the time the catastrophic damage occurred. (4) The relief granted to a person under subsection (2) (a) is revoked if the person does not pay an amount required in a condition imposed under subsection (3).

(5) After granting funding to a person under subsection (2) (b), the minister may grant relief to that person from the obligation to establish the free growing stand if, as a result of a change of circumstances or based on new information, the minister is satisfied that it is not practicable for the person to complete the obligation given the circumstances or conditions of the area to which the obligation relates. 108.4 (1) The minister may establish a plan for reforesting an area of catastrophic damage.

(2) If a person has an obligation under this Act or an operational plan to establish a free growing stand at a particular location in an area of catastrophic damage, the minister may, after establishing a plan under subsection (1), authorize the person to instead establish a free growing stand at a different location in the area of catastrophic damage.

(3) The minister may not under subsection (2) authorize a person to establish a free growing stand at a different location, unless
(a) the plan under subsection (1) provides for establishing the free growing stand at the different location,
(b) the cost of establishing the free growing stand at the different location will be similar to the cost of establishing the free growing stand required at the original location, and
(c) the person agrees to establish the free growing stand at the different location. (4) If the minister authorizes a person to establish a free growing stand at a different location under subsection (2) and funding may be granted under

section 108.3 (2) (b) to the person to establish the free growing stand required at the original location, the minister may grant that funding to the person for the purposes of establishing the free growing stand at the different location. (5) If a person fails to establish a free growing stand at a different location as authorized under subsection (2), the person contravenes the obligation under the Act or operational plan to establish the free growing stand at the original location. 108.5 (1) The minister may impose conditions in relation to funding granted under

section 108 (2) (b), [word not in force] 108.3 (2) (b) or 108.4 (4), including the following:
(a) providing that the funding will be paid in instalments;
(b) specifying that one or more of the following must happen before or after funding is paid:
(iii) a specific requirement or specific criteria be met;
(c) requiring the person who is granted funding to prepare and submit plans or reports;
(d) providing for a person designated by the minister to
(i) carry out surveys, investigations or analyses, or
(2) If the minister pays an amount of funding under

section 108 (2) (b), [word not in force] 108.3 (2) (b) or 108.4 (4) to a person subject to a condition under subsection (1) and the condition is not met, the minister may commence a proceeding in a court of competent jurisdiction to recover the amount from the person as a debt due to government. 108.6 The following money collected by the government must be paid into the Silviculture Payments Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act:
(a) money paid to fulfill a condition imposed under

section 108 (4.1) or 108.3 (3);
(b) money paid to fulfill a condition imposed under

section 108.2 (2) (b) in an order made under section 108.2 (1). "information" includes a record;
"person" means
(a) the government, board, commission or council, if any,
(b) an employee, agent and independent contractor of the government, board, commission or council, if any, or
(c) a member of the board, commission or council, if any. (2) Each of the following persons must take an oath that he or she will not disclose information obtained under this Act except as permitted by this section and under the Freedom of Information and Protection of Privacy Act:
(a) a member of the board, commission or council, if any;
(b) an employee of the board, commission or council, if any;
(c) a person appointed to carry out an audit referred to in

section 122;
(d) a specialist or consultant retained by the board, commission or council, if any. (3) A person must not disclose any information obtained in the exercise of a power or the performance of a duty or function under this Act except
(a) as required for the performance of his or her duties under this Act, or
(b) as permitted in this section or under the Freedom of Information and Protection of Privacy Act. (4) A person may disclose to the government any information obtained in the exercise of a power or the performance of a duty or function under this Act.

110 (1) A notice or another document that the government or board is required or permitted to give to a person under this Act may be given by giving it, or a copy of it, to the person as follows:
(a) if the person is an individual,
(i) by leaving it with the individual,
(ii) by leaving it at the individual's last or most usual place of residence with someone who is or appears to be at least 16 years of age, or
(iii) by mailing it by registered mail to the individual's last known postal address;
(b) if the person is a corporation,
(A) a director, an officer or a manager of the corporation,
(B) a receptionist at a place of business of the corporation, or
(C) if the corporation is an extraprovincial company within the meaning of the Business Corporations Act, the corporation's attorney, if any, within the meaning of that Act,
(ii) by leaving it at the registered office of the corporation if the corporation is a company within the meaning of the Business Corporations Act or, if that office has been eliminated under

section 40 of the Business Corporations Act, the address ordered by the court under section 40 (4) (b) of that Act, or
(iii) by mailing it by registered mail to
(A) the registered office of the corporation or, if that office has been eliminated under

section 40 of the Business Corporations Act, the address ordered by the court under section 40 (4) (b) of that Act,
(B) if the corporation is an extraprovincial company within the meaning of the Business Corporations Act, the corporation's attorney, if any, within the meaning of that Act, or
(C) an address provided by the corporation for service;
(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer.

(2) A notice or another document that is mailed to a person by registered mail under subsection (1) is conclusively deemed to be received by the person on the eighth day after it is mailed. 110.1 (1) A person who submits information to the government for the purposes of seeking approval by the minister in relation to a matter under this Act must ensure that, at the time the information is submitted, the information is complete and accurate. (2) A person who is required under this Act to submit information to the government must ensure that, at the time the information is submitted, the information is complete and accurate.

111 An order of the minister under this Act must be in writing and given to each person to whom the order pertains. 112 (1) Except in prescribed circumstances a person with a discretion under this Act to make an order, grant an exemption, give a consent, grant an approval, or grant an authorization under this Act may
(a) impose conditions that the person considers necessary or desirable in respect of the order, exemption, consent, approval or authorization, and
(b) remove or vary the conditions by own motion or on the application of a person who is the subject of the order, exemption, consent, approval or authorization.

(2) A condition imposed under subsection (1) is conclusively deemed to be part of the order, exemption, consent, approval or authorization in respect of which it is imposed, whether contained in or attached to it or contained in a separate document. (3) If a person is the subject of an order, exemption or condition under this Act, the person must comply with the order, exemption or condition. 113 The minister, or a person the minister authorizes in writing, may extend a time required to do anything under this Act other than
(a) an appeal of a determination,
(b) the time within which a proceeding must or may be commenced,
(c) the time within which the minister must give the notice referred to in

section 107 (4), or
(d) anything under the regulations or standards if the regulations or standards specifically provide otherwise. 114 A document purporting to have been issued by a minister referred to in the definition of "official" in

section 1, certifying that the minister has designated a person as an official under this Act, is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document. 115 A power under this Act of the minister or an official to
(b) impose a fine or penalty, or
may be exercised separately, concurrently or cumulatively, and does not affect the exercise of any other powers of the minister, official or both under this or another enactment. 116 (1) An amendment to an operational plan does not affect any fine, imprisonment, fee, charge or penalty to which a person may be liable under this Act, if the offence or contravention occurred before the amendment.

118 (1) The government may enter into agreements to assist in ensuring that forest resources and range resources are properly managed and conserved.

(2) Without limiting subsection (1), on behalf of the government,
(a) the chief forester or a person authorized by the chief forester may enter into agreements in respect of
(i) the growing and disposing of seed and tree gene resources, and
(ii) intellectual property associated with seed and tree gene resources that is owned by the government,
(a.1) an official designated by the minister may enter into an agreement with a person to develop, maintain or remove a range development,
(b) an official designated by the minister may enter into agreements for the control and disposal of insects, diseases, animals and abiotic factors on forest land and for sharing costs of control and disposal,
(c) the minister or an official designated by the minister may enter into agreements under which the government provides
(i) forest or range protection services,
(ii) forest or range health services, or
(iii) services related to operations under agreements under the Forest Act that are carried out before or after timber is harvested, or
(d) an official designated by the minister may enter into an agreement with a person to develop, expand, maintain, repair or close an interpretive forest site, a recreation site, a recreation trail or a trail-based recreation area.

(3) Subject to subsection (4), an amount equal to any money paid to the government under an agreement referred to in subsection (2) (c) for a purpose specified in that subsection
(a) is appropriated for that purpose,
(b) is in addition to any other amount appropriated for that purpose, and
(c) is to be paid out of the consolidated revenue fund without any other appropriation other than this subsection. (4) Subsection (3) does not apply if the official designated to enter into the agreement is a BC Timber Sales official.

119 A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on, or otherwise discriminate against, a person because that person complains or is named in a complaint, gives evidence or otherwise assists in respect of a prosecution, a complaint or another proceeding under this Act. 120 (1) If this Act, a regulation or a standard requires a person to perform an obligation or otherwise comply with this Act, the regulations or the standards, the person must do so at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise.

(2) If a person is required under this Act to submit an operational plan for approval to a person acting on behalf of the government, any implementation of the plan is at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise. 120.1 (1) Subject to a regulation made under

section 141 (3) (b), each of the ministers responsible, respectively, for this Act, Part 7.1 of the Land Act and the Wildlife Act, in writing, may delegate a power or duty of that minister under this Act, including a quasi-judicial power or duty, to
(a) a person employed in a ministry,
(b) a class of persons employed in a ministry, or
(2) Despite subsection (1), a minister authorized by a regulation of the Lieutenant Governor in Council under

section 149.1 (1) (a), 150 (1) (a), 150.1 (1), 150.2 (1) (a) or (b), 150.3 (1) (a) or (b), 150.5 (e), 154 (2) (a) or 157 (2) (d) to exercise a power or perform a duty may delegate that power or duty only to
(a) a person employed in a ministry, or
(b) a class of persons employed in a ministry. (3) In respect of a power or duty delegated under this section, this Act and the regulations and standards apply to the delegate as if the delegate were the minister who made the delegation.

(4) A minister referred to in subsection (1) or (2) may
(a) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and
120.2 (1) Except in prescribed circumstances and if not prohibited by a direction of the minister under

section 120.1 (4) (a), a delegate under section 120.1 (1) may subdelegate the power or duty to
(2) Except in prescribed circumstances and if not prohibited by a direction of the minister under

section 120.1 (4) (a), a delegate under section 120.1 (2) may subdelegate the power or duty to
120.3 A document purporting to have been issued by a minister referred to in

section 120.1 (1) or (2), certifying that the minister has made a delegation under this Act, is admissible as evidence of the delegation without proof of the signature or official character of the minister purporting to have signed the document. Part 8 — Forest Practices Board
121 In this Part and the regulations related to this Part, "party" means
(b) the holder of an agreement under the Forest Act,
(c) the holder of an agreement under the Range Act,
(d) a person responsible for establishing a free growing stand as a result of an agreement referred to in

section 29.1 (1) or (3),
(e) a person responsible for maintaining or deactivating a road, under a regulation under

section 122 (2) who may be audited or investigated under that section. Division 2 — Complaints and Audits
122 (1) In accordance with the regulations, the board
(a) must carry out periodic independent audits, and
(b) may carry out special investigations
to determine
(c) compliance with the requirements of Parts 1.1 to 5 and the regulations and standards made in relation to those Parts by a party, and
(d) the appropriateness of government enforcement under Part 6.

(a) while carrying out under subsection (1) (a) or (b) an audit or investigation of a party in respect of a matter referred to in subsection (1) (c), the board finds that the party complied with the requirements audited or investigated, and
(b) the only reason for that finding is that
(i) the party exercised due diligence to prevent non-compliance,
(ii) the party reasonably believed in the existence of facts that if true would establish that the party complied with the requirement, or
(iii) the party's actions relevant to the requirement were the result of an officially induced error,
the board may audit or investigate whether a person other than that party did not comply with the requirements, in the course of acting for or at the direction of the party.

123 (1) In accordance with the regulations, the board must deal with complaints from the public respecting prescribed matters that relate to this Act.

(2) Despite subsection (1), the board may refuse to investigate a complaint, or may stop investigating a complaint, if, in the opinion of the chair, any of the following applies:
(a) the complainant knew or ought to have known of the determination to which his or her complaint relates, more than one year before the complaint was received by the board;
(b) the law or existing administrative procedure provides a remedy adequate in the circumstances for the person aggrieved and, if the person aggrieved has not taken advantage of the remedy, there is no reasonable justification for the failure to do so;
(c) the complaint is frivolous, vexatious, not made in good faith or concerns a trivial matter;
(d) having regard to all the circumstances, further investigation is not necessary in order to consider the complaint;
(e) in the circumstances, investigation would not benefit the complainant.

(3) The board must promptly notify, in writing, the complainant and the party of its decision and the reasons for it and may indicate any other recourse that may be available to the complainant if it decides
(a) to not investigate or further investigate a complaint, or
124 (1) Without limiting sections 122 and 123, for the purposes of those sections the board may investigate a determination. (2) The board may conduct an audit, a special investigation or a complaint investigation despite a provision to the effect that a determination is final and regardless of any right of appeal. (3) The board may not investigate conduct occurring before the commencement of Forest Practices Code of British Columbia Act.

(4) If a question arises as to the board's jurisdiction to investigate a case or class of cases, the chair may apply to the Supreme Court for a declaratory order determining the question. 125 (1) The board may require a party to provide information or records related to an audit, a special investigation or a complaint investigation. (2) The board may require the party to provide the information in the form and manner the board considers appropriate. (3) The party must comply with a requirement of the board under subsection (1) or (2).

(4) Without restricting subsection (1), the board may do all of the following:
(a) at any reasonable time enter and inspect business premises occupied by a party, speak in private with any person there and otherwise investigate matters within the board's jurisdiction;
(b) require a person to provide information or produce a record or thing in his or her possession or control that relates to an investigation at a time and place the board specifies;
(c) make copies of information provided or a record or thing produced under this section.

(5) If the board obtains a record or thing under subsection (4) and the person from whom it was obtained requests its return, the board must, within 48 hours after receiving the request, return it to the person, but the board may again require its production in accordance with this section.

(6) At any time while conducting an audit, a special investigation or a complaint investigation under this Act, the board may make an order requiring a person
(a) to attend an oral or electronic hearing to give evidence on oath or affirmation or in any other manner that is admissible and relevant to an issue in the audit, special investigation or complaint investigation, or
(b) to produce for the board a document or other thing in the person's possession or control, as specified by the board, that is admissible and relevant to an issue in the audit, special investigation or complaint investigation.

(7) The board may apply to the court for an order
(a) directing a person to comply with an order made by the board under subsection (6), or
(b) directing any directors and officers of a person to cause the person to comply with an order made by the board under subsection (6). 125.1 The failure or refusal of a person summoned as a witness under

section 125 (6) to do any of the following makes the person, on application to the court by the board, liable to be committed for contempt as if in breach of an order or judgment of the court:
(b) take an oath or affirmation;
(d) produce the records or things in their custody or possession. 125.2 (1) In this section, "decision maker" includes a board member, registrar or other officer who conducts an audit, a special investigation or a complaint investigation under this Act or a person who conducts a dispute resolution process for the purposes of this Act.

(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a decision maker, the board or the government because of anything done or omitted
(a) in the performance or intended performance of any duty under this Act, or
(b) in the exercise or intended exercise of any power under this Act. (3) Subsection (2) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

126 The board must not require information or a record to be produced if the Attorney General certifies that the giving of the information or record may
(a) interfere with or impede investigation or detection of offences,
(b) involve the disclosure of the deliberations of the Executive Council, or
(c) involve the disclosure of proceedings of the Executive Council or of any committee of the Executive Council, relating to matters of a secret or confidential nature, and would be harmful to the public interest. 127 (1) If the board conducts an audit or investigation, the board must notify the party affected and any other person the board considers appropriate.

(2) The board must consult with a party if the board receives a request for consultation from the party before the board has made its report under

section 131. 128 If it appears to the board that there may be sufficient grounds for making a report or recommendation under this Act that may adversely affect a party or person, the board must inform the party or person of the grounds and must give the party or person the opportunity to make representations, either orally or in writing at the discretion of the board, before it decides the matter.

129 Evidence given by a person in proceedings before the board and evidence of the existence of the proceedings are inadmissible against the person in a court or in any other proceeding of a judicial nature except for the following:
(a) the trial of a person for perjury;
(b) the trial of a person for an offence under

section 97;
(c) an application for judicial review or an appeal from a decision with respect to that application. 130 If a person incurs expenses in complying with a request of the board for production of documents or other information, the board may reimburse that person for reasonable expenses. 131 (1) Subject to subsection (1.1), after completing an audit or investigation, the board must report its conclusions, with reasons, to any complainant, to the party and, if the government is not the party affected by the audit or investigation, to the ministers. (1.1) If an audit or investigation referred to in subsection (1) includes more than one party, the board may report its overall conclusions without reporting on compliance by each party.

(2) If the board makes a report under subsection (1), it may make recommendations it considers appropriate. (3) Without limiting subsection (2), the board may make any of the following recommendations:
(a) a matter be referred to the appropriate party for further consideration;
(c) an omission or delay be rectified;
(d) a decision or recommendation be cancelled or varied;
(f) a practice, procedure or course of conduct be altered;
(g) an enactment or other rule of law be reconsidered;
(4) Without limiting subsection (1), the chair may, if the regulations provide and in the manner they provide, make an application under

section 83 for an appeal of a determination or failure to make a determination. 132 (1) If the board makes a recommendation under

section 131 the board may request that the party notify it within a specified time
(a) of the steps that have been taken or are proposed to be taken to give effect to its recommendation, or
(b) if no steps have been taken or are proposed to be taken, of the reasons for not following the recommendation.

(2) If, after considering a response made by a party, the board believes it advisable to modify or further modify its recommendation, the board must notify the party and the complainant of its recommendation as modified and may request that the party notify it
(a) of the steps that have been taken or are proposed to be taken to give effect to the modified recommendation, or
(b) if no steps have been taken or are proposed to be taken, of the reasons for not following the modified recommendation. (3) The party must respond promptly to the board's request under subsection (1) or (2). 133 (1) If, within a reasonable time after a request by the board under

section 132, no action is taken that the board believes adequate or appropriate, the chair may, after considering any reasons given by the party,
(a) submit a report on the matter to the ministers, and
(b) after submitting a report under paragraph (a), submit a report to the Lieutenant Governor in Council respecting the matter. (a) must attach to the report a copy of the board's recommendation and any response made to the board under

section 132,
(b) must delete from his or her recommendation and from the response any material that would unreasonably invade any person's privacy, and
(c) may in his or her discretion delete material revealing the identity of a member, an officer or an employee of a party. 134 After a complaint investigation, if the board makes a recommendation under

section 131 or 132 (2) and no action that the board believes adequate or appropriate is taken within a reasonable time, the board must inform the complainant of its recommendation and make such additional comments as it considers appropriate. 135 If the chair considers a special report to be in the public interest, he or she may make a special report to the minister or comment publicly respecting a matter relating generally to the performance of the board's duties under this Act or to a particular case investigated by the board. 136 (1) The Forest Practices Board is continued.

(2) The board consists of the following members appointed by the Lieutenant Governor in Council after a merit-based process:
(c) other members appointed after consultation with the chair. (3) and (4) [Repealed 2003-47-30.] (5) Sections 1 to 10, 44, 46.2 and 55 of the Administrative Tribunals Act apply to the board. (6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of persons appointed under the regulations to carry out audits. (7) Board members must faithfully, honestly and impartially perform their duties. 137 (1) The board may organize itself into panels, each comprised of one or more members.

(2) The members of the board may sit as a board or as a panel of the board, and 2 or more panels may sit at the same time. (3) A panel of the board has the jurisdiction of the board and may exercise the powers and perform the duties and functions of the board. (4) A report, a recommendation or an action of a panel of the board is a report, recommendation or action of the board. 138 (1) Employees necessary to carry out the powers and duties of the board may be appointed under the Public Service Act.

(2) In accordance with the regulations, the board may engage or retain specialists, consultants and auditors that the board considers necessary to carry out the powers and duties of the office and may determine their remuneration. (3) The Public Service Act does not apply to the retention, engagement or remuneration of specialists, consultants and auditors retained under subsection (2). 140 (1) The chair may delegate in writing to a person or class of persons any of the board's powers or duties under this Act, except the power
(a) of delegation under this section, or
(b) to make a report under this Act. (2) A delegation under this section is revocable and does not prevent the board exercising a delegated power.

(3) A delegation may be made subject to terms the chair considers appropriate. (4) If the chair makes a delegation and then ceases to hold office, the delegation continues in effect as long as the delegate continues in office or until revoked by a succeeding chair. (5) A person purporting to exercise a power of the board by virtue of a delegation under this section must, when requested to do so, produce evidence of his or her authority to exercise the power. Part 8.1 — Forest Appeals Commission
140.1 (1) The Forest Appeals Commission is continued.

(2) The commission is to hear appeals under
(b) the Forest Act, the Private Managed Forest Land Act, the Range Act or the Wildfire Act and, in relation to appeals under those Acts, the commission has the powers given to it by those Acts. (3) The commission consists of the following members appointed by the Lieutenant Governor in Council after a merit-based process:
(c) other members appointed after consultation with the chair. 140.2 The following provisions of the Administrative Tribunals Act apply to the commission:
(i)

(ii)

(e) Part 6 [Costs and Sanctions], except sections 47.1 [security for costs] and 47.2 [government and agents of government];
(j) Part 10 [Miscellaneous], except

140.3 (1) In accordance with the regulations, the commission must
(a) hear appeals under this Act, the Forest Act, the Private Managed Forest Land Act, the Range Act or the Wildfire Act,
(b) provide the minister with an annual evaluation of the manner in which reviews and appeals under this Act, the Forest Act, the Private Managed Forest Land Act, the Range Act and the Wildfire Act are functioning and identify problems that may have arisen under the provisions of those Acts,
(c) make recommendations to the minister annually, and at other times it considers appropriate, concerning the need for amendments to this Act, the Forest Act, the Private Managed Forest Land Act, the Range Act and the Wildfire Act and related regulations respecting reviews and appeals, and
(d) perform other functions required by the regulations.

(2) The chair must give to the minister an annual report concerning the commission's activities. (3) The minister must promptly lay the report before the Legislative Assembly if it is in session or, if it is not in session when the report is submitted, file the report with the Clerk of the Legislative Assembly. 140.4 (1) If the board may appeal a decision, order or determination, the board must do so no later than 60 days after the latest of the following to occur:
(a) the original decision, order or determination;
(b) any correction of the original decision, order or determination;
(c) any review of the original decision, order or determination. (2) The board may apply for an order under

section 84 (2) no later than 60 days after the period prescribed for section 83 (2) (b) has elapsed. 140.5 (1) In this section, "minister" means the minister responsible for the administration of the section of the Act under which the decision, order or determination giving rise to an appeal was made. (2) On receipt of a notice of appeal, the commission must give a copy of the notice of appeal to the minister.

(3) On receipt of a notice of appeal in which the board has standing, the commission must give a copy of the notice,
(a) if a person other than the board delivered the notice, to the board, or
(b) if the board delivered the notice,
(i) to the person who is the subject of the determination, or
(ii) for an appeal of a failure to make a determination, to the person who would be subject to the determination, if made. (4) The following are parties to an appeal:
(b) the board, if it has standing and so requests;
(c) the person who is the subject of the determination or would be the subject of the determination, if made.

(5) At any stage of an appeal, the commission or a member of it may direct that a person who may be affected by the appeal be added as a party to the appeal. 140.7 (1) A party to an appeal, or the minister, may appeal the decision of the commission to the Supreme Court on a question of law or jurisdiction. (2) An appeal under subsection (1) must be filed no later than 3 weeks after the date the person filing the appeal receives the decision of the commission. (3) On an appeal under subsection (1), a judge of the Supreme Court, on terms the judge considers appropriate, may order that all or part of the decision or order of the commission be stayed.

(4) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal. Part 9 — Regulations and Standards
141 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) The Lieutenant Governor in Council may make regulations respecting matters that are
(a) referred to in a provision of this Act as having to be in accordance with the regulations, or
(b) indicated by a provision of this Act as being a matter for a regulation. (3) Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations as follows:

section 120.1 (1), specifying which powers and duties of a minister under this Act must not be delegated. (4) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person;
(c) make different regulations for different persons, places, things or transactions;
(d) adopt the provisions of a publication or adopt them as they are amended from time to time. 142 (1) The Lieutenant Governor in Council may prescribe forms for this Act.

(2) The Lieutenant Governor in Council may make regulations respecting the provision of information, to the minister or to an employee in the ministry of the minister responsible for the administration of this Act, including but not limited to regulations concerning matters related to
(a) agreements under the Forest Act, and
(b) agreements under the Range Act. (3) Without limiting subsections (1) and (2), the Lieutenant Governor in Council may make regulations respecting the form and manner in which, and time when, information must be provided.

143 (1) The Lieutenant Governor in Council may make regulations respecting fees or charges for the provision under this Act to any person by the government, or by the board, commission or council, if any, under this Act, of a service or any property or use of property. (2) For the purpose of this section, the preparation of a range use plan or an amendment to a range use plan by the minister is a service provided by the government to the person required to follow the plan. (3) Subsection (1) applies whether or not there is an obligation on the government to provide the service, property or use of property.

144 (1) The Lieutenant Governor in Council may make regulations respecting deposits and security of any kind, including but not limited to money, to be provided by the holder of an agreement under the Forest Act or the Range Act to ensure the performance of an obligation under this Act, the Forest Act, the Range Act or an agreement entered into under any of those Acts. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) the type of security that is acceptable or unacceptable;
(b) the form and content of the security;
(c) the circumstances under which the security may be realized.

145 The Lieutenant Governor in Council may make regulations respecting the recovery of money that is required to be paid to the government under this Act. 146 (1) The Lieutenant Governor in Council may make regulations respecting the exemption of a person, place, thing or transaction from a provision of this Act, the regulations or the standards. (2) In making a regulation under subsection (1), the Lieutenant Governor in Council may make the exemption subject to conditions. (3) The Lieutenant Governor in Council may make regulations restricting the minister's authority to exempt a person from a provision under this Act.

147 (1) The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use and the matters that a person must consider in exercising a discretionary power conferred on the person under this Act. (2) Criteria or matters prescribed under subsection (1) are additional to any criteria or matters that a person is required to use or consider in exercising a discretionary power under this Act. 148 The Lieutenant Governor in Council may make regulations respecting interpretive forest sites, recreation sites, recreation trails and trail-based recreation areas, including but not limited to regulations that restrict, prohibit or attach conditions to the use of the interpretive forest sites, recreation sites, recreation trails and trail-based recreation areas.

149 (1) The Lieutenant Governor in Council may make regulations prescribing objectives in relation to one or more of the following subjects:
(d) forage and associated plant communities;
(k) cultural heritage resources;
(2) In case of an inconsistency between
(a) an objective set by government prescribed under this section, and
(b) an objective referred to in paragraph (b) or (c) of the definition of "objectives set by government" in

section 1 (1),
the objective referred to in paragraph (b) or (c) of that definition prevails to the extent of the inconsistency.

149.1 (1) The Lieutenant Governor in Council may make regulations
(a) authorizing the minister responsible for the Wildlife Act to establish one or more of the following:
(i) an area as an ungulate winter range and objectives for the ungulate winter range;
(ii) an area as a wildlife habitat area and objectives for the wildlife habitat area;
(iii) a general wildlife measure;
(iii.1) a general measure in relation to ecological communities;
(iv) categories of wildlife for the purposes of subparagraphs (i) to (iii),
(v) categories of ecological communities for the purposes of subparagraph (iii.1), and
(b) prescribing the circumstances in which the discretion conferred in the authorization may be exercised.

(2) The minister responsible for the Wildlife Act may not establish an objective referred to in subsection (1) (a) (i) or (ii) for an area unless the objective is consistent with the objectives set by government that pertain to the area. 150 (1) The Lieutenant Governor in Council may make regulations
(i) the minister responsible for the Land Act to designate an area of land in a watershed as a community watershed, or
(ii) the minister responsible for the Water Sustainability Act to establish water quality objectives in relation to a community watershed, and

(2) The Lieutenant Governor in Council may make regulations respecting community watersheds, including but not limited to prescribing requirements in relation to community watersheds. 150.1 (1) The Lieutenant Governor in Council may make regulations authorizing the minister responsible for the Wildlife Act to
(a) identify an area of land in a watershed that has
(i) significant downstream fisheries values, and
(ii) significant watershed sensitivity, and
(b) specify objectives in relation to the areas of land identified under this section. (2) The minister responsible for the Wildlife Act may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.

150.2 (1) The Lieutenant Governor in Council may make regulations
(a) authorizing the minister to designate an area of land as a lakeshore management zone,
(b) authorizing the minister to establish objectives in relation to lakeshore management zones,
(c) prescribing the circumstances in which the discretion conferred in the authorization may be exercised, and
(d) respecting lakeshore management zones. (2) The minister may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.

150.3 (1) The Lieutenant Governor in Council may make regulations
(a) authorizing the minister responsible for the Land Act to designate an area of land as a scenic area,
(b) authorizing the minister to establish visual quality objectives in relation to a scenic area,
(2) The minister may not specify an objective referred to in subsection (1) (b) for an area unless the objective is consistent with the objectives set by government that pertain to the area.

150.4 The Lieutenant Governor in Council may make regulations respecting objectives set by government and other objectives that are established under this Act, including but not limited to regulations
(a) respecting procedures and criteria that are to be followed in establishing objectives
(i) referred to in paragraph (b) of the definition of "objectives set by government" in

section 1 (1), or
(ii) other objectives that are established under this Act, and
(b) resolving inconsistencies among those objectives by varying or limiting the application of
150.5 The Lieutenant Governor in Council may make regulations
(a) establishing criteria for classifying streams, wetlands and lakes,
(b) respecting the classification of streams, wetlands and lakes,
(c) establishing riparian reserve zones, riparian management zones and riparian management areas for different classes of streams, wetlands and lakes,
(i) streams, wetlands and lakes, and
(ii) riparian reserve zones, riparian management zones and riparian management areas, and
(e) authorizing the minister responsible for the administration of the Wildlife Act, in prescribed circumstances, to designate streams as temperature sensitive streams.

151 (1) The Lieutenant Governor in Council may make regulations respecting operational plans, including but not limited to regulations prescribing
(b) the form and content of maps included in the plans,
(c) the manner of, and time for, submitting the plans for approval,
(d) and (e) [Repealed 2003-55-57.] (f) respecting the extension of the term for an operational plan,
(g) amendments to plans including specifying what amendments are not minor amendments,
(h) respecting balancing objectives or other plan contents when approving a plan, and
(i) how a forest stewardship plan must take into account other currently existing or future forest stewardship plans. (2) The Lieutenant Governor in Council may make regulations respecting surveys, records and reports required or permitted under this Act.

(3) The Lieutenant Governor in Council may make regulations respecting the transfer of obligations to establish a free growing stand, including but not limited to prescribing
(a) stocking requirements that must be met, and
(b) security that must be provided as part of the transfer of the obligation. 151.1 The Lieutenant Governor in Council may make regulations respecting forest operations maps under Division 3.1 of Part 2, including but not limited to regulations
(a) prescribing their form and content,
(b) specifying the date on which a forest operations map is deemed to have been made publicly available under

section 15.1 (2) (b),
(c) requiring that a forest stewardship plan holder identify, in a forest operations map, the approximate periods during which harvesting under a cutting permit, or road construction under a road permit, is intended to occur,
(d) specifying the start and end date of an operating period under

section 15.2,
(e) specifying the date by which a timber sales manager must publish a forest operations map before the start of an operating period under

(f) requiring a timber sales manager to identify, in a forest operations map, the approximate locations of any
(i) cutblocks that are to be harvested under forestry licences to cut that a timber sales manager intends to enter into, or
(ii) roads that will be constructed to access timber to be harvested under forestry licences to cut that are entered into with a timber sales manager, and,
(g) exempting a timber sales manager from

section 15.2 (2) if the timber sales manager makes the information referred to in section 15.2 (2) (a) (i) and (ii) publicly available for review and comment by means other than a forest operations map. 151.2 (1) The Lieutenant Governor in Council may make regulations respecting the resolution of disputes under sections 2.26 and 2.27 relating to the preparation and establishment of forest landscape plans, including, without limitation, regulations respecting the following:
(a) the qualifications, powers and duties of facilitators;
(b) the process for making referrals to a facilitator, the management of referrals and the conduct of dispute resolution facilitations;
(c) the time by which a facilitator must complete a dispute resolution facilitation and provide a report under

section 2.26 (5);
(d) the matters that a facilitator must consider in making a report under

(e) the time by which an alternative dispute resolution process referred to in

section 2.27 must be established and completed. (2) In subsection (1), "facilitator" has the same meaning as in

section 2.26 (1). 153 (1) The Lieutenant Governor in Council may make regulations respecting
(a) woodlot licences, woodlot licence areas and holders of woodlot licences, and
(b) community forest agreements, community forest agreement areas and holders of community forest agreements.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) establishing requirements and restrictions regarding the planning and forest practices, including the establishment of a free growing stand on a community forest agreement area or a woodlot licence area;
(b) establishing conditions that must be complied with by the holder of a community forest agreement or a woodlot licence before, during and after forest practices;
(b.1) requiring woodlot licence plans or amendments to woodlot licence plans to be made publicly available for review and comment before the plan or amendment is submitted to the minister for approval;
(c) requiring site plans to be prepared by the holder of a community forest agreement or a woodlot licence and approved by the minister before forest practices are carried out on the community forest agreement area or a woodlot licence area;
(d) requiring that authority to carry out a forest practice on a community forest agreement area or a woodlot licence area be obtained before the forest practice begins;
(e) requiring persons to carry out actions for maintaining or improving forest health;
(f) establishing requirements for wildlife tree retention for areas within woodlot licence areas that apply despite any objective set by government with respect to wildlife tree retention;
(g) establishing or varying objectives for ungulate winter range to reduce the impact to the allowable annual cut of a woodlot licence.

(3) The Lieutenant Governor in Council may make regulations respecting first nations woodland licences, first nations woodland licence areas and holders of first nations woodland licences, including regulations
(a) without limiting

section 146, providing that specified provisions of regulations made under subsection (1) or (2) do not apply to or in respect of first nations woodland licences, first nations woodland licence areas or holders of first nations woodland licences,
(b) prescribing provisions, in addition to the provisions of regulations made under subsection (1) or (2), that apply to or in respect of first nations woodland licences, first nations woodland licence areas or holders of first nations woodland licences, and
(c) varying provisions of regulations made under subsection (1) or (2) as the provisions apply to or in respect of first nations woodland licences, first nations woodland licence areas or holders of first nations woodland licences.

154 (1) The Lieutenant Governor in Council may make regulations respecting forest resources and range resources. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
(a) resource features, including but not limited to
(i) authorizing the minister to identify resource features other than a resource feature that is a wildlife habitat feature, and
(ii) authorizing the minister responsible for the administration of the Wildlife Act to identify a resource feature that is a wildlife habitat feature, and
(b) forest health, including but not limited to forest health emergency management areas designated under

155 (1) The Lieutenant Governor in Council may make regulations respecting the following:
(a) the use of forest service roads, forest resource roads and rights of way;
(b) the regulation or prohibition of the use and operation of vehicles or classes of vehicles on forest service roads, forest resource roads or rights of way;
(c) the regulation or prohibition of road construction, maintenance or deactivation;
(d) the transfer of an obligation to maintain or deactivate a forest service road or road that is authorized under an agreement under the Forest Act, including authorizing the minister to make orders that transfer obligations to maintain or deactivate a road;
(e) requirements for the holder of an agreement under the Forest Act to deactivate a road authorized or constructed under the agreement, including but not limited to regulations requiring
(i) roads to be deactivated by a prescribed date, or
(ii) plans or reports to be submitted;
(f) requirements for a person who uses a forest service road to provide notice to the minister or a prescribed person in relation to the person's use of the forest service road;
(g) authorizing a person to fell trees, on Crown land in or adjacent to the right of way of a forest service road or forest resource road, that are a danger to persons or property;
(h) the regulation of significant road work carried out in relation to forest service roads.

(2) The minister may exempt a person from all or part of a regulation made under subsection (1) (a) or (b), subject to conditions or alternative requirements the minister may specify. (3) For certainty, a regulation under subsection (1) (e) may be made applicable to a road that was authorized or constructed under an agreement before the date on which the regulation comes into force.

156.1 (1) The Lieutenant Governor in Council may make regulations respecting forest practices, including but not limited to the following:
(a) regulating, restricting or prohibiting the carrying out of forest practices;
(b) imposing requirements for managing and conserving forest resources, range resources and resource features;
(c) imposing requirements for managing the risk of wildfire;
(d) requiring the holder of an operational plan to comply with a provision of the operational plan;
(e) providing that a provision of an operational plan referred to in paragraph (d) may be amended even if
(ii) the person to whom the provision applies no longer holds the plan. (2) The Lieutenant Governor in Council may make regulations authorizing the minister to designate an area as a wildland urban interface area.

157 (1) The Lieutenant Governor in Council may make regulations respecting silvicultural systems and silviculture treatments.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
(a) clearcutting, including but not limited to restricting or prohibiting clearcutting,
(b) silviculture treatments, including but not limited to restricting or prohibiting various types of silviculture treatments,
(d) requirements for establishing a free growing stand on an area under an agreement under the Forest Act in which timber has been
(i) harvested under an agreement under the Forest Act,
(ii) harvested from an area where the holder of the agreement is exempt from the requirement to prepare a forest operations plan, a forest stewardship plan or a woodlot licence plan,
(iii) damaged or destroyed by natural causes, or
(iv) harvested other than in accordance with this Act, the regulations and the standards, and
(e) exempting persons from the requirements to establish a free growing stand under

section 29 or on areas referred to in paragraph (d). 158 The Lieutenant Governor in Council may make regulations respecting seed and tree gene resources including but not limited to regulations respecting the collection, processing, storage, registration, transportation, purchase, sale, selection, conservation and use of seed and tree gene resources. 159 The Lieutenant Governor in Council may make regulations respecting terrain stability and soil disturbance. 160 The Lieutenant Governor in Council may make regulations respecting cutblocks, including but not limited to regulations prescribing
(a) the size, including the maximum allowable size of a cutblock,
(b) the shape of a cutblock, and
(c) the spatial distribution of cutblocks, including green-up.

161 (1) The Lieutenant Governor in Council may make regulations respecting range practices, the use of Crown range and range developments. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) the use of Crown range for grazing of livestock, hay cutting and other purposes;
(b) promoting health of Crown range;
(c) the identification of livestock pastured on Crown range;
(d) range developments and the payment of costs for range developments. 162 The Lieutenant Governor in Council may make regulations requiring persons to give written notice to an official concerning when, whether or not and to what extent the person has completed or will complete an obligation of the person under an operational plan or this Act.

162.1 For the purposes of sections 108 and 108.3, the Lieutenant Governor in Council may make regulations respecting any of the following:
(a) requirements for applications under

section 108 (0.1) or 108.3 (1), including prescribing the period within which an application under section 108 (0.1) or 108.3 (1) must be submitted;
(b) authorizing a person to submit under

section 108 (0.1) or 108.3 (1) an application submission plan pending the submission of the application;
(c) specifying under

section 108 (1) (a)
(i) what constitutes an event causing damage, or
(ii) when an event causing damage must be considered to have occurred. 163 (1) The Lieutenant Governor in Council may make regulations respecting administrative remedies under this Act, the Forest Act or the Range Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting charges and penalties in cases in which a person does not comply with one or more of the following:
(a) this Act, the regulations or the standards or the Forest Act, the Range Act or a regulation made under the Forest Act or the Range Act;
(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the imposition of an administrative penalty or of administrative penalties in equal or unequal proportions against 2 or more persons involved in the contravention that gives rise to the penalty or penalties, including regulations prescribing
(a) circumstances in which the penalties may be imposed, and
(b) formulas that may be applied in imposing the penalties.

(4) Without limiting subsection (1), for the purposes of sections 74 (1) and 74.4 (1) (d), the Lieutenant Governor in Council may make regulations establishing formulas or other methods to be used in determining the maximum amount of an administrative penalty under those provisions. 164 (1) The Lieutenant Governor in Council may make regulations respecting compliance with this Act and remediation related to a forest practice or range practice.

(a) the power of the minister to require the holder of an agreement under the Forest Act or the Range Act to take action to achieve a requirement of this Act or the regulations or to prevent damage to the environment if the damage is associated with a forest practice, range practice or range authorization,
165 The Lieutenant Governor in Council may make regulations respecting the review, correction or clarification of a determination under this Act. 166 (1) The Lieutenant Governor in Council may make regulations respecting appeals and the commission.

(a) prescribing the period that must elapse after the facts relevant to a determination first come to the knowledge of an official or a minister before the board may apply to the commission for an order under

section 83;
(b) prescribing the period in which the commission must deliver a decision after holding a hearing;
(c) prescribing the form and content of annual reports made by the commission. 167 (1) The Lieutenant Governor in Council may make regulations respecting the Forest Practices Board. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) audits referred to in

section 122,
(b) complaints to the board, including
(i) the manner of making a complaint,
(ii) specifying which complaints may be heard,
(iii) the manner of dealing with complaints, and
(iv) the nature and extent of investigations which may be taken in relation to a complaint;
(c) procedures for notifying the board of determinations;
(d) reports made by the board;
(e) the qualifications of board members;
(f) fees with respect to complaint investigations;
(g) restricting the board's authority to carry out, or prohibiting the board from carrying out, audits or investigations referred to in

section 122 in respect of a matter that is the subject of a decision-making agreement. (3) In subsection (2) (g), "decision-making agreement" has the same meaning as in

section 2.5 (1). 168 (1) The Lieutenant Governor in Council may make regulations respecting botanical forest products. (2) Without restricting subsection (1), Lieutenant Governor in Council may make regulations respecting:
(a) obtaining botanical forest products from Crown land;
(a.1) identifying a plant or fungus that occurs naturally on Crown land as being a botanical forest product;
(b) establishing a licensing scheme for the purposes of regulating botanical forest products;
(c) issuing, amending, renewing, suspending or cancelling licences;
(d) applications for licences;
(e) fees for licences and applications;
(f) inspectors and inspections for the purposes of enforcing licensing;
168.1 (1) For the purposes of

section 5 (1) (b) (i.1), the minister may make regulations as follows:
(b) prescribing resources or features located in an area prescribed under paragraph (a), including but not limited to resources or features described in

section 149 (1);
(c) prescribing objectives for resources or features prescribed under paragraph (b). (2) In making a regulation under subsection (1), the minister may prescribe
(a) different resources and features for different areas, and
(b) different objectives for different areas, resources and features. (3) If an objective prescribed under this section is inconsistent with an objective set by government, the objective set by government prevails.

169 (1) In prescribed circumstances, the chief forester may establish, vary or revoke standards respecting
(a) tree gene resources for purposes related to this Act, including without restriction the following:
(i) registration of seed including, without limitation, determination of genetic quality and imposition of conditions on the use of registered seed;
(iii) storage of tree seed with the government;
(v) forest stands, trees or seed having rare or unique genetic values;
(vi) stocking standards required for a free growing stand,
(c) the preparation of an operational plan,
(3) A standard takes effect on the date specified in the standard.

(4) A standard is not effective
(a) until 4 months after the notice of the standard and the method for meeting the standard has been published in the Gazette,
(b) to the extent that it conflicts with this Act, the regulations, an agreement under the Forest Act or the Range Act, or a management plan under a tree farm licence, a forest operations plan, a forest stewardship plan, a range stewardship plan or a range use plan that has been approved before the standard comes into effect, unless the holder of the agreement or plan waives the requirement under this paragraph, and
(c) in respect of a proposed management plan under a tree farm licence, a forest operations plan, a forest stewardship plan, a range stewardship plan or a range use plan, unless
(i) the standard comes into effect under paragraph (a) at least 4 months before the plan is submitted for approval, or
(ii) the holder of the licence or plan waives the requirement under subparagraph (i).

170 (1) The Forest Practices Advisory Council is continued and renamed as the Forest and Range Practices Advisory Council
(a) to undertake periodic reviews of the requirements that apply to operational planning and forest practices or range practices under this Act, and
(b) to make recommendations to the minister on any specific matter relevant to this Act that is referred to the council by the minister,
and by regulation may be disestablished or re-established.

(a) the membership of the council, including
(i) the maximum number of persons that may be appointed to the council,
(ii) the qualifications of council members,
(iii) the terms of appointed members, and
(iv) the removal and replacement of members;
Part 10 — Pilot Projects for Forest Practices or Range Practices
171 (1) Before a pilot project is approved under this Part, the person who proposes the pilot project must
(a) make the proposed pilot project publicly available for
in accordance with the regulations, and
(b) submit to the minister a summary of the comments received and any actions taken or proposed to address issues raised in the comments.

(2) Before a regulation is made under this Part, the minister may establish a public advisory committee with terms of reference the minister considers advisable to make recommendations respecting the proposed pilot project. 172 The Lieutenant Governor in Council may make regulations under

section 173 only if the Lieutenant Governor in Council is satisfied that the proposed pilot project
(a) is in the public interest,
(b) will be consistent with the objectives set by government,
(c) maintains the role of the board as set out in sections 81 and 83 and Part 8,
(d) provides public access to the following, except in circumstances in which the Lieutenant Governor in Council considers that such public access would jeopardize cultural heritage resources:
(i) planning documents and assessments used in the proposed pilot project;
(ii) records that the regulations require to be prepared for the proposed pilot project, and
(e) if the area in which a pilot project is proposed does not have a higher level plan, adequately provides for balancing competing values and interests in the area.

173 (1) The Lieutenant Governor in Council may make regulations respecting pilot projects to experiment with ways to improve the regulatory framework for forest practices or range practices. (2) Without limiting subsection (1), the Lieutenant Governor in Council, for the purposes of a pilot project, may order by regulation that provisions pertaining to specified subject matter, or specified provisions, of this Act, the Forest Act, the Range Act or the regulations made under any of those Acts do not apply
(a) to a timber sales manager, or
(b) to the holder of an agreement under the Forest Act or the Range Act.

(3) Without limiting subsection (1), the Lieutenant Governor in Council, for the purposes of a pilot project, may make regulations respecting the following:
(a) conditions, including providing that all or part of a regulation made under subsection (2) is subject to a condition and requiring that a person to whom the regulation applies comply with the condition;
(b) the suspension or cancellation of a pilot project;
(c) the regulation or prohibition of forest practices or range practices;
(d) the protection of forest resources and of resource features;
(e) compliance and enforcement;
(f) the balancing of competing values and interests;
(h) monitoring and evaluation of pilot projects;
(i) public review and comment related to pilot projects;
(i) planning documents and assessments used in the pilot project, and
(ii) records that the regulations require to be prepared for the pilot project.

(4) Without limiting subsection (1), the Lieutenant Governor in Council
(a) may exercise for the purposes of a pilot project, all the regulation making powers in this Act, the Forest Act and the Range Act, and
(b) may make regulations that are contrary to a provision of those Acts if that provision is inapplicable because of a regulation made under subsection (2) or (3). 174 (1) A regulation under this Part with respect to a pilot project does not apply to a timber sales manager or holder of an agreement under the Forest Act or the Range Act until the timber sales manager or holder has consented to take part in the pilot project. (2) If a regulation under

section 173 (2) provides that a provision of an Act does not apply to the holder of an agreement under the Forest Act or the Range Act, or to a timber sales manager or the government, the provision is also inapplicable to their
(b) contractors, as defined in

section 152 of the Forest Act. 175 (1) The holder of an agreement under the Forest Act or the Range Act who is the subject of a pilot project must report annually to the minister on the pilot project. (2) The timber sales manager who is the subject of a pilot project must report annually to the minister on the pilot project. 177 (1) In this Part, except

section 216:
"Code" means the Forest Practices Code of British Columbia Act as it was immediately before the effective date;
"Code regulations" means
(a) the regulations under the Code, and
(b) the standards under the Code
as they were immediately before the effective date;
"effective date" means the date this section comes into force;
"site level plan" means
(a) a silviculture prescription under

section 22.1 of the Code,
(b) a pre-harvest silviculture prescription or silviculture prescription that was prepared or approved by the district manager under the Forest Act and that was in effect on June 15, 1995,
(c) a site plan prepared under
(i)

section 217.1 of the Code, including site plan information specified in a forest development plan whether or not that plan has expired,
(d) a road layout and design prepared under

section 189 (3) or 201 (1) of this Act. (2) In this Part, a reference in the Code or the Code regulations to
(a) a district manager preparing a forest development plan or a site plan is deemed to be a reference to a timber sales manager preparing the forest development plan or the site plan, and
(b) a district manager approving or giving effect to a plan, granting an exemption, providing an authorization or attaching a condition is deemed to be a reference to the minister approving or giving effect to the plan, granting the exemption, providing the authorization or attaching the condition, as the case may be.

(a) a reference to the Operational and Site Planning Regulation is a reference to the Operational and Site Planning Regulation as it was immediately before the effective date, and
(b) a reference to the Forest Road Regulation is a reference to the Forest Road Regulation as it was immediately before the effective date. 177.1 (1) Sections 59 to 70, 70.1, 71, 72, 74 (1) and (2), 74.1, 74.2, 74.3, 74.4, 74.5, 74.6, 74.7, 74.8, 75, 76.1, 77, 77.1, 78 to 86 and 88 to 103 of this Act apply to and in respect of the Code and the Code regulations.

(2) A person to whom the Code and the Code regulations apply who contravenes a requirement, the contravention of which is an offence under the Code or the Code regulations, commits that offence under the Code or the Code regulations and is liable on conviction
(a) to a fine not exceeding the maximum amount specified in the Code or the Code regulations for that offence,
(b) to imprisonment not exceeding the maximum amount specified in the Code or the Code regulations for that offence, or
(3) For contraventions of the Code or the Code regulations, the maximum administrative penalties are as provided for under the Code and the Code regulations. (4) For the purposes of this section,

section 67 of this Act to sections 52, 50 (2) and 51 must be read as references to sections 96, 100 and 101, respectively, of the Code,

section 68 (1) of this Act to section 50 (1) must be read as a reference to section 98 of the Code,

section 74 (1) of this Act to an administrative penalty in an amount that does not exceed the amount determined in accordance with the regulations must be read as a reference

section 117 (1) of the Code, up to and including the amount provided for under that provision, or

section 119 (3) of the Code, up to and including the amount referred to in that provision, or

section 119 (1) of the Code, up to and including the amount referred to in that provision, or

section 119 (3) of the Code, up to and including the amount referred to in that provision,

section 90 of this Act to sections 26 (2), 51 (7), 54 (2), 57 (4), 66 (1) and 74.2 (2) must be read as references to sections 106 (1), 101 (2), 99 (2), 102 (3), 123 and 118, respectively, of the Code,

section 93 of this Act to section 46 (1) must be read as a reference to section 45 (1), (3) or (4), as applicable, of the Code,

section 93 of this Act to sections 50 (1), 54 (1), 55 and 57 (1) must be read as references to sections 98, 99 (1), 103 and 102 (1), respectively, of the Code,

section 94 of this Act to sections 52 and 53 must be read as references to sections 96 and 97, respectively, of the Code,

section 95 of this Act to section 50 must be read as a reference to section 100 of the Code, and

section 96 of this Act to section 57 must be read as a reference to section 102 of the Code. 179 (1) Unless otherwise provided in this Part, this Act, the regulations and the standards apply to
(b) a holder of an agreement under the Forest Act or the Range Act or of a special use permit, whether or not the agreement or permit was entered into or issued before on or after the effective date. (2) Subsection (1) applies despite any wording in the agreement or permit to the contrary. (3) If an administrative review has commenced before the effective date, sections 129 and 130 of the Code continue to apply to that review, despite the repeal of those sections.

Division 2 — Grandparenting Designations, Objectives and Measures
180 Every area established or continued under the Code as
(d) an emergency bark beetle management area,
(f) an area with significant downstream fisheries values,
(g) an area with significant watershed sensitivity,
(h) a lakeshore management zone,
(i) an interpretive forest site,
(l) a forest ecosystem network
that was in effect immediately before the effective date is continued under this Act. 181 All objectives in respect of areas continued under

section 180 that were in effect immediately before the effective date are continued as objectives under this Act. 182 All general wildlife measures that were
(a) established under the Code and the Code regulations, and
(b) in effect immediately before the effective date
are continued as general wildlife measures under this Act. Division 3 — Grandparenting Permits
183 Every cutting permit, issued under an agreement under the Forest Act, that is in effect immediately before the effective date
(a) is deemed to be a cutting permit under this Act, and
(b) subject to the Forest Act, remains in effect for the term specified in the permit.

184 Every road permit, issued under the Forest Act, that is in effect immediately before the effective date is deemed to be a road permit under this Act. 185 (1) Subject to subsection (2), every road use permit, issued under an agreement under the Forest Act, that is in effect immediately before the effective date is deemed to be a road use permit under this Act. (2) On and after the effective date, every road use permit referred to in

section 54 (2) (e) of the Code is no longer valid. Division 4 — Transition for Forest Operational Plans and Practices
186 This Division does not apply to or in respect of the holder of a woodlot licence or of a licence to cut.

187 (1) A forest development plan that was approved or given effect under the Code and that was in effect immediately before the effective date remains in effect until whichever happens first,
(a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,
(b) the plan is replaced with a forest stewardship plan prepared in accordance with this Act,
(c) subject to paragraph (d) and to subsection (3), December 31, 2006, or
(d) if the plan is for a community forest agreement, the end of the term specified in the approval of the plan.

(1.1) Despite subsection (1) (a), a forest development plan that
(a) was approved or given effect under the Code and that was in effect immediately before the effective date, and
(b) immediately before the effective date pertained to a pre-existing licence referred to in

section 24.2 of the Forest Act, as that section read immediately before its repeal,
remains in effect for the forest licence, if any, that replaces the pre-existing licence until whichever of the following happens first:
(c) the forest licence expires and is not replaced or is cancelled, surrendered or otherwise terminated;
(d) the plan is replaced with a forest stewardship plan prepared in accordance with this Act;
(e) subject to subsection (3), December 31, 2006. (2) The holder of a forest development plan must prepare any amendments to the plan or replacement of the plan required under the Code.

(3) The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c) or (1.1) (e). 188 (1) Despite

section 3, but subject to subsection (6) (a), on or before December 31, 2005 a timber sales manager or a holder of an agreement under the Forest Act may prepare and submit for the district manager's approval a forest development plan under this section. (2) The Code and the Code regulations apply to forest development plans prepared under subsection (1).

(3) For the purposes of sections 21 and 22 of the Operational and Site Planning Regulation,
(a) a forest development plan referred to in subsection (1) is deemed to be a "subsequently proposed forest development plan", and
(b) the cutblocks and roads referred to in those sections continue to have the same protection afforded to them in respect of the circumstances in which the district manager may or may not refuse to approve a subsequently proposed forest development plan.

(4) A forest development plan referred to in subsection (1) remains in effect until whichever happens first,
(c) subject to paragraph (d) and to subsection (6) (b), December 31, 2006, or
(d) if the plan is for a community forest agreement, the end of the term specified in the approval of the plan. (5) The holder of a forest development plan referred to in subsection (1) must prepare any amendments to the plan or replacement of the plan required under the Code.

(6) The Lieutenant Governor in Council by regulation
(a) may substitute a date that is no later than December 31, 2006 for the date referred to in subsection (1), and
(b) may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (4) (c). 189 (1) A site level plan for a cutblock that was in effect immediately before the effective date remains in effect. (2) The Code and the Code regulations apply to a site level plan referred to in subsection (1). (b) holder of an agreement under the Forest Act
who has a forest development plan referred to in

section 187 or 188, and who has not prepared a site plan under the Code before the effective date, must prepare the site plan in accordance with the Code and the Code regulations. (4) Subsection (3) does not require a site plan if one is not required under the Code. 190 (1) A road layout and design that was in effect immediately before the effective date remains in effect. (2) The Code and the Code regulations apply to a road layout and design referred to in subsection (1). (b) the holder of an agreement under the Forest Act

section 187 or 188, and who has not prepared a road layout and design under the Code and the Code regulations before the effective date, must prepare a road layout and design in accordance with the Code and the Code regulations and, if required, obtain approval of the road layout and design. (4) Subsection (3) does not require a road layout and design if one is not required under the Code or the Code regulations. 191 (1) If the holder of an agreement under the Forest Act, before the effective date, has begun harvesting on an area in a cutblock, the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the area.

(2) If a timber sales manager, before the effective date,
(a) has authorized harvesting in a cutblock, and
(b) harvesting has begun on the area
the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the government for the area. (3) The government must comply with the requirements of the Code and the Code regulations that pertain to areas for which the government
(a) is required to establish a free growing stand under

section 70 (2) of the Code, and
(b) has assumed the responsibility for carrying out a prescription or site plan under

section 71 (3) of the Code. 192 (1) If the holder of an agreement under the Forest Act, on or after the effective date, begins harvesting on an area that
(b) is subject to a forest development plan referred to in

section 187 or 188,
the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the area. (2) If the timber sales manager, on or after the effective date, authorizes harvesting on an area that

the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the government for the area. 193 (1) If the holder of an agreement under the Forest Act, before the effective date, begins construction, maintenance or deactivation of a road, the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the road.

(2) If the timber sales manager, before the effective date,
(a) has authorized construction, maintenance or deactivation of a road, and
(b) the construction, maintenance or deactivation, as the case may be, has begun,
the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the government for the road. 194 (1) If, on or after the effective date, the holder of an agreement under the Forest Act begins road construction, maintenance or deactivation on an area that is subject to a forest development plan or site plan, the holder must comply with the requirements of the Code and the Code regulations that pertain to the holder for the road construction, maintenance or deactivation.

(2) If, on or after the effective date, the timber sales manager authorizes road construction, maintenance or deactivation on an area that is subject to a forest development plan or site plan, the timber sales manager must comply with the requirements of the Code and the Code regulations that pertain to the timber sales manager for the road construction, maintenance or deactivation. 195 (1) Despite

section 3, if a person is
(ii) a timber sale licence that requires the holder of the licence to prepare a forest stewardship plan, or
(iii) a community forest agreement, and
(b) the holder of a forest development plan that is in effect,
the person may obtain a cutting permit, road permit or licence to cut in accordance with the Forest Act, the Code and the Code regulations. (2) Despite

section 3, a timber sales manager who is the holder of a forest development plan that is in effect, in accordance with the Forest Act, the Code and the Code regulations, may
(a) invite applications for, or enter into, a timber sale licence to which subsection (1) does not apply, and
196 (1) Except in prescribed circumstances, a proposed forest stewardship plan must be considered to have received the minister's approval under

section 16 (1) for the parts, if any, of the forest stewardship plan that pertain to an area in a forest development unit that is
(a) a cutblock, if the cutblock has been included in a forest development plan, with the assessments required in sections 16, 17, 36.1 and 37 of the Operational and Site Planning Regulation shown as completed, and
(b) a road, if the road has been included in a forest development plan, with the assessments required in

section 5 of the Forest Road Regulation shown as completed. (2) A proposed forest stewardship plan must be considered to have received the minister's approval under

section 16 (1) for the parts, if any, of the plan that pertain to a cutblock or road that has been included as part of a forest development plan that is in effect on the date of the submission of the forest stewardship plan to the minister, unless
(a) one or more of the following events have occurred during the period specified in subsection (3):
(i) an enactment applicable to the forest development unit has been made or amended;
(ii) an objective set by government has been established or varied;
(iii) an area of land has been designated by regulation as a community watershed;
(iv) an area of land that was a community watershed has been varied by regulation and the watershed as varied is applicable to the forest development unit;
(v) timber in the vicinity of the forest development unit has suffered catastrophic damage, and
(b) the minister considers that the forest development unit is inconsistent with the events described in paragraph (a) that have occurred.

(3) The specified period under subsection (2) (a) begins 4 months before the date the existing forest development plan was submitted for approval and ends 4 months before the date the proposed forest stewardship plan was submitted for approval. 197 (1) A forest stewardship plan approved under

section 16 replaces any forest development plan that, on the date the forest stewardship plan was approved, was in effect for the part of the area under the forest development plan that is in the area under the forest stewardship plan. (2) Any site level information in a forest development plan at the time of its replacement under subsection (1) by a forest stewardship plan continues to be applicable for cutblocks in the forest stewardship plan area that have been harvested or are subject to a cutting permit. (3) The replacement under subsection (1) of a forest development plan by a forest stewardship plan does not affect a site plan prepared before the replacement.

(4) Unless otherwise specified in a forest stewardship plan, the approval of the plan does not affect the requirements that must be met for any area in which timber harvesting or road construction has begun before the approval of the plan. (5) If, before the replacement under subsection (1) of a part of a forest development plan,
(i) begins harvesting of a cutblock, and
(ii) is required to establish a free growing stand on an area harvested, and
(b) the stocking standards specified in the plan apply to the net area to be reforested,
unless otherwise specified in a forest stewardship plan, the stocking standards in the plan remain in effect until the free growing stand is established.

(6) Subject to subsection (7), a person who begins timber harvesting or road construction on an area after the approval of a forest stewardship plan must comply with the requirements of this Act, the regulations, the standards and the forest stewardship plan that pertain to the person for the area.

(7) Unless otherwise specified in a forest stewardship plan, the Code and the Code regulations continue to apply to an area that is
(a) in a cutblock and subject to a cutting permit or licence to cut in effect on the date the forest stewardship plan was approved,
(a.1) described in a timber sale licence in effect on the date the forest stewardship plan was approved, or
(b) in a road right of way and subject to a road permit in effect on the date the forest stewardship plan was approved. (8) The holder of a forest stewardship plan may amend the site level information referred to in subsection (2) in accordance with the Code and the Code regulations.

Division 5 — Transition for Woodlot Licences
198 If a holder of a woodlot licence has carried out a forest practice in the woodlot licence area before the effective date and the requirements of the Code and the Code regulations that pertain to that area have not been completed before the effective date, the holder must comply with those requirements.

199 (1) A forest development plan that is held by the holder of a woodlot licence, was approved under the Code and was in effect immediately before the effective date is deemed to be a forest development plan under this Act and remains in effect until whichever happens first,
(b) the plan is replaced with a woodlot licence plan prepared in accordance with this Act, or
(c) subject to subsection (2), the later of
(ii) the end of the term specified in the approval of the plan.

(2) The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c) (i). 200 (1) Despite

section 12, but subject to subsection (4), on or before December 31, 2005, a holder of a woodlot licence may prepare and submit for the district manager's approval a forest development plan under this section. (2) Each of the following apply to forest development plans prepared under subsection (1):
(b) the Code regulations respecting woodlot licences.

(3) A forest development plan referred to in subsection (1) remains in effect until whichever happens first,
(c) subject to subsection (4), the later of

(4) The Lieutenant Governor in Council by regulation
(b) may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (3) (c) (i). 201 (1) A holder of a woodlot licence who has a forest development plan referred to in

section 199 or 200 must prepare, in accordance with the Code and the Code regulations, any
(a) amendments to the plan or replacement of the plan, and
that are required under the Code. (2) A holder of a woodlot licence who carries out a forest practice on an area under a forest development plan or site plan referred to in subsection (1) must comply with the requirements of the Code and the Code regulations that pertain to the holder for the area. (3) Despite

section 12, before a holder of a woodlot licence obtains approval of a woodlot licence plan, the holder may apply for a cutting permit, road permit or road use permit in accordance with the Code and the Code regulations. 202 (1) A woodlot licence plan approved under

section 16 replaces any forest development plan that, on the date the woodlot licence plan was approved, was in effect for the woodlot licence area. (2) Any site plan information in a forest development plan at the time of its replacement under subsection (1) by a woodlot licence plan continues to be applicable for cutblocks in the woodlot licence area that have been harvested or are subject to a cutting permit. (3) The replacement under subsection (1) of a forest development plan by a woodlot licence plan does not affect a site plan prepared before the replacement.

(4) If a performance requirement under this Act conflicts or is inconsistent with a performance requirement in a site plan referred to in subsection (3), the performance requirement in the site plan prevails. (5) The holder of a woodlot licence plan may amend the site plan information referred to in subsection (2) in accordance with the Code and the Code regulations. Division 6 — Transition for Licences to Cut
203 (1) Subject to

section 204 of this Act and to section 99 (2) of the Energy Resource Activities Act, the holder of a licence to cut who harvests timber under a licence to cut entered into before the effective date must comply with the requirements of the Code and the Code regulations that pertain to the licence. (2) Subject to

section 204 of this Act and to section 99 (2) of the Energy Resource Activities Act, a holder of a licence to cut entered into on or after the effective date who harvests timber under the licence must comply with the requirements of this Act, the regulations and the standards that pertain to the licence. (3) This section does not apply to a holder of a licence to cut that is granted under a pulpwood agreement. 204 (1) Subject to

section 99 (2) of the Energy Resource Activities Act, a holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence that is in effect on the effective date must comply with the requirements of the Code and the Code regulations that pertain to the area. (2) Subject to

section 99 (2) of the Energy Resource Activities Act, a holder of a licence to cut who harvests timber on an area under a cutting permit issued under the licence after the effective date must comply with the requirements of this Act, the regulations and the standards that pertain to the area.

205 (1) A range use plan prepared or approved under the Code that is in effect immediately before the effective date is deemed to be a range use plan under this Act and remains in effect until whichever happens first,
(b) the plan is replaced with a range use plan or a range stewardship plan prepared in accordance with this Act, or
(c) subject to subsection (3), December 31, 2006.

(2) If the circumstances in subsection (1) (a) to (c) have not occurred, the person who prepared a range use plan referred to in subsection (1), whether the district manager or the holder, remains responsible for preparing
(a) any amendments to the plan, or
(b) any replacement of the plan
required under the Code and the Code regulations. (3) The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c). 206 (1) Despite

section 32, a holder of an agreement under the Range Act who has a range use plan referred to in section 205 may graze livestock, cut hay or carry out any other range practice on Crown range to which the agreement applies if, on the effective date, that grazing, hay cutting or other range practice was authorized. (2) If a holder of an agreement under the Range Act referred to in subsection (1) carries out grazing, hay cutting or any other range practices on an area, the holder must do so only in accordance with the requirements of the Code and the Code regulations that pertain to the area. approved under

section 37 replaces any range use plan referred to in section 205 in effect on the date of the approval for the part of the area under that plan that is in the area under the plan referred to in paragraph (a) or (b). (2) As soon as practicable after the approval under subsection (1) of a range use plan or range stewardship plan, the holder of the plan must graze any livestock on the area under the plan in accordance with

section 45. Division 8 — Pilot Project Transition
208 In this Division:
"participant" means a person who has given his or her consent to take part in a pilot project;
"pilot project regulation" means a Code regulation made under

section 221.1 of the Code;
"proposed pilot project" means a pilot project initiated under Part 10.1 of the Code if, immediately before the effective date,
(a) the pilot project had been made subject to review and comment under that Part, and
(b) there was not a pilot project regulation associated with the pilot project. 209 (1) A pilot project regulation remains in effect despite the repeal of Part 10.1 of the Code. (2) Subject to this Division, the Code and the Code regulations apply to participants who are subject to a pilot project regulation. 210 (1) Subject to subsection (2), a regulation may be made for a proposed pilot project as if

section 221.1 of the Code were still in force. (2) A regulation may not be made under subsection (1) if any of the participants in the proposed pilot project notifies the minister in writing that the participant no longer consents to the proposed pilot project. 211 (1) A pilot project regulation under the Code is deemed to be a pilot project regulation made under this Act. (a) has been proposed under

section 221.1 of the Code, and
(b) the proposal is still proceeding at the time of the coming into force of this subsection,
anything done on or before the effective date in furtherance of the proposal is deemed to have been done under this Act and the proposal may be continued under and in conformity with this Act. (3) The Lieutenant Governor in Council may make regulations respecting varying the requirements or the application of this Act or of the regulations, as he or she considers necessary or desirable in order to adapt them for the purposes of
(a) a pilot project regulation referred to in subsection (1), or
(b) a pilot project that has been proposed, and is proceeding, as described in subsection (2).

Division 9 — Transfer of Code Obligations
"outstanding requirement" means a requirement under the Code that, on the specified date,
(a) is in effect and has not been fulfilled,
(b) is an obligation, described in

section 162.1 of the Code, of the holder of an agreement under the Forest Act, that is continuing, because it is not among the obligations that, in accordance with that section, the holder was conclusively deemed to have met, or
(c) is an obligation that is a "prescribed obligation" referred to in

section 162.2 of the Code and is continuing, because the person who has the obligation has not been granted the relief described in that section;
"specified date" means the date, not earlier than January 1, 2008, that is specified for the purposes of this definition by a regulation made under this section. (2) The Lieutenant Governor in Council may make regulations respecting outstanding requirements, including but not limited to
(a) specifying outstanding requirements that continue on and after the specified date to apply to the persons to whom those requirements applied immediately before that date, and
(b) varying those requirements or the application of those requirements as he or she considers necessary or desirable to adapt those requirements for the purposes of this Act.

(3) The outstanding requirements to which a regulation under this section pertains are conclusively deemed to continue as requirements under this Act and to be administered and enforced as such. (4) Subject to the regulations made under this section or under

section 178, a reference in a provision of the Forest Practices Code of British Columbia Act to a repealed provision of that Act is deemed to be a reference to that repealed provision as it was before its repeal. Division 10 — Forest Practices Board Transition
214 (1) In accordance with the regulations, the board must carry out periodic independent audits and may carry out special investigations to determine
(a) compliance with the requirements of this Part and the regulations and standards in relation to this Part, and
(b) the appropriateness of government enforcement pertaining to this Part.

(1.1) In accordance with the regulations, the board must deal with complaints from the public respecting prescribed matters that relate to a person's compliance with Parts 3 to 5 of the Code and with the Code regulations in relation to those Parts. (2) Part 8 applies to an audit or investigation under subsection (1) and a complaint investigation under subsection (1.1) of a person's compliance with the Code and the Code regulations. (3) In accordance with the regulations, the board may request the minister to review the approval of, or the giving effect to, a forest development plan or range use plan or an amendment to either if
(a) the approval was made, or the plan or amendment was given effect, after the effective date as defined in

section 177, and
(b) the request for review was made not later than 45 days after
(i) the notice of the approval was given to the holder of the approved plan, or
(ii) the date on which the plan or amendment was given effect. 215 (1) In accordance with the regulations, the board must carry out periodic independent audits and may carry out special investigations to determine
(a) compliance with Part 5 of the Code and with the Code regulations in relation to that Part, and
(b) the appropriateness of government enforcement pertaining to that Part.

(1.1) In accordance with the regulations, the board must deal with complaints from the public respecting prescribed matters that relate to a person's compliance with Part 5 of the Code and with the Code regulations in relation to those Parts. (2) Part 8 of this Act applies to an audit or investigation under subsection (1) and a complaint investigation under subsection (1.1), of a person's compliance with Part 5 of the Code and with the Code regulations in relation to that Part. Division 11 — Nisg̱a'a Final Agreement Transition
216 (1) [Repealed 2014-32-30.] (2) The Forest Practices Code of British Columbia Act and the regulations and standards under that Act as they were on December 16, 2002 apply to the Nisg̱a'a Final Agreement.

section 2 to carry on its business as a gas utility. 6 A utility may expropriate any land in British Columbia reasonably required for its undertaking, and, in that event, the Expropriation Act applies. 7 (1) If, in the opinion of the commission, a delay in starting the construction of any works is not in the public interest or would cause unnecessary inconvenience or expense to the utility, the commission may authorize the utility to enter and use the land for constructing and maintaining the works, once the utility has deposited with the commission security in a form and amount the commission considers adequate to indemnify the owner for damage the owner might sustain by construction of the works.

(2) If the utility exercises its authority to enter and use the land, the utility must, within a reasonable time, expropriate or otherwise acquire the land required, and, in that event, the Expropriation Act applies. 8 A person who hinders or prevents entry on land or entry on or use of land under

section 7 commits an offence. 9 The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. Copyright © King's Printer, Victoria, British Columbia, Canada

section 32 (7). (9) The Lieutenant Governor in Council, by order, may designate any agreement entered into or to be entered into by the authority that the Lieutenant Governor in Council considers relates to the provision of support services to or on behalf of the authority. (10) For the purposes of subsection (9), "support services" means services that support or are ancillary to the activities of the authority from time to time, and includes services related to metering for, billing and collecting fees, charges, tariffs, rates and other compensation for electricity sold, delivered or provided by the authority, but does not include the production, generation, storage, transmission, sale, delivery or provision of electricity.

(11) Despite the common law and the provisions of this or any other enactment, if an agreement is designated under subsection (9),
(a) the authority is deemed to have, and to have always had, the power and capacity to enter into the agreement,
(b) the agreement and all actions of the authority taken in accordance with the provisions of the agreement are authorized, valid and deemed to be required for the public convenience and necessity,
(c) the authority is deemed to have, and to have always had, the power and capacity to carry out all of the obligations imposed under, and to exercise all of the rights, powers and privileges granted by, the agreement according to its terms,
(d) the agreement is binding on and enforceable by the authority, according to the agreement's terms, and
(e) subject to subsection (12), the authority is not required to obtain any approval, authorization, permit or order under the Utilities Commission Act in connection with the agreement or any actions taken in accordance with the terms of the agreement, and the commission must not prohibit the authority from taking any action that the authority is entitled or required to take under the terms of the agreement.

(12) Nothing in subsection (11) (e) precludes the commission from considering the costs incurred, or to be incurred, in relation to an agreement designated under subsection (9) when establishing the revenue requirements and setting the rates of the authority.

16 (1) The authority may, for any purpose related to the exercise of its powers,
(a) expropriate any property, power site, power project or power plant,
(b) enter, remain on, take possession of and use any property,
(c) on land that it expropriates,
(i) erect, make or place on the land any structure, installation, excavation or power plant, and
(ii) flood and overflow the land and accumulate and store water on it, and
(d) require and compel a person who generates or supplies power to enter into an agreement to supply to the authority as much of that power as the authority requires. (2) If land is expropriated under subsection (1), the Expropriation Act applies.

(3) If the authority exercises a power under subsection (1) that does not constitute the expropriation of land requiring approval under the Expropriation Act, it must obtain the approval of the minister before the power is exercised. (4) If the authority expropriates property under subsection (1) other than land, the authority must notify the Attorney General and, if required by the Attorney General, file a notice describing the property at a place designated by the Attorney General. (5) Despite any other Act, the property referred to in subsection (3) that is expropriated vests in the authority free and clear of all encumbrances
(a) when the notice is filed under subsection (4), or
(b) if no filing is requested, when the Attorney General receives the notification under subsection (4).

(6) After property vests under subsection (5), the authority must serve on the owner of the property a notice containing a description of the property sufficient to identify it, together with a declaration of readiness to pay compensation in an amount to be agreed on or to be determined under subsection (9). (7) If an owner is absent from British Columbia or is unknown or cannot be served, the Supreme Court may, on the application of the authority, order that the notice under subsection (6) be published in a manner and for a time that the court thinks proper, and, on publication, the owner is deemed to have been served with the notice.

(8) If the authority exercises its powers under subsection (1), other than in relation to the expropriation of land, it must pay compensation for
(a) the interest, property, matter or thing expropriated, entered on or used, and
(b) damages to any property that directly result from the expropriation, entry or use. (9) If the authority and a person entitled to compensation fail to agree on the amount of compensation payable under subsection (8), the amount must be determined by the Supreme Court. 17 (1) If the authority is unable to agree with a person required or compelled to supply power under

section 16 (1) (d) on the amount of power available for the authority's use or the price to be paid for it or on any matter relating to supplying the power desired, the commission must, on application of either party, after a hearing, determine the amount of power, if any, to be supplied and the price to be paid for it, and also any other matter on which agreement has not been reached. (2) A determination of the commission under subsection (1) is final.

18 (1) If any power of expropriation is exercised by the authority, the authority must, by order in writing, release the person whose property has been expropriated from any obligation relating to the purchase or supply of power or to the purchase or sale of anything required for a power plant. (2) An order made under subsection (1) is binding on all parties concerned. (3) An order made under subsection (1) has effect only in regard to matters connected with the property expropriated.

19 The power of expropriation conferred on the authority extends to property, plants, rights, powers and privileges, even though
(a) they are or may be deemed to be devoted to public use, or
(b) the owner possesses the power of taking land compulsorily,
but the authority does not have the power to take by expropriation land or a plant of a municipality that may be used for the generation or supply of power.

20 (1) The authority may, by itself, or by its engineers, surveyors, agents, contractors, subcontractors or employees, for any purpose relating to the use, construction, maintenance, safeguarding or repair of its plants or projected plants, or for better access to them and without the consent of the owner, enter any land and
(a) survey and take levels of it and make the borings, tests or sink the trial pits it thinks necessary,
(b) cut down any trees that, in its opinion, might, in falling or otherwise, endanger the conductors, wires or equipment or other plant of the authority, or that may obstruct the running of survey lines, and
(c) make or use all roads, trails, bridges, wharves and other works and facilities, whether permanent or temporary, that may be required for the convenient passing to and from its survey lines, plants and projected plants.

(2) Despite anything in this Act, if a claim is made against the authority for damage to crops, gardens, shrubs, trees or other growing things, or other damage caused by or incidental to the exercise of powers conferred by this section, if the amount of compensation for damage is not agreed on, compensation must be determined by the Supreme Court. 21 (1) Subject to the approval of the Lieutenant Governor in Council, the authority, for any of the purposes of the authority, may
(a) borrow sums of money the authority thinks are required, and
(b) issue notes, bonds, debentures and other securities bearing interest at rates and payable as to principal and interest in currencies and at places and at times and in a manner the authority determines.

(2) The directors of the authority may, by resolution, delegate any of their powers or the powers of the authority under this section to any director or officer of the authority. (3) A resolution under this section that is approved by the required number of directors by telephone or any other means of communication and that is confirmed in writing or other graphic communication is as valid and effectual as if it had been passed at a meeting of the directors properly called and constituted. (4) The notes, bonds, debentures and other securities of the authority may be made redeemable in advance of maturity at times and at prices the directors of the authority determine at the time of the issue.

(5) For this section, the purposes of the authority, without limiting any other provision of this Act, include the following:
(a) payment, refunding, exchange or renewal of all or any part of a loan raised or securities issued by the authority, except to the extent that a sinking fund is available for the payment of the loan or securities, and a recital or declaration in the resolution or minutes of the authority authorizing the issue of securities as to the amount of any sinking fund so available is conclusive evidence of the fact;
(b) payment of all or any part of a loan, liability or bonds, debentures or other securities, payment of which is guaranteed or assumed by the authority;
(c) payment of any other liability or indebtedness of the authority;
(d) carrying out any of the powers referred to in this Act, providing in whole or in part for expenditures of the authority made or to be made in connection with them, reimbursing the authority for any of those expenditures and repaying all or part of any temporary borrowings of the authority for any of those purposes;
(e) the exercise of a power, right, function or duty conferred or imposed on the authority under this or any other Act or law.

(6) The authority may borrow and may issue under subsection (1) in amounts that will realize the net sum required by the authority for its purposes, and a recital or declaration in the resolution or minutes of the authority authorizing the issue of securities to the effect that the issue of the authorized securities is being made for the purposes of the authority and that the amount is necessary to realize the net sum required for the purposes of the authority is conclusive evidence of the fact.

(7) Subject to the approval of the Lieutenant Governor in Council, on terms and conditions thought advisable, the authority may dispose of the notes, bonds, debentures and other securities of the authority, either at the par value of them or at less or more than the par value, and may charge, pledge, hypothecate, deposit or otherwise deal with the securities as collateral security.

(8) Subject to the approval of the Lieutenant Governor in Council on terms and conditions thought advisable, the authority may exchange notes, bonds, debentures or other securities of the authority for securities of another corporation
(a) in an amount or amounts equal to or greater or smaller than the amount or amounts of the notes, bonds, debentures or other securities of the authority,
(b) bearing interest payable at the same or different time or times as the interest payable under the notes, bonds, debentures or other securities of the authority,
(c) bearing interest at the same or a greater or smaller rate as or than the interest payable under the notes, bonds, debentures or other securities of the authority,
(d) due on the same or on an earlier or later date as or than the notes, bonds, debentures or other securities of the authority, and
(e) callable whether or not the notes, bonds, debentures or other securities of the authority are callable and on the same or different terms and conditions as or than the notes, bonds, debentures or other securities of the authority if they are callable.

(9) Securities of the authority, dealt with as collateral security,
(a) when redelivered to the authority or its nominees on or after payment, satisfaction, release or discharge, in whole or in part, of any indebtedness or obligation for which the securities may have been given as collateral, or
(b) when the authority again becomes entitled to the securities,
may be treated by the authority as unissued and, subject to the approval of the Lieutenant Governor in Council,
(c) may be issued, reissued, charged, pledged, hypothecated, deposited, dealt with as collateral security, sold or otherwise disposed of on terms and conditions the directors of the authority think advisable, or
(d) at the option of the authority, may be cancelled, at which time, subject to the approval of the Lieutenant Governor in Council, fresh securities to the same amount and in the same form may be issued in place of them with the same consequences, and on the issue or reissue a person entitled to them has the same rights and remedies as if the securities had not been previously issued,
but the borrowing power of the authority is deemed not to have been affected by the issuance, reissuance, pledging, depositing or selling of securities under this section.

(10) The notes, bonds, debentures and other securities of the authority must be in a form determined by the directors of the authority or on behalf of the authority by the Minister of Finance as fiscal agent for the authority. (11) The notes, bonds, debentures and other securities must bear the seal of the authority and, together with any coupons attached, must bear the signatures in writing of
(b) other directors or officers as the authority may determine. (12) The directors of the authority may provide that the seal of the authority may be engraved, lithographed, printed or otherwise mechanically reproduced on any security to which it is to be affixed.

(13) The seal of the authority, when mechanically reproduced, has the same effect as if manually affixed, and any mechanically reproduced signature or signatures are for all purposes valid and binding on the authority even though the person whose signature is reproduced has ceased to hold office before the date of the security or before its issue.

(14) Subject to the approval of the Lieutenant Governor in Council, the authority may also borrow by way of temporary loans from any person the sums on the terms, for the purposes and on the conditions the directors of the authority determine, by way of bank overdraft or line of credit, or by the pledging as security for the temporary loans of notes, bonds, debentures or other securities of the authority pending the sale of them or in place of selling them, or in whatever other manner the directors of the authority determine.

(15) Any cheques, promissory notes or other instruments necessary or desirable in connection with the borrowing of money and the obtaining of advances by way of temporary loans as set out in subsection (14) may be executed in whatever manner the directors of the authority determine. (16) The Minister of Finance, as fiscal agent of the authority, may arrange all details and do, transact and execute all deeds, matters and things that are required during the negotiation of a loan or for placing a loan. (17) Money raised by the authority under this section must be paid by the authority into the fund established under

section 27. 22 Despite anything in this Act, the authority may, in the resolution under

section 21, authorize the Minister of Finance or, with the concurrence of the Minister of Finance, authorize the Minister of Finance of Canada to determine any matter required to be determined under section 21 for
(a) borrowing money from the Canada Pension Plan Investment Fund established under the Canada Pension Plan, and
(b) issuing and selling to the Receiver General and Minister of Finance of Canada for the credit of the Canada Pension Plan Investment Fund debentures as security for the loans.

23 (1) The Lieutenant Governor in Council, for and on behalf of the government, may guarantee the payment of the principal and interest of and on any of the following:
(a) notes, bonds, securities, debentures, debenture stock, loans or obligations issued by the authority or the payment of which is assumed by the authority;
(b) notes, bonds, securities, debentures, debenture stock or loans issued by a firm or person if
(i) all of the property, assets or undertaking of the firm or person has been acquired by the authority,
(ii) the obligations and liabilities of the firm or person has been assumed by the authority,
(iii) the firm or person is amalgamated with the authority, or
(iv) the management, supervision or control of the business of the firm or person has been taken over by the authority.

(2) The guarantee under subsection (1) must bear the manual, engraved, lithographed or printed signature of the Minister of Finance, or the manual, engraved, lithographed or printed signature or signatures of the other officer or officers of the Ministry of Finance of British Columbia designated by the Lieutenant Governor in Council.

(3) The engraved, lithographed or printed signature of the Minister of Finance or of any other officer is for all purposes the signature of that person, and is binding on the government even though the person whose signature is reproduced may not have held office at the date of the notes, bonds, debentures or other securities or at the date of the delivery of them, and despite any change in any of the persons holding the office between the time when the signature is affixed and the date of delivery of the notes, bonds, debentures or other securities.

(4) The Lieutenant Governor in Council may make arrangements for the supply of money necessary to fulfill the requirements of a guarantee, and may advance the amount necessary out of the consolidated revenue fund. (5) In the hands of a holder of a note, bond, security or debenture, a guarantee signed in accordance with subsection (2) is conclusive evidence that this section has been complied with, and the government becomes liable for the payment of the principal and interest of the note, bond, security or debenture guaranteed, according to its tenor. 24 (1) The government may, on terms approved by the Lieutenant Governor in Council, guarantee payments of the authority under a lease made by or to the authority.

(2) The Lieutenant Governor in Council may authorize
(a) the Minister of Finance, or
(b) an officer of the Ministry of Finance,
to sign the guarantee on behalf of the government, and the signature of that person on the guarantee is conclusive proof that this section has been complied with. (3) Money required to be paid by the government in respect of a guarantee given under this section must be paid out of the consolidated revenue fund without an appropriation other than this Act. 27 (1) All funds, including borrowings, income and revenue, that come into the hands of the authority, whether as agent, trustee, owner or otherwise, form one fund, out of which the authority must make any and all expenditures necessary for its purpose.

(2) The authority must account for the fund and payments from the fund in its annual report as provided in this Act. 28 (1) The Minister of Finance may direct the Comptroller General of British Columbia to examine and report to the Treasury Board on any or all of the financial and accounting operations of the authority. (2) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the authority, the authority must appoint an auditor to audit the accounts of the authority at least once each year. (2.1) The costs of the audit referred to in subsection (2) must be paid by the authority.

30 (1) The authority may sue and be sued in its own corporate name for any right or obligation acquired or incurred by it on behalf of the government as if the right or obligation had been acquired or incurred on its own behalf and also in respect of any liabilities in tort to which it is made subject by this Act. (2) The authority is liable in tort for the damages for which if it were a private person of full age and capacity it would be subject
(a) for torts committed by its servants or agents, and
(b) for a breach of duty that attaches to the ownership, occupation, possession or control of property.

(3) An action or other proceeding does not lie against the authority or against a servant or agent of the authority or against the government for
(a) any claim against the authority or a servant or agent of the authority if a pension or compensation has been paid or is payable out of the consolidated revenue fund or out of any funds administered by an agent of the government for the death, injury, damage or loss in respect of which the claim is made, or
(b) an act or omission of a servant or agent of the authority unless the act or omission would, apart from this section, have given rise to a cause of action in tort against that servant or agent or that servant's or agent's personal representative.

(4) In all proceedings to which the authority is a party, the court may pronounce a judgment or make an order or direction as to costs in favour of or against the authority. 31 Despite

section 30, the authority is not liable in an action based on nuisance or on the rule in Rylands v. Fletcher, unless the authority was negligent. 32 (1) Despite any specific provision in any Act to the contrary, except as otherwise provided under this Act, the authority is not bound by any statute or statutory provision of British Columbia. (2) The authority is an employer under the Workers Compensation Act. (3) Money owing, payable or accruing due from the authority as salary or wages to any of its members or employees may be attached under the Court Order Enforcement Act the same as money owing, payable or accruing due from any person to the Crown, and for that purpose that Act applies to the authority.

section 25 of the Family Maintenance Enforcement Act, that is owing, payable or accruing due from the authority to any of its members or employees may be attached or garnished under section 15, 18 or 24 of that Act, and that Act applies to the authority. (5) Service of all orders, notices and processes required to be served on the authority as garnishee or attachee must be effected by personal service on the secretary of the authority or by leaving the document or documents at the secretary's office. (6) The Lieutenant Governor in Council may, by regulation, make applicable to the authority any statutory provision. (7) The following Acts and provisions apply to the authority:
(a) the Auditor General Act;
(b.1) the Budget Transparency and Accountability Act;
(c)

section 32 and Division 5 of Part 5 of the Business Corporations Act;
(c.01) the Clean Energy Act;
(c.1) the Climate Change Accountability Act;
(c.2) the Greenhouse Gas Industrial Reporting and Control Act;
(c.3) the Low Carbon Fuels Act;
(e) the Debtor Assistance Act;
(f.1) the Employer Health Tax Act;
(g) the Employment Standards Act;
(h) the Environmental Assessment Act;
(i) the Environmental Management Act;
(j) the Expropriation Act;
(k) sections 4.1, 9.1, 53, 53.1, 54, 56, 56.3, 56.4, 63, 77, 79, 79.1 and 79.3 of the Financial Administration Act;
(k.1) the Financial Information Act;
(l) the Forest Act;
(m) the Geothermal Resources Act;
(m.01) the Haida Nation Recognition Act;
(m.1) the South Coast British Columbia Transportation Authority Act;
(m.2) the Speculation and Vacancy Tax Act;
(n) the Heritage Conservation Act;
(o) the Human Rights Code;
(p) the Insurance (Vehicle) Act;
(q) the Labour Relations Code;
(q.1) sections 93.1 and 93.3 of the Land Act;
(r) the Limitation Act;
(s) the Ombudsperson Act;
(s.01) the Pay Transparency Act;
(s.1) the Pension Benefits Standards Act;
(t) the Integrated Pest Management Act;
(u) the Petroleum and Natural Gas Act;
(v) the Property Transfer Tax Act;
(v.1) the Public Sector Employers Act;
(w) sections 3 and 5 of the Railway Act;
(w.1) the Safety Standards Act in respect of electrical equipment and regulated work respecting electrical equipment as those terms are defined under that Act;
(w.2)

section 19.2 of the Safety Standards Act;
(x) the Utilities Commission Act, except sections 50, 51 (c), 52, 57 (2), 95 and 98;
(z) the Water Sustainability Act except sections 17, 19 (3), 32, 33, 35, 42, 45, 88, 127 (1) (t) and 128;
(z.1) the Wildfire Act. 33 For the purposes of the Utilities Commission Act and the Gas Utility Act, the authority with respect to works existing on September 11, 1980, is deemed to have been granted an energy operation certificate under the Utilities Commission Act and is deemed to be authorized and empowered under the Gas Utility Act to carry on business as a gas utility throughout British Columbia. 34 (0.1) In this section, "improvements", "land" and "owner" have the same meaning as in

section 1 (1) of the School Act. (0.2) The Assessment Act applies to the authority for the purposes of this section. (1) With the approval of the Lieutenant Governor in Council, the authority may make annual grants to the Surveyor of Taxes with respect to a rural area and to municipalities and other local governments within the territorial jurisdiction of which the authority generates, transmits or sells electric power or otherwise carries on business.

(2) Subject to subsection (2.1) and unless an order of the Lieutenant Governor in Council provides otherwise, land and improvements in respect of which the authority is an owner must be dealt with as follows:
(a) the land and improvements must be assessed under the Assessment Act;
(b) the net taxable value of the land and improvements is subject to school tax as defined in

section 1 (1) of the School Act;
(c) the net taxable value of the land and improvements must be included for the purpose of calculating a Provincial grant under the School Act to a board as defined in Part 8 of that Act. (2.1) Land referred to in subsection (2) is exempt from assessment and taxation under that subsection unless
(a) the authority owns the land in fee simple, or
(b) the land is located within the treaty lands of a treaty first nation or within Nisg̱a'a Lands. (3) An order of the Lieutenant Governor in Council under subsection (2) may be made for any period, whether before, on or after, or partly before and partly after April 6, 1968. 34.1 (1) [Repealed 2024-13-71.]

(2) With the approval of the Lieutenant Governor in Council, the authority may make annual grants to a treaty first nation with respect to the treaty first nation's treaty lands within which the authority generates, transmits or sells electric power or otherwise carries on business. (3) The Assessment Act and the Assessment Authority Act apply to the authority for the purposes of making annual grants under subsection (2) with respect to the treaty lands of a treaty first nation. 34.2 (1) [Repealed 2024-13-72.] (2) With the approval of the Lieutenant Governor in Council, the authority may make annual grants to the Nisg̱a'a Nation with respect to Nisg̱a'a Lands within which the authority generates, transmits or sells electric power or otherwise carries on business.

(4) The Assessment Act and Assessment Authority Act apply to the authority for the purposes of making annual grants under subsection (2). 35 Despite the Utilities Commission Act, the Lieutenant Governor in Council may issue directives directing the authority in a fiscal year to pay to the government an amount specified in the directive and may issue directives directing the authority in a fiscal year to pay to the persons constituting one or more classes of the authority's past or present customers an amount specified in the directive.

36 (1) With the approval of the Lieutenant Governor in Council, the authority may
(a) establish and maintain a fund for the payment of superannuation allowances or allowances on the death or disability of directors and employees,
(b) make regulations providing for
(i) contributions to the fund by the authority and directors and employees,
(ii) the terms and conditions on which superannuation allowances or other allowances may be payable, and
(iii) the persons to whom allowances may be paid,
(c) make regulations providing for
(i) the continuation or amendment of existing superannuation or retirement plans or arrangements or for the integration of former plans with any plan established under this section,
(ii) meeting or removing any difficulty arising out of the concurrent administration of the plan established under this section and the plan or plans in effect at the time that subparagraph (i) becomes effective, and
(iii) preserving and giving effect to the rights of all persons accrued or accruing under former plans,
and the regulations may be applicable generally or to particular cases, and
(e) amend any regulation made under this section.

(2) Despite this or any other Act, the matters respecting the establishment and maintenance of a fund for the payment of superannuation allowances or allowances on the death or disability of directors or employees under subsection (1), including
(a) contributions to the fund by the authority and directors and employees,
(b) the terms and conditions on which superannuation allowances or other allowances may be payable, and
(c) the persons to whom allowances may be paid,
must not be the subject of a collective agreement between the authority and its employees.

(3) Despite subsection (1), the regulations for a superannuation plan may provide for payment to the authority from the amount standing to the credit of a contributor or former contributor sums necessary to make good any default in accounting for any money belonging to the authority that was entrusted to the contributor or any debt that may be due by the contributor to the authority. (4) If a contributor dies while in the service of the authority, a payment from the fund to a person nominated by the contributor or to the contributor's spouse is not subject to the control of the creditors of the contributor and does not form part of the contributor's estate.

(5) Despite any requirement or agreements existing and applicable to any superannuation or retirement plan or scheme for the benefit of any officers or employees of the authority or corporation formed by amalgamation under this Act or a partnership formed under this Act, the Lieutenant Governor in Council may rescind the appointment of any trustee under any plan or scheme and appoint a trustee or trustees in place of that trustee. (6) The trustee appointed by the Lieutenant Governor in Council under subsection (5) need not be a trust company. 37 Any superannuation plan established under

section 36 may include the directors and employees of any entity
(a) that is or has been a subsidiary of or associated with the authority, and
(b) that is declared by resolution of the executive management committee to be or to have been, for any period, part of the authority for the purposes of superannuation. "agreement" means the joint management agreement referred to in subsection (2);
"pension fund" means the British Columbia Hydro and Power Authority Pension Fund established under the pension plan;
"pension plan" means the British Columbia Hydro and Power Authority Pension Plan established under B.C. Reg. 109/99. (2) Despite

section 36 (2), the authority may enter into a joint management agreement with the trade unions that represent its employees for the joint trusteeship of all or part of the pension plan and pension fund, or for any other matter relating to the pension plan or pension fund on which agreement is reached. (3) The authority and the trade unions must establish appropriate mechanisms whereby the views and interests of the authority's non-unionized employees and retirees are fairly represented in the negotiation of the agreement. (4) The agreement must not require any change to the pension plan or pension fund that would render the pension plan ineligible for registration under the Pension Benefits Standards Act or the Income Tax Act (Canada).

(5) When the agreement is entered into, the authority must adopt those plan rules and other instruments that are necessary to amend and continue the pension plan and pension fund in accordance with the agreement and, thereafter, the pension plan and pension fund
(a) must be administered as provided by the agreement,
(b) may be amended as provided by the agreement, and
(c) are not subject to sections 36 and 37 of this Act.

(6) Despite subsection (2), the non-unionized employees and the retirees of the authority not represented by the trade unions may benefit from and be made subject to the agreement, and the authority and the trade union representatives have the power to enter into the agreement on behalf of those persons and, if entered into, the agreement is binding on those persons. 38 (1) The Lieutenant Governor in Council may make regulations referred to in

(a) prescribing powers for the purposes of

section 12 (1),
(b) prescribing purposes of the authority for the purposes of

section 12 (1.2), prescribing activities, classes of activities and approval requirements. Copyright © King's Printer, Victoria, British Columbia, Canada

section 35 of the Constitution Act, 1982. (3) Every Act and regulation must be construed as being consistent with the Declaration. 9 The title and preamble of an enactment are part of it and are intended to assist in explaining its meaning and object. 10 The enacting clause of an Act of the Legislature may be in the following form: "Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:". 11 (1) In an enactment, a head note to a provision or a reference after the end of a section or other division
(a) is not part of the enactment, and
(b) must be considered to have been added editorially for convenience of reference only.

(2) In an enactment, if a reference to a provision of the enactment or any other enactment is followed by italicized text in square brackets that is or purports to be descriptive of the subject matter of the provision, subsection (1) (a) and (b) applies to the text in square brackets. (3) The Lieutenant Governor in Council may make regulations amending an enactment for the purpose of changing a reference to a specific minister or ministry in a provision of the enactment to the minister or ministry, as applicable, currently assigned responsibility in relation to the matter. 12 Definitions or interpretation provisions in an enactment, unless the contrary intention appears in the enactment, apply to the whole enactment including the section containing a definition or interpretation provision.

13 An expression used in a regulation has the same meaning as in the enactment authorizing the regulation. 14 (1) Unless it specifically provides otherwise, an enactment is binding on the government. (2) Despite subsection (1), an enactment that would bind or affect the government in the use or development of land, or in the planning, construction, alteration, servicing, maintenance or use of improvements, as defined in the Assessment Act, does not bind or affect the government. 15 (1) Every Act must be construed as to reserve to the Legislature the power of repealing or amending it, and of revoking, restricting or modifying a power, privilege or advantage that it vests in or grants to any person.

(2) An Act may be amended or repealed by an Act passed in the same session of the Legislature. 16 (1) In a proclamation, it is not necessary to mention that it is issued under an order of the Lieutenant Governor in Council. (2) If a proclamation is authorized, the proclamation may be dated the day its issue was authorized, and, despite the Regulations Act, the day on which it so purports to have been issued is deemed to be the day on which the proclamation takes effect. (3) If an enactment is expressed to come into force on proclamation, judicial notice must be taken of the issue of the proclamation without being specially pleaded.

17 (1) A corporation has perpetual succession and may do the following:
(a) sue and be sued in its corporate name;
(b) contract and be contracted with in its corporate name;
(c) have a common seal and may alter or change it;
(d) acquire and dispose of property other than land for its purposes;
(e) regulate its own procedure and business;
(f) in the case of a corporation with a name consisting of an English and a French form or a combined English and French form, use either the English or French form of its name or both forms and show on its seal both the English and French forms of its name or have 2 seals, one showing the English and the other showing the French form of its name.

(2) A majority of the members of the corporation may bind the others and the corporation by their acts. (3) Individual members of a corporation established by an enactment who do not contravene the enactment are exempt from personal liability for the corporation's debts, obligations or acts. 18 (1) If in an enactment an act or thing is required or authorized to be done by more than 2 persons, a majority of them may do it.

(2) If an enactment establishes a board, commission or other body consisting of 3 or more members, in this subsection called the "association", the following rules apply:
(a) if the number of members of the association provided for by the enactment is a fixed number, at least 1/2 of that number of members constitutes a quorum at a meeting of the association;
(b) if the number of members of the association provided for by the enactment is not a fixed number, at least 1/2 of the number of members in office constitutes a quorum at a meeting of the association, as long as the number of members is within the maximum or minimum number, if any, authorized by the enactment;
(c) an act or thing done by a majority of the members of the association present at a meeting, if the members present constitute a quorum, is deemed to have been done by the association;
(d) a vacancy in the membership of the association does not invalidate the constitution of the association or impair the right of the members in office to act, if the number of members in office is not less than a quorum.

19 (1) If by an enactment judicial or quasi judicial powers are given to a judge or officer of a court, the judge or officer in exercising the powers does so in the judge's or officer's official capacity and representing the court. (2) Without restricting subsection (1), if under an enactment an appeal is given from a person, board, commission or other body to a court or judge, an appeal lies from the decision of the court or judge as in the case of any other proceeding in that court or in the court of which the judge is a member. 20 (1) In this section, "appointing instrument" means an enactment that appoints a person to an office.

(2) An authority under an enactment to appoint a public officer is authority to appoint during pleasure. (3) An appointment made by an appointing instrument begins at the beginning of the day the appointment is effective.

(4) Unless earlier terminated by the appointee, an appointment made by an appointing instrument ends,
(a) if the day the appointment terminates is specified in the appointing instrument, at the beginning of the day specified,
(b) if the day the appointment terminates is not specified in the appointing instrument, at the end of the last day of the term of the appointment, unless paragraph (c), (d) or (e) applies,
(c) if the appointment is terminated by an enactment that specifies the day the termination is effective, at the beginning of the day specified,
(d) if the appointment is terminated by an enactment that does not specify the day the termination is effective, at the beginning of the day on which the enactment is made, and
(e) if the appointment is terminated and another person is appointed to the same office by the same enactment, when the new appointment begins.

Section 4 [time of commencement or repeal] does not apply to an appointing instrument or an enactment referred to in subsection (4) (c), (d) or (e).

21 On a demise of the Crown, it is not necessary to renew a commission or appointment by which a person in British Columbia held or exercised their office or profession during the previous reign, but all persons who held or exercised an office or profession under the late Sovereign continue in the exercise of the duties and functions of their respective offices and professions as fully as if newly appointed by commission or appointment from the Sovereign for the time being from the date of the Sovereign's accession, and it is not necessary for those persons to take an oath of allegiance to the new Sovereign.

22 Words in an enactment authorizing the appointment of a public officer include power to do the following:
(a) set the public officer's term of office;
(b) terminate the public officer's appointment or remove or suspend the public officer;
(c) reappoint or reinstate the public officer;
(d) set the public officer's remuneration and vary or terminate it;
(e) appoint another in the public officer's place or to act in the public officer's place;
23 (1) Words in an enactment directing or empowering a minister of the government to do something, or otherwise applying to the minister by the minister's name of office, include a minister designated to act in the office and the deputy or associate deputy of the minister.

(2) If a deputy minister is absent or unable to act, an assistant deputy minister, or some other official authorized by the minister, has the powers and must perform the duties of the deputy minister. (3) Words in an enactment directing or empowering a public officer to do something, or otherwise applying to the public officer by the public officer's name of office, include a person acting for the public officer or appointed to act in the office and the deputy of the public officer. (4) This section applies whether or not the office of a minister or public officer is vacant.

(5) Subsection (1) does not authorize a deputy or an associate deputy of a minister to exercise an authority conferred on the minister to enact a regulation as defined in the Regulations Act. 24 If an enactment provides that a document is evidence or proof of a fact, unless the context indicates that the document is conclusive evidence, the document is admissible in evidence in any proceeding, and the fact is deemed to be established in the absence of any evidence to the contrary.

25 (1) In sections 25.2 to 25.4, "reference day" means any of the following by reference to which the beginning or end of a period of time must be determined:
(a) a specified or implied day;
(b) a day on which a specified or implied event or act occurs;
(c) a day on which a different period begins or ends. (2) This section and sections 25.1 to 25.5 also apply to a deed, conveyance or other legal instrument unless specifically provided otherwise in the deed, conveyance or other legal instrument. (3) A period for doing an act that is determined under

section 25.2, 25.3 or 25.4 to begin or end on a holiday begins or ends, as the case may be,
(a) if the reference day is before the period, on the next day that is not a holiday, and
(b) if the reference day is after the period, on the previous day that is not a holiday. (4) A period for doing an act in a business office that is determined under

section 25.2, 25.3 or 25.4 to begin or end on a day on which the office is not open during regular business hours begins or ends, as the case may be, as follows:
(a) on the next day the office is open during its regular business hours, unless paragraph (b) applies;
(b) on the previous day the office is open during its regular business hours if
(i) the office is regularly closed on the day the period is determined under the applicable section to begin or end, and
25.1 A person reaches a particular age expressed in years at the beginning of the relevant anniversary of the person's birth date. 25.2 (1) In this section, "week" means a period of 7 consecutive days.

(2) Subject to subsection (3), the beginning or end of a period of one day or consecutive days or of one week or consecutive weeks, expressed in relation to a reference day, is to be determined as follows:
(a) if the reference day is before the period, by counting forward from and including the day after the reference day;
(b) if the reference day is after the period, by counting backward from and including the day before the reference day.

(3) If a period described in subsection (2) is expressed as "clear" days or weeks or "at least" or "not less than" a number of days or weeks,
(a) the beginning or end of the period, as determined under subsection (2) (a), is one day later, and
(b) the beginning or end of the period, as determined under subsection (2) (b), is one day earlier.

25.3 (1) Subject to subsection (2), the beginning or end of a period of one month or consecutive months, expressed in relation to a reference day, is to be determined as follows:
(a) if the reference day is before the period, by going forward to and including the date numerically corresponding to the reference day in the calendar month in which the period begins or ends, as the case may be;
(b) if the reference day is after the period, by going backward to and including the date numerically corresponding to the reference day in the calendar month in which the period begins or ends, as the case may be.

(2) If a period described in subsection (1) is expressed as "clear" months or "at least" or "not less than" a number of months,
(a) the beginning or end of the period, as determined under subsection (1) (a), is one day later, and
(b) the beginning or end of the period, as determined under subsection (1) (b), is one day earlier. (3) If the beginning or end of a period determined under subsection (1) or subsections (1) and (2), as applicable, would fall on a date that does not occur in the calendar month in which the period begins or ends, the period begins or ends, as the case may be, on the last day of that month.

25.4 (1) Subject to subsection (2), the beginning or end of a period of one year or consecutive years, expressed in relation to a reference day, is to be determined as follows:
(a) if the reference day is before the period, by going forward to and including the date numerically corresponding to the reference day in the same calendar month as the reference day in the year in which the period begins or ends, as the case may be;
(b) if the reference day is after the period, by going backward to and including the date numerically corresponding to the reference day in the same calendar month as the reference day in the year in which the period begins or ends, as the case may be.

(2) If a period described in subsection (1) is expressed as "clear" years or "at least" or "not less than" a number of years,
(b) the beginning or end of the period, as determined under subsection (1) (b), is one day earlier. (3) If the beginning or end of a period determined under subsection (1) or subsections (1) and (2), as applicable, would be February 29 and February 29 does not occur in the year in which the period begins or ends, the period begins or ends, as the case may be, on February 28.

25.5 (1) If a day that is specified for doing an act falls on a holiday, the day falls on the next day that is not a holiday. (2) If a day that is specified for doing an act in a business office falls on a day on which the office is not open during regular business hours, the day falls on the next day the office is open during its regular business hours. "Pacific Daylight Saving Time" means 7 hours behind Greenwich Mean Time;
"Pacific Standard Time" means 8 hours behind Greenwich Mean Time. (2) Except during periods prescribed under subsection (3) (a), a reference to time in British Columbia is a reference to Pacific Standard Time.

(3) The Lieutenant Governor in Council may make regulations
(a) prescribing a period in each year in which a reference to time is, for general purposes in British Columbia, a reference to Pacific Daylight Saving Time, and
27 (1) If in an enactment anything is required or authorized to be done by or before a judge, justice, coroner or public officer, it must be done by or before one whose jurisdiction or powers extend to the place where the thing is to be done.

(2) If in an enactment power is given to a person to do or enforce the doing of an act or thing, all the powers that are necessary to enable the person to do or enforce the doing of the act or thing are also deemed to be given. (3) If in an enactment a power is conferred or a duty imposed, the power may be exercised and the duty must be performed from time to time as occasion requires. (4) If in an enactment a power is conferred to make regulations, the power includes a power exercisable in the same manner, and subject to the same consent and conditions, if any, to repeal or amend the regulations and make others.

(5) If in an enactment the doing of an authorized act is dependent on an act of the Lieutenant Governor in Council or of a public officer, the Lieutenant Governor in Council or public officer has the power to do that other act or thing. (6) Power given to a person in an enactment to enter into an agreement includes the power for the person with whom the agreement is to be made to enter into the agreement and to carry out its terms, subject to conditions that apply to that person in the exercise of the power.

(7) If in an enactment power is given to a person to inspect or to require the production of records, the power includes the power to make copies or extracts of the records. 28 (1) If a form is prescribed under an enactment, deviations from it not affecting the substance or calculated to mislead, do not invalidate the form used. (2) Gender specific terms include all genders and include corporations. (3) In an enactment words in the singular include the plural, and words in the plural include the singular. (4) If a word or expression is defined in an enactment, other parts of speech and grammatical forms of the same word or expression have corresponding meanings.

29 In an enactment:
"acquire" means to obtain by any method and includes accept, receive, purchase, be vested with, lease, take possession, control or occupation of, and agree to do any of those things, but does not include expropriate;
"affidavit" or "oath" includes an affirmation, a statutory declaration, or a solemn declaration made under the Evidence Act, or under the Canada Evidence Act; and the word "swear" includes solemnly declare or affirm;
"bank" or "chartered bank" means a bank to which the Bank Act (Canada) applies;
"barrister" or "solicitor" or "barrister and solicitor" means a practising lawyer as defined in

"British Columbia land surveyor" means a person entitled to practise as a land surveyor under the Land Surveyors Act;
["calendar year", see "year"]
["Canada", see "government of Canada"]
"Cascade Mountains" means the line described in the Schedule to this Act;
["chartered bank", see "bank"]
["civil engineer", see "professional engineer"]
"commencement", with reference to an enactment, means the date on which the enactment comes into force;
"commercial paper" includes a bill of exchange, cheque, promissory note, negotiable instrument, conditional sale agreement, lien note, hire purchase agreement, chattel mortgage, bill of lading, bill of sale, warehouse receipt, guarantee, instrument of assignment, things in action and any document of title that passes ownership or possession and on which credit can be raised;
"consolidated revenue fund", "consolidated revenue" or "consolidated revenue fund of the Province" means the consolidated revenue fund of British Columbia;
"corporation" means an incorporated association, company, society, municipality or other incorporated body, where and however incorporated, and includes a corporation sole other than Her Majesty or the Lieutenant Governor;
"correctional centre" means a correctional centre under the Correction Act;
"county" means a county constituted and defined in the County Boundary Act;
"Court of Appeal" means the court continued by the Court of Appeal Act;
"credit union" means a credit union or extraprovincial credit union authorized to carry on business under the Financial Institutions Act;
"Criminal Code" means the Criminal Code (Canada);
["Crown, the", see "Her Majesty"]
"deliver", with reference to a notice or other document, includes mail to or leave with a person, or deposit in a person's mailbox or receptacle at the person's residence or place of business;
"Deputy Provincial Secretary" includes the Deputy Provincial Secretary and Deputy Minister of Government Services;
"dispose" means to transfer by any method and includes assign, give, sell, grant, charge, convey, bequeath, devise, lease, divest, release and agree to do any of those things;
"electoral district" means an electoral district referred to in

section 18 of the Constitution Act;
"Executive Council" means the Executive Council appointed under the Constitution Act;
"Gazette" means The British Columbia Gazette published under the Queen's Printer Act;
"government" or "government of British Columbia" means Her Majesty in right of British Columbia;
"government agent" means a person appointed under the Public Service Act as a government agent;
"government of Canada" or "Canada" means Her Majesty in right of Canada or Canada, as the context requires;
"Governor", "Governor of Canada" or "Governor General" means the Governor General of Canada and includes the Administrator of Canada;
"Governor in Council" or "Governor General in Council" means the Governor General acting by and with the advice of, or by and with the advice and consent of, or in conjunction with, the Queen's Privy Council for Canada;
"Great Seal" means the Great Seal of the Province;
"Her Majesty", "His Majesty", "the Queen", "the King", "the Crown" or "the Sovereign" means the Sovereign of the United Kingdom, Canada, and Her other realms and territories, and Head of the Commonwealth;
"herein" used in a section or part of an enactment must be construed as referring to the whole enactment and not to that section or part only;
"holiday" includes
(a) Sunday, Christmas Day, Good Friday and Easter Monday,
(b) Canada Day, Victoria Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Remembrance Day, Family Day and New Year's Day,
(d) a day set by the Parliament of Canada or by the Legislature, or appointed by proclamation of the Governor General or the Lieutenant Governor, to be observed as a day of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for celebrating the birthday of the reigning Sovereign, or as a public holiday;
"insurance company" means
(b) an extraprovincial insurance corporation
authorized to carry on insurance business under the Financial Institutions Act;
"judicial district" means a judicial district defined in the Supreme Court Act;
"justice" means a justice of the peace and includes a judicial justice or a judge of the Provincial Court;
["King, the", see "Her Majesty"]
"land" includes any interest in land, including any right, title or estate in it of any tenure, with all buildings and houses, unless there are words to exclude buildings and houses, or to restrict the meaning;
"land title legislation", prior to October 31, 1979 means the Land Registry Act and after October 30, 1979 means the Land Title Act;
"lawyer" means a practising lawyer as defined in

"Legislative Assembly" means the Legislative Assembly of British Columbia constituted under the Constitution Act;
"Legislature" means the Lieutenant Governor acting by and with the advice and consent of the Legislative Assembly;
"Lieutenant Governor" means the Lieutenant Governor of British Columbia and includes the Administrator of British Columbia;
"Lieutenant Governor in Council" means the Lieutenant Governor acting by and with the advice of, or by and with the advice and consent of, or in conjunction with, the Executive Council;
"mail" refers to the deposit of the matter to which the context applies in the Canada Post Office at any place in Canada, postage prepaid, for transmission by post, and includes deliver;
"may" is to be construed as permissive and empowering;
"medical practitioner" means a registrant of the College of Physicians and Surgeons of British Columbia entitled under the Health Professions Act to practise medicine and to use the title "medical practitioner";
"mentally disordered person", "mentally incompetent person", "mentally ill person" or "person with a mental disorder" means a person with a mental disorder as defined in

section 1 of the Mental Health Act;
["mining engineer", see "professional engineer"]
"minister" means that member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of the enactment;
"minor" means a person under the age of majority;
"month" means a period calculated from a day in one month to a day numerically corresponding to that day in the following month, less one day;
"municipality" means, as applicable,
(a) the corporation into which the residents of an area are incorporated as a municipality under the Local Government Act, the Vancouver Charter or any other Act, or
(b) the geographic area of the municipal corporation;
"must" is to be construed as imperative;
"newspaper", in a provision requiring publication in a newspaper, means a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than a week, consisting in great part of news of current events of general interest;
"now" must be construed as referring to the time of commencement of the enactment containing the word;
"nurse practitioner" means a person who is authorized under the bylaws of the British Columbia College of Nurses and Midwives to practise nursing as a nurse practitioner and to use the title "nurse practitioner";
["oath", see "affidavit"]
"obligation" includes a duty and a liability;
"peace officer" includes
(a) a mayor, sheriff and sheriff's officer,
(b) a warden, correctional officer, and any other officer or permanent employee of a penitentiary, prison, correctional centre or youth custody centre, and
(c) a police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace;
"person" includes a corporation, partnership or party, and the personal or other legal representatives of a person to whom the context can apply according to law;
"personal representative" includes an executor of a will and an administrator with or without will annexed of an estate, and, if a personal representative is also a trustee of part or all of the estate, includes the personal representative and trustee;
"prescribed" means prescribed by regulation;
"proclamation" means a proclamation of the Lieutenant Governor under the Great Seal issued under an order of the Lieutenant Governor in Council;
"professional engineer", "civil engineer" or "mining engineer" or words implying recognition of any person as a professional engineer or member of the engineering profession means a person registered under the Professional Governance Act;
"property" includes any right, title, interest, estate or claim to or in property;
"Province" means the Province of British Columbia or Her Majesty in right of British Columbia as the context requires;
"province", when used as meaning a part of Canada, includes the Northwest Territories, Yukon and Nunavut;
"Provincial Court" means the Provincial Court of British Columbia;
"Provincial Treasurer" or "Treasurer" means the Minister of Finance and includes the Deputy Minister of Finance;
"Provincial Treasury" or "Treasury" means the Ministry of Finance constituted under the Financial Administration Act;
["Queen, the", see "Her Majesty"]
"Railway Belt" means the land on the mainland of British Columbia expressed to be granted to Canada by

section 2 of chapter 14 of the Statutes of British Columbia, 1884;
"record" includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by any means whether graphic, electronic, mechanical or otherwise;
"regional district" means a regional district as defined in the Local Government Act;
"registered mail" includes certified mail;
"registrar" of a court includes the clerk of the court;
"Registrar of Companies" means the person appointed to that office under the Business Corporations Act;
"Registrar of Titles" or "registrar" means the registrar of a land title district appointed to that office under the Land Title Act;
"right" includes a power, authority, privilege and licence;
"Rules of Court", when used in relation to a court, means rules made under
(a) the Court Rules Act, or
(b) any other enactment that empowers the making of rules governing practice and procedure in that court;
"rural area" means territory that is not in a municipality;
"savings institution" means
(c) an extraprovincial trust corporation authorized to carry on deposit business under the Financial Institutions Act, or
(d) a corporation that is a subsidiary of a bank and is a loan company to which the Trust and Loan Companies Act (Canada) applies;
"school district" means a school district as defined in the School Act;
"security" includes a security as defined in the Securities Act; [see also "sureties"]
"shall" is to be construed as imperative;
["solicitor", see "barrister"]
["Sovereign, the", see "Her Majesty"]
"Supreme Court" means the Supreme Court of British Columbia;
"sureties" means sufficient sureties, and "security" means sufficient security, and one person is sufficient for either unless otherwise expressly required;
"Surveyor General" or "Surveyor General of British Columbia" means the Surveyor General appointed under the Land Title and Survey Authority Act;
["swear", see "affidavit"]
["Treasurer", see "Provincial Treasurer"]
["Treasury", see "Provincial Treasury"]
"trust company" means
(a) a trust company authorized under the Financial Institutions Act to carry on trust business, or
(b) an extraprovincial trust corporation authorized under the Financial Institutions Act to carry on trust business, deposit business or both;
"will" means a will as defined in the Wills, Estates and Succession Act;
"words" includes figures, punctuation marks, and typographical, monetary and mathematical symbols;
"writing", "written", or a term of similar import includes words printed, typewritten, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in visible form;
"year" means any period of 12 consecutive months; but a reference to a "calendar year" means a period of 12 consecutive months beginning on January 1, and a reference by number to a dominical year means a period of 12 consecutive months beginning on January 1 of that dominical year;
"youth custody centre" means a youth custody centre as defined in the Youth Justice Act.

29.1 (1) Insofar as they can be applied, the following definitions apply in all enactments relating to treaty first nation matters:
"final agreement", except in references to the Nisg̱a'a Final Agreement, means a treaty and land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982
(a) among a first nation, the Province and Canada, and
(b) negotiated by those parties in a process facilitated by the British Columbia Treaty Commission referred to in

section 3 of the Treaty Commission Act,
which agreement is in effect, and, in relation to a specific treaty first nation, means the final agreement to which the treaty first nation is a party;
"settlement legislation" means an Act of the Province ratifying and giving the force of law to an agreement that, on coming into effect, will be a final agreement;
"tax treatment agreement" means a tax treatment agreement as defined in any settlement legislation;
"treaty first nation", as the context requires, means
(a) a first nation that is a party to a final agreement, or
(b) the government, as constituted under the final agreement and constitution, of such a first nation;
"treaty first nation child" means
(a) a treaty first nation constituent who has not reached the age of majority, or
(b) a treaty first nation member who has not reached the age of majority;
"treaty first nation constituent", in relation to a treaty first nation, means an individual who is a citizen of the treaty first nation under the laws of the treaty first nation;
"treaty first nation member", in relation to a treaty first nation, means an individual who is enrolled under the final agreement of the treaty first nation;
"treaty lands", in relation to a treaty first nation, has the prescribed meaning.

(3) The Lieutenant Governor in Council may make regulations, consistent with the final agreement of a treaty first nation, defining "treaty lands" for a treaty first nation. (4) A regulation under subsection (3) may define treaty lands by reference to provisions of a final agreement that permit additions to or subtractions from the treaty lands on the occurrence of events that are specified in those provisions and have not occurred as of the date the regulation is made. 29.2 (1) In an enactment, "Nisg̱a'a child", "Nisg̱a'a citizen", "Nisg̱a'a Government", "Nisg̱a'a Lands", "Nisg̱a'a laws", "Nisg̱a'a Lisims Government", "Nisg̱a'a Nation", "Nisg̱a'a Village" and "Nisg̱a'a Village Government" have the same meaning as in the Definitions Chapter of the Nisg̱a'a Final Agreement.

(2) In an enactment, "Nisg̱a'a Final Agreement" has the same meaning as in the Nisg̱a'a Final Agreement Act. 30 In an enactment, metric expressions and symbols have the meaning given to them in the Weights and Measures Act (Canada) and if not mentioned there, have the meaning given to them in the International System of Units established by the General Conference of Weights and Measures. 31 In an enactment, the name commonly applied to a country, place, body, corporation, society, officer, functionary, person, party or thing means the country, place, body, corporation, society, officer, functionary, person, party or thing to which the name is commonly applied, although the name is not the formal or extended designation of it.

"amended", in respect of a domestic enactment, includes
(a) the repeal and replacement of the domestic enactment with a domestic enactment in relation to the same subject matter, and
(b) the revision or consolidation of the domestic enactment;
"domestic enactment" means an Act or a regulation, or a portion of an Act or regulation, of British Columbia, Canada or another province of Canada;
"foreign enactment" means an Act or a regulation, or a portion of an Act or regulation, of a jurisdiction outside Canada. (2) If a domestic enactment is amended, a reference in an unrepealed enactment of British Columbia to the domestic enactment is to be construed, for a subsequent transaction, matter or thing, as a reference to the amended domestic enactment.

(3) Subsection (2) applies whether the domestic enactment is amended before, at the same time as or after the coming into force of the enactment of British Columbia in which the reference to the domestic enactment appears. (4) If a domestic enactment is repealed and not replaced with a domestic enactment in relation to the same subject matter, a reference in an unrepealed enactment of British Columbia to the domestic enactment is to be construed, for a subsequent transaction, matter or thing, as a reference to the repealed domestic enactment as it read immediately before its repeal.

(5) A reference in an enactment of British Columbia to a foreign enactment is to be construed as a reference to the foreign enactment as it read on the date the enactment of British Columbia containing the reference to that foreign enactment was enacted. 33 (1) A reference in an enactment to a series of numbers or letters by the first and last numbers or letters of the series includes the number or letter first and last mentioned. (2) A reference in an enactment to a Part, division, section, schedule, appendix, or form is a reference to a Part, division, section, schedule, appendix or form of the enactment in which the reference occurs.

(3) A reference in an enactment to a subsection, paragraph, subparagraph or clause is a reference to a subsection, paragraph, subparagraph or clause of the section, subsection, paragraph or subparagraph in which the reference occurs. (4) A reference in an enactment to regulations is a reference to regulations made under the enactment in which the reference occurs. (5) A reference in an enactment by number or letter to a section, subsection, paragraph, subparagraph, clause or other division or line of another enactment must be construed as a reference to the division or line of the other enactment as printed under the Queen's Printer Act.

(6) If an enactment refers to a matter "under" a named or unnamed Act, an Act in that reference includes regulations enacted under the authority of that Act. 34 An amending enactment must be construed as part of the enactment that it amends. 35 (1) If all or part of an enactment is repealed, the repeal does not
(a) revive an enactment or thing not in force or existing immediately before the time when the repeal takes effect,
(b) affect the previous operation of the enactment so repealed or anything done or suffered under it,
(c) affect a right or obligation acquired, accrued, accruing or incurred under the enactment so repealed,

section 36 (1) (d), affect an offence committed against or a contravention of the repealed enactment, or a penalty, forfeiture or punishment incurred under it, or
(e) affect an investigation, proceeding or remedy for the right, obligation, penalty, forfeiture or punishment. (2) Subject to

section 36 (1), an investigation, proceeding or remedy described in subsection (1) (e) may be instituted, continued or enforced and the penalty, forfeiture or punishment imposed as if the enactment had not been repealed.

36 (1) If an enactment (the "former enactment") is repealed and another enactment (the "new enactment") is substituted for it,
(a) every person acting under the former enactment must continue to act as if appointed or elected under the new enactment until another is appointed or elected in the person's place,
(b) every proceeding commenced under the former enactment must be continued under and in conformity with the new enactment so far as it may be done consistently with the new enactment,
(c) the procedure established by the new enactment must be followed as far as it can be adapted in the recovery or enforcement of penalties and forfeitures incurred under the former enactment, in the enforcement of rights existing or accruing under the former enactment, and in a proceeding relating to matters that happened before the repeal,
(d) when a penalty, forfeiture or punishment is reduced or mitigated by the new enactment, the penalty, forfeiture or punishment if imposed or adjusted after the repeal must be reduced or mitigated accordingly, and
(e) all regulations made under the former enactment remain in force and are deemed to have been made under the new enactment, insofar as they are not inconsistent with the new enactment, until they are repealed or others are made in their place.

37 (1) The repeal of all or part of an enactment, or the repeal of an enactment and the substitution for it of another enactment, or the amendment of an enactment must not be construed to be or to involve either a declaration that the enactment was or was considered by the Legislature or other body or person who enacted it to have been previously in force, or a declaration about the previous state of the law.

(2) The amendment of an enactment must not be construed to be or to involve a declaration that the law under the enactment prior to the amendment was or was considered by the Legislature or other body or person who enacted it to have been different from the law under the enactment as amended. (3) An amendment, consolidation, re-enactment or revision of an enactment must not be construed to be or to involve an adoption of the construction that has by judicial decision or otherwise been placed on the language used in the enactment or on similar language.

38 If an enactment provides that notice must or may be given by publication in a newspaper published in a particular municipality, district, county, jurisdiction or other place, the provision must be construed to mean that the notice may be sufficiently given, if no newspaper is published at the time when the notice is to be given in the particular place, by publishing or advertising the notice in a newspaper published in British Columbia, nearest to the place mentioned. 39 The definitions section of the Supreme Court Act, so far as the terms defined can be applied, extends to all enactments relating to legal proceedings.

40 (1) So far as the terms defined can be applied, the definitions established by or applicable under the following apply to all enactments relating to municipal and regional district matters:
(a) the Schedule to the Community Charter;
(b)

section 1 of the Schedule to the Local Government Act. (2) As an exception, subsection (1) does not apply in relation to the definition of "municipality" in the Community Charter.

41 (1) If an enactment provides that the Lieutenant Governor in Council or any other person may make regulations, the enactment must be construed as empowering the Lieutenant Governor in Council or that other person, for the purpose of carrying out the enactment according to its intent, to
(a) make regulations as are considered necessary and advisable, are ancillary to it, and are not inconsistent with it,
(b) provide for administrative and procedural matters for which no express, or only partial, provision has been made,
(c) limit the application of a regulation in time or place or both,
(d) prescribe the amount of a fee authorized by the enactment,
(e) provide, for a regulation made by or with the approval of the Lieutenant Governor in Council, that its contravention constitutes an offence, and
(f) provide that a person who is guilty of an offence created under paragraph (e) is liable to a penalty not greater than the penalties provided in the Offence Act.

(2) A regulation made under the authority of an enactment has the force of law. 42 (1) A section is divided into subdivisions known in descending order as subsections, paragraphs, subparagraphs and clauses. (2) In an enactment enacted before July 1, 1974
(a) a reference to a clause is deemed to be a reference to a paragraph,
(b) a reference to a paragraph is deemed to be a reference to a subparagraph, and
(c) a reference to a subparagraph is deemed to be a reference to a clause.

43 An Act may be cited as follows:
(a) by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted;
(b) by reference to its title, with or without reference to its chapter number;
(c) in the case of an Act that is a revised statute included in a general revision, by reference to its chapter number in the Revised Statutes of British Columbia;
(d) in the case of an Act that is a limited revision, by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted and as a Revised Statute of British Columbia for that year.

44 If an enactment provides that another enactment applies, it applies with the necessary changes and so far as it is applicable. Commencing at Boundary Point No.

7 (formerly known as Point "D"), being a monument set by survey upon the ground on the International Boundary between Canada and Alaska; thence in a straight line to the nearest point on the westerly boundary of the watershed of Bear River; thence northerly along said westerly boundary to the point of junction thereof with the westerly boundary of the watershed of Nass River; thence northerly, easterly and southerly along the westerly boundary of the watershed of Nass River to the point thereon which lies due West of the northwest corner of Lot 1704, Cassiar Land District; thence East to said corner; thence easterly along the northerly boundary of said lot to the most westerly northwest corner of former Aiyansh (Kitladamas) Indian Reserve No.

1; thence southerly along the westerly boundary of former Aiyansh (Kitladamas) Indian Reserve No.

1 to the most southerly corner thereof, being a point on the right bank of Nass River; thence due South to intersect the left bank of said river; thence easterly along the left bank of Nass River to the northwest corner of Lot 4827, Cassiar Land District; thence southerly along the westerly boundary of Lot 4827 to the southwest corner thereof; thence due South to the westerly boundary of the watershed of Tseax River; thence in a general southerly direction along said westerly boundary and continuing in a general southerly and easterly direction along the westerly and southerly boundaries of the watershed of Kitsumkalum River to the southerly boundary of the watershed of Alice Creek, a tributary of said Kitsumkalum River; thence easterly along said southerly boundary to the point thereon which lies due West of the northwest corner of Lot 1410, Range 5, Coast Land District; thence East to said corner; thence southerly and easterly along the westerly and southerly boundaries of said lot to the southeast corner thereof; thence southerly along the westerly boundary of Lot 1409 to the southwest corner thereof; thence easterly along the southerly boundary of said lot to the point thereon which lies due North of the more northerly northeast corner of Lot 701; thence South to said corner; thence southerly along the easterly boundary of said lot to the re-entrant angle thereof; thence easterly along the northerly boundary of said lot produced to the westerly boundary of Kitsumkaylum Indian Reserve No.

1; thence southerly along said boundary of said Indian reserve produced to the middle line of Skeena River; thence southwesterly along said middle line to a point due West of the left bank of Hellsgate Slough; thence East to said left bank and continuing easterly along the left bank of Hellsgate Slough and that of Skeena River to the northwest corner of Lot 373; thence easterly and southerly along the northerly and easterly boundaries of said lot to the southeast corner thereof; thence easterly along the northerly boundaries of Lots 1429 and 1051 to the northeast corner of Lot 1051 — all the above-mentioned lots, beginning with Lot 1410, being in Range 5, Coast Land District; thence due East to the southwesterly boundary of the watershed of Zymoetz River; thence in a general southeasterly direction along said southwesterly boundary and the easterly boundaries of the watersheds of Kitimat, Kildala, Kemano, Tsaytis, Kitlope and Kimsquit Rivers to the northerly boundary of the watershed of Dean River; thence easterly along said northerly boundary to the easterly boundary of the watershed of Sakumtha River; thence southerly along said easterly boundary and that of the watershed of Bernhardt Creek to the southerly boundary of the watershed of the streams flowing into Sigutlat Lake; thence easterly along said southerly boundary to the point thereon which lies due North of the northerly extremity of the westerly boundary of the watershed of Takia River; thence South to said northerly extremity; thence southerly along said watershed boundary to the southerly boundary of the watershed of Dean River; thence in a general southeasterly direction along said southerly boundary and the northerly boundary of the watershed of Klinaklini River to the easterly boundary of this said watershed; thence southeasterly along said easterly boundary and the northerly boundary of the watershed of Homathko River to the point thereon which lies due North of the northeast corner of Lot 333, Range 2, Coast Land District; thence South to said corner; thence southerly along the easterly boundaries of said Lot 333 and Lot 334 of said Range 2 to the southeast corner of Lot 334; thence westerly along the southerly boundary of said lot to the southwest corner thereof; thence due South to the westerly boundary of the watershed of Chilko River; thence southerly and southeasterly along said boundary and the southwesterly boundary of the watershed of Bridge River to the northerly boundary of the watershed of Birkenhead River; thence easterly and southerly along the northerly and easterly boundaries of the watershed of Birkenhead River to a point due North of the northeast corner of Lot 742, Lillooet District; thence South to the said northeast corner; thence southerly along the easterly boundary of Lot 742 to the southeast corner thereof; thence due South to the northerly boundary of Lot 969, Lillooet District; thence southeasterly, southerly, and westerly along the northerly, easterly and southerly boundaries of said lot to the intersection of said southerly boundary with the easterly boundary of the watershed of the Birkenhead River; thence southwesterly along said boundary to its intersection with the northerly boundary of Lot 1251, Lillooet Land District; thence westerly, southerly and easterly along the northerly, westerly and southerly boundaries of said lot to the southwest corner of Lot 5146; thence due South to the easterly boundary of the watershed of Birkenhead River; thence southeasterly along said boundary and the easterly boundary of the watershed of Lillooet Lake, Lillooet River, and Harrison Lake to the easterly boundary of the watershed of Garnet Creek; thence southerly along said boundary and the westerly and southerly boundaries of the watershed of American Creek to its intersection with the westerly boundary of Township 5, Range 26, West of the sixth meridian; thence southerly along said boundary and the westerly boundaries of Townships 4 and 3, Range 26, West of the sixth meridian, to the southwest corner of Township 3; thence due South to the northerly boundary of the watershed of Chilliwack River; thence in a general southeasterly direction along the northerly and easterly boundaries of the watershed of Chilliwack River to the southerly boundary of the Province.

section 1.1, means land, whether or not it is covered by water, or an interest in land, vested in the government;
"director" means a person employed under the Public Service Act and designated by the minister as a director for the purposes of this Act;
"disposition" means the act of disposal or an instrument by which the act of disposal is effected or evidenced, or by which an interest in Crown land is disposed of or effected, or by which the government divests itself of or creates an interest in Crown land;
"fossil" means fossil as defined by regulation of the Lieutenant Governor in Council;
"interest" in reference to land includes a right or estate in that land;
"land district" means a portion of British Columbia that is a land district under

section 2;
"land recording district" means a portion of British Columbia that is a land recording district under

section 3;
"natural boundary" means the visible high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself;
"public road" means a portion of Crown land designated or indicated as a road on a plan of survey made under this Act, whether or not a road is constructed, and includes a road allowance or walkway allowance established under

"registrar" means the registrar under the Land Title Act;
"registry", except in Part 1.1, means the Crown land registry continued under

section 7;
"reserved land" means Crown land that has been withdrawn from disposition under this or any other Act;
"right of way" means a statutory right of way as defined in the Land Title Act;
"surveyed land" means land the survey of which is accepted and confirmed by the signature of the Surveyor General on a plan made under this Act;
"Surveyor General" means the Surveyor General of British Columbia. 1.1 A reference in a provision of this Act to Crown land does not include land referred to in

section 6 (1) of the Public Agency Accommodation Act unless that provision of this Act is expressly made applicable to that land under section 6 (2) or (3) of the Public Agency Accommodation Act. Part 1 — Land Districts and Land Recording Districts
2 The Lieutenant Governor in Council may, by regulation,
(a) constitute a part of British Columbia as a land district, and
(b) amend or cancel a land district whether constituted under this or a former Act. 3 The Lieutenant Governor in Council may, by regulation,
(a) constitute a part of British Columbia as a land recording district, and
(b) amend or cancel a land recording district whether constituted under this or a former Act.

4 The minister has the administration of all Crown land except land specifically under the administration of another minister, branch or agency of government. 6 (1) The minister is responsible for and may undertake, commission, coordinate and set standards for base mapping and land related information systems in British Columbia and for related remote sensing and survey control functions. (2) The minister may distribute to any person a copy of any map, air photo or land related information made or obtained under subsection (1). (3) The minister may make regulations prescribing fees for the purposes of subsection (2) of this section,

section 7.1 (4) of the Park Act and section 3 (4) of the Protected Areas of British Columbia Act. 7 (1) The Crown land registry is continued to record all lands administered by the government, and to record the acquisition and disposition of those lands, for the purpose of maintaining an inventory of Crown land. (2) The minister is responsible for the security and maintenance of the registry. (3) The registry is to be open to any person during regular business hours for the examination and inspection of the records of the registry. (4) Every ministry of the government must record in the registry all Crown lands under its administration, and the acquisition in fee simple and disposition of those lands, in a manner acceptable to the minister.

(4.1) If the final agreement of a treaty first nation requires that survey plans of treaty lands be filed in the registry, the Surveyor General must file a copy of a final plan to which the requirement applies in the registry, whether or not the treaty lands include or consist of former federal Crown land.

(5) Subsection (4) does not apply to the following:
(a) a public road or highway established under this Act, the Highway Act, the Transportation Act, the Community Charter or the Local Government Act;
(b) a forest service road established under the Forest Act;
(c) an agreement to harvest Crown timber under the Forest Act;
(d) a grazing or hay cutting licence or permit under the Range Act;
(e) lands dedicated, transferred or vested in the government under

section 107 (1) or 108 (2) of the Land Title Act. (6) No action may be brought by any person against the government for loss or damage caused by reliance on the records of the registry by that person for any reason or purpose including, without limitation, reliance for the purpose of establishing priorities of interest or reliance on the completeness of the records. Part 1.1 — Integrated Land and Resource Registry
7.1 In this Part:
"integrated registry" means the Integrated Land and Resource Registry referred to in

section 7.2 (1);
"tenure" means
(a) any interest in Crown land that is granted or otherwise established under a prescribed instrument, or
(b) a prescribed designation or other status that, under an enactment, is given to, conferred on, or made or otherwise established in relation to Crown land;
, in relation to a tenure, means a prescribed person. 7.2 (1) The minister must maintain the electronic database known as the Integrated Land and Resource Registry established by the ministry of the minister. (2) A tenure authority must submit prescribed information in respect of a tenure to the integrated registry
(a) in the form and manner and within the time period required by the minister, and
(b) in accordance with the standards established by the minister.

(3) The minister may include in the integrated registry information other than information submitted under subsection (2) to the integrated registry. (4) For the purpose of facilitating the identification of information in the integrated registry, the minister may
(a) assign a unique number to identify information submitted to or included in the integrated registry, and
(b) include in a record of information in the integrated registry the unique number assigned to that information. (5) The minister may delete or correct information in the integrated registry. 7.3 The inclusion of information in the integrated registry does not constitute
(a) express, constructive or implied notice of the information to any person, or
(b) express, constructive or implied knowledge of the information on the part of any person.

7.4 (1) Subject to this section, the minister must make information in the integrated registry accessible to the public by electronic means and on conditions satisfactory to the minister. (2) The minister may suspend one or more of the services provided in relation to the integrated registry if the minister is satisfied that circumstances are such that it is not practicable to provide those services. (3) The minister may restrict access to designated information in the integrated registry. (4) For the purposes of subsection (3), the minister may do one or more of the following:
(a) designate information in the integrated registry;
(b) define classes of persons or designated information;
(c) make different restrictions for different classes of persons or designated information.

7.5 (1) No legal proceeding for damages lies or may be commenced or maintained against the government, the minister or an individual acting on behalf of or under the direction of the minister
(a) because of anything done or omitted
(i) in the performance or intended performance of any duty under this Part, or
(ii) in the exercise or intended exercise of any power under this Part, or
(b) for loss or damage caused by reliance on the information in the integrated registry for any reason or purpose including, without limitation, reliance for the purpose of establishing priorities of interest or reliance on the completeness of the information in the integrated registry.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith. 7.7

Section 5 of the Offence Act does not apply to this Part or the regulations made under this Part. 7.8 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing instruments for the purposes of the definition of "tenure";
(b) prescribing designations or other statuses for the purposes of the definition of "tenure";
(c) prescribing persons in relation to a tenure for the purposes of the definition of "tenure authority";
(d) prescribing information that must be submitted to the integrated registry in respect of a tenure. (2) In making regulations under this Part, the Lieutenant Governor in Council may
(a) define classes of persons or things, and
(b) make different regulations for different classes of persons or things.

Part 2 — Disposition of Crown Land — General
8 (1) A person may not acquire by prescription, occupation not lawfully authorized or a colour of right, an interest in Crown land, or in any land as against the government's interest in it. (2) A person does not acquire a right, vested or contingent, in Crown land, or a priority to Crown land by filing an application for Crown land under this Act. (3) A disposition of Crown land is not binding on the government until the certificate of purchase, grant, lease, licence of occupation, right of way or easement is executed by the government under this Act.

(4) Negotiations or arrangements, whether in writing or otherwise, before the execution of the documents referred to in subsection (3) are not binding on and do not commit the government to perform or complete a disposition. 9 A person who is not a Canadian citizen or permanent resident of Canada is not entitled to a Crown grant unless the person's application for a disposition of Crown land was allowed before May 1, 1970. 10 (1) Subject to compliance with this Act and the regulations, a person of age 19 or over or a corporation or other association may apply for Crown land. (2) Nothing in this Act obliges the government to consider an application for Crown land, or to dispose of Crown land on an application.

(3) Despite subsection (1), the minister may refuse to receive an application for Crown land if
(a) the application is incomplete,
(b) the land is reserved from disposition under

section 16, or
(d) the Crown land is the subject of a minister's order under

section 10.1. 10.1 (1) The minister may, by order, specify that no application for Crown land may be made in respect of one or more of the following:
(2) An order made under subsection (1) must be published by the minister for the term of the order on a publicly accessible website maintained by or on behalf of the minister. (3) An order made under subsection (1) does not apply to an application that was received by the minister prior to the making of the order.

11 (1) Subject to compliance with this Act and the regulations, the minister may dispose of surveyed or unsurveyed Crown land by any of the following means, as the minister considers advisable in the public interest, to a person entitled under this Act:
(e) public request for proposals;
(f) listing with a brokerage licensed under the Real Estate Services Act;
(2) The minister may, under subsection (1),
(c) grant a right of way or easement over Crown land,
(d) grant a licence to occupy Crown land, or
(e) transfer ownership of fossils located on Crown land, grant the right to remove fossils from Crown land, or both, if done in accordance with

section 50 (3.1). (3) In a disposition of Crown land under this section, the minister may impose the terms, covenants, stipulations and reservations the minister considers advisable, and without limiting those powers, the minister may impose some or all of the following terms:
(a) the applicant must personally occupy and reside on the Crown land for a period set by the minister;
(b) the applicant must do that work and spend that money for permanent improvement of the Crown land within that period the minister requires;
(c) the consideration that must be paid for a disposition of Crown land. (4) Subsection (3) does not apply to a disposition under

12 (1) If, under Part 8 of the Land Title Act, a petitioner establishes to the satisfaction of the minister that
(a) the registrar has made an order under Part 8 of the Land Title Act cancelling all or part of the areas that were dedicated by the deposit of a plan in the land title office, and
(b) none of the dedicated areas cancelled by the order are required by the government or are otherwise reserved from disposition,
the minister, on application by the petitioner, on terms the minister considers appropriate and on payment of the prescribed fees, may make a fee simple grant to the petitioner of all or part of a cancelled dedicated area on payment of consideration determined by the minister.

(2) An application under this section must be accompanied by a certified copy of the order of the registrar made under Part 8 of the Land Title Act. (3) This section does not apply to land in respect of which the registrar has made a vesting order under

13 (1) In a disposition of Crown land under this or a former Act in which a portion of the land is designated as a road in the instrument evidencing the disposition or in a map or plan attached to it, unless there is express provision in the instrument to the contrary, the road is deemed to be,
(a) in the case of a disposition made before January 3, 1977, 20.1168 m in width, being 10.0584 m on each side of the centre line of the travelled portion of the road, and
(b) in the case of a disposition made after January 2, 1977, 20 m in width, being 10 m on each side of the centre line of the travelled portion of the road.

(2) No part of the road referred to in subsection (1) passes to any person under the instrument. 15 (1) In this section and

section 16, "government body" means the Provincial government, a government corporation as defined in paragraphs (b) and (c) of the definition of "government corporation" in the Financial Administration Act, the federal government or a prescribed organization. (2) The Lieutenant Governor in Council may, by order, reserve Crown land from disposition under this Act for any purpose that the Lieutenant Governor in Council considers advisable in the public interest, including for the use of a government body. (3) An order under subsection (2) may authorize a government body to place, construct, maintain or operate any works, structures or other improvements on the reserved land. (4) An order under subsection (2) may be subject to any terms and conditions the Lieutenant Governor in Council considers necessary or advisable.

(5) The Lieutenant Governor in Council may amend or cancel all or part of a reserve established under this or a former Act. (6) An order under subsection (2) does not prevent the minister from issuing to an applicant a licence to occupy the Crown land reserved by the order for any of the following:
(a) a period not longer than 2 years to conduct appraisals, inspections, analyses, inventories, surveys or other investigations of the land or of its natural resources;
(b) a period not longer than 2 years for any purpose authorized under this Act;
(c) construction of a road, non-commercial airstrip, bridge or trail over the land.

16 (1) The minister may temporarily withdraw Crown land from disposition under this Act for any purpose the minister considers advisable in the public interest, including for the use of a government body. (2) The minister may authorize a government body to place, construct, maintain or operate any works, structures or other improvements on the land withdrawn under subsection (1). (3) The minister may impose any terms and conditions the minister considers necessary or advisable on the use of land temporarily withdrawn under subsection (1). (4) The minister may amend or cancel a withdrawal under subsection (1).

17 (1) The minister may, if the minister considers it advisable in the public interest, designate a portion of Crown land for a particular use or for the conservation of natural or heritage resources. (1.1) The minister may impose any terms and conditions the minister considers necessary or advisable on the use of land designated under subsection (1). (2) A portion of Crown land designated under subsection (1) is withdrawn from disposition under this Act for any purpose that is not, in the opinion of the minister, compatible with the purpose for which the land has been designated. (3) The minister may amend or cancel a designation made under subsection (1).

18 (1) Except by order of the Lieutenant Governor in Council, on the terms the Lieutenant Governor in Council may specify, unfilled Crown land below the natural boundary of a body of water must not be disposed of by Crown grant under this Act. (2) Except by order of the minister, on the terms the minister may specify, filled Crown land below the natural boundary of a body of water must not be disposed of by Crown grant under this Act.

19 Except by order of the minister, on the terms the minister may specify, Crown land must not be disposed of by Crown grant under this Act if the minister believes it is suitable for mining, quarrying, digging or removal of building or construction materials, including, without limitation,
(a) earth, soil, peat, marl, sand and gravel,
(b) rock and natural substances that are used for a construction purpose on land that is not within a mineral title or group of mineral titles from which the rock or natural substance is mined, and
(c) rock or a natural substance prescribed under

section 2 (2) of the Mineral Tenure Act. 20 (1) Unless the applicant has first obtained a Crown grant to land covered by a prior certificate of purchase in the applicant's name, Crown land of an area greater than 520 ha must not be disposed of by Crown grant under this Act at any one time to any one applicant. (2) Despite subsection (1), the minister may dispose of an area greater than 520 ha, by Crown grant, for commercial, industrial, railway or airport purposes. 21 (1) Crown land of an area greater than 520 ha must not be disposed of by lease under this Act to any one applicant.

(2) Despite subsection (1), the minister may dispose of, by lease, an area greater than 520 ha for grazing, commercial, industrial, railway, airport or watershed purposes. 22 Except with the prior approval of the minister, Crown land must not be leased under this Act for a term longer than 60 years. 23 Unless, in the opinion of the minister, Crown land is required for agricultural settlement and development or other higher economic use, Crown land that is suitable for the production of timber and pulpwood must not be disposed of by Crown grant under this Act. 24 A disposition of Crown land under this Act may provide for payment to the government of the value of the timber or a royalty on the timber on that land.

section 11, the minister may, despite section 48, if the unpaid balance of the purchase price has been secured to the minister's satisfaction, issue a Crown grant before the full purchase price has been paid. 26 (1) Unless the minister orders otherwise in a particular case, if payment for Crown land is deferred, interest is to be charged at a prescribed rate on the outstanding balance from the date of the disposition. (2) If money payable for a lease, right of way, easement, licence of occupation or royalty is not paid on the due date, interest may be charged at a prescribed rate on the unpaid sum from the date due.

(3) If payment of money for a survey carried out by or for the Surveyor General for a disposition of Crown land is deferred, interest on the deferred sum may be charged at a prescribed rate. 27 Unless otherwise expressly provided in the certificate of purchase, the right of a purchaser under a certificate of purchase is, from the date of the certificate, subject to all of the following:
(a) the terms, covenants, stipulations, reservations and exemptions contained in this Act, the regulations or in the Crown grant;
(c) the reservations, exceptions and rights of way endorsed at the minister's direction on the certificate.

28 Leases or other dispositions granted for mining, quarrying, digging or removal of building or construction materials, including without limitation

section 2 (2) of the Mineral Tenure Act,
may provide for payment of a royalty for material removed from the land at rates to be determined by the minister. 29 A disposition may provide for payment by the applicant of the cost of a survey of the land by or for the Surveyor General.

30 Subject to sections 20 and 21, on an application for a disposition, the minister may
(a) reduce or extend the area applied for or the length of the boundary lines of the area, or
31 (1) Subject to the terms, reservations and restrictions the Lieutenant Governor in Council considers advisable, the Lieutenant Governor in Council may transfer the administration, control and benefit of Crown land to the government of Canada either in perpetuity or for a specified period, and with or without consideration. (2) Except to the extent that it so provides, a transfer under subsection (1) is not subject to

section 50. Part 3 — Application Procedure for Disposition of Crown Land
32 (1) An application for disposition by purchase, lease, licence of occupation, easement or right of way must be
(a) made to the minister in the form specified by the minister, and
(b) accompanied by the application fee and the information required by the minister. (2) If the application complies with this Act and the regulations and has been accepted, the minister must publish the application on a publicly accessible website maintained by or on behalf of the minister.

(3) If the land is unsurveyed or if no evidence of survey is available, the applicant must
(a) before making the application, fix securely in the ground, at one corner of the land to be applied for, a squared post or squared tree, at least 1 m above the ground level, and securely attach to the post or tree a written notice in the form specified by the minister of the applicant's intention to make an application for a disposition of the land described in the notice, and
(b) with the application, provide the proof of the posting of the notice as required by the minister. (3.1) The minister may waive compliance with subsection (3).

(4) Subsection (3) does not apply to
33 (1) If the minister considers it advisable in the public interest, the minister may require the applicant to publish a notice of the applicant's application. (a) be headed "Land Act: Notice of Application for a Disposition of Crown Land",
(b) state the land recording district and location of the land,
(c) state the applicant's address,
(d) state the purpose for which the land is required, and
(f) give notice that the named applicant has applied for specific land or land described in relation to the post, of a named area, more or less.

(3) The applicant must publish the notice in the Gazette or a newspaper circulating in the land recording district where the land is located, or in both, for the number of issues and within the period required by the minister. (4) The applicant must provide proof of publication of the notice. 33.1 (1) Before a disposition is made, a person may provide comments to the minister on the application for disposition. (2) In the case of a disposition in relation to which the minister has required publication of a notice of the application in accordance with

section 33 (1), the minister must accept comments for no less than 14 days after the notice is first published under section 33 (3). (3) Failure to provide an opportunity to comment in accordance with this section, and including, without limitation, failure to publish an application in accordance with

section 32 (2) does not render a disposition invalid. 34 (1) A person who is eligible to hold a disposition under this Act, but is a minor, may hold and assign the land as if the person were of full age. (2) A person who is a minor and who holds a certificate of purchase, lease, licence of occupation, right of way or easement of Crown land may hold and assign it as if the person were of full age. 35 (1) The minister may require an applicant to obtain and file with the minister, at the applicant's expense, feasibility studies, environmental assessments, timber cruises, land valuation appraisals, or other information about the application required by the minister. (2) If an application is made under

section 32 or 40, or notice is given of an intention to make the application, the minister may estimate the cost
(a) to assess the impact of making the disposition, or
(b) to monitor compliance with terms to which the disposition would be subject if made. (3) The minister may require the applicant or proposed applicant to pay to the Minister of Finance all or part of the anticipated cost before the notice is acted on, the application considered or the disposition made. 36 (1) The minister may require an applicant to deposit with the Minister of Finance a bond or other security for the performance and completion by the applicant of all the obligations and requirements specified by the minister.

(2) The security must be payable to the Minister of Finance for the amount and containing the terms required by the minister. 37 (1) The minister may require an applicant to provide proof, by signed statement or otherwise, with respect to a matter arising out of the application or with respect to the applicant's financial affairs. (2) A person who does any of the following commits an offence:
(a) knowingly provides information that is false or misleading with respect to a material fact contained in a signed statement under this section;
(b) produces or relies upon a signed statement given by another person under this section while knowing the signed statement to be false or misleading with respect to a material fact contained in that signed statement.

38 The minister may issue a lease of Crown land subject to the terms and reservations the minister considers advisable, including an option to purchase the land. 39 The minister may issue a licence to occupy and use Crown land, called a "licence of occupation", subject to the terms and reservations the minister considers advisable. 40 (1) The minister may, subject to terms and conditions the minister considers advisable,
(a) grant or otherwise create a right of way or easement over Crown land, and
(b) grant or otherwise create over Crown land, the title to which is not registered under the Land Title Act, an easement without a dominant tenement for any purpose necessary for the operation and maintenance of the grantee's undertaking, including a right to flood.

(2) An easement of the kind described in subsection (1) (b)
(b) ceases to exist over land forming all or part of its servient tenement the title to which becomes registered under the Land Title Act, but continues over any part of its servient tenement the title to which remains unregistered. (4) An easement or right of way granted before or after May 1, 1970 may be continued or renewed by the minister for the period the minister believes proper, despite this Act or the Land Title Act, and even if the servient tenement has ceased to be Crown land. (5) To the extent necessary to give effect to this section, the rule requiring an easement to have a dominant and a servient tenement is abrogated.

(6) In respect of easements other than rights of way
(a) this section is retroactive in its application and applies to all easements over Crown land whenever created, and
(b) the government is deemed always to have been able to create easements by grant or otherwise. 41 If an application for a disposition of unsurveyed Crown land has been approved subject to completion of a satisfactory survey, the minister may disallow the application if the survey is not completed in the time required by the minister or as extended by the Surveyor General. 42 (1) Unless otherwise specified by the minister, the date of a disposition under this Act is the date on which the instrument creating the disposition is executed on behalf of the government.

Part 4 — Disposition of Crown Land — Cancellation, Amendment and Abandonment
43 (1) If a person who holds a disposition of Crown land
(a) defaults in payment of money due to the government, or
(b) fails or neglects to observe or perform a covenant, stipulation or term required by the minister, or set out in the disposition,
the minister may send a notice by registered mail, addressed to the person at the person's last known address, requiring the person to pay the money due or to comply with the covenant, stipulation or term within 60 days after the notice is mailed. (2) If the default, failure or neglect continues after the 60 day period, the minister may cancel the disposition.

(3) If the minister cancels a disposition under this section
(a) the interest in the Crown land of the holder of the disposition and of all persons claiming through the holder is forfeited and at an end,
(b) improvements to the land become government property, and
(c) money paid for the disposition is forfeited to the government. (4) If the disposition is in respect of a right of way or easement, the minister may extend the time to pay or comply up to 2 years after the notice is mailed. (5) If a disposition, registered in a land title office, is cancelled, the minister may, by a certificate signed and sealed by the minister and setting out the reason for the cancellation, require the registrar to cancel registration.

(6) The certificate referred to in subsection (5) is the authority for the registrar of the land title office to cancel the registration.

44 (1) If the minister considers it advisable, the minister may, for an approved application or a disposition, amend or correct the approval or disposition, disallow the application or cancel the disposition, or make those changes and adjustments in the approval or disposition the minister considers advisable, if the minister finds any of the following:
(a) a clerical error in the names or description of the applicant, the description of the Crown land, or any other material part of the approval or disposition;
(b) that the Crown land is not available for disposition;
(c) that the survey is incorrect;
(d) that information provided by the applicant is incorrect.

(2) If the minister disallows an application or cancels a disposition under this section, the minister may
(a) repay to the applicant all or part of the money paid on the application or disposition,
(b) repay to the applicant the applicant's survey costs, and
(c) pay to the applicant that compensation the minister considers advisable. (3) If a cancelled or amended disposition is registered in a land title office, the minister may, by a certificate signed and sealed by the minister and setting out the reason for the cancellation or amendment, require the registrar to cancel or amend the registration. (4) The minister's certificate referred to in subsection (3) is authority for the registrar to cancel or amend the registration.

45 (1) A person holding a disposition of Crown land may abandon and terminate a disposition by notifying the minister in writing. (2) All improvements on the land and all money paid on account are absolutely forfeited to and become the property of the government on abandonment and termination of a disposition under subsection (1). 46 (1) Despite the cancellation or abandonment, unless the minister otherwise directs, the holder of a disposition that is cancelled or abandoned must pay all money and observe and perform all covenants, stipulations and terms of the disposition. (2) Money remaining due to the government on a disposition is recoverable by the Minister of Finance as a debt due to the government.

47 The minister may, in the minister's discretion, withhold from disposition, for a period of not longer than one year, Crown land in a cancelled or abandoned disposition. 48 (1) A Crown grant must issue in the name of an applicant for a disposition by purchase, subject to this Act, the regulations and the applicable terms, covenants and stipulations of any certificate of purchase, if the applicant pays the prescribed Crown grant fee and
(a) pays to the Minister of Finance the full purchase price, interest and all other money required to be paid for the disposition, and
(b) complies with the covenants, conditions and stipulations of the disposition.

(2) If an applicant dies and the conditions in subsection (1) are complied with, a Crown grant must issue to the personal representative of the deceased applicant. 49 (1) A disposition of Crown land in fee simple may be in a form specified by the minister. (2) The minister may, in a form specified by the minister, issue a supplementary grant of the timber to the registered owner of the land if
(a) in a grant of Crown land, timber is reserved to the government, and
(b) the reserved timber is not held by any other person under licence, lease, permit, sale or other instrument from the government.

(3) A supplementary Crown grant is not to be issued under subsection (2) unless
(a) the minister considers it advisable, and
(b) the minister ascertains that the stumpage value of the timber is fully paid to the government.

(i) a right in the government, or any person acting for it, to resume any part of the land that is deemed to be necessary by the government for making roads, canals, bridges or other public works, but not more than 1/20 part of the whole of the land, and no resumption may be made of any land on which a building has been erected, or that may be in use as a garden or otherwise;
(ii) a right in the government, or any person acting for it or under its authority, to enter any part of the land, and to raise and get out of it any geothermal resources, fossils, minerals, whether precious or base, as defined in

section 1 of the Mineral Tenure Act, coal, petroleum and any gas or gases, that may be found in, on or under the land, and to use and enjoy any and every part of the land, and its easements and privileges, for the purpose of the raising and getting, and every other purpose connected with them, paying reasonable compensation for the raising, getting and use;
(iii) a right in any person authorized by the government to take and occupy water privileges and to have and enjoy the rights of carrying water over, through or under any part of the land granted, as may be reasonably required for mining or agricultural purposes in the vicinity of the land, paying a reasonable compensation to the grantee, the grantee's successors and assigns;
(iv) a right in any person authorized by the government to take from any part of the land granted, without compensation, gravel, sand, stone, lime, timber or other material that may be required in the construction, maintenance or repair of a road, ferry, bridge or other public work,
(b) conveys no right, title or interest to
(i) geothermal resources as defined in the Geothermal Resources Act,
(ii) minerals and placer minerals as defined in the Mineral Tenure Act,
(iv) petroleum as defined in the Petroleum and Natural Gas Act,
that may be found in or under the land, and
(c) conveys no right, interest or estate to highways, within the meaning of the Transportation Act, existing over or through the land at the date of the disposition.

(2) Subsection (1) applies whether or not express words are used in the disposition, but is subject to subsections (3), (3.1) and (3.2). (3) A disposition of Crown land under another Act that expressly authorizes the disposition on terms different from those referred to in subsection (1) may be made on those terms, and in that case the disposition must refer to the Act that authorizes the different terms and state the terms on which the disposition is made. (3.1) A disposition referred to in

section 11 (2) (e) may be made, if express words are used in the disposition. (3.2) If a final agreement of a treaty first nation provides for the addition to the treaty lands of the treaty first nation, a disposition of Crown land for the purpose of adding to those treaty lands may be made on terms different from those referred to in subsection (1), and in that case the disposition must refer to the final agreement and state the terms on which the disposition is made. (4) A disposition of Crown land may, by express words, except or reserve to the government rights and privileges more extensive than those referred to in subsection (1). (5) For all purposes, including

section 23 of the Land Title Act, every disposition of Crown land is conclusively deemed to contain express words making the exceptions and reservations referred to in subsection (1) of this section, except to the extent that the disposition is made on different terms under subsection (3), (3.1) or (3.2). (6) The power under subsection (4) to except and reserve rights and privileges includes a power to create a right of way, and if this is done
(a) the government is, with respect to the right of way, a grantee,
(b) the right of way is conclusively deemed to be necessary for the operation and maintenance of the government's undertaking, and
(c)

section 218 of the Land Title Act applies. 51 (1) Despite any other provision of this Act, Crown land may, with the approval of the Lieutenant Governor in Council and subject to the terms, reservations and restrictions that the Lieutenant Governor in Council considers advisable, be disposed of by Crown grant under this Act, free or otherwise, to a government corporation, municipality, regional district, hospital board, university, college, board of education, francophone education authority as defined in the School Act or other government related body or to the South Coast British Columbia Transportation Authority continued under the South Coast British Columbia Transportation Authority Act or any of its subsidiaries. (2) A disposition under subsection (1) may be limited to a specific public purpose.

52 (1) If the minister finds that a term, covenant, stipulation, reservation or exemption in a Crown grant issued under this or a former Act, other than one contained in the forms prescribed by the Act under which the Crown grant was issued, has been included in error or is no longer required in the public interest, the minister may declare the Crown grant to be void and of no effect or may amend or replace it. (2) A certified copy of the declaration made under subsection (1) may be filed with the registrar of the land title district.

(3) The registrar must attach the copy of the declaration referred to in subsection (2) to the Crown grant and make appropriate entries in the register as the registrar considers necessary. (4) The power conferred by this section may be exercised whether or not title to the land is registered in a land title office.

53 (1) If, in a Crown grant under this Act, the minister finds an omission of the conditions of the Crown grant or the issue of a Crown grant under this or a former Act in the name of the wrong person or with a clerical error or defective description of the land intended to be granted, the minister may, if the minister considers it advisable, direct the defective Crown grant to be cancelled and a correct one issued, or make the changes and adjustments the minister considers advisable to rectify the error. (2) A corrected Crown grant relates back to the date of the cancelled grant and has the same effect as if issued at the date of the cancelled grant.

(3) If the minister cancels a Crown grant under this section or if the minister finds that the Crown land was not available for disposition, or that the survey or information provided by the applicant was incorrect,
(a)

section 44 (2) applies, or
(b) the minister may substitute other Crown land of a value that the minister considers reasonable in the circumstances. (4) If other land is substituted, the minister must issue a Crown grant for the substituted land and, if the minister considers it advisable, the new grant may be dated as of the date of the original Crown grant. (5) The substituted Crown grant has the same effect as if it had been issued on the original date. (6) The power conferred by this section may be exercised whether or not title to the land has been registered in a land title office.

(7) If a grant is cancelled, the registrar of the appropriate land title office must cancel registration of the indefeasible title or absolute title of the land. (8) A person who has possession of a cancelled Crown grant must deliver it to the minister when required to do so. 54 (1) A Crown grant issued after April 5, 1968 for land sold or for the issue of which provision is made under this Act or any other Act, general or special, must, on its issue, be transmitted to the proper land title office for registration.

(2) If the registrar is satisfied that the boundaries of the land are sufficiently defined by the description, the registrar must
(a) register the title granted in the register, subject to the provisions of the grant, in the name of the grantee, without application for registration, and
(b) give notice of the registration to the grantee. (4) A Crown grant issued before April 6, 1968 is registrable under the law in force immediately before that date, but the fees for registration are those currently applicable and, on registration, the grantee is entitled to become the registered owner of the indefeasible title to the land.

55 (1) If Crown land is or has, before March 27, 1961, been disposed of by the government by Crown grant, and the map or plan attached to the grant shows a lake, river, stream or other body of water coloured, outlined or designated in a colour other than red, no part of the bed or shore of the body of water below its natural boundary passes or is deemed to have passed to the person acquiring the grant unless
(a) there is express provision in the grant to the contrary, or
(b) the minister endorses a declaration on the plan under

section 58. (2) Nothing in any Act or rule of law to the contrary is to be construed to vest or to have vested in any person the land that comprises the bed or shore of the body of water below the natural boundary, and despite an indefeasible or absolute title to land, the title must be construed accordingly.

(3) When land, the title to which has been forfeited, reverted or otherwise returned to the government, is or has been granted by the government and the grant does not have a map or plan attached but describes the land granted by reference to its official plan, the description used is deemed not to include or to have included any land below the natural boundary of the body of water coloured, outlined or designated in a colour other than red on the map or plan attached to the last preceding Crown grant of that land, and the grant must be construed accordingly.

(4) Despite a rule of law to the contrary, if Crown land bordering on a lake, river, stream or a body of water is or has been granted by the government, in the absence of an express provision in the Crown grant to the contrary, no part of the bed or shore of the body of water below its natural boundary passes or is deemed to have passed to the person acquiring the land, and the Crown grant must be construed accordingly. 56 (1)

Section 55 (1), (2) and (3) applies regardless of the area shown on the Crown grant or on the official plan, and the area of land shown on the map or plan attached to the Crown grant must not be reduced by any lettering or numbering on the map or plan. (2)

Section 55 does not affect the right of any of the following:
(a) a grantee from the government or a person claiming under the government, if the right has been determined by a court before March 27, 1961;
(b) the registered owner of land to whom an indefeasible or absolute title has issued before March 27, 1961 that specifically includes the bed of a body of water coloured, outlined or designated in a colour other than red on the map or plan attached to a Crown grant;
(c) the owner of land in a subdivision, the plan of which was deposited in the appropriate land title office before March 27, 1961, if the plan includes the bed of a body of water coloured, outlined or otherwise designated in a colour other than red on the map or plan attached to a Crown grant.

57 If Crown land is disposed of by Crown grant and the map or plan attached to the grant shows a road coloured, outlined or designated in a colour other than red, no part of the road passes to the grantee, and, unless there is express provision in the grant to the contrary, the road is deemed to be, for a grant issued
58 (1) If doubt exists whether a body of water or road shown on the map or plan attached to a grant from the government is included in the grant, or whether it is in the public interest that the part coloured other than in red need be retained by the government, a person proposing to subdivide may apply to the minister for a declaration of intention about that part.

(2) The application must be accompanied by a print of the proposed plan of subdivision. (3) On receiving a plan certified by the registrar as being otherwise acceptable for deposit, the minister may, if the minister considers it advisable, endorse a declaration on the plan that the land is included in the grant or need not be retained by the government. (4) The deposit in the land title office of an endorsed plan vests title to the land referred to in the declaration in the owner of the land covered by the plan without an instrument of transfer.

(5) If the title to the land contained in the plan is subject to a registered charge, the charge is deemed to be modified by including the land described in the declaration. Part 6 — Trespass on Crown Land
59 (1) If a person does anything that is an offence under

section 60 (a) to (g), the minister may, on notice to that person, do one or more of the following:
(a) require the person to cease the unauthorized occupation of the Crown land, give up possession of the land and restore the land to a condition satisfactory to the minister;
(b) require the person to cease the unauthorized use of the Crown land and restore the land to a condition satisfactory to the minister;
(c) require the person to pay to the Minister of Finance a sum of money considered by the minister reasonable in the circumstances
(i) for the occupation or possession or the restoration, or both the occupation or possession and the restoration, of the Crown land, or
(ii) for the use or the restoration, or both the use and the restoration, of the Crown land;
(d) cancel any lease, right of way, easement, licence of occupation, permit or other disposition held by the person under this Act;
(e) direct a sheriff or a public officer to seize on behalf of the government all improvements, goods, chattels or other materials on the Crown land or in or on water on the Crown land;
(f) require the person to remove any improvements made by the person on the Crown land, to the satisfaction of the minister, within the time specified in the notice and, on failure of the person to comply, the minister may remove the improvements and require the person to pay the cost of removal.

(2) The notice under subsection (1) or (4) must state the following:
(a) the time and place of the unauthorized occupation or possession, unauthorized use or other contravention;
(b) details of the unauthorized occupation or possession, unauthorized use or other contravention;
(c) the requirement, action or direction of the minister under subsection (1);
(d) if applicable, the time period within which the person must act on a requirement of the minister;
(e) if applicable, the amount of the penalty imposed under subsection (4) and the date by which the penalty must be paid.

(3) The notice under subsection (1) may be given
(a) by personal service on the person or by registered mail addressed to the person, or
(b) by posting it on the Crown land if the person is unknown. (4) If a person to whom this section applies fails to act in accordance with the notice given under subsection (1), a government corporation or public officer to whom a power is delegated under

section 97 (1) or (1.1) may, on notice to the person, require the person to pay to the government, in addition to any other amount or penalty under this Act, a penalty of up to $1 000 for non-compliance with the notice. (5) A notice may be issued more than once in respect of the same matter if a person does not comply with the first notice issued in respect of that matter. (6) A person who has not been given notice by personal service or by registered mail is not liable for the penalty under subsection (4). (7) Money required to be paid under this section is recoverable by the Minister of Finance as a debt due to the government.

(8) Anything seized under this section becomes the property of the government and the minister may, at the discretion of the minister, authorize it to be sold, rented, removed or destroyed. (9) Nothing in this section limits, restricts or derogates from a court's power and jurisdiction in respect of an offence under

60 A person commits an offence if the person does any of the following:
(a) occupies or possesses Crown land without lawful authority;
(b) uses Crown land without lawful authority;
(c) being the holder of a lease, right of way, easement, licence of occupation, permit or other disposition issued under this Act, uses Crown land for a purpose not provided for in the disposition;
(d) is guilty of an act or default by which a lease, right of way, easement, licence of occupation, permit or other disposition issued under this Act may be terminated;
(e) constructs on Crown land a building, structure, enclosure or other works, or does or performs any dredging, excavation or filling, without the authorization of the minister;
(f) abandons on Crown land any vehicle or vessel without the authorization of the minister;
(g) unlawfully interferes with or removes a sign erected by or on behalf of the minister.

section 59, the money
(a) is due and payable by the date specified for payment in the notice served on or delivered to the person who is required to pay it, and
(b) bears interest at a prescribed rate. (2) If the person fails to pay the money after service or delivery of the notice referred to in subsection (1), the minister may issue and file with a court having jurisdiction a certificate stating
(a) the amount that remains unpaid including interest, and
(b) the name of the person who is required to pay.

(3) A certificate filed under subsection (2) has the same effect as an order of the court for the recovery of a debt in the amount stated in the certificate against the person named in it, and all proceedings may be taken as if it were an order of the court. 62 A person who does anything that is an offence under

section 60, or who directs or causes an offence to be committed under section 60, is liable to compensate the government or the person against whom the offence is committed for loss or damage suffered by the government or by that person because of the contravention. 65 Except as otherwise provided in this Act, a person lawfully entitled to occupy Crown land under a certificate of purchase, lease, right of way, easement or licence of occupation may, for that land, take proceedings against any person for recovery of possession of, or for trespass to, the interest in the land in the same manner and to the same extent as if the person were the registered owner of the land.

66 (1) The Lieutenant Governor in Council may, by regulation, prohibit a specific use of Crown land in a designated area. (2) A person who uses Crown land in a designated area in a manner prohibited under subsection (1) commits an offence. 67 (1) A person must not throw, deposit, dump or in any way cause to be placed on Crown land any glass, metal, garbage, soil or other substance without the authority of the minister. (2) A person who contravenes this section commits an offence.

(3) A member of the Provincial police force or a municipal police department may arrest, without warrant, a person whom the member finds committing an offence under this section, and may detain the person until the person can be brought before a justice to be dealt with according to law. 68 Every person who is convicted of an offence against this Act for which no penalty is provided is liable on conviction to a fine of not more than $20 000 or to imprisonment for a term not longer than 60 days, or to both the fine and imprisonment.

69 (1) Crown land may be surveyed into district lots, rectangular in shape and bounded by lines run as nearly as may be true north and south and east and west. (2) Lots may, at the discretion of the Surveyor General, be polygonal in shape and oriented to conform to topography. (3) The natural boundary of a body of water may be adopted as a boundary of adjoining land. (4) A conventional boundary may be established in a survey of Crown land, and land defined by a conventional boundary carries with it the rights and incidents as if it were bounded by the natural boundary. (5) Lots surveyed in a land district must be numbered in a consecutive numbering system for each land district.

(6) A location reference from the national topographic map system may be added. 72 (1) A survey may not be used or adopted for the purpose of this Act unless it is accepted and confirmed in writing by the Surveyor General on the official plan. (2) A survey confirmed under subsection (1) is deemed for all purposes to have been made in compliance with this Act. 73 (1) The Association of British Columbia Land Surveyors may make rules under

section 75 of the Land Surveyors Act for surveys under this Part. (2) The Surveyor General may make regulations necessary or advisable for surveys conducted for the purposes of the Nisg̱a'a Final Agreement as defined in the Nisg̱a'a Final Agreement Act. 74 A person who is not a British Columbia land surveyor acting under instruction of the Surveyor General may not carry out a survey under this Act.

75 If examination discloses that a survey on the ground differs materially from the field notes or plan of survey of land filed in the ministry and confirmed by notice in the Gazette, or by the signature of the Surveyor General, or if for any other reason the Surveyor General considers it advisable, the Surveyor General may, by notice in the Gazette, cancel the field notes or plan of survey, and may order a resurvey of the land affected. 76 (1) The minister may cause a survey to be made of Crown land. (2) Unless the minister otherwise orders, an applicant for unsurveyed Crown land must pay the cost of a survey of that land.

77 (1) On the request of a British Columbia land surveyor engaged by the applicant, the Surveyor General may issue instructions about the survey to the surveyor. (2) The survey must be completed in the time specified in the instructions, and the survey records must be forwarded immediately to the Surveyor General, unless, in special circumstances, the Surveyor General extends the date for completion. (3) If the survey is not completed and forwarded by the date or extended date specified, the surveyor must discontinue the survey and advise the applicant. (4) A surveyor who discontinues a survey must immediately forward to the Surveyor General the field notes and the results of the work to date.

(5) If for any reason the survey is not satisfactory to the Surveyor General, the Surveyor General may require a further survey or report. 77.1 Despite this Part, for the purposes of a survey of treaty lands, the Surveyor General may issue instructions to a British Columbia land surveyor that
(a) the Surveyor General considers necessary or advisable, and
(b) are consistent with the final agreement of the treaty first nation. 78 (1) The Surveyor General may reject a survey if the Surveyor General considers it is not in the public interest to dispose of the Crown land because of
(a) a report or a survey of a British Columbia land surveyor, or
(b) information received after the acceptance of an application for a disposition.

79 The Surveyor General may establish or cancel an allowance for a road or walkway on the border of or through a section, lot or block of Crown land. 80 (1) If the minister considers it advisable, the minister may authorize the Surveyor General to establish a public road allowance through Crown land to give access to privately owned land being subdivided. 81 (1) If land, subdivided under the Land Title Act by plan or description, has a natural boundary that adjoins Crown land, the owner may apply to the Surveyor General to replace the natural boundary by a boundary by agreement by deposit of a new subdivision plan in a land title office.

(2) The Surveyor General may by endorsement on the plan agree to the boundary by agreement and the subdivision plan. 82 The Surveyor General may, if the Surveyor General considers it advisable, carry out a reposting survey to replace lost original posts or monuments of a district lot or section, whether owned by the government or otherwise. 83 (1) The Surveyor General may, if the Surveyor General considers it advisable to replace a boundary established under an original survey and confirmed under any Act with a boundary by agreement, order a resurvey of that boundary.

(2) A resurvey under this section must not be ordered unless
(a) the Surveyor General receives an application from the owner of the land affected by the boundary,
(b) the owners, if any, of all registered charges against the land consent to the resurvey, and
84 (1) If the Surveyor General considers it advisable, the Surveyor General may order a resurvey of land where posts or boundaries of an original survey of a district lot or section have disappeared and cannot be located. (2) If Crown land has been disposed of, the Surveyor General must not order a resurvey under this section unless the Surveyor General receives an application for a resurvey from an owner of land within the area of the proposed resurvey. 85 (1)

Section 75 does not apply to land granted by the government unless the grant or indefeasible or absolute title has been cancelled. (2) Sections 83 (1) and 84 (1) do not apply if land is subdivided or if a survey is directed under the Land Survey Act. 86 (1) If a person makes an application to the Surveyor General for a resurvey under

section 83 or 84, and the Surveyor General believes that other persons or owners of land are likely to be adversely affected by a resurvey, the Surveyor General must direct the applicant for the resurvey to publish a notice in a satisfactory form in one issue of the Gazette and one issue of a newspaper circulating in the land district. (2) The notice must set out a time and place for a hearing of the resurvey application by the Surveyor General. (3) At the time and place, the Surveyor General or a person appointed by the Surveyor General must
(a) hear the evidence of the applicant for a resurvey and of any person adversely affected, and
(b) decide whether to order the resurvey.

(4) The order of the Surveyor General under subsection (3) is final and binding on all persons, subject to appeal to the minister. 87 (1) The Surveyor General or the person appointed, on a hearing under

section 86, may do the following:
(a) receive any evidence the Surveyor General or the person appointed thinks proper to admit;
(b) examine on oath a person affected and the person's witnesses;
(c) adjourn the hearing as the Surveyor General or the person appointed considers advisable. (2) If the hearing is conducted by a person appointed by the Surveyor General, the person must report the person's decision immediately to the Surveyor General. 88 (1) The Surveyor General may by signing the plan confirm a plan of resurvey ordered by the Surveyor General, or, if the Surveyor General considers it advisable, may order supplementary work.

(2) On receiving the British Columbia land surveyor's report of the supplementary work, the Surveyor General may confirm the resurvey as originally submitted or with the amendments that the Surveyor General considers advisable. 89 If

section 86 applies and the resurvey is complete, the person applying for it must deposit a copy of the new plan in the office of
(a) the commissioner of the land recording district, or
(b) the corporate officer of the municipality where the land is located. 90 On confirmation by the Surveyor General of a resurvey,
(a) the resurvey becomes and is for all purposes deemed to be the original survey of the land in or affected by the resurvey,
(b) the boundaries established by the previous survey have no further effect,
(c) the notes or plans of the previous confirmed survey have no further effect, and
(d) the Surveyor General must deposit a copy of the confirmed resurvey plan in the proper land title office.

91 (1) If on a resurvey a person acquires land and its improvements, the person must pay the person from whom the land and improvements are taken by the resurvey compensation in an amount set by the minister. (2) If either person is dissatisfied with the amount of compensation set by the minister, the person may submit the dispute for arbitration
(a) by a single arbitrator, if both persons concur in the arbitrator's appointment, or
(b) by 3 arbitrators appointed under the Arbitration Act. (3) The Arbitration Act applies to an arbitration under this section and the award is binding on the parties to the arbitration.

92 (1) If land is resurveyed under this Part, the owners or holders of dispositions contained in the plan of resurvey must jointly pay
(b) the fee and expense of a person appointed to hear objections under

section 86, and
(c) any other cost and expense to complete and register the plan of resurvey. (2) The minister must set the amount payable by each owner or holder of the total amount payable in the same proportion as each person's area bears to the total area of land contained in the plan of survey. (3) If it is considered advisable by the minister or a municipality, the government or the municipality may assume all or part of the cost or expense referred to in subsection (1).

93 (1) If the land of an owner or holder of a disposition is in a rural area, the government may recover the amount payable by the owner or holder and not paid by the owner or holder, as if it were a tax levied under the Taxation (Rural Area) Act. (2) The assessor must, on receipt of the minister's certificate of the amount owing, place the amount on the assessment roll against the land for recovery as tax. (3) If the land of the owner or holder of a disposition is in a municipality, the municipality must pay the cost and expense not paid by the owner or holder.

(4) The municipality may recover an amount paid by it under this section as if it were a tax imposed under the Community Charter. (5) The designated municipal officer must place the amount on the assessment roll against the land for recovery as tax. Part 7.1 — Land Designation and Establishment of Objectives
93.02 Despite

section 14 (2) of the Interpretation Act, this Part and the regulations and orders made under it affect and are binding on the government. 93.03 The powers provided by sections 93.4 and 93.7 may not be exercised in respect of the management area, as defined in

section 1 (1) of the Haida Gwaii Reconciliation Act. 93.4 (1) For the purposes of the Forest and Range Practices Act, the minister by order may establish objectives for the use and management of
(c) private land that is subject to a tree farm licence, woodlot licence or community forest agreement. (2) An order of the minister under subsection (1) may apply in respect of Crown resources or Crown land, whether or not the Crown resources or Crown land are also the subject of a designation made or an objective established by the Lieutenant Governor in Council under this Part. 93.5 (1) The minister must not establish an objective under

section 93.4 in respect of Crown resources or Crown land unless the objective is consistent with every
(a) designation made under

section 93.3
that also applies in respect of the Crown resources or Crown land. (2) In case of a conflict or inconsistency between an order of the minister under

section 93.4 and a designation made under section 93.1 or an objective established under section 93.3 by the Lieutenant Governor in Council, the designation made or objective established by the Lieutenant Governor in Council prevails over the order of the minister. 93.6 (1) Before making an order under

section 93.4 establishing or significantly amending an objective, the minister must make the proposed objective or particulars of the proposed amendment publicly available for
(2) Subsection (1) does not apply in respect of an order under

section 93.4 if the minister
(a) is of the opinion that the order is urgently required to protect a resource value, and
93.7 (1) The minister, in writing, may
(a) delegate a power or duty of the minister under sections 93.4 to 93.6 or under the regulations to a person, designated by name or position and employed in the ministry of the minister or in another ministry, and this Act applies to the delegate as if the delegate were the minister, except that the delegate may not sub-delegate the power or duty,
(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and
(c) vary or revoke a delegation or direction.

(2) A delegation under any of sections 3 to 5 of the Forest Practices Code of British Columbia Act, which delegation was in effect immediately before the coming into force of this subsection, is continued as a delegation of the minister under subsection (1) of this section. 93.8 An objective established under

section 3, 4 or 5 of the Forest Practices Code of British Columbia Act that, immediately before the coming into force of section 93.4 of this Act, was in effect for an area of
(b) private land that is subject to a tree farm licence, woodlot licence or community forest agreement
in a resource management zone or in a landscape unit or sensitive area is continued as an objective established by the minister under

section 93.4 of this Act for that Crown land or private land. 93.81 The Lieutenant Governor in Council may make regulations respecting objectives established under

section 93.4, including but not limited to regulations prescribing procedures and criteria that are to be followed by the minister or a delegate of the minister in establishing the objectives. Part 7.2 — Deposit of Electronic Plans in Crown Land Registry
Division 1 — Definitions and Application
93.9 In this Part:
"certificate" means a computer-based record created by a certification authority and issued to a subscriber for the purposes of permitting a subscriber to sign electronic plans;
means a certification authority recognized by the Surveyor General under

section 93.95;
"certification practice statement" means the statement approved by the Surveyor General under

"electronic plan" means
(a) a plan that is made in relation to Crown land and that is in electronic format, and
(b) any other document that is in the electronic form designated by the Surveyor General;
"electronic signature" means a signature in electronic format that is
(a) created by a subscriber using a private cryptographic key under the control of the subscriber that corresponds to a public cryptographic key contained in a certificate, or
(b) recognized by the Surveyor General;
"subscriber" means an individual who is authorized by a certificate to sign electronic plans. 93.901 This Part applies only to those plans and other documents the electronic form of which is designated by the Surveyor General for the purposes of this Part.

93.91 Except as provided in this Part, an electronic plan that meets the requirements of this Part has the same effect for all purposes as a plan or other document in writing that meets the requirements of this Act or any other enactment. 93.911 A person may submit an electronic plan to the Surveyor General in accordance with this Part
(a) for filing or deposit in the registry, or
(b) for approval, acceptance, confirmation or certification by the Surveyor General. 93.92 (1) Electronic plans submitted to the Surveyor General under

section 93.94 must
(a) be in the form designated by the Surveyor General,
(b) contain the information required by the Surveyor General, and
(c) be completed in the manner established by the Surveyor General. (2) Unless the Surveyor General otherwise permits, all information in an electronic plan must be depicted in black on a white background. 93.93 (1) [Repealed 2018-37-6.] (2) An electronic plan must be signed in accordance with this section before it is submitted to the Surveyor General under

section 93.94. (3) An electronic plan is signed for the purposes of this section when a British Columbia land surveyor electronically signs the electronic plan in accordance with the requirements established by the Surveyor General. (4) The incorporation of the electronic signature of a British Columbia land surveyor into an electronic plan is a certification by the land surveyor
(a) that the requirements established by the Surveyor General are met, and
(b) that the information contained in each notation, endorsement, statement or certification made by the land surveyor and set out in the plan is correct.

(5) Despite any enactment or rule of law to the contrary, an electronic plan that has been signed by a British Columbia land surveyor in accordance with this section is conclusively deemed to be in writing and signed by the British Columbia land surveyor. 93.94 An electronic plan is submitted to the Surveyor General when the plan is transmitted electronically to the Surveyor General in the manner established by the Surveyor General using the technology established by the Surveyor General. 93.941 (1) If an electronic plan is submitted to the Surveyor General under

section 93.94 and, in accordance with this Act or another enactment, the Surveyor General approves, accepts or confirms the electronic plan or certifies the electronic plan as an official plan, the Surveyor General must
(a) sign a copy of the electronic plan, or
(b) sign the electronic plan in accordance with this section. (2) The Surveyor General may sign an electronic plan under subsection (1) (a) or (b) if
(a) the electronic plan is submitted to the Surveyor General under

section 93.94, and
(b) this Act or another enactment does not require the Surveyor General to approve, accept or confirm a plan or certify a plan as an official plan. (3) An electronic plan is signed for the purposes of subsection (1) (b) when the Surveyor General electronically signs the electronic plan in accordance with the requirements established by the Surveyor General. (4) The incorporation of the electronic signature of the Surveyor General into an electronic plan is a certification by the Surveyor General
(a) that the requirements established under subsection (3) are met, and
(b) that the information contained in each notation, endorsement, statement or certification made by the Surveyor General and set out in the plan is correct.

(5) Despite any enactment or rule of law to the contrary, an electronic plan that has been signed by the Surveyor General in accordance with this section is conclusively deemed to be in writing and signed by the Surveyor General. Division 3 — Certification of Subscribers
93.95 For the purposes of this Act, the Surveyor General may recognize a person as a certification authority if
(a) the person has adopted and published a certification practice statement that has been approved by the Surveyor General, and
(b) the Surveyor General is satisfied that
(i) the person is capable of administering the certification practice statement, and
(ii) subscribers named in certificates issued by the person are required to observe and comply with the certification practice statement.

93.96 A certification practice statement must contain
(a) the policies, practices and procedures to be used by a certification authority in
(i) issuing, administering, suspending and revoking a certificate,
(ii) providing access to the information contained in a certificate, and
(iii) establishing and maintaining the security and validity of electronic signatures of subscribers, and
(b) other provisions that the Surveyor General considers necessary, including provisions relating to the form and content of certificates and provisions to ensure
(i) that an electronic signature is unique to a specific subscriber,
(ii) that a subscriber named in a certificate is eligible to be a subscriber under the requirements established by the Surveyor General, and
(iii) the security of the electronic filing system contemplated by this Part.

93.97 (1) The issuance of a certificate by a certification authority constitutes a warranty by the certification authority of the following matters:
(a) the information contained in the certificate is, to the knowledge of the certification authority, true;
(b) the certificate was issued in accordance with the certification practice statement;
(c) the subscriber to whom the certificate was issued has agreed to observe and comply with the requirements of the certification practice statement;
(d) the subscriber named or identified in the certificate is eligible to be a subscriber under the requirements established by the Surveyor General;
(e) the certification authority will act promptly to suspend or revoke a certificate in accordance with the requirements of the certification practice statement.

(2) The Surveyor General and the minister are entitled to rely on the warranties referred to in subsection (1). 93.98 In the absence of an unlawful or negligent act or omission by a certification authority in relation to its powers or duties under this Act, no action for damages lies or may be brought against a certification authority in respect of any loss or damage arising out of an unlawful or negligent act or omission of a subscriber under this Act. 93.99 The Surveyor General may delegate the Surveyor General's powers under this Division to the Director of Land Titles. 93.991 (1)

Section 5 of the Offence Act does not apply to this Part. (1.1) Despite

section 68 of this Act, section 4 of the Offence Act applies in relation to an offence under this section. (2) A person commits an offence if the person wilfully makes a false certification under any of the following provisions:
(3) A person commits an offence if the person
(a) signs an electronic plan using an electronic signature of another person, or
(b) permits an electronic signature of the person to be used by another person to sign an electronic plan. 94 (1) Despite

section 48, the minister may authorize the execution of a Crown grant if all money payable to the government for it has not been paid, as long as payment of the money has been secured to the satisfaction of the minister.

(2) If a Crown grant is executed under subsection (1), the minister may send to the registrar for the land title district in which the land is located a certificate signed by the minister containing the following:
(a) a description of the land satisfactory to the registrar;
(b) a statement of the principal sum remaining payable for the grant;
(c) the rate of interest payable;
(e) the name, address and occupation of the person who is to pay the money;
(f) an application, in a form that complies with the Land Title Act, to register the certificate as a charge in the land title office.

(3) A certificate under subsection (2) is deemed to be a mortgage to which sections 9 and 10 of the Land Transfer Form Act apply. (4) The registrar must, without fee, register a certificate under subsection (2) as a charge against the title to the land described in it. (5) Registration of the certificate creates a legal mortgage
(a) of the land described in it;
(b) by the person named in it as mortgagor;
(c) to the government as mortgagee;
(d) on terms prescribed under this Act for these mortgages, and on any other terms stated in it.

(6) The general law between mortgagor and mortgagee applies to a mortgage created under this section, and the government may enforce the mortgage by a proceeding in a court for foreclosure, payment of the mortgage debt, possession, judicial sale, the appointment of a receiver and by any other remedy ordinarily available to a mortgagee to enforce the security. (7) On payment of the mortgage debt, the minister must send a certificate of discharge to the registrar, who must cancel the registration of the charge.

95 (1) If the Lieutenant Governor in Council considers it advisable in the public interest, the Lieutenant Governor in Council may
(a) authorize the exchange of Crown land for other land of substantially the same value, or
(b) accept in exchange for Crown land other land of less value, together with payment of money for the difference in value. (2) Crown land exchanged under this section must be conveyed by Crown grant under this Act, subject to the terms, covenants, stipulations, reservations or exemptions the minister considers advisable.

(3) Despite any other Act, if timber on the Crown land and on the other land exchanged under this section are not, under the Forest Act, subject to the same royalty rates, the Lieutenant Governor in Council may, by increasing or decreasing the royalty rate on the timber on the Crown land, equalize the royalty rates. 96 (1) If Crown land is occupied, with or without lawful authority, before the issue of a disposition under this Act, the minister may require payment of rent by the occupier for the period of occupation at a rate the minister determines. (2) Payment of the rent is a condition precedent to the issue of a disposition.

97 (1) The minister may delegate in writing, on the terms and conditions the minister considers appropriate, the power to act on the minister's behalf respecting any of the minister's powers or functions under this Act to
(a) a public officer in the minister's ministry,
(b) a government corporation as defined in the Financial Administration Act, or
(c) another member of the Executive Council.

(1.1) A member of the Executive Council to whom a minister's delegation is made under subsection (1) (c) may, subject to the terms and conditions specified in the minister's delegation, delegate powers or functions under this Act that are covered by the minister's delegation to
(a) a public officer in the member's ministry, or
(b) a government corporation as defined in the Financial Administration Act. (1.2) The minister or a member of the Executive Council to whom the minister's delegation is made under subsection (1) (c) may delegate in writing to the Surveyor General, on terms and conditions the minister considers appropriate, the powers to act on the minister's or member's behalf under sections 6 (1) and (2), 52, 53, 58 and 103.

(2) If an applicant, because of illness or other unforeseen circumstances, does not comply with a provision of this Act, the regulations, or a term, covenant or stipulation in a disposition, the minister may, if the minister considers it advisable, if no other person is or is likely to be prejudiced and if all other provisions of this Act and the regulations have been complied with, extend the time for compliance by the applicant or vary the terms, covenants or stipulations of the disposition. 99 (1) An assignment, quit claim or other transfer of land for which an application for a disposition has been filed under this Act is not valid until after a certificate of purchase, a lease or licence has been issued.

(2) A person may not dispose of or deal with an interest in Crown land held under a disposition, other than a Crown grant, unless
(a) the disposition under which the interest is held expressly allows it, or
(b) the minister approves in writing the disposition or dealing. (3) A purported disposition made in contravention of this section is void and the minister may, if the minister considers it advisable, cancel the disposition. (4) As a condition precedent to an approval under subsection (2) (b), the minister may require the applicant to carry out and perform, in respect of the land, additional terms, covenants or stipulations that are to be binding on every successor in title to the land.

100 (1) The minister may give notice to the holder of a certificate of purchase requiring the holder within 6 months from the date of the notice to apply for the Crown grant if
(a) the purchase price is paid in full and all other terms, covenants and stipulations of the certificate of purchase are complied with, and
(b) the purchaser has not applied for a Crown grant. (2) The minister must mail the notice by registered mail addressed to the purchaser at the purchaser's last known address, and may give additional notice in a manner the minister considers advisable.

(3) If the purchaser does not apply for the Crown grant within the time set by this section, the minister may cancel the certificate of purchase by an entry on the records in the ministry. (4) On cancellation all improvements on the land, all rights of the purchaser to the land and improvements and all money paid on account of the purchase price are forfeited to and vested in the government. 101 (1) If a person claims an interest in Crown land, the minister may require the person to file with the minister a statement of the person's claim within a specified time.

(2) The minister must examine and consider the claim and may confirm or reject all or part of it and make the disposition of the Crown land the minister considers advisable. (3) The claim is extinguished if
(a) the claimant fails to file a statement within the time specified, or
102 If the government is the owner of land in a subdivision plan and proceedings are proposed under part of the land title legislation, the minister, if the minister considers it advisable, may sign a petition or give a consent on behalf of the government if either may be required for the proceedings.

103 (1) If the government is a registered owner of an indefeasible or absolute title to land free of encumbrances, the minister may order that the registration be removed from the operation of the Land Title Act. (2) On receiving an order of the minister under subsection (1), the registrar of the land title office must cancel the registration of the indefeasible or absolute title to the land described in the order and call in and cancel any duplicate indefeasible title or certificate of title that has been issued. (3) On cancellation under subsection (2), the land must be dealt with under this Act.

104 In addition to persons authorized by the Evidence Act, the deputy minister, an assistant deputy minister, the Surveyor General, a commissioner and a director are commissioners for taking affidavits for British Columbia for an affidavit required under this Act. 105 For the purpose of discharging their duties under this Act, each of the following persons has at reasonable times a right to enter Crown land and premises:
(c) an employee of the ministry who has identification from the ministry for the purpose;
(c.1) an employee of a government corporation to which a power is delegated under

section 97 (1) or (1.1) who has identification from the government corporation for the purpose;
(f) a person acting under the direction of the Surveyor General who has identification from the Land Title and Survey Authority of British Columbia for the purpose. 106 (1) Land acquired by a ministry on behalf of the government is to be administered by the minister of that ministry. (2) Despite anything in this Act, the minister may transfer, on terms and conditions the minister considers appropriate, the administration of Crown land to any ministry of the government or may accept a transfer of Crown land from any ministry of the government to the minister's ministry.

(3) A power under any Act, other than the Ministry of Lands, Parks and Housing Act or the Public Agency Accommodation Act, to dispose of the fee simple in Crown land as defined in this Act, must be exercised in compliance with this Act. (4) Despite any other Act, a transfer of the administration of Crown land to the minister authorizes the minister to exercise the minister's powers in relation to that land under this Act or any other Act under the minister's administration. (5) Subsection (3) does not apply to a disposition made by the Lieutenant Governor in Council under

section 218 (1) of the Land Title Act that a statutory right of way be for a purpose necessary for the operation and maintenance of a grantee's undertaking does not apply if the grantee is the government. 107 An action may not be brought against the minister, a public official in the ministry or a land commissioner for an act or omission done or omitted in good faith in the performance of a duty imposed or authority conferred under this Act.

108 (1) The commissioner of each land recording district must keep a register of applications for a disposition filed with the commissioner under this Act, which must include for each application its number, the applicant's name and address and a short description of the Crown land applied for. 109 (1) A disposition, other than a Crown grant, must be executed by the director or another person designated in writing by the minister. (2) A Crown grant must be executed under the corporate seal of the Land Title and Survey Authority of British Columbia by a person designated by resolution of the board of directors of the Authority.

(3) A disposition purporting to be executed as provided in this section is evidence in a proceeding of the disposition, without proof of the signature of the person executing it. (4) The minister is to have a seal of office imprinted with the minister's title of office. 109.1 (1) There must be paid to the Land Title and Survey Authority of British Columbia, in respect of services provided under this Act by the Surveyor General or persons under the Surveyor General's direction, the respective fees the board of directors of the Land Title and Survey Authority of British Columbia may establish by bylaw. (2) The government is exempt from paying any fees payable under subsection (1).

(3) Canada and a treaty first nation are exempt from paying fees under subsection (1) that are payable in relation to services provided under this Act in respect of a survey required by or for the purposes of the final agreement of the treaty first nation. 110 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) Without limiting subsection (1), but subject to

section 6 (3), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the rate of interest for the purpose of

section 61 (1);
(b) respecting fees for applications required under this Act or for the provision of a service or the performance of a duty by the government under this Act, including, without limitation, the following:
(i) prescribing the amount of a fee or a method for calculating the amount of a fee;
(ii) identifying the person who is required to pay a fee;
(iii) respecting the time a fee must be paid;
(iv) prescribing minimum fees. (3) Regulations under subsection (2) (b) and the fees established under that subsection may be different
(a) for different applications,
(b) for different services and duties or classes of services and duties,
(c) for different classes of persons, and
(d) for services and duties provided in different circumstances.

(4) Regulations under subsection (2) (b) may exempt, with or without conditions, persons or classes of persons from the payment of one or more fees. Copyright © King's Printer, Victoria, British Columbia, Canada

section 1 must pay to the Minister of Finance the fee set out opposite in Column 2. [en. B.C. Reg. 109/2005, s. (b).] Private moorage
2.2 A person applying under the Ministry of Lands, Parks and Housing Act in relation to a land use set out under item 5 of Column 1 of the Schedule to

section 1 must pay to the Minister of Finance the fee set out opposite in Column 2. [en. B.C. Reg. 144/2008.] British Columbia Energy Regulator
3 No fees are payable in respect of an application described in

section 1 and items 2, 5 and 6 of the Schedule to section 2 of this regulation if the British Columbia Energy Regulator is exercising its authority for that application under section 8 of the Energy Resource Activities Act. [en. B.C. Reg. 247/2003, s. 3; am. B.C. Regs. 269/2010, Sch., s. 3; 91/2011; 187/2023, Sch., ss. 12 and 13.] Transition
4 If an applicant
(a) paid the fees applicable on submission of an application under the Land Act Fees Regulation, B.C. Reg. 167/92, the Land Act Fees Regulation, B.C. Reg. 166/2003, the Land Act Fees Regulation, B.C. Reg. 176/2003, the Land Act Shellfish Aquaculture Fee Regulation, B.C. Reg. 232/99, or the Land Act Shellfish Aquaculture Fee Regulation, B.C. Reg.

175/2003, before this section was enacted,
(b) has not paid the fees applicable on approval of an application and issuance of a disposition under Land Act Fees Regulation, B.C. Reg. 167/92, the Land Act Fees Regulation, B.C. Reg. 166/2003, the Land Act Fees Regulation, B.C. Reg. 176/2003, the Land Act Shellfish Aquaculture Fee Regulation, B.C. Reg. 232/99 or the Land Act Shellfish Aquaculture Fee Regulation, B.C. Reg. 175/2003, and
(c) the application referred to in paragraph (a) is in process on the coming into force of this section,
then that applicant must pay the fees referred to in paragraph (b) prior to the issuance of a disposition. [en. B.C. Reg. 248/2003.] [Provisions relevant to the enactment of this regulation: Land Act, R.S.B.C. 1996, c. 245, ss.

6 (3), 7.8, 32 (1) and 110, and the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, s. 11.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 7.1 of the Act,
(a) the instruments listed in Column 1 of Schedule 1 are prescribed, and
(b) the designations or other statuses listed in Column 1 of Schedule 2 are prescribed. 4 For the purposes of the definition of "tenure authority" in

section 7.1 of the Act, the following persons are prescribed:
(a) a person listed in Column 2 of Schedule 1 opposite a prescribed instrument set out in Column 1 of Schedule 1 in relation to the tenure granted or otherwise established by that prescribed instrument;
(b) a person listed in Column 2 of Schedule 2 opposite a prescribed designation or other status set out in Column 1 of Schedule 2 in relation to the tenure that is that prescribed designation or other status;
(c) the British Columbia Energy Regulator, in relation to a tenure that is granted or established under a prescribed instrument set out in Column 1 of Schedule 1, if that instrument is granted, entered into, issued or otherwise made under a specified enactment by the British Columbia Energy Regulator.

section 7.2 (2) of the Act, the following information is prescribed in respect of a tenure:
(a) the name of the individual, ministry or organization that
(i) issued the instrument referred to in

section 3 (a) of this regulation, or
(ii) gave, conferred, made or otherwise established the designation or other status referred to in

section 3 (b);
(b) any file number assigned to the tenure by the individual, ministry or organization referred to in paragraph (a);
(c) whether the instrument referred to in

section 3 (a) or the designation or other status referred to in section 3 (b) is valid, suspended, cancelled, expired or in any other state;
(d) if different from the individual, ministry or organization referred to in paragraph (a), the name of the individual, ministry or organization that is responsible for administrative matters in respect of the tenure;
(e) if applicable, the name of the tenure holder;
(f) the location of the Crown land to which the tenure relates. [am. B.C. Regs. 269/2010, Sch., s. 10; 41/2016, s. 17; 158/2023, s. (f); 187/2023, Sch., s. 6.] [am. B.C. Regs. 269/2010, Sch., s. 10; 41/2016, s. 18; 219/2024, Sch. 3, s. 13.] [Provisions relevant to the enactment of this regulation: Land Act, R.S.B.C. 1996, c. 245, ss.

7.8 and 110.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 5. (3) In laying out other and minor legal subdivisions in any quarter section, the land surveyor must give the legal subdivision its proportionate share of the frontage and intermediate breadth of the quarter section, and connect the points found by straight lines. (4) The lines or limits drawn as under subsections (1) to (3) on the ground are the true lines or limits of the half section or quarter section, or other legal subdivision, whether or not it corresponds with the area expressed in the original grant or patent of the land.

7 The dividing lines or limits between fractional sections, quarter sections, lots or gores, if no corresponding posts have been placed on the opposite sides, must be drawn from the original corners, or the posts representing those corners, as defined on the ground, in accordance with this Act, in the line intended as the front of a fractional section, quarter section, lot or gore, at such an angle to the line as was intended in the original survey, as shown on the official plan and field notes of it.

8 For the purposes of ascertaining the original corner or limits of a township, range, section or other legal subdivision, lot or parcel of land, a British Columbia land surveyor may administer an oath to a person the land surveyor may examine concerning a corner, mound, post, monument or other boundary or original landmark, line, limit or angle of a township, range, section or other legal subdivision, lot or parcel of land that the land surveyor is employed to survey.

9 (1) If a British Columbia land surveyor is in doubt as to the true corner, boundary or limit of a township, range, section, lot or parcel of land that the land surveyor is employed to survey, and has reason to believe that a person has important information about the corner, boundary or limit, or of a writing, plan or document tending to establish the true position of the corner, boundary or limit, then if the person does not willingly appear before and submit to examination by the land surveyor, or does not willingly produce to the land surveyor the writing, plan or document, the land surveyor may apply to a justice for a subpoena accompanying the application by an affidavit or solemn declaration to be made before the justice of the facts on which the application is founded.

(2) The justice may issue a subpoena to the person to appear before the land surveyor at a time and place to be mentioned in the subpoena, and, if the case requires it, to bring along any writing, plan or document mentioned or referred to in the subpoena. (3) The subpoena must be served on the person named in it by delivering a copy of it to the person, or by leaving it for the person with some adult person of the person's family at the person's residence, exhibiting to the person or the adult person the original.

(4) If the person commanded to appear by the subpoena, after being paid the person's reasonable expenses, or having them tendered to the person, refuses or neglects to appear before the land surveyor at the place and time appointed in the subpoena, or to produce the writing, plan or document, if any, mentioned or referred to in it, or to give evidence and information the person possesses about the corner, boundary or limit in question
(a) a justice may issue a warrant for the arrest of the person, and
(b) the person may be fined a sum not exceeding $100, or imprisoned not more than 90 days, or both, in the discretion of the justice.

10 (1) Evidence taken by a British Columbia land surveyor must be
(b) read over to the person giving it, and
(2) If the person who gives evidence cannot write, the person must acknowledge it as correct before 2 witnesses, who must sign it along with the British Columbia land surveyor. (3) The evidence, and any document or plan prepared and sworn to as correct before a justice by any British Columbia land surveyor with reference to any survey performed by the land surveyor, must be annexed to the field notes of the survey, and be deposited in the office of Surveyor General.

Part 2 — Integrated Survey Areas
11 For the purposes of this Part:
"coordinate control monument" means a monument established in compliance with the requirements of the Surveyor General for the purposes of

section 13 (2);
"original monument" means a mound, post, mark or monument marked, erected, placed or planted lawfully to mark the boundaries of a township, range, section or other legal subdivision, block, gore, lot, common or other parcel of land, under this or another enactment. 12 (1) The Surveyor General may make orders as follows:
(a) constituting a portion of British Columbia an integrated survey area and defining its boundaries;
(b) redefining or readjusting the boundaries of an existing integrated survey area;
(c) extending, reducing, subdividing or annulling any existing integrated survey area or merging all or part of it with another integrated survey area or areas;
(d) establishing the density of control monuments in or surrounding the integrated survey area.

(2) The Association of British Columbia Land Surveyors may make rules under

section 75 of the Land Surveyors Act for surveys under this Part. 13 (1) If an integrated survey area has been constituted under

section 12 (1), the Surveyor General must file a plan in the land title office or Crown land registry or publish an electronic map of the integrated survey area. (2) The plan or electronic map must show the location and designation of the coordinate control monuments, the boundary of the integrated survey area and any other information the Surveyor General considers necessary. (3) The Surveyor General may file an amended plan or publish an amended electronic map for a plan or electronic map filed under subsection (1). (4) The plan or electronic map filed under subsection (1) or (3) is the official plan of the location of the coordinate control monuments and boundary of the integrated survey area.

(5) If a plan is filed or an electronic map is published under subsection (1), the Surveyor General must file a certificate in the land title office or Crown land registry or publish an electronic listing setting out the values for the coordinate control monuments located in the integrated survey area. (6) The Surveyor General may file an amended certificate or publish an amended electronic listing for a certificate or listing filed under subsection (5). (7) The certificate or electronic listing filed under subsection (5) or (6) is the official certificate or electronic listing of the coordinate control monuments. 14 (1) If an integrated survey area is constituted under

(a) all original monuments established after that within the integrated survey area pertaining to the creation of new townships, ranges, sections or other legal subdivisions, blocks, gores, lots, commons or other parcels of land,
(b) all those set under sections 67 to 69 of the Land Title Act, and
(c) all those previously established and pertinent to the survey of a parcel of land
must be tied by survey to the coordinate control monuments according to the procedures in rules made under

section 75 of the Land Surveyors Act. (a) a survey has been carried out in accordance with subsection (1),
(b) the original monuments have in that way been tied to coordinate control monuments, and
(c) a plan of the survey has been deposited as required either in the proper land title office or with the Surveyor General,
the coordinates that may be derived from the plan for those original monuments are evidence of their positions and must be considered if it becomes necessary to define or redefine the true position on the ground of any original monuments or the boundaries governed by them.

(a) approve types of control monuments for the purposes of this Act;
(b) approve types of reference posts;
(c) require electronic submission of survey plans, field notes and other survey data;
(c.1) specify standards for electronic submission of survey plans, field notes and other survey data;
(d) issue survey instructions to a practising land surveyor under the Land Surveyors Act for integrated control surveys;
(e) require the correction and readjustment of coordinate control monument values within integrated survey areas and require the filing of supplementary certificates setting out new or amended coordinates and updating the official plan of an integrated survey area;
(f) make rules for the conduct of surveys and the preparation of explanatory plans under

section 70 of the Land Title Act;
(g) if a parcel is being created under the Land Act, require an unsurveyed road to be posted at specified widths and locations;
(h) issue instructions for surveys under the Mineral Tenure Act to a practising land surveyor under the Land Surveyors Act. Part 3 — Power to Make Regulations
15 (1) For this Act, the Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations to provide examples for the method of laying out subdivisions of original sections. Copyright © King's Printer, Victoria, British Columbia, Canada

section 6 of the Land Survey Act, a subdivision may be laid out as shown in the following example:
[Provisions of the Land Survey Act, R.S.B.C. 1996, c. 247, relevant to the enactment of this regulation:

section 15]

section 6;
"boundary" means a natural or artificial line on land, below land, in airspace or in or on any structure, the purpose of which is to indicate the limits of an interest in the land, airspace, natural resources or structure;
"land" includes foreshore and land covered by water;
"land surveying company" means a company for which a permit has been issued;
"land surveyor" means a person admitted as a land surveyor under

section 47;
"land surveyor associate" means a person who, for a Canadian jurisdiction other than British Columbia, has a status recognized under the bylaws as equivalent to that of a land surveyor, is registered as a land surveyor associate in compliance with the bylaws and is not in default for fees, dues or costs payable to the association;
"land surveyor in training" means a person who is registered with the association as a land surveyor in training and who is not in default for fees, dues or costs payable to the association;
"member" means a land surveyor, land surveyor associate or land surveyor in training;
"nonpractising land surveyor" means a land surveyor whose name has, after application by that person, been placed on a list of nonpractising land surveyors and who is not in default for fees, dues or costs payable to the association;

section 51 and includes a renewal of that permit;
(a) the measurement of land or airspace to
(ii) determine the location of any natural or artificial feature on land or in airspace relative to a boundary for the purpose of certifying in writing the location of the natural or artificial feature,
(iii) integrating any monument that defines a boundary, either directly or indirectly, with a network of geodetic points of any order of precision and determining coordinate values for the monument when those values are used in the development or maintenance of a geographic information system that will be used in whole or in part for determining or establishing boundaries,
(iv) establishing control points for the purpose of carrying out the activities in subparagraphs (i) to (iii),
(v) preparing maps, plans and documents in any format with respect to determining or establishing boundaries, and
(vi) giving advice with respect to land surveying, determining and establishing boundaries and spatial relationships and the rules and regulations pertaining to land surveying, and
(b) advising on, reporting on or supervising any of the activities listed in paragraph (a);
"practising land surveyor" means a land surveyor who is not in default for fees, dues or costs payable to the association, who is not under suspension and who is not a nonpractising land surveyor;
"president" means the person elected as president under

section 6 (7);
"to suspend", as applied to a member, means to suspend from all rights and privileges of a member;
"vice president" means the person elected as vice president under

section 25 (2). 2 (1) The Corporation of Land Surveyors of the Province of British Columbia is renamed the Association of British Columbia Land Surveyors and is continued as a corporation consisting of the members. (2) Except as otherwise provided in this Act, the association has the powers and capacity of a natural person of full capacity.

4 (1) The association may pass bylaws consistent with this Act with regard to one or more of the following:
(a) governance, discipline and professional standards of members;
(b) management of the property of the association;
(c.1) categories of membership, associated rosters and applicable fees or dues;
(e) examination and admission of those persons applying to become members;
(f) setting fees for examination and admission;
(g) borrowing money on the credit of the association;
(h) equipment and instruments used by members and the standard of their work;
(i) matters which may be necessary or expedient for the general management of the association;
(j) insurance that provides indemnity against professional liability claims, including requiring members to maintain that type of insurance;
(k) establishing a professional practice review program for members, including establishing a means to fund the professional practice review program;
(2) Bylaws made under subsection (1) may include provisions for their enforcement and penalties for their contravention.

5 (1) Bylaws may be passed only at a general meeting of the association. (2) Despite subsection (1), by resolution indicating the scope of the proposed bylaws, the association may delegate the power to pass particular bylaws to the board. (3) Bylaws passed by the board under subsection (2) are bylaws of the association. (4) A bylaw or a bylaw amendment of the association takes effect when
(a) it has been passed under subsection (1) or (2),
(b) it has been filed under subsection (5), and
(c) the 45 days referred to in subsection (6) have expired, and it has not been disallowed by the Lieutenant Governor in Council.

(5) The board must file with the minister a certified copy of all bylaws or bylaw amendments passed under this section. (6) A bylaw or bylaw amendment filed with the minister under subsection (5) may be disallowed by the Lieutenant Governor in Council within 45 days of the bylaw or bylaw amendment being filed. 6 (1) Except as otherwise provided in this Act, the business, property and affairs of the association are to be managed, and its powers may be exercised, by the board of management. (a) the president, vice president and other members of the board elected under

section 25 or appointed or elected under subsection (4) of this section,
(b) the Surveyor General of British Columbia,
(c) the last preceding president so long as the last preceding president is a practising land surveyor,
(e) the persons appointed under subsection (9). (3) Members of the board hold office until
(a) their term of office expires, or
(b) they resign, die or cease to be practising land surveyors. (4) An elected member of the board who ceases to hold office under subsection (3) (b) must be replaced by a practising land surveyor appointed by the board or, failing an appointment, elected at an extraordinary general meeting of the association. (5) Subsection (3) applies to a member of the board appointed or elected under subsection (4).

(6) The number of elected members of the board may be varied by bylaw or by resolution of a general meeting of the association. (7) The board must appoint from among the practising land surveyors, a secretary, who holds office at the pleasure of the board. (8) The secretary must not be dismissed except by the votes of at least 3/5 of the other members of the board. (9) The Lieutenant Governor in Council may appoint up to 2 board members who are not members of the association and who, subject to subsection (3) (b), serve for a 2 year term.

7 In addition to other powers conferred by this Act, the board's functions include the following:
(a) maintaining the discipline and professional standards of members;
(b) preventing or conciliating misunderstandings between members;
(c) hearing and deciding complaints and accusations against members about their professional conduct;
(d) disciplining members found guilty of misconduct or unprofessional conduct as provided in this Act;
(e) issuing and maintaining guidelines, for the use of members and the general public, with respect to fees for professional services;
(f) dealing with applications to become members;
(g) providing for the term of articles for a land surveyor in training;
(h) providing for examination of applicants;
(i) ordering a member or former member to appear before the board;
(j) preparing draft bylaws to be laid before a general meeting;
(k) preparing and passing bylaws under powers delegated to the board under

section 5. 8 (1) Subject to subsection (4), 3 members of the board form a quorum. (2) All decisions of the board must be made by a majority of its members present at a meeting of the board. (3) The chair votes as a member of the board and has no additional or casting vote. (4) For hearings held by the board under sections 60, 61, 62 and 63,
(a) 5 members of the board form a quorum, and
(b) decisions to expel or suspend a member of the association require a majority of at least 2/3 of the members of the board present.

10 (1) An annual general meeting of the association must be held in British Columbia once in each calendar year on a date and at a place determined by the board. (2) An extraordinary general meeting may, and on the written request of 10 practising land surveyors must, be convened by order of the president or vice president, by notice to all practising land surveyors. (3) Thirty practising land surveyors form a quorum at a general meeting. (4) Notice of a meeting ordered under subsection (2) must be sent, at least 15 days before the date of the meeting in a manner prescribed by bylaw, to each practising land surveyor.

(5) A meeting under this section may be conducted by means of electronic or other communication facilities, as long as all participants in the meeting are able to communicate with each other. (6) If an annual general meeting is conducted by means of electronic or other communication facilities, participants are deemed to be present in person. 13 At each annual general meeting the board must submit a report of its operations and business during the preceding year. 14 (1) The elected members of the board are to be elected, by votes to be counted at the annual general meeting, for a term specified in the bylaws in the manner provided by this Act and the bylaws.

(2) The association, by a resolution at an extraordinary general meeting, may fill vacancies for elected members of the board. (3) A person may not be elected a member of the board unless the person is a practising land surveyor and has been a practising land surveyor continuously for the 3 month period before the annual general meeting. 16 (1) Any 6 practising land surveyors may, in writing, nominate a candidate for the board in any year from practising land surveyors. (2) The nomination must be sent to the secretary at least 2 months before the date of the annual general meeting, accompanied by the nominee's written consent to nomination.

18 At least 6 weeks before the date of the annual general meeting, the secretary must send each practising land surveyor a ballot paper in the form provided by bylaw, setting out the names of all nominees, their places of residence and, unless nominated by the board, the names of those nominating them. 19 (1) Sections 16 and 18 do not apply to an election of members of the board at an extraordinary general meeting. (2) Nomination of candidates may be made orally from the floor at an extraordinary general meeting. 20 (1) Voting at elections of members of the board at an annual general meeting is to be by ballot on ballot papers in the form provided by bylaw.

(2) A voter must personally mark the voter's ballot paper and fill in the declaration on it as provided by bylaw. (3) and (4) [Repealed 2004-21-27.] (5) For an election under subsection (1), a ballot paper containing more marks than the number of nominees to be elected is invalid and the votes recorded on it must not be counted. (6) Votes for membership on the board at an extraordinary general meeting must be cast by the voter writing on a ballot paper the names of the nominees for whom the voter votes. (7) For an election under subsection (6), a ballot paper containing the names of more nominees than there are vacancies to be filled is invalid and the votes recorded on it must not be counted.

21 (1) Except at an election held at an extraordinary general meeting, ballot papers must be delivered to the secretary before the closing of the ballot box at the annual general meeting. (2) Ballot papers received by the secretary by post are deemed to have been delivered. 24 A voter at an election has the right to be present when ballot papers are opened and scrutinized. 25 (1) At an election of members of the board held at a general meeting, the vacancies on the board must be filled by the candidates who receive the highest number of votes. (2) The president and vice president of the association must be elected as provided by bylaw.

26 (1) If at an election 2 or more candidates receive an equal number of votes, so that their election remains undecided, the election of the candidates required to complete the board must be determined as provided in subsections (2) to (4). (2) A scrutineer must at once put into a ballot box a slip of paper for each candidate whose election is undecided, with the candidate's name written on it. (3) The secretary must draw by chance, in the presence of the meeting, as many slips as there are vacancies on the board still to be filled. (4) The persons whose names are drawn are deemed to be elected. 27 On completion of the scrutiny and counting of votes and any drawing of lots under

section 26, the secretary must at once declare the result of the election and cause the names of those elected to be published in the Gazette within 30 days of declaring the result of the vote. 28 (1) The president is the chair of meetings of the board. (2) In the absence of the president, the vice president is the chair. (3) If both the president and the vice president are absent, the members of the board who are present may elect a chair. 29 (1) A meeting of the board may be called by the president or vice president. (2) A meeting of the board must be called by the president or vice president on the request of 3 members of the board.

(3) Notice of a meeting of the board is sufficiently given if mailed to its members at their last known addresses. 30 (1) Subject to subsection (1.1), meetings of the board must be held in the City of Victoria or another place determined by the board, and may be adjourned. (1.1) A meeting of the board may be conducted by means of electronic or other communication facilities, as long as all participants in the meeting are able to communicate with each other. (1.2) If a meeting of the board is conducted by means of electronic or other communication facilities, participants are deemed to be present in person. (2) The board must meet at least annually to admit candidates as members and for other business.

33 The secretary must do the following:
(a) keep a careful record of the proceedings of the association and the board;
(b) be responsible for custody of the common seal, records and archives of the association and board;
(c) certify copies of documents or extracts of documents from the records, as required;
(d) receive the money of the association, deposit it in a savings institution and make all authorized payments;
(e) render accounts to the annual general meeting showing receipts and payments for the year ending on the preceding December 31;
(f) render accounts required by the board;
(g) make and keep among the records of the association a register of members, with addresses, giving particulars of deaths, expulsion or suspension from membership and other particulars that the board directs;
(h) generally perform other services specified by the board or the association.

34 (1) The secretary must, immediately after February 1 in each year,
(a) provide to the Surveyor General and to the registrar of each land title district in British Columbia an alphabetical list of practising land surveyors, made up to that day, and
(b) publish the list in one issue of the Gazette in that month.

(2) The secretary, on receipt after February 1 in any year of all money due to the association from a practising land surveyor, together with a sum sufficient to pay the cost of publishing and providing a supplementary list, must
(a) prepare and publish once in the Gazette the name of each practising land surveyor who has since the publication under subsection (1) paid all money due from the practising land surveyor to the association, and
(b) provide a copy of every supplementary list to the Surveyor General and to the registrar of each land title district.

(3) If a practising land surveyor complains to the board that a name has been improperly inserted in or omitted from a list published under this section, the board must promptly examine the complaint and correct any error. (4) The board's decision under subsection (3) is subject to appeal under

section 67. (5) Any error in a list published under this section must be corrected in accordance with the decision on appeal. (6) Only the votes of persons whose names appear on the list of practising land surveyors at the date of a general meeting may be counted on any vote at that meeting. (7) Each year the secretary must publish in the Gazette the name of any practising land surveyor who since the publication of an earlier list of practising land surveyors has ceased to be a practising land surveyor. 35 A person must be admitted as a land surveyor in training if the person complies with the requirements of the bylaws.

35.1 The bylaws may specify any or all of the following:
(a) the form and term of training for a land surveyor in training;
(b) the fees to be paid by a land surveyor in training;
(c) the basis for admission as a land surveyor in training of an individual who has started similar training outside of British Columbia;
(d) the recognition of training outside of British Columbia as equivalent to training as a land surveyor in training for the purposes of this Act;
(e) setting the conditions under which a land surveyor in training may take an examination for admission as a land surveyor;
(f) setting conditions and fees for admission as a land surveyor.

44 A person registered as a land surveyor associate may be permitted to sit the examinations to become a land surveyor if the person complies with the bylaws. 45 A person must not be admitted as a land surveyor unless
(a) all of the following apply:
(i) the person is at least 19 years of age;
(iii) the person has satisfied the board that the person has passed all required examinations and has complied with this Act and the bylaws, or
(b) the person is a person whom the board is obliged under the Labour Mobility Act to admit as a land surveyor.

46 (1) Before becoming a land surveyor, a candidate for admission as a land surveyor must take and sign before a member of the board an oath or affirmation in the form established by bylaw. (2) The oath or affirmation must be kept among the records of the association. 47 Admission as a land surveyor is effected by resolution of the board and entry of the land surveyor's name in a register of members kept by the secretary.

48 A person admitted as a land surveyor who has complied with every prerequisite of the right to practise as a land surveyor, and has paid the sums specified by the bylaws for a commission and for the entry of the person's name in the register of members, must be issued a commission in writing in the form provided by bylaw and signed by the secretary and at least one other member of the board. 49 (1) On or before January 31 in each year, a member must pay to the secretary the annual membership fee for that year set by this Act or by bylaw. (2) A member continues to be liable for annual membership fees unless the person has resigned from membership.

(3) A member may resign membership by notice in writing to the secretary, but is liable for the annual membership fee for the year in which the notice is given. (4) A person who has resigned from membership may be readmitted as a member if the person
(a) applies in writing to the board,
(b) satisfies the board of the person's competence, and
(c) pays the annual membership fee for the year of application. (5) A member may not resign from membership while an inquiry or proceeding is pending under this Act about any act or conduct of that member.

(6) The resignation of a person from membership, and a notice given by the person under subsection (3)
(a) does not affect the exercise of a power of the board or a court under this Act in respect of that person or a matter or thing existing or done while the person was a member, and
(b) does not relieve the person from any discipline, penalty, liability or proceeding to which the person would otherwise be liable.

50 Subject to this Act and the bylaws, a land surveying company may carry on the business of providing land surveying services to the public through one or more persons each of whom is
(a) a practising land surveyor, or
(b) an employee of the land surveying company under the direct supervision of a practising land surveyor.

51 (1) The board must issue a land surveying company permit to a company within the meaning of the Business Corporations Act that is in good standing under that Act if the board is satisfied that
(a) the name of the company includes the words "land surveying",
(b) the majority of the voting shares of the company are legally and beneficially owned by one or more practising land surveyors or by one or more companies the majority of whose voting shares are legally and beneficially owned by one or more practising land surveyors,
(d) a majority of the directors of the company are practising land surveyors, and
(e) all of the persons who will be practising as land surveyors on behalf of the company are practising land surveyors or are under the direct supervision of a practising land surveyor.

(2) The board may refuse to issue a permit under subsection (1) if
(a) the land surveying company has previously had its permit revoked, or
(b) a shareholder of the land surveying company was a shareholder of a land surveying company that previously had its permit revoked. 52 (1) A company that has the words "land surveying" as part of its name must not carry on any business unless it holds a permit. (2) A land surveying company that holds a permit must not carry on any activities that would, for the purposes of the Income Tax Act (Canada), give rise to income from business, except the provision of land surveying services or services that are directly associated with the provision of land surveying services.

(3) No act of a land surveying company, including a transfer of property to or by the company, is invalid only because the company contravenes subsection (1) or (2). 53 A shareholder of a land surveying company must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a practising land surveyor the authority to exercise the voting rights attached to any or all of the shares. 54 (1) The liability for professional negligence of a member carrying on the practice of land surveying is not affected by the fact that the member is carrying on that practice as an employee of a land surveying company.

(2) The relationship of a member to a land surveying company, whether as a shareholder, director, officer or employee of the company, does not affect, modify or diminish the application to the member of this Act and the bylaws. (3) Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships between a land surveyor and a person receiving the professional services of that land surveyor. (4) The relationship between a land surveying company carrying on business as permitted under this Act and a person receiving land surveying services provided by the company is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a member and the member's client.

55 (1) The board may, after a hearing, revoke the permit issued to a land surveying company if
(a) in the course of providing land surveying services the company does anything that, if done by a member, would be conduct unbecoming a member,
(b) the company contravenes

section 52, or
(c) the company ceases to comply with a condition of qualification for a permit referred to in

section 51 or a condition under section 56 (1) (c) or (2). (2) Rather than revoking a permit under subsection (1), the board may
(a) discipline one or more of the shareholders of the land surveying company, or
(b) impose a fine on the land surveying company in an amount of not more than $10 000. (3) If a permit is revoked under this section, the board must inform the Registrar of Companies and the Registrar of Companies must amend the name of the company whose permit has been revoked
(a) by deleting the words "land surveying" from it, and
(b) by making any other amendments to it that the Registrar of Companies considers necessary or advisable.

(4) All shareholders, directors, officers and employees of a land surveying company may be
(a) compelled to give evidence at a proceeding under this Act, other than as a member against whom a proceeding is brought under

section 60, or
(b) required to produce all files and records that are in their possession or power and that are relevant to matters raised in the proceeding referred to in paragraph (a).

56 (1) The board may make rules that it considers necessary or advisable for the purposes of sections 50 to 55, including rules
(a) respecting the issue and renewal of permits, including
(i) the establishment of a procedure to obtain a permit and a renewal of a permit, and
(ii) setting fees for the obtaining of a permit or a renewal of a permit,
(b) respecting procedures for revocation of permits, including the adaptation, in a manner that the board considers necessary or advisable, of rules respecting proceedings before the board,
(c) setting conditions that may be attached to permits that are issued or renewed under this Act,
(d) respecting names and the approval of names, including the types of names by which a land surveying company may be known, and
(e) respecting the disposition of shares of a shareholder of a land surveying company who
(ii) remains a member but ceases to be a practising land surveyor.

(2) The board may, as a condition of issuing or renewing a permit, set an amount of insurance that the holder of the permit must carry or must provide to each of its employees for the purpose of providing indemnity against professional liability claims. (3) The rules under subsection (1) or the amount set under subsection (2) may be different for different permit holders, at the discretion of the board. 57 The bylaws made under

section 4 apply to land surveying companies, and the association and the board may exercise the powers given by this Act and the bylaws to enforce the bylaws made under section 4. 58 Sections 65 to 69 apply to a land surveying company as though it were a member. (a) engage in the practice of land surveying, or
(b) purport to be, or be held out to the public as, a land surveyor or authorized under this Act to engage in the practice of land surveying
unless the person
(c) is a practising land surveyor, or
(d) practises as authorized by this Act through a land surveying company.

(2) This Act does not affect or interfere with the right of
(a) a lawyer to engage in the practice of law under the authority of the Legal Profession Act,
(b) a notary public to provide notary services under the authority of the Notaries Act,
(c) an architect to engage in the practice of professional architecture under the authority of the Architects Act,
(d) a professional engineer to engage in the practice of professional engineering under the authority of the Professional Governance Act,
(e) a professional geoscientist to engage in the practice of professional geoscience under the authority of the Professional Governance Act, or
(f) a person entitled to use the designation "applied science technologist" or "certified technician" under the authority of the Professional Governance Act to perform the work usual to such designations,
if that practice or work or those services do not involve the determination or certification of a boundary or natural or artificial features in relation to a boundary.

(3) Subject to subsection (4), a person must not use or display the designation "B. C. Land Surveyor", "British Columbia Land Surveyor", "land surveyor", "Professional Land Surveyor" or "Provincial Land Surveyor" or the initials "B. C. L. S." or "P. L. S." unless the person is a practising land surveyor. (4) A land surveyor whose name has been placed on a list of nonpractising land surveyors, on application by the land surveyor to the association, may use the designations or initials, the use of which is restricted by subsection (3), if the designation or initials are followed by the designation "Not Practising" or "Retired" or the abbreviation "N.P." or "Ret." (5) A person who contravenes subsection (1) or (3) commits an offence.

(6) This section does not apply to a land surveying company. 59.1 (1) A practising land surveyor engaged in the practice of land surveying, or a person performing, for a practising land surveyor, duties in relation to the practice of land surveying, must be permitted to pass over any land without hindrance from any person.

(a) a practising land surveyor entering or on the land must show identification and proof that the land surveyor is registered with the association as a practising land surveyor, and
(b) a person entering or on the land and performing, for a practising land surveyor, duties in relation to the practice of land surveying must show identification and proof that the person is acting for a practising land surveyor. (3) Subsection (1) ceases to apply to a practising land surveyor, or to a person performing, for a practising land surveyor, duties in relation to the practice of land surveying, who fails or refuses to comply with subsection (2).

59.2 A person commits an offence who
(a) refuses to permit a practising land surveyor engaged in the practice of land surveying, or a person performing, for a practising land surveyor, duties in relation to the practice of land surveying, to pass over any land, or
(b) interferes with a practising land surveyor engaged in the practice of land surveying or with a person performing, for a practising land surveyor, duties in relation to the practice of land surveying.

59.3 If a practising land surveyor or a person performing, for a practising land surveyor, duties in relation to the practice of land surveying causes damage on land, a court of competent jurisdiction, on application of an owner or occupier of the land or another person injured, may order the land surveyor to pay compensation to the owner, occupier or other person for the owner's, occupier's or other person's damages.

60 (1) If the board determines that a member has breached or is in breach of a bylaw of the association or that a former member had, while a member, breached a bylaw of the association, the board may do one or more of the following by order:
(a) censure the member or former member;
(b) suspend the member for a period, not longer than 6 months, that the board thinks fit;
(c) fine the member or former member an amount not more than $5 000;
(d) order the member to participate in a peer mentoring or educational program at the member's expense;
(e) suspend the former member from the right to be reinstated as a member for a period, not longer than 6 months, that the board thinks fit and place conditions on the former member's right to be reinstated as a member, including the condition that the former member participate in a peer mentoring or educational program at the former member's expense.

(2) If the board determines that a member has been guilty of unprofessional conduct or that a former member, while a member, was guilty of unprofessional conduct, the board may do one or more of the following by order:
(b) suspend the member for a period that the board thinks fit or expel the member;
(c) fine the member or former member an amount not more than $10 000;
(e) suspend the former member from the right to be reinstated as a member for a period that the board thinks fit and place conditions on the former member's right to be reinstated as a member, including the condition that the former member participate in a peer mentoring or educational program at the former member's expense;
(f) prohibit the former member from applying to be reinstated as a member.

(3) Unprofessional conduct includes, among other things, falsification of documents and the negligent or improper performance of a professional duty. (4) The board may expel from membership, or suspend for a period it thinks fit, a member convicted of a criminal offence which, in the board's opinion, involves moral turpitude. (5) The board may order payment by a member whom it has found guilty of an offence, of the costs of any hearing relating to the offence, including the expenses of witnesses. (6) The amount of the costs ordered under subsection (5) must be ascertained and certified by the secretary. (7) The secretary must send a copy of a certificate made under subsection (6) to the offender.

(8) Within 10 days of receiving a certificate under subsection (7), an offender may appeal to the board by notice in writing. (9) A decision of the board under subsection (8) is subject to further appeal under

section 66. (10) The board may, by order made at any time, suspend an offending member until the member pays any costs which the board has ordered the member to pay. (11) The association may recover the costs as a debt by action in a court of competent jurisdiction. (12) The powers conferred by this section may be exercised against a member while the member is under suspension.

61 (1) Before disciplining a member or former member, the board must summon the member or former member to appear before them by summons signed by the secretary, or, in the secretary's absence, by 2 members of the board, giving the member or former member reasonable notice and indicating with reasonable particularity the matters the member or former member will be called on to answer. (2) If a member or former member fails to appear as required by a summons, the board may proceed in the member's or former member's absence and make any order or decision it could have made if the member or former member were present. 62 (1) By a summons issued in the same way as a summons under

section 61, the board may require
(a) the attendance of a witness at a hearing involving the conduct of a member or former member, and
(b) the production of any records. (2) The board may examine witnesses under oath. (3) A summons issued by the board has the force of a subpoena issued out of the Supreme Court. (4) A witness who disobeys a summons issued by the board or refuses to be sworn or give evidence is liable, on application to the Supreme Court, to attachment, fine or other punishment the court thinks fit.

63 (1) The board has full power to inquire into a suspected breach of a bylaw or suspected unprofessional conduct by a member or former member, and, without any complaint having been made, may summon the member or former member to appear before the board for examination as to the matters specified in the summons. (2) On return of the summons or at an adjournment of the hearing, the board may examine the member or former member on oath. (3) If a member or former member is summoned under this section, the board may discipline the member or former member under

section 60 if the member or former member
(a) fails to appear before the board,
(b) refuses to be sworn or to answer questions put to the member or former member to the board's satisfaction, or
(c) is found by the board, on examination or on the evidence of witnesses, to have been guilty of breach of a bylaw or of unprofessional conduct. (4) The powers conferred by this section may be exercised against a member or former member whether or not the member or former member is under suspension. (5) In proceedings under this section a member of the board is not disqualified merely because the board proceeded on its own motion or at the instance of a member of the board.

(6) In proceedings under this section all members of the board, whether initiators of the proceedings or not, are entitled to sit and adjudicate at any hearing. 64 Any number of offences or of alleged or suspected offences may be dealt with at one hearing and disposed of in one order. 65 If a member or former member is disciplined under

section 60 (1) (b) or (e) or (2) (b), (e) or (f)
(a) the secretary must record the effect of the discipline order against the name of the member or former member in the register of members, and
(b) a notice of the discipline order must be published in the Gazette within 15 days of the making of the order. 66 An order or decision of the board under

section 34, 60, 61 or 63 may be appealed to the Supreme Court by the member or former member affected. 67 (1) An appeal to the Supreme Court under

section 66 must be made by service of a notice of appeal, containing the grounds of appeal, within 30 days from the date the appellant first had notice of the board's order or decision, or if notice of the order or decision is published in the Gazette, within 30 days of the publication. (2) The notice of appeal must be served on the board.

(3) Within 10 days after service of notice of appeal, the appellant must
(a) set down the appeal for hearing as though it were a trial,
(b) deposit a record of all proceedings before the board for the use of the court, and
68 (1) On the hearing of an appeal, the court must proceed on the record of the proceedings before the board, unless the court, for special reasons, directs further evidence to be received. (2) On the hearing of an appeal, the court may review the decision of the board on the facts and the law, and reverse or confirm all or part of it, or remit the proceedings to the board for a rehearing.

(3) The court may reverse a decision only if it appears that substantial justice has not been done. (4) On the hearing of an appeal, the court has a discretion like that of the board and may
(a) make any order which the board should have made,
(b) modify a penalty imposed, or
(c) impose the penalty which the board should have imposed. (5) Appeals must be heard in the City of Victoria or of Vancouver, unless otherwise agreed by the board and the parties concerned. 69 An order or decision of the board must not be quashed or reviewed by any means other than an appeal as provided in this Act.

70 On application of the board and on being satisfied that there is reason to believe that there is or will be a contravention of this Act, the Supreme Court may grant an injunction restraining a person from continuing or committing the contravention, and, pending disposition of the action seeking the injunction, the court may grant an interim injunction. 71 An action may not be brought against the board or a member of it for anything done in good faith in pursuance or intended pursuance of this Act. 72 Copies of records of the association certified under the signature of the secretary and the seal of the association are admissible in all courts in British Columbia as evidence of the original records.

73 All fees, fines, penalties and costs receivable or recoverable under this Act, other than under

Section 5 of the Offence Act does not apply to this Act or to the bylaws of the association. 75 (1) For the purposes of this Act and the following enactments, the association may make rules for surveys and plans, including plans in electronic format:
(a)

section 73 of the Land Act;
(c) sections 12 (2) and 14 (1) of the Land Survey Act;
(d)

section 112 (1) (g) of the Energy Resource Activities Act;
(h) sections 68 (4) and 244 (1) (e) of the Strata Property Act.

(2) Without limiting subsection (1), the association may do one or more of the following:
(a) make rules for the design and specifications for permanent survey monuments or reference posts;
(b) for the purposes of a rule made under subsection (1), provide for the exemption of a particular survey from the application of rules made under subsection (1);
(c) make rules requiring a land surveyor to report damage to or destruction of a control monument to the Surveyor General;
(d) for surveys under the Land Act, make rules allowing new posts to be set on existing lines without retracement in appropriate circumstances if certain conditions are met;
(e) make rules allowing modified posting of bare land strata lots for the purposes of the Strata Property Act.

(3) Rules made under subsections (1) and (2) do not have effect until approved by order of the Surveyor General. (4) The Surveyor General may recommend to the association that the association make a rule or amend a rule made under this section and, if the association fails to act on the recommendation within the time specified by the Surveyor General, the Surveyor General, by order, may amend the rules made by the association. Copyright © King's Printer, Victoria, British Columbia, Canada

section 75
Division 3 — Appointment, Powers and Duties of Approving Officers
77
Appointment of municipal approving officers
77.1
Appointment of regional district and islands trust approving officers
77.2
Provincial approving officers
77.21
Appointment of treaty first nation approving officers
77.3
Nisg̱a'a approving officer
78
Certain designations prohibited on subdivision plans
79
Repealed
80
Controlled access highways
81
Land in improvement districts
82
Repealed
Division 4 — Approval of Subdivision Plans
83
Tender of plan for examination and approval
83.1
Referral to designated highways official
84
Plan tendered later than 3 months after survey
85
Time limit for approval and consideration of public interest
85.1
Environmental Management Act
requirements must be met
86
Matters to be considered by approving officer on application for approval
87
Local government matters to be considered by approving officer
88
Approval of plan
89
Appeal to Supreme Court
90
Power of Lieutenant Governor in Council to prohibit deposit of plan
Division 5 — Deposit of Subdivision Plans
91
Approval of subdivision plan required
92
Application for deposit
93
Title to land in plan required to be registered
94
Endorsement of certificate
95
Accreted land within plan
96
Water boundary deemed to be natural boundary
97
Signatures of owners to plan
98
New indefeasible titles for parcels shown on deposited plan
Division 6 — Other Methods of Defining New Parcels
99
Registrar to determine whether description of land acceptable
100
Re-establishment of boundaries
101
Principles guiding approving officer
102
Dedication by reference or explanatory plan
103
Execution of plan by owner
104
Serial deposit number
Division 7 — Conflicting Measurements
105
Power of registrar if measurements on plans conflict
106
Power of registrar to correct errors, defects or omissions
Division 8 — Vesting of Title by Deposit of Plan
107
108
If designation on plan "Returned to Crown in right of the Province"
109
Extinguishment of highway not shown on plan
Division 9
110
Repealed
Division 10 — Penalties If Plan Not Deposited
111
Rights of purchaser when plan not deposited
112
Penalty for failure to deposit plan of subdivision
Division 11 — Statutory Right of Way Plans
113
Deposit
114
Statutory right of way plan may be used in application to register fee simple
115
Deposit of statutory right of way plan
116
Requirements of statutory right of way plans
117
Widening of statutory right of way
118
When water boundary deemed natural boundary
119
Alteration in deposited statutory right of way plan
Division 12 — Plans and Descriptions to Accompany Bylaws
120
Municipal bylaw cancelling highway or public square dedication
Part 8 — Cancellation of Plans
121
Definitions and interpretation
122
Cancellation of plans by application to the registrar
123
Petition to cancel plan
124
Report of approving officer and district highways manager
125
Service of petition and other documents
126
Publication and posting
127
Notice of intention to appear
128
Place of hearing
129
Powers of registrar in relation to the hearing
130
Duties of registrar on hearing the petition
131
Powers of the registrar to cancel or alter a plan
132
Opposition by local authority
133
Opposition by minister
134
Preparation and registration of order
135
Registrar may vest an estate in fee simple
136
Cancellation by minister of plan comprising Crown land
137
Cancellation of interior lines
Part 9 — Air Space Titles
138
139
Air space is land
140
Covenant to grant easements or to convey restrictive covenants not implied
141
Subdivision of land into air space parcels
142
Air space parcels in respect of highways
143
Air space plan
144
145
Taxation
146
Part 10 — Applications for Registration and Evidence in Support
147
Application required
148
Form and manner of applying
149
Address of applicant
150
Particulars as to witness and parties to instrument
151
Repealed
152
Description of foreign government
153
Time of application
154
Application for registration of fee simple
155
Application for registration of charge
156
Application must be for all lands or charges comprised in instrument
157
Forms
158
Restrictions as to scope of application
159
Registrar may require deposit of instruments
160
Summons to produce instruments
161
Application to court to compel production or deposit of instruments
162
Powers of court on hearing
163
Notice of intention to register
164
Registration after notice
165
Corporate powers assumed
166
Disposal of instruments deposited
167
Withdrawal of application
168
Summary rejection of defective application
Part 10.1 — Electronic Filing
168.1
168.11
Application of other provisions of Act
Division 1.1
168.111
Repealed
Division 2 — Electronic Filing
168.12
Repealed
168.2
Electronic filing
168.21
Effect of electronic filing
168.22
Directions on electronic filing
Division 2.1
168.712-
168.77
Repealed
Division 3 — Special Rules for Certain Documents
168.3
Plans — preparation by land surveyor
168.31
Plans — signature of other persons
168.32
Charges — cancellation by corporate registered owner
168.33
Supporting documents
168.71
Repealed
168.78
Not enacted
168.79-
168.82
Repealed
Division 4 — Certification by Designate
168.4
Designates
168.41
Documents executed or witnessed
168.42
Plans
168.43
168.9
Repealed
168.91
Repealed
Division 5 — General
168.5
Original document
168.51
Copies of electronic documents
168.52
Admissibility of execution copies
168.53
Delivery in registrable form
168.54
Deeds
168.55
Corrective declarations
168.56
Amendments to electronic plans
168.57
Production of evidence
168.58
Disposal of electronic documents
Division 6 — Certification of Subscribers
168.6
168.61
Certification authority
168.62
Certification practice statement
168.63
Warranties of certification authorities
168.64
Immunity
Division 7 — Offences
168.7
Offences
Part 11 — Registration of Title in Fee Simple
Division 1 — First Registration
169
Registration of title
170
Requirements as to production of title deeds
171
Adverse possession
172
First estate of inheritance necessary to registration of fee simple
173
Several persons interested in registration
174
Application to convert absolute fee into indefeasible title
Division 2 — The Register and Duplicate Indefeasible Titles
175
Register and records
176
Duplicate indefeasible title
177
Registration of joint tenants
Division 3 — General
178
Limitation on number of parcels
179
Rights of owner of surface
180
Recognition of trust estates
181
Interest or right reserved to transferor
182
Registration of restrictive covenants and easements
183
Entries carried forward from original entry
184
Registration of grantor a condition precedent
Part 12 — Transfers
185
Form of transfer
186
Implied covenants
187
Registration of transferee
188
Registration by amendment to register
189
Dealings with duplicate indefeasible title on transfer
190
Destruction of duplicate indefeasible title
Part 13 — Dealings With Indefeasible Title Other Than by Registration
191
Registration of new indefeasible title and change of name
192
Registration of several indefeasible titles instead of original
193
Lost indefeasible certificate of title
194
Effect given to new or provisional indefeasible title
195
Surrender of duplicate indefeasible title on registration of charge
196
Provisional title may issue to minerals
Part 14 — Registration of Title to Charges
Division 1 — General
197
Registration of charges
198
Registration of person creating charge
199
Registration of subcharges
200
No subright to purchase registrable
201
Registration of assignment of charge
202
Repealed
203
Floating charges on land
204
Registration of debt to the government as a charge
205
Writ of affecting land
206
Registration of transfer, extension or modification of charges
207
Form of postponement
208
Certificates of charge
209
Transfer of mortgage
Division 2 — Judgments
210
Registration of judgments in same manner as charge
211
Registration of assignment of judgment and form of assignment
212
Notice to judgment creditor of intention to register
213
Costs on failure to establish priority
214
Form of release
Division 3 — Certificate of Pending Litigation
215
Registration of certificate of pending litigation in same manner as charge
216
Effect of registered certificate of pending litigation
217
Effect of certificate of pending litigation if prior application is pending
Division 4 — Statutory Rights of Way, Miscellaneous Covenants and Easements
218
Statutory right of way
219
Registration of covenant as to use and alienation
220
Statutory building scheme and letting scheme
221
Requirements of registrable restrictive covenant
222
Discriminating covenants are void
223
Subdivision of dominant tenement
Division 4.1 — Party Wall Agreements
223.1
223.2
Binding effect
Division 5 — Mortgages
224
225
Form of mortgage
226
Modification of standard terms
227
Prescribed standard mortgage terms
228
Filed standard mortgage terms
229
Receipt of standard mortgage terms by mortgagor
230
Registrar may require filing
231
Effect of a mortgage
Division 6 — General Instruments
232
Definitions and application
233
Form of general instrument
234
Modification of standard terms of general instrument
235
Filed standard general instrument terms
236
Effect of a general instrument
237
Release of registered charge
Part 15 — Instruments
238
Registration of instruments
239
240
Suspension and alteration
Part 16 — Cancellation of Charges
241
Cancellation of registration of charge
242
Application to cancel mortgage created by vendor
243
Redemption of mortgage if mortgagee absent
244
Mortgagee's refusal or neglect to give discharge
245
Vesting order in favour of purchaser
246
Cancellation if charge determined by effluxion of time
247
Cancellation of lease on breach of covenant
248
Effect of cancellation
249
Power of court to order cancellation of charge
250
Cancellation of charge on payment into court
251
Application to court
252
Cancellation of certificate of pending litigation
253
Cancellation of certificate of pending litigation if action discontinued
254
Cancellation of certificate of pending litigation if action dismissed
255
If action neither dismissed nor discontinued
256
Cancellation of certificate of pending litigation on other grounds
257
Power of court to order cancellation
258
Cancellation of registration
259
Discharge of mortgage
Part 17 — Transmission of Fee Simple and Charge
260
Registration of transmission before subsequent dealing
261
Conveyance under
Court Order Enforcement Act
or
Builders Lien Act
262
Registration of land vested in Crown by statute
Division 2 — On Death of Will-Maker or Intestate
263
264
Power and title of personal representative on registration
265
Death before April 1, 1947
266
Death after March 31, 1947
267
268
When resealing may be dispensed with
Division 3 — On Death of Joint Tenant
269
Transmission re joint tenancies
270
Discharge of mortgage by surviving joint tenant
Division 4 — On Foreclosure
271
Presumption as to regularity of foreclosure and cancellation proceedings
Division 5 — Tax Sales
272
Notice of tax sale as to each parcel sold
273
Notice of redemption of tax sale land
274
Application to other Acts
275
Registration of tax sale purchaser under
Taxation (Rural Area) Act
276
Effect of registration of title derived from tax sale
277
Provincial tax sale purchaser under repealed Acts
278
Land forfeited to or vested in Crown
279
Tax sales held under
280
Application to the government
Part 18 — Notice of Certain Conditions and Obligations
281
Forest Act
Part 19 — Caveats
282
Lodging caveat
283
Right of registered owner to lodge caveat
284
Power of court to issue injunction
285
Power of registrar to lodge caveat
286
Form of caveat
287
Duty of registrar on receipt of caveat
288
Effect of caveat
289
Proceedings for discharge of caveat
290
Withdrawal of caveat
291
Further caveat lodged after caveat has lapsed, been withdrawn or discharged
292
Registration of withdrawal, lapse or discharge of caveat
293
Lapse of caveat
294
Compensation if caveat lodged wrongfully
Part 19.1 — Land Title and Survey Authority Assurance Fund
294.1
294.11
Establishment and maintenance of assurance fund
294.12
Application of this Part
294.2
Remedies of person deprived of land
294.21
Protection of purchaser in good faith and for value
294.22
Fault of registrar
294.3
Notice of actions against Land Title and Survey Authority
294.4
Liability of plaintiff for costs
294.5
Judgment against person liable
294.6
Limitation of liability of fund
294.61
Recovery limited to value of land
294.7
Payment from fund without action
294.8
Payment by Land Title and Survey Authority
294.9
Withholding of payment until proceedings concluded
Part 20 — Government Assurance Fund
294.91
295
Maintenance of assurance fund
295.1
296
297
298
299
Notice of actions against minister
300
301
Actions against minister
302
303
Limitation of liability of assurance fund
304
305
Payment from assurance fund without action
306
Payment from consolidated revenue fund
307
Part 21 — Appeals
308
Duty of registrar to notify applicant of refusal of registration
309
Appeal to court
310
Preservation of applications
311
Appeals from decision of registrar
312
Registrar to act on order of court
313
Registrations made under order of court
314
Power of registrar to state case
Part 22 — Notices
315
Powers of registrar regarding preparation and service of notice
316
Personal service
317
Service by mail
317.1
Service by electronic means
318
Substituted service
319
Service if person is dead
320
Effect of service
321
Rights of purchaser for value protected
Part 23 — Special Surveys
322
323
Minister may order special survey
324
Apportionment of costs if land within municipality
325
Apportionment of costs if land is in a rural area
326
Power to amend order if land subsequently becomes included within municipality
327
Advancement of costs by municipality or owners
328
Transmittal of copy of order to proper officer and registrar
329
Notice of special survey
330
Surveyor to act under minister
331
Preliminary procedure
332
Supplemental order or direction of minister
333
Procedure for fixing boundary of survey area
334
Transmittal of copy of supplemental order to proper officer and registrar
335
Guiding principles for surveyor
336
Nature of survey
337
Plans
338
Appointment of substituted surveyor
339
Report of surveyor
340
Notice to registrar
341
Notice to corporate officer
342
Notice of completion of survey
343
Notice of hearing
344
Statement of complaint or claim
345
Hearing by minister or appointed person
346
Subpoena
347
Method of conducting hearing
348
Power of minister to decide complaints and claims and make order
349
Principles for determining compensation
350
Approval of survey and plan by Lieutenant Governor in Council
351
Power to vest land
352
Notice of order in council approving of survey
353
Appeal
354
Entry of appeal
355
Registration
356
Method of registration
357
Effect of registration
358
Notice of registration
359
Assessment within municipalities
360
Assessment in rural area
361
Duty of surveyor to destroy conflicting monuments
362
Recovery of compensation and costs
363
Removal of special survey monuments
364
Power of Lieutenant Governor in Council to correct errors
365
Offence and penalty
Part 23.1 — Execution of Instruments by or on behalf of First Nations
365.1
365.2
Execution of instrument by or on behalf of First Nation
365.3
First Nation powers assumed
Part 24 — Registration of Title to Indian Lands
366
367
Filing of patent
368
Application for registration of Indian land — general
369
Where application affects unregistered Indian land
370
If application affects registered Indian land
371
Other laws not to affect Torrens system
372
Execution of instruments
373
Liability limited
373.1
Not in force.

Part 24.01 — Treaty Lands
373.11
Application of Act to treaty lands
Part 24.1 — Nisg̱a'a Lands and Categories A and B Lands
Division 1 — Treatment of Nisg̱a'a Lands and Institutions
373.2
Effect of indefeasible title to Nisg̱a'a Lands
373.21
Assignment of distinguishing letter by registrar
373.22
Requirements as to subdivision in respect of Nisg̱a'a Lands
373.23
373.3
373.31
373.32
Matters to be considered in respect of land within Nisg̱a'a Lands
373.33
Acceptable descriptions of land
373.4
373.41
373.42
Designation of plans in respect of submerged lands
373.43
Repealed
373.44
373.5
Nisg̱a'a law to be filed if closing road or public square
373.51
Definitions for applying Part 8
373.52
Cancellation of plans
373.53
Air space
373.6
373.61
Registration of debt owing to Nisg̱a'a Nation or Nisg̱a'a Village
373.62
373.63
373.64
Registration of land vested under Nisg̱a'a law
373.7
Notice of tax sale or redemption of tax sale land
373.71
Effect of registration of title or leasehold interest derived from tax sale
373.72
Division 2 — First Registration of Title to Nisg̱a'a Lands
373.73
Plan required with application for first registration
373.8
Conclusive evidence of good safe holding and marketable title
373.81
Additions to Nisg̱a'a Lands
373.82
Execution of instruments in respect of Nisg̱a'a Lands
Division 3 — Registration of Categories A and B Lands
373.9
Requirements for first registration of Categories A & B Lands
373.91
Effect of indefeasible title to Categories A & B Lands
Part 24.2 — Cancelling Registration of Reserve Lands Registered to Canada
373.92
Cancelling registration of reserve lands registered to Canada
Part 25 — Miscellaneous
374
Record of names
375
Record of registered land
376
Pending applications
377
Searching of records
378
Registrar to provide certificates
379
Certificate as evidence
380
Lost or destroyed instruments
381
Rights of officers of taxing authorities
382
Powers and duties of registrar
383
Registrar to cancel or correct instruments, etc.

383.1
Public Agency Accommodation Act
amendments
383.2
Homeowner Protection Act
384
Preservation of registry records and plans
384.1
Records of Land Title and Survey Authority
385
Power to make regulations
386
Fees
386.1
Fees specified in Schedule 2
386.2
Fees payable despite other enactments
387
Offence of fraud
388
Offence of false representation
389
Application of
390
Penalties
391
Conviction not to affect liability
392
Contaminated land
393
Transitional
394
Transitional — removal of notations made under the
Forest Land Reserve Act
Schedule 1
Schedule 2

section 367 (2) (b) of the Land Title Act. [am. B.C. Regs. 17/2005, Sch. 2; 76/2022, s. 8.] [Band Name] Torrens System Adoption Law
2 (1) Subject to subsection (2), the provisions of the Interpretation Act, R.S.B.C. 1996, c. 238, the Land Title Act, R.S.B.C. 1996, c. 250 and regulations made under the Land Title Act apply for the purpose of interpreting the provisions of this law. "band" means the [band name];
"council" means "council" as defined in

section 366 (1) of the Land Title Act;
"Indian land" means "Indian land" as defined in

"law" means this law or a law referred to in this law and the provisions of the Interpretation Act that apply to "regulation" as defined in

section 1 of that Act apply to a law;
"Torrens system" means the "Torrens system" as defined in

section 366 (1) of the Land Title Act. 3 (1) By this law the band adopts the Torrens system and makes it applicable to Indian land of the band in the manner set out in this law. (2) Where the band is owner of Indian land in fee simple and applies under the Land Title Act for registration of an indefeasible title to all or part of that land, the Torrens system applies for the purposes of the application. (3) The band shall not make the application referred to in subsection (2) in respect of Indian land until the band, by a law in the form set out in the Appendix, has authorized the application in respect of that Indian land.

(4) On registration of an indefeasible title to the Indian land described in the application referred to in subsection (2), the Torrens system applies to that land for all purposes. 4 (1) The band appoints the Land Title and Survey Authority and all of its employees to administer the Torrens system and apply it for the purposes of this law or a law referred to in the Appendix. (2) For the purposes of subsection (1), an employee of the Land Title and Survey Authority has all power and authority necessary to perform a duty or exercise a power conferred on the employee by an enactment.

(3) The fees established under the Land Title Act apply for the purposes of this law and the Land Title Act applies to the payment of these fees. 5 (1) The band shall give 90 days written notice to the minister of its intention to amend or repeal this law. (2) A notice under subsection (1) shall include a copy of the provisions by which the band proposes to amend or repeal this law. (3) A law that amends or repeals this law shall have no effect until
(a) the 90 day period referred to in subsection (1), or
(b) a shorter period agreed upon by the minister and the council of the band,
has ended. Appendix
[Band Name] Land Title Registration Law No. [ ]
2

Section 1 of the [band name] Torrens System Adoption Law applies for the purposes of this law. 3 (1) The council is authorized to apply under the Land Title Act for registration of an indefeasible title to the land described in the Schedule. (2) For the purposes of the Land Title Act, the signature of a member of the council or of another individual specified on the application form as an authorized signatory for the band constitutes sufficient authority for the registrar to receive and act on the application.

4 On the making of this law,
(a) notice of the date it was made and of the date it takes effect,
(c) a copy of the survey plan referred to in the Schedule to this law, and
(d) a copy of the document by which the band intends to apply for registration of an indefeasible title
shall be forwarded to the Minister of Indian Affairs and Northern Development or a person designated by the minister for the purposes of receiving such notices. Schedule to the [Band Name] Land Title
Registration Law No. [ ]
1 [Set out description of the Indian land covered by the application with reference to the patent supporting it.]

2 [Set out a description of the survey plan that establishes the boundaries of the land in respect of which the application is made. The description must be sufficient to incorporate the plan by reference and the survey plan referred to must
(a) conform to the standards and regulations of the Surveyor General for deposit under the Land Title Act, and
(b) be tendered to the land title office in accordance with

section 67 (s) of the Land Title Act at the time the application is made unless the plan is already on deposit in the land title office.] [Provisions relevant to the enactment of this regulation: Land Title Act, R.S.B.C. 1996, c. 250, s. 367 (2) (b).] Copyright © King's Printer, Victoria, British Columbia, Canada

section 85 (3) of the Land Title Act, may refuse to approve the subdivision plan if the approving officer considers that it does not provide access to the land in the subdivision, its remainder and the lands contiguous to the subdivided property, or lands dependent upon the subdivided property, or land dependent upon the subdivided property for its sole access by means of an adequate road allowance for a frontage road, service road or local street. [am. B.C. Regs. 546/2004, App. s. 20; 76/2022, s. 6.] 2 Where a plan of subdivision affects land that is the subject of an implementation agreement under

section 451 (2) [implementation agreements] of the Local Government Act, the approving officer may, in addition to the grounds for refusal stated in section 86 (1) (c) of the Land Title Act, refuse to approve the subdivision plan if the approving officer considers it does not comply with the implementation agreement. [en. B.C. Reg. 6/99; am. B.C. Regs. 117/2018, s. 2; 76/2022, s. 3.] 3 The fee for examination of a subdivision plan under

section 83 of the Land Title Act by a Provincial approving officer is the sum of
(b) $100 for each parcel, including a remainder parcel, that
(i) is created by the subdivision, and
(ii) lies wholly or partly within a rural area. [en. B.C. Reg. 198/2015, s. 1.] [Provisions relevant to the enactment of this regulation: Land Title Act, R.S.B.C. 1996, c. 250, ss. 83 (3) and 86 (2).] Copyright © King's Printer, Victoria, British Columbia, Canada

section 2;
"bylaws" means the bylaws of the Authority made under this Act;
"chief executive officer" means the chief executive officer appointed under

section 33 or 44;
"director", except in reference to a director of a stakeholder entity in

section 9 (2) (f) [persons qualified to be directors] and in the second reference to a director in section 27 (1) (c) (ii) [disclosable interests], means an individual who is a member of the board of directors of the Authority;
"First Nations Summit" means the Summit as defined in the Treaty Commission Act;
"FNCIDA agreement" has the same meaning as "agreement" in the FNCIDA Implementation Act;
"operating agreement" means an agreement between the government and the Authority respecting the land title and survey systems of British Columbia, as amended from time to time;
"senior officer" has the same meaning as in the Business Corporations Act and, except in the second reference to a senior officer in

section 27 (1) (c) (ii) [disclosable interests], includes
(a) the Director of Land Titles appointed under the Land Title Act,
(b) the registrar, as defined in the Land Title Act,
(c) the Surveyor General and deputy Surveyor General appointed under

(d) the administrator under the Land Owner Transparency Act;
"stakeholder entity" means any of the following:
(b) the Law Society of British Columbia;
(c) the Association of British Columbia Land Surveyors;
(d) the British Columbia Real Estate Association;
(e) the British Columbia Association of Professional Registry Agents;
Part 2 — Authority Established
2 (1) The Land Title and Survey Authority of British Columbia is established as a corporation without share capital and consists of a board of directors appointed under this Act. (2) The Authority has the power and capacity of an individual of full capacity. (3) The Authority is not organized, and must not be operated, for profit.

(4) The Authority must have a corporate seal, which may be engraved, lithographed, printed or otherwise reproduced. (5) The Authority is not an agent of the government except when executing a Crown grant under the Land Act or in accordance with the express terms of a written agreement with the government. (6) The Authority may carry on any necessary or advisable activities both inside and outside of British Columbia. 3 If the Authority is dissolved, after payment of all debts and liabilities, its remaining property must be distributed to a not for profit successor corporation with similar purposes.

4 (1) The purposes of the Authority are
(a) to manage, operate and maintain the land title and survey systems of British Columbia,
(b) to facilitate the execution of Crown grants,
(b.1) to manage, operate and maintain a land title system for a first nation under an FNCIDA agreement,
(c) to carry on other necessary or advisable activities related to land title or survey systems, and
(d) to carry on necessary or advisable activities contemplated under the Land Owner Transparency Act related to the administration of that Act and the regulations under that Act, including, without limitation, managing, operating and maintaining information systems for the purposes of that Act and those regulations. (2) All money earned by the Authority must be used for the purposes of the Authority.

5 (1) In this section, "property" means all property of the Authority except
(a) accounts, chattel paper, documents of title, instruments, money and security, as those terms are defined in the Personal Property Security Act,
(b) records, as defined in the Land Title Act,
(b.1) records, as defined in the Land Title Act as that Act applies to a first nation under an FNCIDA agreement,
(c) the assurance fund established under

section 294.11 of the Land Title Act, and
(d) transparency declarations, transparency reports and all other documents and records filed with or submitted, given or provided to the administrator under the Land Owner Transparency Act. (2) The Authority may not dispose of its property except

section 3,
(b) in accordance with Part 19.1 of the Land Title Act, or
(c) in the ordinary course of business of carrying out the purposes of the Authority, other than granting security for the payment of any money or the performance of any obligation. (3) The property is not subject to
(a) any process of attachment, execution or seizure, or
(b) a trust in favour of a person who claims to have sustained a loss. (4) Despite any Act, agreement or court order, a receiver must not exercise custody or control over the property.

(5) If a provision of an agreement to which the Authority is a party limits, in a manner that is inconsistent with this Act, access to or the use of property, the provision is not enforceable against the Authority. (6) The chief executive officer may certify that a disposal of the Authority's property is in the ordinary course of business of carrying out the purposes of the Authority. (7) A certification of the chief executive officer under subsection (6) is conclusive evidence that the disposal of the Authority's property is in the ordinary course of business of carrying out the purposes of the Authority.

Part 3 — Governance of Authority
Division 1 — Board of Directors
6 (1) The board of directors of the Authority is to consist of 11 individuals of whom
(a) 6 are to be appointed from the nominees provided under

section 7 (1) by stakeholder entities, with 2 directors being appointed out of the nominees provided by each of the 3 stakeholder entities, and
(b) 5 are to be appointed from nominees provided under

section 7 (2) by stakeholder entities, with one director being appointed out of the nominees provided by each of the 5 stakeholder entities. (2) The term of office of a director of the Authority is 3 years. (3) A director may be appointed for not more than 3 consecutive terms. (4) A person who has served the maximum number of consecutive terms under this section is not eligible to be reappointed as a director until after a break in service of at least 3 years.

7 (1) Each of the government, the Law Society of British Columbia and the Association of British Columbia Land Surveyors must provide, at least 3 months before the expiry of the term of each director appointed from its nominees, to the directors of the Authority a list of at least 3 and not more than 5 qualified nominees for appointment as director. (2) Each stakeholder entity not referred to in subsection (1) must provide, at least 3 months before the expiry of the term of a director appointed from its nominees, to the directors of the Authority a list of at least 3 and not more than 5 qualified nominees for appointment as director.

(3) After receiving a list of nominees provided under subsection (1) or (2), the directors of the Authority whose terms of office do not expire at the end of the fiscal year in which the list was received must, subject to

section 13 [factors to be considered in appointments], appoint as director one of the nominees from the submitted list. (4) If a stakeholder entity does not comply with subsection (1) or (2), the directors of the Authority must, subject to

section 13, on or before the expiry of the term of the director for whose replacement the list was required under subsection (1) or (2), appoint an individual as director, and that director is deemed to be appointed from the nominees of that stakeholder entity. 8 (1) The Lieutenant Governor in Council may appoint a panel of 3 individuals for the purpose of
(a) appointing individuals as directors of the Authority to replace an administrator appointed under

section 41, or
(b) appointing individuals as directors of the Authority if there are no directors qualified under

section 7 (3) to appoint other directors. (2) If a director is to be appointed under this section from the nominees of a stakeholder entity, the stakeholder entity must promptly provide to the panel a list of qualified nominees in compliance with

section 7. (3) After receiving a list of nominees provided under subsection (2), the panel must appoint as director one of the nominees from the submitted list. (4) If a stakeholder entity does not comply with subsection (2), the panel must appoint an individual as director, and that director is deemed to be appointed from the nominees of that stakeholder entity. (5) Despite

section 6 (2) [term of office of director], if the panel makes appointments referred to in subsection (1) (a), the panel must establish a term of office for each director that is a period of not more than 3 years and that ends on March 31 of the year in which the term expires. 9 (1) A person must not become or act as a director unless that person is an individual who is qualified to do so.

(2) An individual is not qualified to become or to act as a director if that individual is
(a) under the age of 18 years,
(c) not a resident of British Columbia,
(d) an officer of the Authority, other than the chair or vice chair of the board of directors,
(e) an elected official or employee of the government of British Columbia, the government of Canada, a local government, a regional district or an aboriginal organization exercising governmental functions,
(f) an officer, director or employee of a stakeholder entity,
(g) found by a court, in Canada or elsewhere, to be incapable of managing the individual's own affairs, unless a court, in Canada or elsewhere, subsequently finds otherwise,
(g.1) a person in respect of whom a certificate of incapability is issued under the Adult Guardianship Act, unless the certificate is subsequently cancelled under

section 37 (4) of that Act,
(h) an undischarged bankrupt, or
(i) convicted inside or outside of British Columbia of an offence in connection with the promotion, formation or management of a corporation or an unincorporated business, or of an offence involving fraud, unless
(i) the court orders otherwise,
(ii) 5 years have elapsed since the last to occur of
(A) the expiration of the period set for suspension of the passing of sentence without a sentence having been passed,
(C) the conclusion of the term of any imprisonment, and
(D) the conclusion of the term of any probation imposed, or
(iii) a pardon was granted or issued, or a record suspension was ordered, under the Criminal Records Act (Canada) and the pardon or record suspension, as the case may be, has not been revoked or ceased to have effect.

(3) A director who ceases to be qualified to act as a director must promptly resign. 10 The Authority must keep a register of its directors and enter in that register
(a) the full name and delivery address for each of the directors,
(b) the date on which each current director became a director, and
(c) the date on which each former director became a director and the date on which each former director ceased to be a director. 11 (1) A director ceases to hold office when
(a) the director's term of office expires,
(b) the director dies or resigns, or
(c) the director is removed in accordance with subsection (3).

(2) A director's resignation takes effect on the later of
(a) the time that the director's written resignation is delivered to the Authority, and
(b) the time specified in the director's written resignation. (3) A director is removed as, and ceases to be, a director on the passing of a resolution to that effect by at least 2/3 of all the directors. 12 (1) Subject to

section 8 [directors appointed by panel], if one of the directors dies, resigns or is removed under section 11 (3), a replacement for that director must be appointed in accordance with this section. (2) If a departing director was appointed from the nominees of a stakeholder entity, the stakeholder entity must promptly provide a list of nominees in compliance with

section 7 [nomination and appointment process]. (3) After receiving a list of nominees provided under subsection (2), the directors must, subject to

section 13, promptly appoint as the replacement director one of the nominees from the list. (4) If a stakeholder entity does not comply with subsection (2), the directors must, subject to

section 13, appoint an individual as the replacement director, and that director is deemed to be appointed from the nominees of that stakeholder entity. (5) A replacement director appointed under this section holds office until the end of the term of the departing director. 13 When appointing directors under this Division, the appointing directors or panel must select appointees in such a way as to ensure that, as a group, the directors hold all of the skills, and all of the experience, identified in the skills and experience profile set out in the bylaws.

Division 2 — Powers and Duties of Directors and Officers
14 (1) The directors must, subject to this Act, the regulations and the bylaws, manage or supervise the management of the business and affairs of the Authority. (2) The directors may do one or both of the following:
(a) exercise the powers of the Authority on behalf of the Authority;
(b) delegate the exercise or performance of any power or duty conferred or imposed on them to a committee of directors appointed by the directors. (3) A limitation or restriction on the powers or functions of the directors is not effective against a person who does not have knowledge of the limitation or restriction.

15 (1) The directors may appoint one of their number as chair and as vice chair. (2) Subject to this Division, the directors may establish their own procedures. (3) The directors may pass the resolutions they consider necessary or advisable for the exercise of their powers or performance of their duties including, without limitation, resolutions respecting the calling and holding of meetings of the directors and the procedure to be followed at the meetings.

16 (1) A director or senior officer of the Authority, when exercising the powers and performing the duties and functions of a director or senior officer of the Authority, must do all of the following:
(a) act honestly and in good faith with a view to the best interests of the Authority;
(b) exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances;
(c) act in accordance with this Act, the regulations and the bylaws. (2) This section is in addition to, and not in derogation of, any enactment or rule of law or equity relating to the duties or liabilities of directors and officers of a corporation.

17 An appointment or act of a director or senior officer of the Authority is not invalid merely because of an irregularity in the election or appointment, or a defect in the qualification, of that director or senior officer. 18 (1) A resolution of the directors or of any committee of them may not be passed without a meeting, except as permitted by subsection (3). (2) A meeting of directors or of a committee of directors may be held by
(b) other communications facilities
as long as all participants in the meeting are able to communicate with each other, and a director who participates in the meeting by that means must be counted as present at the meeting.

(3) A resolution of the directors, if approved by the required number of directors by facsimile, electronic mail or other electronic transmission, telephone or any other similar means of communication and confirmed in writing or other graphic communication, is as valid and effectual as if it had been passed at a meeting of the directors properly called and constituted. (4) The Authority must keep minutes of all proceedings at meetings of the board and its committees. 19 (1) The directors must prepare bylaws of the Authority that do all of the following:
(a) set rules for its conduct, including rules respecting what constitutes a quorum for a meeting of the directors or any committee of directors;
(b) set a process for reviewing nominations received under

section 7 [nomination and appointment process] and selecting appointees in accordance with section 13 [factors to be considered in appointments];
(c) set rules respecting the remuneration and reimbursement of the directors;
(d) authorize the destruction of instruments and other documents under the Land Title Act;
(d.1) authorize the destruction of transparency declarations, transparency reports and all other documents and records filed with or submitted, given or provided to the administrator under the Land Owner Transparency Act;
(e) set fees payable under the Land Act, the Land Title Act, the Mineral Tenure Act or any other enactment for services provided by the registrar appointed under the Land Title Act, the Surveyor General or a person under the direction of the registrar or Surveyor General;
(e.1) set fees payable under the Land Owner Transparency Act for
(i) filing transparency declarations and transparency reports,
(i.1) giving notices under

section 17.1 [notice required if corporation, trust or partnership ceases to be relevant corporation, relevant trust or relevant partnership] of that Act,
(ii) inspecting, searching or obtaining copies of or extracts from transparency declarations, transparency reports, reported information or publicly accessible information,
(iii) applications under sections 40 [application to omit information if health or safety at risk] and 42 [application to correct or change information] of that Act, and
(iv) other services provided by the administrator under that Act;
(f) set procedures governing the handling and disposition of written complaints made by a person in respect of the Authority.

(a) prepare a skills and experience profile to set out the skills and experience that must be represented on the board of directors, and
(b) include that skills and experience profile in the bylaws. 20 (1) In this section, "fee", except in subsection (8), means a fee referred to in

section 19 (1) (e). (2) Except in accordance with this section, the directors may not
(a) increase a fee in a year by an amount that is more than is authorized in the operating agreement, or
(b) set a fee in respect of a service or other matter for which there was previously no fee. (3) If the directors propose to increase a fee or set a new fee as described in subsection (2), the directors must submit the proposal in writing to the commissioner. (c) vary the proposal so that the proposal is satisfactory to the commissioner and provide the varied proposal to the directors. (5) The commissioner must make the decision under subsection (4) in accordance with any criteria set out in the operating agreement.

(6) The directors may increase the fee or set the new fee in accordance with a proposal accepted under subsection (4) (a) or varied under subsection (4) (c). (7) The decision of the commissioner made under subsection (4) is final and conclusive and is not open to question or review in a court except on a question of law or excess of jurisdiction. (a) pay the commissioner a reasonable fee for carrying out the commissioner's duties under this section, and
(b) reimburse the commissioner for actual reasonable expenses necessarily incurred in carrying out the commissioner's duties under this section. (9) For the purposes of this section and

section 21, the minister and the directors must jointly appoint a mutually acceptable individual as commissioner for a term agreed to by the minister and the directors. (10) If the minister and the directors cannot jointly appoint a commissioner under subsection (9), the directors may request the Lieutenant Governor in Council appoint an individual as commissioner. (11) Within 60 days after receiving the request, the Lieutenant Governor in Council must appoint an individual as commissioner for a term of 6 months. (12) An individual appointed as commissioner must meet the criteria set out in the operating agreement and may not be an employee of the government or the Authority.

(13) The directors must give notice to the minister if the directors intend to submit a proposal under subsection (3) and there is no commissioner. "fee", except in subsection (8), means a fee referred to in

section 19 (1) (e.1);
"LOTA agreement" means an agreement between the government and the Authority respecting the administration of the Land Owner Transparency Act, as amended from time to time. (2) Except in accordance with this section, the directors may not
(a) increase a fee in a year by an amount that is more than is authorized in the LOTA agreement, or
(b) set a fee in respect of a service or other matter for which there was previously no fee. (3) If the directors propose to increase a fee or set a new fee as described in subsection (2), the directors must submit the proposal in writing to the commissioner.

(c) vary the proposal so that the proposal is satisfactory to the commissioner and provide the varied proposal to the directors. (5) The commissioner must make the decision under subsection (4) in accordance with any criteria set out in the LOTA agreement. (6) The directors may increase the fee or set the new fee in accordance with a proposal accepted under subsection (4) (a) or varied under subsection (4) (c). (7) The decision of the commissioner made under subsection (4) is final and conclusive and is not open to question or review in a court except on a question of law or excess of jurisdiction.

(a) pay the commissioner a reasonable fee for carrying out the commissioner's duties under this section, and

section 21, the Minister of Finance and the directors must jointly appoint a mutually acceptable individual as commissioner for a term agreed to by the Minister of Finance and the directors. (10) If the Minister of Finance and the directors cannot jointly appoint a commissioner under subsection (9), the directors may request the Lieutenant Governor in Council to appoint an individual as commissioner. (11) Within 60 days after receiving the request, the Lieutenant Governor in Council must appoint an individual as commissioner for a term of 6 months. (12) An individual appointed as commissioner must meet the criteria set out in the LOTA agreement and may not be an employee of the government or the Authority.

(13) The directors must give notice to the Minister of Finance if the directors intend to submit a proposal under subsection (3) and there is no commissioner. "government body" has the same meaning as in the Financial Administration Act;
"LOTA agreement" has the same meaning as in

section 20.1 (1);
"service" does not include a service for which a fee may be set under

section 19 (1) (e) or (e.1). (2) If the directors and the government or a government body cannot agree on a charge payable for any service the Authority may provide to the government or government body, the directors and the government or government body may submit the matter to the commissioner. (3) If the matter is submitted to the commissioner, the commissioner must set the charge payable for the service the Authority may provide to the government or government body.

(4) The commissioner must make a decision under subsection (3) in accordance with criteria set out in
(a) the operating agreement, in the case of a charge payable for a service the Authority may provide, or
(b) the LOTA agreement, in the case of a charge payable for a service the administrator under the Land Owner Transparency Act may provide. (5) The decision of the commissioner made under subsection (3) is final and conclusive and is not open to question or review in a court except on a question of law or excess of jurisdiction.

(6) The Authority and the government or government body must, in equal portions,
(b) reimburse the commissioner for actual reasonable expenses necessarily incurred in carrying out the commissioner's duties under this section. 22 The Authority must remunerate and reimburse each director in the amount and on the terms established in the bylaws.

23 (1) In this section, "costs, charges and expenses" includes an amount actually and reasonably incurred by a person and paid to settle an action or satisfy a judgment, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a director or officer, including an action brought by the Authority.

(2) The Authority may indemnify a person who is a director, officer, former director or former officer of the Authority, and the person's heirs and personal representatives, against all costs, charges and expenses if
(a) the person acted honestly and in good faith with a view to the best interests of the Authority in respect of the conduct at issue in the action or proceeding, and
(b) in the case of a criminal or administrative action or proceeding, the person had reasonable grounds for believing that the person's conduct was lawful. (3) The Authority may purchase and maintain insurance for the benefit of a person referred to in this section against any liability incurred by the person as a director or officer.

24 (1) The Authority must maintain a head office in British Columbia. (2) The directors must make public the location of the Authority's head office. 25 (1) The Authority must keep at its head office adequate accounting records for each of its fiscal years. (2) The Authority must keep the following records at its head office:
(a) the bylaws and every amendment to the bylaws;
(b) the operating agreement and every amendment to the agreement;
(c) the register of directors kept under

(d) the minutes of every meeting of directors and of every meeting of every committee of directors;
(e) copies of any notices published in a newspaper by or on behalf of the Authority;
(f) copies of every annual report and business plan made public by or on behalf of the Authority. (3) Any person may, without charge, inspect during normal business hours any of the records that the Authority is required to keep under subsection (2).

(4) Subject to subsection (6), if a person requests a copy of a record that the Authority is required to keep under subsection (2) (c) to (f) and pays the fee set in the bylaws in relation to that copy, the Authority must provide a copy of that record to that person promptly after receipt of the request and payment. (5) The Authority may, in the bylaws, set a reasonable fee for providing a copy of any of its records under subsection (4).

(6) The Authority must make the following records publicly available without charge:
26 (1) The Authority must hold an annual general meeting within 6 months after the end of each of its fiscal years. (2) The directors must make public the date and means or location of the annual general meeting not more than 2 months, and not less than 3 weeks, before the date of the meeting. (2.1) An annual general meeting may be conducted by means of electronic or other communication facilities, as long as all participants in the meeting are able to communicate with each other.

(2.2) If an annual general meeting is conducted by means of electronic or other communication facilities, participants are deemed to be present in person. (3) At least 10 days before the date of an annual general meeting, the directors must make public an annual report that complies with subsection (4).

(4) An annual report referred to in subsection (3) must include, in relation to the most recently completed fiscal year of the Authority,
(a) the audited financial statements of the Authority for that fiscal year,
(b) a report on any changes in that fiscal year to the fees established by the Authority under the Land Act, the Land Title Act, the Mineral Tenure Act or any other enactment,
(c) a list of the directors as of the end of that fiscal year,
(d) a list of the performance objectives set for the Authority for that fiscal year, in accordance with the operating agreement, and a report respecting the achievement in relation to those performance objectives,
(e) any amendments made to the bylaws of the Authority or to the operating agreement in that fiscal year, and
(f) the date, type and outcome of any meetings held by the directors and by committees of the directors in that fiscal year.

(5) An annual general meeting of the Authority is open to any person, and any person attending the meeting may, subject to any reasonable restrictions imposed by the directors, address the meeting. (6) The directors must place the annual report before the annual general meeting and must make a copy of that report available, without charge, to any person requesting a copy.

Part 4 — Conflicts of Interest
27 (1) For the purposes of this Part, a director or senior officer of the Authority holds a disclosable interest in a contract or transaction if
(a) the contract or transaction is material to the Authority,
(b) the Authority has entered, or proposes to enter, into the contract or transaction, and
(c) either of the following applies to the director or senior officer:
(i) the director or senior officer has a material interest in the contract or transaction;
(ii) the director or senior officer is a director or senior officer of, or has a material interest in, a person who has a material interest in the contract or transaction.

(2) For the purposes of subsection (1) and this Part, a director or senior officer of the Authority does not hold a disclosable interest in a contract or transaction merely because
(a) the contract or transaction is an arrangement by way of security granted by the Authority for money loaned to, or obligations undertaken by, the director or senior officer, or a person in whom the director or senior officer has a material interest, for the benefit of the Authority or an affiliate of the Authority,
(b) the contract or transaction relates to an indemnity or insurance under

section 23 [indemnification],
(c) the contract or transaction relates to the remuneration of the director or senior officer in that person's capacity as director, officer, employee or agent of the Authority or of an affiliate of the Authority,
(d) the contract or transaction relates to a loan to the Authority, and the director or senior officer, or a person in whom the director or senior officer has a material interest, is or is to be a guarantor of some or all of the loan, or
(e) the contract or transaction has been or will be made with or for the benefit of a corporation that is affiliated with the Authority, and the director or senior officer is also a director or senior officer of that corporation or an affiliate of that corporation.

(3) A director who has a disclosable interest in a contract or transaction is not entitled to participate in that part of a meeting of the directors during which the contract or transaction will be discussed, including any vote on any directors' resolution to approve that contract or transaction. 28 (1) Subject to subsection (2) and unless the court orders otherwise under

section 29 (2) (a), a director or senior officer of the Authority is liable to account to the Authority for any profit that accrues to the director or senior officer under or as a result of a contract or transaction in which the director or senior officer holds a disclosable interest.

(2) A director or senior officer of the Authority is not liable to account for and may retain the profit referred to in subsection (1) in any of the following circumstances:
(a) before the contract or transaction is entered into and after the nature and extent of the conflict of interest are disclosed to the board of directors, the contract or transaction is approved by the board of directors;
(b) the contract or transaction was reasonable and fair to the Authority at the time it was entered into and, after full disclosure of the nature and extent of the conflict of interest, the contract or transaction is approved by the board of directors. 29 (1) In this section, "court" means the Supreme Court.

(2) On an application by the Authority or by a director or senior officer, the court may, if it determines that a contract or transaction in which a director or senior officer has a disclosable interest was fair and reasonable to the Authority,
(a) order that the director or senior officer is not liable to account for any profit that accrues to the director or senior officer under or as a result of the contract or transaction, and
(b) make any other order that the court considers appropriate. (3) Unless a contract or transaction in which a director or senior officer has a disclosable interest has been approved in accordance with

section 28 (2), the court may, on an application by the Authority or by a director or senior officer, make one or more of the following orders if the court determines that the contract or transaction was not fair and reasonable to the Authority:
(a) enjoin the Authority from entering into the proposed contract or transaction;
(b) order that the director or senior officer is liable to account for any profit that accrues to the director or senior officer under or as a result of the contract or transaction;
(c) make any other order that the court considers appropriate.

30 A contract or transaction with the Authority is not invalid merely because
(a) a director or senior officer of the Authority has an interest, direct or indirect, in the contract or transaction,
(b) a director or senior officer of the Authority has not disclosed an interest the director or senior officer has in the contract or transaction, or
(c) the directors have not approved the contract or transaction in which a director or senior officer of the Authority has an interest.

31 Except as is provided in this Part, a director or senior officer of the Authority has no obligation to
(a) disclose any direct or indirect interest that the director or senior officer has in a contract or transaction, or
(b) account for any profit that accrues to the director or senior officer under or as a result of a contract or transaction in which the director or senior officer has a disclosable interest.

32 (1) If a director or senior officer of the Authority holds any office or possesses any property, right or interest that could result, directly or indirectly, in the creation of a duty or interest that materially conflicts with that individual's duty or interest as a director or senior officer of the Authority, the director or senior officer must disclose, in accordance with this section, the nature and extent of the conflict.

(2) The disclosure required from a director or senior officer under subsection (1)
(a) must be made to the directors promptly
(i) after that individual becomes a director or senior officer, or
(ii) if that individual is already a director or senior officer, after that individual begins to hold the office or possess the property, right or interest for which disclosure is required, and
(b) must be evidenced in a consent resolution, the minutes of a meeting or any other record deposited in the Authority's records.

Part 5 — Officers and Employees
33 (1) The directors must appoint an individual as the chief executive officer of the Authority to carry out
(a) the functions and duties of the chief executive officer under this Act and any other enactment, and
(b) the functions and duties that the directors specify. (2) The directors may set the remuneration of the chief executive officer. 34 (1) The chief executive officer must appoint an employee of the Authority as the Surveyor General to carry out the functions and duties of the Surveyor General. (2) The chief executive officer may appoint an employee of the Authority as the deputy Surveyor General to assist and carry out the directions of the Surveyor General.

(3) The deputy Surveyor General may, in the event of the illness or absence or at the request of the Surveyor General, perform any duty required by this Act or any other enactment to be done by the Surveyor General. (4) The chief executive officer, to the extent authorized by the directors, may appoint officers and employees of the Authority and may define their duties. (5) The Public Service Act and the Public Service Labour Relations Act do not apply to the Authority or to its employees. Part 6 — Financial Administration
35 The fiscal year of the Authority is the period beginning on April 1 in one year and ending on March 31 in the next year. 36 (1) The Authority must appoint an auditor authorized under

section 205 (a) [persons authorized to act as auditors] of the Business Corporations Act. (2)

Section 206 [independence of auditors] of the Business Corporations Act applies to the appointment of an auditor under subsection (1). 37 The Authority must prepare and make public
(a) annual financial statements, prepared in accordance with generally accepted accounting principles, within 5 months after the end of its fiscal year, and
(b) a report of the auditor who was engaged to express an opinion on the Authority's financial statements for the preceding fiscal year, after an audit conducted in accordance with generally accepted auditing standards. 38 Before each fiscal year, the Authority must prepare and make publicly available a business plan for the next 3 fiscal years.

39 (1) The nominees on a list provided under this Act by the First Nations Summit are to be nominated by resolution of the First Nations Summit. (2) The directors of the Authority and a panel appointed under this Act are entitled to rely on resolutions of the First Nations Summit that are certified in the manner specified by the First Nations Summit as proof of the decisions of the First Nations Summit that are set out in the resolutions as certified. 40 (1) The following Acts do not apply to the Authority:
(a) Budget Transparency and Accountability Act;
(b) Business Corporations Act, except Part 10 of that Act or as provided by this Act;
(c) Financial Administration Act, except

(2) The Lieutenant Governor in Council, by regulation, may direct that some or all of the following provisions apply to the Authority:
(a) the provisions of the Business Corporations Act other than sections 10 to 41, 52 to 89, 107 to 126, 128, 130 to 133, 135, 136, 140, 142, 143, 147 to 153, 159 to 191, 196, 204 to 206, 228, 269 to 300 and 302 to 311 and Parts 11 and 14;
(b) the regulations made under the Business Corporations Act other than
(i) regulations made in respect of sections 10 to 41, 52 to 89, 107 to 126, 128, 130 to 133, 135, 136, 140, 142, 143, 147 to 153, 159 to 191, 196, 204 to 206, 228, 269 to 300 and 302 to 311 and Parts 11 and 14, and
(ii) regulations that expressly indicate that they do not apply to special Act corporations, as defined in the Business Corporations Act.

(3) If there is a conflict or inconsistency between a provision of this Act or the regulations made under this Act and a provision of the Business Corporations Act or its regulations made applicable under subsection (2), the provision of this Act or the regulations made under this Act prevails. 41 (1) The minister, in accordance with the operating agreement, may appoint an administrator to discharge the powers, duties and functions of the board of directors. (2) The minister may appoint an administrator to discharge the powers, duties and functions of the board of directors if there are no directors of the Authority. (3) On the appointment of an administrator under subsection (1), the members of the board of directors of the Authority cease to hold office.

section 2, an administrator appointed under this section is deemed to be the board of directors. 42

Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations. 43 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations directing that provisions of the Business Corporations Act and its regulations apply to the Authority as provided for in

section 40 [application of other Acts]. Part 8 — Transitional Provisions and Consequential Amendments
Transitional Provisions
44 (1) The Lieutenant Governor in Council may appoint a panel of 3 individuals for the purpose of appointing the first directors of the Authority. (2) For the purpose of facilitating the appointment of the first directors,
(a) each of the government, the Law Society of British Columbia and the Association of British Columbia Land Surveyors must provide to the panel a list of at least 3 and not more than 5 qualified nominees for each director to be appointed from their nominees, and
(b) each stakeholder entity not referred to in paragraph (a) must provide to the panel a list of at least 3 and not more than 5 qualified nominees.

(3) After receiving the lists of nominees provided under subsection (3), the panel must appoint as directors one of the nominees from each of the submitted lists. (4) If a stakeholder entity does not comply with subsection (2), the panel must appoint an individual as director, and that director is deemed to be appointed from the nominees of that stakeholder entity. (5) For the purpose of appointing the first directors of the Authority, the references in

section 6 (1) to section 7 (1) and section 7 (2) must be read as references to section 44 (2) (a) and section 44 (2) (b), respectively. (6) Despite

section 6 (2) [term of office of director], the panel must establish a term of office for each director that is a period of not more than 3 years. (7) Sections 7 [nomination and appointment process] and 13 [factors to be considered in appointments] do not apply to the appointment of the first directors of the Authority. (8) Despite

section 15 (1) [role of directors], the panel may appoint one of the directors as chair. (9) Despite

section 33 [appointment of chief executive officer], the Lieutenant Governor in Council may appoint an individual as the first chief executive officer of the Authority to carry out the functions and duties referred to in section 33 and may set the remuneration of the chief executive officer. (10) In addition, the first chief executive officer may exercise all of the powers, functions and duties of the directors until the directors hold their first meeting. (11) The directors must appoint a chief executive officer within 1 year of the first meeting of the directors. 45 (1) Despite

section 35 [fiscal year of Authority], the first fiscal year of the Authority is the period beginning on the date that section 2 (1) [Authority established] comes into force and ending on the following March 31. (2)

Section 38 [business plan] does not apply to the first fiscal year of the Authority. 46 The appointments of the following are continued:
(b) the Director of Land Titles appointed under the Land Title Act;
(c) the registrars and deputy registrars appointed under the Land Title Act. 47 (1) In this section, "records" does not include records as defined in the Land Title Act. (2) Within 6 months after this section comes into force, the minister may transfer to the Authority records and other property of the government that are related to the purposes of the Authority. 48 (1) Any forms prescribed under the Land Title Act immediately before this section comes into force are deemed to be forms approved by the Director of Land Titles.

(2) Any manner, prescribed under the Land Title Act immediately before this section comes into force, for the execution or completion of an instrument or in respect of an instrument containing or indicating any thing is deemed to be a manner approved by the Director of Land Titles. (3) Any information prescribed under the Land Title Act immediately before this section comes into force is deemed to be information required by the director. 173 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table

section 510 (6) of the Local Government Act, the value shall be determined by an appraiser appointed jointly by the owner and the local government. [am. B.C. Reg. 98/2018, Sch. 7.] 2 If the owner and the local government fail to agree on an appraiser, the Inspector of Municipalities shall, upon the application of either party, appoint an appraiser to determine the market value. 3 Unless otherwise agreed, the cost of the appraiser shall be borne equally by the owner and the local government. [Provisions relevant to the enactment of this regulation: Local Government Act, R.S.B.C. 2015, c. 1, s. 510 (7)]

section 938 of the Municipal Act, and
(c) within B.C. Reg. 274/69, the Community Planning Area Number 24 (Gulf Islands) Regulations. [en. B.C. Reg. 424/87.] 1.02 Where any bylaw adopted under the Municipal Act contains a minimum parcel area requirement that is in conflict with a minimum parcel area requirement in these regulations, the parcel area requirement of the bylaw shall apply, provided that the requirements of sections 6.04, 6.05, 6.06 and 6.07 are met. [en. B.C. Reg. 424/87.] 1.03 Notwithstanding

section 1.01 (b), where a bylaw does not regulate a matter covered by these regulations, these regulations apply to that matter. [en. B.C. Reg. 424/87.] 2.01 The purpose of these regulations is to assist in assuring the safe, healthful, equitable, efficient, economical and attractive subdivision of land for the benefit of the community as a whole.

3.01 In these regulations, unless the context otherwise requires:
"approval" means approval in writing from the authority having jurisdiction;
"approving officer" means approving officer designated as such pursuant to the Land Title Act;
"building regulations" means regulation of construction of buildings by a building code adopted pursuant to the Local Services Act or to the Building Regulations Division of the Municipal Act1;
"community sewer system" means a common sewer, or system of sewerage or sewage disposal, which serves 2 or more parcels;
"community water system" means a system of waterworks which serves 2 or more parcels and which is owned, operated and maintained by an improvement district under the Water Act or the Municipal Act, or a regional district, or which is regulated under the Water Utility Act;
"cul-de-sac" means a length of local highway made for vehicular use, the end of which is designed to be permanently closed by the pattern of subdivision; or which is terminated by a natural feature such as inaccessible terrain, so that there is no alternative vehicular route to another highway;
"frontage" means that length of a parcel boundary which immediately adjoins a highway other than a lane or a walkway;
"frontage road" means that length of a highway which on one side adjoins a highway designated as a controlled access highway and over which access is permitted to parcels on the other side;
"highway" includes a street, road, lane, bridge, viaduct and any other way open to the use of the public, but does not include a private right of way on private property;
"improvement district" means an improvement district pursuant to the Water Act or the Municipal Act, and for the purposes of these regulations includes the Greater Nanaimo Water District and the Greater Victoria Water District;
"lane" means a narrow highway which provides secondary vehicular access to any abutting parcel, so that the parcel may be serviced or reached by vehicles using that highway, but a lane is not a half road;
"leg" means a parcel created pursuant to

199/702 and that part of a highway at an intersection which radiates out from the point of intersection;
"medical health officer" means the medical health officer appointed under the Health Act who has jurisdiction over the area in which a subdivision is located;
"owner" means a person who is entitled to subdivide land or the person's duly appointed representative;
"parcel" means any lot, block or other area in which land is held or into which land is subdivided or any remaining portion of the land being subdivided;
"potable water" means water which is approved for drinking purposes by the medical health officer in accordance with the Health Act;
"professional engineer" means a person who is registered or duly licensed as such under the provisions of the Engineers Act;
"Regulations Governing Sewage Disposal" means those regulations contained in B.C.

45/68;
"serves" means actually serves, or a commitment by the owner to provide the community water system or the community sewer system in order to serve any parcel and which commitment is a condition of approval;
"site area" means an area of site required in a subsisting zoning bylaw adopted pursuant to the Municipal Act;
"slip" means the downward and outward movement of slope forming materials composed of natural rock, soils, artificial fills, or combinations of these materials, which movement may proceed by any one of 3 principal types of movement — falling, sliding or flowing — or by their combinations;
"subdivision" means the division of land into 2 or more parcels, whether by plan or by metes and bounds description or otherwise;
"walkway" means a narrow highway for the use of the walking public only;
"zone" means a zone established under the Zoning Division of the Municipal Act4;
"zoning regulation" means a regulation governing the use of land adopted pursuant to the Local Services Act or a bylaw governing the use of land adopted pursuant to the Municipal Act.

[am. B.C. Reg. 45/2022, Sch. 3, s. 1.] 3.02 In place of the measurements or non-metric units in these regulations
(a) identified in columns 1 and 2 of Schedule I, it is permitted to use the metric measurements or units shown opposite those measurements or units in column 3 of Schedule I;
(b) contained in the table in

section 3 of Appendix A of these regulations, it is permitted to use those in the table in Schedule II. 4.01 No subdivision shall be approved
(a) unless it is suited to the configuration of the land being subdivided;
(b) unless it is suited to the use to which it is intended;
(c) if it makes impracticable the further subdivision of any land within the proposed subdivision or of any adjacent parcel;
4.02 Nothing contained in these regulations shall relieve the owner of a subdivision from the responsibility to seek out and comply with the legislation applicable to that owner's undertaking. [am. B.C. Reg. 45/2022, Sch. 3, s. 2.]

4.03 The owner of any land being subdivided may be required to state in writing the intended use of any parcel being created or of any remaining portion of the land being subdivided. 4.04 Without limiting the generality of

section 4.01, approval of any subdivision may be refused if it
(i) land which is subject to erosion, or
(ii) a parcel which is divided by land subject to erosion into areas not suited to the use to which it is intended,
(i) may slip when developed, used or occupied,
(ii) when developed, used or occupied may cause land on an adjacent parcel to slip, or
(iii) may be inundated by a land slip if land above on another parcel slips,
(c) contains land which is subject to flooding so as to render it unsuitable for the use to which it is intended, or
(d) contains land which because of inadequate drainage is not suitable for the use to which it is intended. 4.05 Notwithstanding the requirements of

section 4.04, the subdivision of land which is subject to any of the conditions described in section 4.04 may be approved, provided that the owner agrees in writing to registering a condition or covenant pursuant to section 219 of the Land Title Act in favour of the Crown at the time of subdivision. Such condition or covenant shall be satisfactory to the approving officer and shall restrict or prohibit the construction of buildings or structures on, and (or) the use of any parcel or part of such parcel which is subject to any of the conditions described in section 4.04.

4.06 In order that any proposed subdivision may be properly considered by the approving officer, the owner of any land being subdivided may be required to provide any of the following:
(a) topographic survey where the terrain is steep, irregular or otherwise difficult to appraise in respect of the subdivision suiting the configuration of the land being subdivided;
(c) a professional engineer's report on
(i) the effect on soil stability of disturbing natural grades or natural growth, or changing the moisture content of the soil by developing, using or occupying the land;
(ii) groundwater levels and conditions for as much of the year as is considered necessary;
(iii) the depth and extent of flooding and the likely frequency of its occurring.

4.07 The corners of any proposed parcel for which approval is being sought, or the location of places where any tests required for approval are taken, shall be clearly flagged if required by the approving officer. 4.08 The clearing, construction, grading and surfacing of all highways and all drainage shall be in accordance with Appendix A attached to and forming part of these regulations.

4.09 (1) The design of any community water system to serve the subdivision shall be in accordance with the requirements of any authority having jurisdiction over the system pursuant to
(a) the Health Act and the Water Utility Act,
(b) the Health Act and the Water Act, when an improvement district has an applicable subdivision bylaw pursuant to the Water Act, or
(c) the Health Act and the Municipal Act, when a regional district has an applicable bylaw setting out the terms and conditions of any extension to its community water system,
as the case may be. (2) The community water system approved pursuant to

section 4.09 (1) shall be installed as approved before the subdivision is approved. (3) Notwithstanding the requirements of

section 4.09 (2), a subdivision may be approved prior to the construction of the community water system, provided that an arrangement securing performance of such construction satisfactory to the approving officer has been made with
(a) the Comptroller of Water Rights (under the Water Utility Act),
(b) an improvement district having an applicable subdivision bylaw adopted pursuant to the Water Act, or
(c) a regional district having an applicable bylaw setting out the terms and conditions of any extension to its community water system,
as the case may be, but in no case shall the subdivision be approved before the plans for the community water system have been approved.

4.10 (1) The design of any community sewer system to serve the subdivision shall be in accordance with the requirement of any authority having jurisdiction over the system pursuant to the Health Act and the Waste Management Act, and where applicable in accordance with either
(a) the Water Act, when an improvement district has an applicable subdivision bylaw pursuant to the Water Act, or
(b) the Municipal Act, when a regional district has an applicable bylaw setting out the terms and conditions of any extension of its community sewer system. (2) The community sewer system approved pursuant to

section 4.10 (1) shall be installed as approved before the subdivision is approved. (3) Notwithstanding the requirements of

section 4.10 (2), a subdivision may be approved prior to the construction of the community sewer system, provided that an arrangement securing performance of such construction, which is satisfactory to the approving officer, has been made with
(a) an improvement district having an applicable subdivision bylaw adopted pursuant to the Water Act, or
(b) a regional district having an applicable bylaw setting out the terms and conditions of any extension to its community sewer system,
as the case may be, but in no case shall the subdivision be approved before the plans for the community sewer system have been approved.

4.11 Where a community water system is to be installed in a subdivision, a supply of potable water adequate to serve the subdivision shall be proven before the subdivision is approved. 4.12 Where the owner is establishing a community water system using a water source which comes within the terms of the Water Act, a licence to divert and use the amount of water required to serve the subdivision shall be held by the owner prior to the approval of the subdivision. 4.13 Where a discharge of sewage from or within a proposed subdivision is within the terms of the Waste Management Act, a provisional permit for that discharge shall be obtained before the subdivision is approved.

4.14 Except where a setback in respect of a highway is concerned, no subdivision shall be approved which would cause any existing building or structure or sewage disposal installation or used source of potable water to contravene any building, zoning or other regulation in force on the parcel under consideration. 4.15 (1) Vehicular access shall be provided from the travelled portion of the highway onto any parcel in a proposed subdivision, and adjoining this access there shall be an area on the parcel suitable for the parking of 2 automobiles, unless the approving officer exempts the subdivider from this requirement because of the terrain. (2) Notwithstanding the requirements of subsection (1), where a subdivision is pursuant to

section 4 of B.C. Reg. 199/705, and where local snow and terrain conditions, as determined by the approving officer, preclude year-round vehicular access to any parcel, the parcel, pursuant to section 4 (b) of B.C. Reg. 199/706, shall have a configuration and location which is sufficient in the opinion of the approving officer to accommodate the vehicles otherwise required to be parked on each parcel. 5.01 In sections 5.01 to 5.11, inclusive,
(a) the meaning of "highway" does not include "walkways", and
(b) the meaning of "intersection" includes the intersection of highways and the intersection with a highway of a parcel created pursuant to

section 4 (b) of B.C. Reg. 199/707. 5.02 The minimum width of any highway in any proposed subdivision shall be 66 feet, except
(a) where the approving officer deems a lesser minimum width better suited to use or to local conditions,
(b) where a highway is a frontage road, when it shall have a minimum width of 50 feet, unless the approving officer deems a lesser minimum width better suited to use or to local conditions, or
(c) where a highway is a lane, when it shall have a minimum width of 20 feet.

5.03 Lanes shall be provided where terrain and natural features render vehicular access practicable and where
(a) they form an extension of any existing system of lanes, or
(b) the approving officer deems it necessary to provide secondary access in order that reasonable traffic flow can be assured on the main highway. 5.04 Roads shall be provided to give access to parcels adjoining controlled access highways unless the minister responsible for the Transportation Act refuses, under

section 51 of the Transportation Act, to authorize the creation of such access. [am. B.C. Reg. 555/2004, s. 3.] 5.05 Subject to the Transportation Act and to the Land Title Act, where any subdivision contains parcels less than 300 feet in width, intersecting highways shall be dedicated at intervals not greater than 1 320 feet and on the same side of the highway and beginning at any existing lateral highway, except
(a) where the parcel being created is pursuant to

section 6.11,
(b) where difficult terrain or other natural features render vehicle access impracticable, or
(c) where the pattern of existing subdivision precludes the necessity of providing access. [am. B.C. Reg. 555/2004, s. 4.] 5.06 When a subdivision borders on the shore of navigable waters, access shall be given in accordance with the requirements of the Land Title Act. 5.07 In any proposed subdivision, a highway which is cul-de-sac shall have a terminal area for a turn-around, the size of which shall be determined by the approving officer having regard to the local snow, terrain and soil conditions, provided that any such area shall be large enough to contain a circle with a radius of 50 feet.

5.08 The number of highway intersections within a subdivision shall be kept to a minimum, and, where practicable,
(a) Y-shaped intersections shall be avoided;
(b) T-shaped intersections shall be used when the intersecting highway is to carry a small amount of local traffic;
(c) intersections with more than 4 legs shall be avoided;
(d) intersections shall not be located in or near sharp curves or near the crest of any rise or hill. 5.09 Wherever practicable, no intersection shall be less than 125 feet from any other intersection or likely future intersection. Measurement shall be made along the centre line of the intersected highway.

5.10 Unless extremely difficult terrain or the pattern of existing subdivision precludes it, a minimum of 50 feet of an intersecting leg shall be as close to right angles as practicable with the intersected highway. This distance shall be measured at the boundary of the intersecting leg on the side of the contained angle.

6.01 Where both a community water system and a community sewer system serve a parcel, and
(a) where both building and zoning regulations are in force, that parcel shall not be smaller than 5 000 square feet, except that a parcel may be decreased in area by as much as 10%, provided that the approving officer is satisfied with the validity of the owner's written claim that, because of unusual terrain or the size or the configuration of that owner's land, 5 000 square foot parcels cannot be achieved and therefore subdivision is precluded, but as many parcels as the approving officer considers practicable shall be not smaller than 5 000 square feet,
(b) where both building and zoning regulations are in force, and where a lane provides secondary access to that parcel, there shall be no minimum parcel size, and
(c) where building or zoning regulations pursuant to the Municipal Act are not in force, that parcel shall not be smaller than 6 000 square feet.

[am. B.C. Reg. 45/2022, Sch. 3, s. 2.] 6.02 Subject to the provisions of sections 6.04 and 6.05, as the case may be, where a parcel is served by a community water system but not a community sewer system, that parcel shall not be smaller than 7 500 square feet, except that a parcel may be decreased in area by as much as 10%, provided that the approving officer is satisfied with the validity of the owner's written claim that, because of unusual terrain or the size or the configuration of that owner's land, 7 500 square foot lots cannot be achieved and therefore subdivision is precluded, and that at the decreased size all requirements of

section 6.04 can be met, but as many parcels as the approving officer considers practicable shall not be smaller than 7 500 square feet. [am. B.C. Reg. 45/2022, Sch. 3, s. 2.] 6.03 Subject to the provisions of sections 6.04 and 6.05, as the case may be, where a parcel is not served by a community water system nor a community sewer system, the parcel shall not be less than 18 000 square feet.

6.04 Where a parcel is less than 5 acres and is not served by a community sewer,
(a) it shall meet the requirements of Appendix B, which is attached to and forms part of these regulations, or
(b) where the requirements of paragraph (a) cannot be met, consideration shall be given to alternate designs which will dispose of the liquid in the minimum size septic tank for a 3 bedroom, single family house, and which designs are in accordance with the requirement for alternate methods of disposal contained in the Regulations Governing Sewage Disposal and for which acceptable alternate designs and adequate area of appropriate soil is available for disposal, and the parcel shall be sized accordingly, except that where, in extraordinary and infrequent instances, the owner of the parcel does not wish to make the installation necessary for an acceptable alternate design in accordance with the foregoing, the subdivision may be approved, provided that the owner agrees in writing to registering a condition or covenant pursuant to

section 219 of the Land Title Act in favour of the Crown at the time the subdivision is registered; such condition or covenant shall be satisfactory to the approving officer and shall restrict or prohibit the construction of buildings or structures on and (or) the use of any parcel until the necessary installations have been made, and
copies of the results of all tests shall contain the signature, occupation and permanent address of the person undertaking the tests and shall accompany the plans of the proposed subdivision when it is submitted to the authority having jurisdiction to receive subdivision applications.

6.05 Except where the Waste Management Act is applicable, where a parcel is less than 5 acres and is not served by a community sewer system and where the intended use has a greater design sewage flow per day than the minimum capacity septic tank for a 3 bedroom, single family house in accordance with the Regulations Governing Sewage Disposal, the design sewage flow of the intended use shall be used in accordance with the Regulations Governing Sewage Disposal to determine the area of soil required in

section 6.04 (a) and all other requirements of section 6.04 shall be met.

6.06 Where any parcel in a proposed subdivision is less than 5 acres and is not served by a community sewer system, a copy of the plans and test results and measurements required in Appendix B as applicable to that parcel shall be submitted by the approving officer to the medical health officer or to the Regional Waste Manager, Ministry of Environment, as the case may be, for written reasons why the medical health officer or the Regional Waste Manager would or would not recommend approval of a subdivision based on the waste disposal capabilities of the soil on that parcel to meet with the requirements of these regulations or of the Waste Management Act, as the case may be. [am. B.C. Reg. 45/2022, Sch. 3, s. 3.]

6.07 Notwithstanding the requirements of sections 6.01, 6.02 and 6.03, existing parcels which are smaller than permitted in these regulations may be consolidated and resubdivided into new parcels, provided that
(a) all parts of all new parcels are contiguous;
(b) as many new parcels as the approving officer considers practicable shall meet the area requirements of these regulations;
(c) the degree of compliance with the area requirements of these regulations is not lessened on any new parcel;
(d) the medical health officer states in writing that the requirements of

section 6.04 can be met. 6.08 (1) The minimum frontage of a parcel shall be 10% of the perimeter of that parcel, except where the minister, upon application by the owner, exempts that owner from this requirement. (2) Application by an owner for exemption shall be in writing and shall state the ground on which the exemption is sought and shall be accompanied by 2 copies of a plan showing the proposed subdivision. [am. B.C. Regs. 4/2010, s. 2; 45/2022, Sch. 3, s. 4.] 6.09 Without limiting the generalities of

section 4.01 and notwithstanding the requirements of section 6.08, where a parcel is a panhandle lot capable of further subdivision, the approving officer shall be satisfied that the panhandle is adequate to provide a future highway. 6.10 Notwithstanding the requirements of sections 6.01 to 6.05, inclusive, where a parcel is a panhandle lot, the access strip or panhandle shall not be calculated as part of the minimum parcel area.

6.11 The requirements of sections 6.01, 6.02, 6.03 and 6.04 shall not apply
(a) where the parcel being created is to be used solely for the unattended equipment necessary for the operation of
(ii) a community sewer system;
(iii) a community gas distribution system;
(iv) a community radio or television receiving antenna;
(v) a radio or television broadcasting antenna;
(vi) a telecommunication relay station;
(vii) an automatic telephone exchange;
(viii) an air or marine navigational aid;
(ix) electrical substations or generating stations;
(x) any other similar public service or quasi-public service facility or utility, or
(b) where the parcel is pursuant to

section 4 (b) of B.C. Reg. 199/708,
(c) to churches, chapels and parks,
(d) where no sewage is generated, and
(e) where the owner agrees in writing to registering a condition or covenant pursuant to

section 219 of the Land Title Act in favour of the Crown at the time the subdivision is registered, and such condition or covenant shall be satisfactory to the approving officer and shall restrict or prohibit the construction of buildings or structures, and (or) the use of any parcel. [am. B.C. Reg. 4/2010, s. 3.] (

Section 4.08)
1 In this Appendix, unless the context otherwise requires:
"arterial" means a highway intended to carry large volumes of traffic at medium and high speeds primarily between major traffic generators, and it is not intended to directly serve adjacent land;
"collector" means a highway located within an area of major traffic generation and which is used primarily for the collection and distribution of traffic between arterials and locals as well as to some adjacent land;
"K value" means the distance required in feet to effect a 1% change in gradient on a vertical curve;
"local" means a highway located within an area of major traffic generation and used primarily to provide access to adjacent land.

2 The likely or intended use of the land, the climate prevailing in the area, the relation of the subdivision to the surrounding highway system, the topography and the necessity for on-street parking shall be taken into account, and design speed and finished grade width of roadway set accordingly as in sections 3 and 4 of this Appendix. 4 Finished road grade width shall be 32 feet for local roads with parking and also for arterials and collectors and 24 feet for other roads. A finished grade width of 20 feet may be approved in special circumstances by the approving officer. Side slopes in surfacing and subgrade are not to be steeper than 2:1.

5 Drainage is to be adequate in the opinion of the approving officer, and all ditches, pipes, etc., are to be carried to natural drainage features as far as possible. 7 All drainage facilities, including culverts, are to be designed for 30 year flood in urban areas, suburban areas and rural areas likely to grow into suburban areas and in all other areas to be designed for 10 year flood. 8 Any drainage appurtenances shall conform to C.S.A. or A.S.T.M. specifications for the purpose for which it is intended. 9 All bridges and span or box culverts are to be designed by a professional engineer to AASHO H20S16 loading for local roads, and to AASHO H25S20 loading for collectors and arterials.

10 With the exception of those trees and shrubs the District Highway Manager of the ministry of the minister responsible for the administration of the Transportation Act approves as worthy of preservation and which are located close to the edge of a highway allowance intended for vehicular use, the full width of all highways shall be cleared and grubbed. Brush, debris, stumps and roots shall be disposed of to the satisfaction of the District Highway Manager of the ministry of the minister responsible for the administration of the Transportation Act.

11 Roads shall be surfaced in 2 courses:
(a) a lower course composed of select granular material passing 3 inch mesh as per Ministry of Transportation Highways specification 202.7, and
(b) an upper course composed of a minimum of 3 inches of 3/4 inch crushed or screened aggregate, as per Ministry of Transportation and Highways specification 202.4,
and the minimum depth of the 2 courses shall be 6 inches. Where more material is required to build a sound and uniform roadway, the lower course shall be increased in depth.

12 The approving officer may also require asphaltic or portland cement concrete surfacing as per Ministry of Transportation and Highways specification, sections 220, 222 and 223, to a width not less than 4 feet narrower than the finished road grade width (see

section 4). 13 All construction practice and procedure shall be generally to the standard of the Ministry of Transportation and Highways General Specifications. (Sections 6.04 (a) and 6.06)
1 A percolation test shall be made and, depending on the resulting percolation rate, no less area than given below shall be added to the minimum parcel size in

section 6.02 or 6.03, as the case may be, of the Subdivision Regulations:
2 Depending on the slope measured from the uppermost point on the parcel to the lowest point on the parcel, the results obtained in

section 1 above shall be increased in accordance with the following:
3 Regardless of the smallest parcel size permitted in accordance with sections 1 and 2 above, the parcel shall contain an area of soil suitable for sewage disposal not smaller than the following, as determined by the percolation rate:
4 There shall be a minimum of 4 feet of natural porous topsoil above the groundwater table in the area of soil referred to in

section 3 above, and a representative number of testholes shall be dug in that area to a minimum depth of 4 feet to demonstrate this. 5 The area of soil required for sewage disposal in

section 3 above shall be capable of meeting the siting requirements for absorption fields in the Regulations Governing Sewage Disposal. 6 Percolation tests shall be undertaken, as follows:
(a) Percolation test holes shall be made at points and elevations selected as typical in the area of the proposed disposal field. (b) One of these test holes shall be dug at each end of the area of the disposal field. Further holes may be required, depending on the nature of the ground and the results of the first test and the size of the proposed field. (c) Test holes are usually drilled using an auger and to the depth of the proposed absorption trench.

The standard depth is 24 inches, but the Public Health Inspector may approve or require holes varying from 18 to 32 inches in depth. (d) The soil should be examined as it is removed from the test hole for some indication of its composition and likely percolation rate. (e) To make the percolation test more accurate, any smeared soil should be removed from the walls of the test hole. (f) If the soil contains considerable amounts of silt and (or) clay, the test hole should be presoaked before proceeding with the test. To do this, keep the hole as fully filled with water as possible for 4 hours. Proceed with the test immediately after presoaking. (g) To undertake the test, fill the test hole with water.

When the water level is 5 inches or less from the bottom of the hole, refill the hole to a depth of 24 inches or to the top. No recording of time need be done for these 2 fillings. (h) When the water level after the second filling (step (g)) is 5 inches or less from the bottom of the hole, add enough water to bring the depth of water to 6 inches or more. (i) Observe the water level until it drops to the 6 inch depth. At precisely 6 inches, commence timing. When the water level reaches precisely 5 inches depth, stop timing.

(j) The time in minutes for the water level to drop 1 inch is the percolation rate for that hole and is recorded in minutes per inch. The percolation rate of the absorption field is the average rate of all the percolation tests made for that field. (k) Backfill the holes with the excavated soil and repeat the test in other locations. Record the results and submit to the local authorities. NOTE ON

SECTION 6 — A percolation test is used to measure the permeability of the soil at the depth of the proposed drainage field. The percolation test will determine the rate, which is a measure of the time in minutes for the water level in a hole to drop 1 inch (from 6 inches from the bottom to 5 inches from the bottom of the hole) and is recorded in minutes per inch. [Provisions of the Local Services Act, R.S.B.C. 1996, c. 276, s. 4 and B.C. Reg. 183/59.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 29 or 33.1;
"exploration and development" has the meaning in the regulations;
"former Acts" means the Mineral Act, R.S.B.C. 1979, c. 259, or the Mining (Placer) Act, R.S.B.C.

1979, c. 264, and their predecessor Acts;
"free miner" means a person who holds a valid and subsisting free miner certificate issued under this Act or any of the former Acts;
"hand pan" means to wash mineralized earth and gravel by agitation in a hand held pan so as to separate and recover those minerals or placer minerals having the greatest specific gravity;
"lease" means a mining lease or a placer lease and includes a legacy lease;
"legacy" when used in relation to a claim or lease means a claim or lease made before the coming into force of this definition;
"locate" and "location" refer to the identification on the ground, subject to

section 24.1 (5), of a mineral title, whether by means of marks, posts or otherwise, that is carried out in accordance with the regulations;
"location time and date" means the time and date recorded on a tag on completion of a claim;
"locator" means an individual responsible for establishing a location and whose name appears in that capacity on the tags and documents relating to the location;
"mineral" means an ore of metal, or a natural substance that can be mined, that is in the place or position in which it was originally formed or deposited or is in talus rock, and includes
(a) rock and other materials from mine tailings, dumps and previously mined deposits of minerals,

section 2 (1),
but does not include
(d) coal, petroleum, natural gas, marl, earth, soil, peat, sand or gravel,
(e) rock or a natural substance that is used for a construction purpose on land that is not within a mineral title or group of mineral titles from which the rock or natural substance is mined,
(f) rock or a natural substance on private land that is used for a construction purpose, or
(g) rock or a natural substance prescribed under

section 2 (2);
"mineral claim" means a claim to the minerals within an area which has been located or acquired by a method set out in the regulations and includes a claim to minerals recorded under one of the former Acts;
"mineral lands" means lands in which minerals or placer minerals or the right to explore for, develop and produce minerals or placer minerals is vested in or reserved to the government, and includes Crown granted 2 post claims;
"mineral substance" means a substance that is a mineral under this Act, but was not a mineral under the Mineral Act, R.S.B.C.

1979, c. 259;
"mineral title" means a claim or a lease;
"mining activity" means any activity related to
(a) the search for a mineral or placer mineral,
(b) the exploration and development of a mineral or placer mineral, or
(c) the production of a mineral or placer mineral,
and includes the reclamation of a previously mined area and the monitoring and long term protection, control and treatment of a previously mined area;
"mining lease" means a mining lease issued under

section 42 and a legacy mining lease;
(a) the government for land so owned, or
(b) a person registered in the land title office as the owner of the land;
"placer claim" means a claim to the placer minerals within an area which has been located or acquired by a method set out in the regulations;
"placer lease" means a placer lease issued under

section 45 and a legacy placer lease;
"placer mineral" means ore of metal and every natural substance that can be mined and that is either loose, or found in fragmentary or broken rock that is not talus rock and occurs in loose earth, gravel and sand, and includes rock or other materials from placer mine tailings, dumps and previously mined deposits of placer minerals, but does not include a mineral substance or the substances described in paragraphs (d) to (g) of the definition of "mineral" in this section;
"private land" means land owned in fee simple by a person other than the government;
"protected heritage property" means land or an object that is

section 614 (3) (b) of the Local Government Act in a schedule to an official community plan;
"recorded holder" means a person whose name appears as the owner of the mineral title on the record of that title in the registry;
"register" means register in the registry;
"registry" means the mineral titles online registry established and maintained by the chief gold commissioner under

section 6.2 (1);
"surface area" means surface area of land and land under water;
"talus rock" means rock that occurs in fragments or particles lying on or above or adjacent to the place or position in which it was originally formed or deposited;
"unit" means an area having prescribed dimensions that is contained in a claim, and may, subject to the regulations, include a 2 post claim. 2 (1) For the purpose of paragraph (c) of the definition of "mineral" in

section 1, the minister and the minister responsible for administration of the Land Act may jointly make regulations prescribing a rock or natural substance as a mineral. (2) For the purpose of paragraph (g) of the definition of "mineral" in

section 1, the minister and the minister responsible for administration of the Land Act may jointly make regulations prescribing that a rock or natural substance is not a mineral. (3) No compensation is payable by the government to any person and no proceedings may be commenced or maintained to claim compensation from the government as a result of a regulation made under subsection (1) or (2). 3 (1) The chief gold commissioner may, by order, designate any portion of British Columbia as a mining division and may establish a gold commissioner's office for it.

(2) If a designation is made under subsection (1), the chief gold commissioner must, without delay, publish notice of the designation in the Gazette and publication is deemed to be notice to all persons concerned. 4 (1) A chief gold commissioner and one or more gold commissioners may be appointed under the Public Service Act. (2) The chief gold commissioner has general supervision of the gold commissioners and persons appointed under subsection (5). (3) The chief gold commissioner may exercise a power given to a gold commissioner by this Act. (4) A gold commissioner may, at any reasonable time, enter and examine land covered by a mineral title.

(5) There may be appointed for the proper administration of this Act mineral title inspectors and other persons
(a) whose remuneration is either by way of salary or by commission on fees collected, and
(b) having those powers and duties of a gold commissioner that are conferred on them in writing by the chief gold commissioner. (6) The chief gold commissioner may appoint one or more gold commissioners to be a deputy chief gold commissioner, and may delegate to any person employed in the ministry some or all of the functions of the chief gold commissioner other than powers to make regulations under sections 22 and 46.

5 (1) A written copy of any record kept in the registry, certified by the chief gold commissioner to be a true copy, must be received in a court without proof of the signature of the chief gold commissioner. (2) Any notice or information that the chief gold commissioner is required to give to a recipient under this Act may be given
(b) by being transmitted by electronic means to the recipient, or
Part 1.1 — Mineral Titles Online Registry
6.1 Despite

section 2 (4) (d) of the Electronic Transactions Act, that Act applies to this Part. 6.2 (1) The chief gold commissioner must establish and maintain a mineral titles online registry for the purposes of registrations respecting claims, leases and notices. (2) In addition to any requirements under the regulations, the chief gold commissioner may
(a) establish requirements for information that must be supplied to effect a registration and the format in which the information must be supplied, and may make those requirements known electronically to users of the registry,
(b) establish any other matter or requirement in order to ensure proper functioning of the registry, and
(c) require a registration to be made electronically in accordance with the regulations.

(3) The electronic signature of an applicant for registration must be incorporated into the electronic application in accordance with the requirements of the chief gold commissioner. (4) An electronic application or electronic instrument is submitted for the purposes of this Part when the application or instrument is entered electronically into the registry using the technology established by the chief gold commissioner and in accordance with the requirements of the chief gold commissioner. 6.31 (1) The following changes to a claim are not effective until registered:
(a) an amalgamation of claims under

section 6.36;
(e) any other kind of change specified in the regulations for the purposes of this subsection. (2) The recorded holder of a lease must register the following changes to a lease, and the changes are not effective until registered:
(a) a renewal of the lease under

section 42, 45 or 47;
(b) a change in the area of the lease under

section 44 or 47;
(c) any other kind of change specified in the regulations for the purposes of this subsection. (3) The chief gold commissioner may register the following against a claim or lease:
(a) notice of any order made by the chief gold commissioner;
(c) notice of a complaint under

(d) any other matter specified in the regulations for the purposes of this subsection. 6.32 (1) A recorded holder of a mineral claim or a placer claim who wishes to convert the claim to a mining lease or placer lease under

section 42 or 45 must register an application for the lease. (2) A person referred to in

section 53 (2) (a) who wishes to obtain a mining lease or placer lease under section 42 or 45 must register an application for the lease. (3) When a lease is entered into under subsection (1) or (2), the chief gold commissioner must register the information required by the chief gold commissioner respecting the lease and give notice of the registration to the recorded holder. 6.33 (1) To abandon a claim or surrender a lease, the recorded holder must register a discharge of the claim or lease. (2) The abandonment or surrender does not entitle the recorded holder to a refund of fees or other money paid under this or a former Act.

(3) The chief gold commissioner may register a notice of a forfeiture of a claim under

section 35 or of a lease under section 50. 6.34 A recorded holder of a claim or lease or a person who meets the requirements under the regulations in relation to a claim or lease may register a transfer of ownership to another person in accordance with the regulations. 6.35 A person may register a document or notice relating to a mineral title according to the regulations. 6.36 (1) The chief gold commissioner may
(a) delete or correct an entry in the registry in accordance with the regulations, or
(b) delete or amend an entry in the registry if the registration does not comply with the Act or the regulations.

(2) If the chief gold commissioner deletes, corrects or amends an entry, the chief gold commissioner must give notice to any affected person. (3) A notice under subsection (2) may be given before or after deleting, correcting or amending an entry in the registry. 6.4 If there is a difference between electronic information in the registry and other information or another document, the information in the registry prevails, whether or not the other information or the other document contains an original signature. 6.5 Sections 25 (3) and (4) and 25.5 (1) and (2) of the Interpretation Act do not apply to a time specified, or the expiration of a period, under this Act for doing something in the registry.

6.6 Despite any other provision of this Act, the chief gold commissioner may
(a) suspend one or more of the functions of the registry if the chief gold commissioner is satisfied that circumstances are such that it is not practicable to provide those functions, and
(b) if the chief gold commissioner is satisfied that, but for a suspension under paragraph (a), an application for registration or a record submitted to the chief gold commissioner would have been received on a date within the suspension period,
(i) the chief gold commissioner may date the registration or accept the record as of that date, and
(ii) the date referred to in subparagraph (i) must be considered for all purposes to be the date on which the record was received by or filed with the chief gold commissioner.

6.7 Only one claim or lease may be registered with respect to a cell, unless the registration is in respect of the following:
(a) an area of a cell over which the mapping of a legacy claim has been challenged;
(b) a cell only part of which is covered by a legacy claim, and the registration is in respect of the part of the cell that is not covered by the legacy claim;
(c) a claim or lease under

section 53 (2);
(d) one cell covered by any of the following:
(i) a mineral claim and a placer claim;
(ii) a mineral claim and a placer lease;
6.8 (1) Registration is effective from the time of payment of the prescribed fee for registration, if any, or if there is no prescribed fee, the date of registration as recorded by the registry. (2) If more than one payment is received for the same registration, the order of registration is determined by the time of payment, if any, as determined by the time confirmation of payment is received by the Minister of Finance.

6.9 The chief gold commissioner may authorize a person to use a means of registration other than a means required by this Act, if satisfied that
(a) it is necessary to avoid great hardship or great injustice, and
7 A person, other than the government, must be a free miner to
(a) be registered as a recorded holder of a claim or lease,
8 (1) For the purposes of this section, "Canadian corporation" means
(a) a company or an extraprovincial company as those terms are defined in the Business Corporations Act,
(b) a trust company registered under the Trust Company Act, R.S.B.C.

1979, c. 412,
(c) an insurer licensed under the Insurance Act, or
(2) On application in the prescribed form and on payment of the prescribed fee, a free miner certificate must be issued to an applicant who is
(a) a person age 18 or over and ordinarily a resident of Canada for at least 183 days in each calendar year or authorized to work in Canada,
(b) a Canadian corporation, or
(c) a partnership consisting of partners who are persons that qualify under paragraph (a) or (b).

(a) must be in the prescribed form,
(c) must be issued in the name of one person,
(d) may be renewed, on application and on compliance with this Act and the regulations,
(e) is proof of every fact contained in it, and
(f) is valid from the beginning of the day on which it is stated to be issued until the end of the day it expires. (4) Despite subsection (2), the chief gold commissioner may issue a free miner certificate to an applicant who does not meet the eligibility requirements under subsection (2) if, because of legitimate circumstances acceptable to the chief gold commissioner, the applicant requires a free miner certificate to conduct business in British Columbia. (5) Without limiting

section 7, a person may hold a mineral title without holding a free miner's certificate. (6) A free miner certificate may be issued in electronic form. 9 (1) Subject to subsection (2), a person who is not a free miner may hand pan for recreation purposes. (2) A person must not hand pan on a valid mineral title unless the person receives permission from the recorded holder of the mineral title.

10 (1) If the chief gold commissioner is satisfied that a free miner has, with respect to activities related to the operation or use of a mineral title, contravened this Act, the regulations, the Criminal Code, the Heritage Conservation Act, the Mines Act, the Mining Right of Way Act or the Health, Safety and Reclamation Code for Mines in British Columbia, the chief gold commissioner must notify the free miner
(a) of the particulars of the contravention, and
(b) of the chief gold commissioner's intention to cancel the free miner's certificate,
and the free miner may, within 30 days after service of the notice, request a hearing.

(2) After the hearing, if any, or the expiration of the 30 day period, whichever is applicable, the chief gold commissioner may cancel the free miner certificate and the free miner may not apply for another certificate except in accordance with conditions the chief gold commissioner may specify. (3) If a certificate is cancelled under subsection (2),
(a) the chief gold commissioner must serve a notice of the cancellation on the person affected, and
(b) that person may, within 30 days after service of the notice under paragraph (a), appeal the cancellation to a judge of the Supreme Court.

(4) On the request of the appellant and on payment of the prescribed fee, the chief gold commissioner must supply to the appellant certified copies of all records on which the chief gold commissioner relied before making the notification under subsection (1). (5) An appeal from a decision of the court lies to the Court of Appeal with leave of a Justice of the Court of Appeal. 11 (1) Subject to this Act, only a free miner or an agent of a free miner may enter mineral lands to explore for minerals or placer minerals.

(2) The right of entry under subsection (1) does not extend to
(a) land occupied by a building,
(b) the curtilage of a dwelling house,
(e) land lawfully occupied for mining purposes, except for the purposes of exploring and locating for minerals or placer minerals as permitted by this Act,
(f) protected heritage property, except as authorized by the local government or minister responsible for the protection of the protected heritage property, or
11.1 (1) In this section, "mining exploration" does not include the collection of a bulk sample of more than 1 000 tonnes of ore.
(2) A recorded holder of a mineral title or an owner of a Crown granted 2 post claim must be issued a special use permit under the Forest Practices Code of British Columbia Act, subject to any terms and conditions set by the issuing authority, for the construction of appropriate access to the area of that mineral title or Crown granted 2 post claim for mining exploration, if the recorded holder or owner
(b) applies for and receives the written approval of the Chief Inspector of Mines to the issuance under the Forest Practices Code of British Columbia Act of the special use permit, and

(3) For the purpose of this section, the Chief Inspector of Mines, after considering practicable alternative means of access, may grant or refuse the written approval referred to in subsection (2).

12 The following are individual and distinct mineral titles constituted, acquired and maintained independently:
13 (1) If a dispute arises between
(a) recorded holders on the same mineral lands, or
(b) a recorded holder of a mineral title and a person having a right under another enactment to a mineral substance in the lands to which the mineral title relates,
respecting
(c) whether a substance is a mineral, a mineral substance or a placer mineral, or
(d) the exercise of rights conferred under this Act or any of the former Acts,
the issue must, on application to the chief gold commissioner by a party to the dispute and subject to subsection (2), be decided by the chief gold commissioner, and the chief gold commissioner may make any order the chief gold commissioner considers appropriate.

(2) Before making an order under subsection (1) respecting a dispute about a mineral or mineral substance or the exercise of rights under another enactment, the chief gold commissioner must, in writing, consult with a public officer designated by the minister responsible for administration of the Land Act. (3) Each party to the dispute must be served with notice of the decision made under subsection (1). (4) Information received as a result of consultation under subsection (2) may be reduced to writing and shall form part of the record of the dispute between the parties, and a copy of that writing must be provided to each party.

(5) A copy of an order made under subsection (1) may be filed at any time in a Supreme Court registry and enforced as if it were an order of the court.

(6) If there is insufficient evidence to enable the chief gold commissioner to determine under subsection (1) or a judge to determine under subsection (7) or (8) whether a substance is a mineral, a placer mineral or a mineral substance, the chief gold commissioner or the judge must decide the issue in favour of,
(a) if the dispute is between persons referred to in subsection (1) (a), the person whose mineral title was first located or registered, and
(b) if the dispute is between persons referred to in subsection (1) (b), the person who first became entitled to the minerals or the mineral substance.

(7) A party to a dispute who is aggrieved by the decision of the chief gold commissioner under subsection (1) may, within 30 days after service of the notice under subsection (3), appeal the decision to a judge of the Supreme Court. (8) An appeal lies from a decision of the court under subsection (7) to the Court of Appeal with leave of a Justice of the Court of Appeal.

14 (1) Subject to this Act, a recorded holder may use, enter and occupy the surface of a claim or lease for the exploration and development or production of minerals or placer minerals, including the treatment of ore and concentrates, and all operations related to the exploration and development or production of minerals or placer minerals and the business of mining. (2) Despite subsection (1), no mining activity may be done by the recorded holder until the recorded holder receives the permit, if any, required under

section 10 of the Mines Act. (3) Subject to the terms and conditions set by the issuing authority under the Forest Act, a recorded holder of a mineral title that is not in production must on request be issued either a free use permit or an occupant licence to cut under that Act at the option of the government. (4) The recorded holder of a mineral title that is in production or being prepared for production must on request be issued an occupant licence to cut under the Forest Act, subject to terms and conditions set by the issuing authority.

(5) Unless the location is one of the following, a land use designation or objective does not preclude application by a recorded holder for any form of permission, or approval of that permission, required in relation to mining activity by the recorded holder:
(d.1) an area of Crown land if

section 93.1 of the Land Act, for a purpose under that section, and
15 (1) If a person holds a mining lease that is located on land that
(a) is unreserved land owned by the government,
(b) is not lawfully occupied for a purpose other than for mining, and
(c) is not protected heritage property. and the minister certifies that the surface rights are or will be required by the recorded holder for the purposes of a mining activity, the minister having responsibility for the Land Act must, on application of the holder, dispose of the surface rights to that holder.

(2) For the purposes of subsection (1), the minister responsible for the Land Act may dispose of the surface rights to that holder
(b) on the terms and conditions that minister considers to be in the public interest, and
(c) on payment of an amount set by that minister based on the value of the unimproved land. (3) If the minister refuses to certify that the surface rights are or will be required, the minister must serve the recorded holder with a notice of that fact. (4) Failure to certify under subsection (3) within 6 months from the date of the application for certification constitutes refusal.

16 (1) If an application to acquire surveyed Crown land is received by a commissioner under the Land Act before a claim is located or registered on that land, and the application results in an acquisition under that Act, the rights with respect to the acquisition of the surface of the land have priority over the rights with respect to a claim subsequently located or registered on that land.

(2) If an application to acquire unsurveyed Crown land is received by a commissioner under the Land Act and
(a) staking of the land under that Act for the purpose of the application is completed before a claim is located or registered on that land, or
(b) the application results in acquisition under that Act,
the rights with respect to the acquisition of the surface of the land have priority over the rights with respect to a claim subsequently located or registered on that land.

(3) If a disposition is made of surface rights to Crown land, whether surveyed or unsurveyed, and at the time of disposition there is a valid mineral title over the Crown land, the disposition of surface rights does not diminish the rights of the recorded holder except to the extent otherwise determined
(a) by order of the chief gold commissioner under

section 17,
(c) by order of the Surface Rights Board in a settlement under

section 19 (4), or
(d) by a quit claim agreement between a recorded holder and a subsequent holder of the surface rights. 17 (1) Despite this or any other Act, the minister may, by order, restrict the use of surface rights, or restrict the right to or interest in minerals or placer minerals, comprised in all or part of a mineral title if the minister considers that all or part of the surface area is or contains a cultural heritage resource or that the surface area, or the right to or interest in the minerals or placer minerals, should be used for purposes other than a mining activity. (2) No compensation is payable as a result of an order under subsection (1).

(3) The chief gold commissioner must serve the order on the recorded holder and register notice of the order in the registry. (4) A person aggrieved of an order of the minister under subsection (1) may, within 30 days after service of notice of the order, appeal the order to a judge of the Supreme Court. (5) An appeal lies from an order of the court under subsection (4) to the Court of Appeal with leave of a Justice of the Court of Appeal. 17.1 (1) If, after the coming into force of this section, the minister responsible for the administration of the Park Act expropriates under

section 11 of the Park Act the rights of a recorded holder of a lease or claim or of an owner of a Crown granted 2 post claim, compensation is payable to the recorded holder or owner, as the case may be, in an amount equal to the value of the rights expropriated, to be determined under the regulations. (2) If the minister responsible for the administration of this Act and the recorded holder or owner, as the case may be, do not agree as to the amount of compensation that is payable under subsection (1), the minister or the recorded holder or owner may require the dispute to be settled by a single arbitrator who has the prescribed qualifications and is to be appointed by the minister.

(3) The award of the single arbitrator appointed by the minister responsible for the administration of this Act is binding on the parties to the arbitration. (4) Despite subsection (1), no compensation is payable under this section to the recorded holder of a claim if the minister believes on reasonable grounds that the claim was acquired or is being held
(a) for other than a mining activity, or
(b) mainly in the expectation of receiving compensation or other consideration if the area, under the Park Act, is acquired or expropriated.

18 (1) If the recorded holder or other person conducting operations in respect of a mineral title does not comply with a provision of this Act or the regulations or a provision of any other enactment with respect to a mining activity, or contravenes the protection of a protected heritage property, the chief gold commissioner may
(a) notify the recorded holder or other person of the provision that the chief gold commissioner considers is not being complied with, and
(b) order the recorded holder or other person to comply with the provision within a period of time specified in the notice.

(2) If the recorded holder or other person does not comply with the order under subsection (1) (b) within the period of time specified, the chief gold commissioner may, by order,
(a) suspend any exploration and development or production of minerals or placer minerals carried out by the recorded holder or other person until the provision has been complied with, and
(b) specify conditions under which the suspension will be lifted.

(4) The chief gold commissioner may, by order, cancel the claim of a recorded holder who deliberately fails to comply with
(a) an order of the chief gold commissioner or other person under this section,
(b) this Act or the regulations,
(c) the Mines Act or the Health, Safety and Reclamation Code for Mines in British Columbia,
(d) the protection of a protected heritage property under the Heritage Conservation Act, or
(e) any enactment under which a mining activity has been or is required to be authorized. (5) The chief gold commissioner must serve notice of the cancellation of a claim on the recorded holder and register the cancellation in the registry.

(6) A recorded holder aggrieved by a cancellation under subsection (4) may, within 30 days after service of notice of the cancellation of the claim, appeal the decision to a judge of the Supreme Court. (7) An appeal lies from a decision of the court under subsection (6) to the Court of Appeal with leave of a Justice of the Court of Appeal. 19 (1) A person must not begin a mining activity unless
(a) the person first serves notice, in the prescribed form and manner, on
(i) the owner, other than the government, of every surface area,
(ii) the holder of a lease of Crown land under

section 11 of the Land Act granting the holder exclusive surface rights to the leased land, and
(iii) the holder, under Part 5 of the Land Act, of a disposition of Crown land,
on which the person intends to work or intends to utilize a right of entry for that purpose, and
(b) the prescribed period has elapsed from the date that notice was served under paragraph (a). (1.1) The chief gold commissioner, in the prescribed circumstances, may exempt a person from the requirements of subsection (1).

(2) A free miner or recorded holder, or any person acting under or with the authority of a free miner or recorded holder, is liable to compensate the owner of a surface area for loss or damage caused by the entry, occupation or use of that area or right of way by or on behalf of the free miner or recorded holder for location, exploration and development, or production of minerals or placer minerals.

(3) On receipt by the chief gold commissioner of an application from a free miner, recorded holder, owner or other person who, in the opinion of the chief gold commissioner, has a material interest in the surface, the chief gold commissioner must use best efforts to settle issues in dispute between them arising from rights acquired under this Act in respect of entry, taking of right of way, use or occupation, security, rent or compensation.

(4) If the chief gold commissioner is unable to settle the dispute to the satisfaction of the parties to the dispute, the Surface Rights Board under the Petroleum and Natural Gas Act has, on application by a party to the dispute, authority to settle the issues in dispute and, for this purpose, Part 17 of the Petroleum and Natural Gas Act applies. (5) In an arbitration under subsection (4) involving a conflict between rights acquired under this Act and rights acquired under the Land Act, the Surface Rights Board must take into account which of the rights was applied for first and, unless injustice would result, must give the holder of those rights due priority in its consideration of the dispute between the parties.

(6) A copy of an order made by the Surface Rights Board under subsection (4) may be filed at any time in a Supreme Court registry and enforced as if it were an order of the court. (7) If an owner of private land opposes entry on the land by a recorded holder on the grounds that the intended activity would obstruct or interfere with an existing operation or activity on the land or with the construction or maintenance of a building, structure, improvement or work on the land, the Surface Rights Board must determine the impact of the intended entry and must determine which parts of the land would be affected by that entry.

(8) If, under subsection (7), the Surface Rights Board determines that it is not possible to enter the land or a part of it without obstruction or interference, in addition to any other order it makes, the board must make an order
(a) specifying conditions of entry that will minimize the obstruction to or interference with the existing circumstances of the land, and
(b) specifying compensation for obstruction to or interference with enjoyment of the land.

(9) Without limiting the factors that the board may consider in making a decision under this section, in making a determination under subsections (7) and (8) the board must take into account the extent of the obstruction or interference with respect to the following:
21 Despite any Act, agreement, free miner certificate or mineral title, a person must not locate a mineral title, carry out exploration and development or produce minerals or placer minerals in a park created under an Act of British Columbia or of Canada or in an area of land established as a Provincial heritage property under

section 11.1 of the Heritage Conservation Act unless authorized by the Lieutenant Governor in Council on the recommendation of the person, corporation or government that is responsible for the park or the area of land. 22 (1) Despite any other provision of this Act, the chief gold commissioner may, by regulation, establish a mineral reserve on land specified in the regulation.

(2) A regulation made under subsection (1) may do any of the following:
(a) prohibit a free miner from registering a mineral title on land covered by the mineral reserve;
(b) permit the registering of a mineral title under circumstances and subject to the limitations contained in it, despite any provision of this Act;
(c) prohibit a mining activity located within and included in the mineral reserve, either absolutely or under circumstances specified in the mineral reserve, and may prescribe
(i) specific maintenance requirements that differ from those required by

section 29, and
(ii) the term of a claim and the conditions of forfeiture of a claim;
(d) prohibit a free miner or recorded holder from obstructing, endangering or interfering with or allowing any other person to obstruct, endanger or interfere with the construction, operation or maintenance of a transmission line, pipeline or other work, structure or activity on all or part of the land in the mineral reserve;
(e) be made applicable to all minerals and placer minerals or to the mineral or placer mineral specified in it;
(f) provide that obligations imposed by this Act or the regulations on the recorded holder of a mineral title in the mineral reserve, are relieved for the period and on the conditions specified in it;
(g) provide that a refund of all or part of a sum of money paid under this Act may be made to a recorded holder of a mineral title in the mineral reserve respecting a period either before or after the making of it.

(3) If a regulation establishing a mineral reserve or a placer mining reserve or both under any of the former Acts is in effect on July 14, 1988,
(a) a reference in the regulation to the locating of a mineral claim or to the staking or acquisition of a location is deemed to be a reference to the locating of a mineral claim or a placer claim as each of those terms is defined in this Act,
(b) if the regulation established only a mineral reserve,
(i) a reference to the locating or recording of a mineral claim is deemed to include in addition a reference to the locating or recording of a placer claim under this Act, and
(ii) a condition of the regulation that applies in respect of the locating or recording of a mineral claim applies also in respect of the locating or recording of a placer claim, and
(c) the reserve continues in effect until the earlier of
(i) the date of expiry provided for in the regulation, or
(ii) the date the reserve is cancelled by regulation of the chief gold commissioner.

(4) If a regulation is made under subsection (1), no persons are entitled to compensation for any loss or damage to their interest in a mineral title located in the mineral reserve if
(a) the loss or damage arises, other than through negligence, out of the construction or use of any work or structure by the person designated in the regulation, and
(b) the mineral title was located or registered after the making of a regulation under subsection (1).

(5) If some or all of the land comprising a mineral reserve established under this or a former Act is subsequently included in one or more other mineral reserves under subsection (1), in the area of the overlap,
(a) to the extent the terms or conditions that apply in one mineral reserve are not inconsistent with the terms or conditions that apply in the other mineral reserves, all those terms and conditions apply in the area of the overlap, and
(b) to the extent that the terms or conditions that apply in one mineral reserve, whether established before or after another mineral reserve, conflict or are inconsistent with the terms or conditions that apply in other mineral reserves, the terms or conditions having the highest rank under subsection (6) apply in the area of the overlap.

(6) Terms or conditions imposed in a regulation under this section are ranked from the highest to the lowest as follows:
(a) an absolute prohibition of a mining activity under subsection (2) (c);
(b) a prohibition of mining activity under specified circumstances under subsection (2) (c);
(c) a prohibition under subsection (2) (a);
(d) a prohibition under subsection (2) (d). (7) If a mineral reserve to which subsections (5) (b) and (6) apply is cancelled and subsection (5) (b) continues to apply in respect of reserves that overlapped with the cancelled reserve, the terms or conditions having the highest rank under subsection (6) apply in the area of the overlap.

(8) Subsections (5) to (7) are retroactive to the extent necessary to apply to all mineral reserves that overlap with other mineral reserves on the date this section comes into force. 24.1 (1) A legacy claim continues until forfeited, cancelled, terminated, abandoned or converted to a lease. (2) A legacy lease continues until it expires, is surrendered or otherwise terminates. (3) The inclusion of part of a legacy claim in an area in which the location or registration of that part is prohibited does not affect the validity of the location of the remainder of the claim, and the location of any post does not invalidate the claim.

(4) Priority of location of a legacy claim is based on the time that the location was completed so long as it was located in the prescribed manner. (5) The identification on the ground of a legacy claim or legacy placer lease may be made by a map approved for that purpose by the chief gold commissioner, and if there is a difference between the identification of a legacy claim or a legacy placer lease as determined by that map and the identification of the legacy claim or legacy placer lease as determined by stakes, marks or posts, the identification as determined by the map prevails.

24.2 In accordance with the regulations, mineral cell claims may be amalgamated with other adjoining mineral cell claims, and placer cell claims may be amalgamated with other adjoining placer cell claims, if the amalgamated claims are held by the same recorded holder. 24.3 In accordance with the regulations, the recorded holder of a cell claim comprising 2 or more cells may subdivide the claim into 2 or more cell claims that are not less than one cell in size. 25 The recorded holder of a cell claim who complies with the regulations may reduce the area of the claim by registration under

section 6.31. 26 (1) A Crown granted 2 post claim that has reverted, escheated or been surrendered to the government, or is otherwise acquired by the government, before or after this Act comes into force, may be disposed of as a mineral claim in accordance with the regulations. (3) An area covered by a Crown granted 2 post claim that escheats to the government is not available for acquisition as a mineral title until one year elapses from the date that the escheat occurs.

28 (1) Subject to this Act, the recorded holder of a claim is entitled to those minerals or placer minerals, as the case may be, that are held by the government and that are situated vertically downward from and inside the boundaries of the claim. (2) The interest of a recorded holder of a claim is a chattel interest.

29 A recorded holder may hold a claim until the expiry date, and after that, in accordance with the regulations, may hold the claim from year to year by
(a) doing exploration and development and registering a statement of the exploration and development, or making payments instead of exploration and development, and
31 If a recorded holder performs exploration and development and submits a report on that exploration and development which is acceptable to the chief gold commissioner, the recorded holder, subject to the regulations, may have the cost of that exploration and development credited to a portable assessment credit account, and the recorded holder may, to the extent authorized by the regulations, use this account
(a) to facilitate exploration and development required as a consequence of revising an expiry date, and
(b) for the purpose of sections 29 and 33.1 to keep any claim in good standing.

33 (1) If a recorded holder records exploration and development under

section 29 or 33.1, the recorded holder must submit reports to the chief gold commissioner respecting that exploration and development at the time and in the form and manner prescribed by the regulations. (2) The chief gold commissioner may order the cancellation of all or a portion of the recording of the exploration and development under

section 29 or 33.1 if the recorded holder fails to comply with subsection (1). 33.1 The recorded holder of a claim who complies with the regulations may revise the expiry date of the claim by registration. 34 (1) On the failure of a co-recorded holder or that person's personal representative to contribute the co-recorded holder's portion of the exploration and development required by

section 29, another co-recorded holder, who has performed and recorded the exploration and development may serve the delinquent co-recorded holder or the personal representative with a notice that the co-recorded holder's portion must be contributed within 3 months after service of the notice. (2) If the co-recorded holder or the personal representative fails to contribute in full, including the costs of service, during the 3 month period, the delinquent co-recorded holder's interest in the claim vests in the co-recorded holder who has performed and recorded the required exploration and development, on filing evidence satisfactory to the chief gold commissioner that the co-recorded holder or the personal representative was served and the contribution not made.

(3) If more than one co-recorded holder is to be vested with the interest of a delinquent co-recorded holder under this section, that interest vests in proportion to the interests held by the co-recorded holders who are in good standing. 35 (1) Subject to subsection (2), if a recorded holder
(a) does not perform prescribed maintenance requirements, if any, for a mineral reserve established under

section 22, or
(b) does not perform and register the exploration and development required by

section 29,
the recorded holder's claim forfeits to and vests in the government at the end of the day which is the expiry date of the claim. (2) If a recorded holder dies and because of the death

section 29 is not complied with, the mineral title of the deceased does not forfeit and vest in the government until midnight one year after the time that it would otherwise have forfeited under subsection (1). 40 (1) An interested person, or an employee of the ministry charged with the administration of this Act, may make a complaint to the chief gold commissioner that
(b) a person has knowingly made a false statement or report under

section 29, 33 or 33.1 or in a registration or an application for a registration under section 29, 33 or 33.1, or
(c) a claim has been acquired or held for purposes other than a mining activity. (2) A complaint under subsection (1) (b) must be made within one year after the statement or report was registered with the chief gold commissioner. (2.1) Complaints made under this section have priority according to the earliest notice of complaint registered against a claim.

(3) If the complainant is not an employee of the ministry, the complainant must provide, at the time the complaint is made, all of the following:
(a) the nature of the complainant's interest in the claim under complaint;
(b) a statement in the prescribed form setting out the basis of the complaint;
(4) If the complaint has been received by the chief gold commissioner in accordance with the requirements of subsections (2) and (3), the chief gold commissioner must
(b) accept the complaint for consideration or reject the complaint, and
(c) notify the complainant of the results of the review.

(5) If the complaint is accepted for consideration under subsection (4) (b), the chief gold commissioner
(a) must promptly serve notice on the recorded holder setting out the particulars of the complaint, and
(b) may cause an investigation of the complaint and the making of a report of the investigation, or require a written submission from the complainant and recorded holder respecting the complaint, or both. (6) If a report is made or submissions are received under subsection (5) (b), the chief gold commissioner must provide the complainant and recorded holder with a copy of the report and submissions, and the complainant and recorded holder are each entitled, within 30 days after receipt of the report and submissions, to make further written submissions concerning the report and submissions.

(7) After reviewing the report made under subsection (5) and any written submissions made under subsection (6), the chief gold commissioner may
(b) order the cancellation of the record of the claim effective as of the date it was recorded, or order the cancellation of the record or credit for exploration and development remaining to be performed, or both, or
(c) make any other order that the chief gold commissioner considers appropriate,
and must promptly notify the complainant and recorded holder of the decision.

(7.1) On making an order under subsection (7) (b) or (c), the chief gold commissioner may
(a) delete, correct or amend an entry in the registry,
(b) discharge the registration of a claim of the recorded holder against whom a complaint has been upheld, and
(c) if the complainant is not the government, register a cell claim of the complainant over that cell. (7.2) If the chief gold commissioner's order is overturned on appeal, the chief gold commissioner may make any changes to the register in respect of the claim that are required to implement the order of the court.

(8) The complainant or the recorded holder may, within 30 days after service of notice under subsection (7), appeal the decision of the chief gold commissioner to a judge of the Supreme Court. (9) An appeal lies from a decision of the court under subsection (8) to the Court of Appeal with leave of a Justice of the Court of Appeal. 40.1 (1) For the purposes of making a determination under

section 13 or 40, the chief gold commissioner may make an order requiring a person to do either or both of the following:
(a) attend, in person or by electronic means, before the chief gold commissioner to answer questions on oath or affirmation, or in any other manner;
(b) produce for the chief gold commissioner a record or thing in the person's possession or control. (2) The chief gold commissioner may apply to the Supreme Court for an order
(a) directing a person to comply with an order made under subsection (1), or
(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1). 40.2 The failure or refusal of a person subject to an order under

section 40.1 to do any of the following makes the person, on application to the Supreme Court by the chief gold commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:
(a) attend before the chief gold commissioner;
(b) take an oath or make an affirmation;
(d) produce records or things in the person's possession or control. 40.3 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the chief gold commissioner, or a person acting on behalf of or under the direction of the chief gold commissioner, because of anything done or omitted
(a) in the performance or intended performance of any duty under

section 13 or 40, or
(b) in the exercise or intended exercise of any power under

section 13 or 40 to 40.2. (2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith. 41 (1) A recorded holder of a mineral claim may produce ore from a claim in accordance with the regulations. (2) A recorded holder of a placer claim may produce pay dirt from a claim in accordance with the regulations. 42 (1) A recorded holder of a mineral claim who wishes to replace the mineral claim with a lease must do all of the following:
(a) comply with

(b) if required to do so by the chief gold commissioner, have the mineral claim over which the mining lease will be issued surveyed by a British Columbia land surveyor and have the survey approved by the Surveyor General;
(c) post a notice in the prescribed form in the office of the chief gold commissioner stating that the recorded holder intends to apply for a mining lease;
(d) publish promptly in one issue of the Gazette, and once each week for 4 consecutive weeks in a newspaper circulating in the area in which the mineral claim is situated, a copy of the notice referred to in paragraph (c).

(4) If the chief gold commissioner is satisfied that the recorded holder has met all of the requirements of subsection (1), the chief gold commissioner must issue a mining lease for an initial term not longer than 30 years on conditions the chief gold commissioner considers necessary. (5) If the lessee complies with this Act, the regulations and any conditions of the mining lease issued under subsection (4), the lessee is entitled to a renewal of the mining lease for one or more further terms not exceeding 30 years each, subject to the approval of the chief gold commissioner that the mining lease is required for a mining activity.

(6) The right of renewal of a mining lease under subsection (5) applies to a lease issued before December 1, 1995. 44 (1) If a lessee complies with all prescribed requirements for mapping and surveying, on application by the lessee, the chief gold commissioner may amend the area of a mining lease by deleting land from it. (1.1) If a lease is amended under subsection (1), the rental payment is not reduced until the next year of the lease. (2) It is the duty of the lessee to have the deleted area surveyed by a British Columbia land surveyor and to submit a copy of the survey plan to the Surveyor General for approval.

(3) After approving the plan under subsection (2), the Surveyor General must submit it to the chief gold commissioner, who must make the appropriate entry in the record of the lease under

section 48. 45 (1) A recorded holder of a placer claim or a placer lease issued under any of the former Acts who wishes to replace it with a lease issued under this Act must comply with subsection (2) after registration of an application for a lease under

section 6.32. (2) A placer lease may be issued to the holder of a placer claim, or to the holder of any lease of placer minerals issued under any of the former Acts, in respect of the placer minerals in that claim or lease not sooner than 28 days after notice of intention to apply for that placer lease is posted at the office of the chief gold commissioner. (3) A placer lease must not be issued until the applicant for the lease delivers to the chief gold commissioner a plan of a survey of the area of the lease, prepared and carried out in accordance with the regulations.

(3.1) If the chief gold commissioner is satisfied that the recorded holder has met the requirements of subsections (2) and (3) and the regulations respecting the issuance of a placer lease, the chief gold commissioner must issue the placer lease on conditions the chief gold commissioner considers necessary. (4) The initial term of a placer lease issued under this section must not exceed 10 years and the lessee has the right to renew the placer lease for one or more further terms not exceeding 10 years each if
(a) the lessee complies with this Act, the regulations and the conditions of the placer lease, and
(b) the chief gold commissioner is satisfied that the placer lease is required for a mining activity.

(6) A placer lease is subject to the terms and conditions that may be prescribed. (7) In addition to any terms and conditions referred to in subsection (6) that apply to a placer lease, if a placer lease is issued and no legal survey of the area of the placer lease was performed by a practising land surveyor under the Land Surveyors Act, it is a term of the placer lease that the lessee must indemnify and save harmless the government against any loss or damage sustained by the government arising out of the issuance of the placer lease.

(8) If a placer lease is issued based on a technical survey and the technical survey plan is later found to be inaccurate, the chief gold commissioner may amend the plan and revise the area of the placer lease. 46 (1) The chief gold commissioner may, by regulation, designate mineral lands in respect of which placer leases may be issued if satisfied that the value of the placer minerals in that land warrant the designation and that the issue of placer leases over them would not be contrary to the public interest. (2) Designated placer land under the former Acts is deemed to be designated placer lease land under subsection (1) until amended or revoked by regulation of the chief gold commissioner.

47 (1) If a lessee complies with all prescribed requirements for mapping and surveying, on application by the lessee the chief gold commissioner may amend the area of a placer lease by deleting land from it. (1.1) If a placer lease is amended under subsection (1), the rental payment is not reduced until the next year of the lease. (2) If the lessee of a placer lease issued under any of the former Acts complies with this Act, the regulations and the conditions of the placer lease, the lessee has the right to renew the placer lease for one further term not exceeding 10 years.

(2) A lease is an interest in land and conveys to the lessee the minerals or placer minerals, as the case may be, within and under the leasehold, together with the same rights that the lessee held as the recorded holder of the claim or group of claims, but is subject to a valid charge registered against the record of the claim. (3) Subject to subsection (2), if a lease is issued over a claim or group of claims, the title or titles of these claims are extinguished.

49 (1) If a person claims a right of any kind, either to the minerals or placer minerals in, or possession of, all or part of a mineral title which has formed the basis of an application for a lease, that person must commence a proceeding in the Supreme Court,
(a) in the case of a claim to minerals, within 80 days after the date of posting of the notice under

section 42, or
(b) in the case of a claim to placer minerals, within 21 days after the date of posting of the notice under

section 45
unless the court, on being satisfied that the failure to proceed in time was not within the plaintiff's control, orders otherwise. (3) After the filing of the final court order and after complying with all survey requirements, the person named in the order as the person having right to the lease is entitled to the issue of it for all or part of the claim duly specified in the order. 50 (1) It is a condition of every lease that before the end of a rental year the recorded holder must pay to the government the prescribed annual rental for the next rental year.

(2) If the recorded holder of a lease, other than the holder of a lease of placer minerals issued under the former Acts, does not pay the rental or fails to comply with the provisions of this Act or the regulations or conditions respecting the lease, the chief gold commissioner must serve a notice on the holder requiring the holder to comply. (3) If the holder does not comply within 30 days after service of the notice, the lease, if ordered by the chief gold commissioner, forfeits to and vests in the government as of the date specified in the order.

(4) Nothing in subsection (2) or (3) is to be construed to prevent the holder of a lease of placer minerals under the former Acts from having that lease forfeited under its terms. 51 A person may not challenge the validity of a lease in any court unless that person establishes that the lease was obtained through fraud. 53 (1) Nothing in this Act is to be construed as invalidating or diminishing
(a) a right to a mineral substance that a person acquired under another enactment before August 15, 1988, or
(b) an obligation imposed on a person referred to in paragraph (a) in respect of that mineral substance.

(2) Subject to subsections (3) and (4) and despite a mineral reserve having been established under any of the former Acts, a person who, before August 15, 1988, acquired under another enactment a right to a mineral substance in mineral lands, has, for as long as the person's right under the other enactment exists, one of the following exclusive rights:
(a) if the right under the other enactment was conferred on the person by a lease, to have the lease converted into a mining lease in respect of that mineral substance on application to the chief gold commissioner in the prescribed form, on payment of the prescribed fee and on satisfying the chief gold commissioner that the person has
(i) had the lands surveyed by a British Columbia land surveyor and had the survey approved by the Surveyor General, and
(ii) complied with

section 42 (1) (c) and (d);
(b) if the right under the other enactment was conferred on the person by a permit or a licence, to register a mineral claim over those lands in respect of that mineral substance. (3) The minister may impose terms and conditions in a mining lease referred to in subsection (2) (a), including terms and conditions that were contained in the lease under the other enactment. (4) A person on whom a right is conferred by subsection (2) must give written notice to the minister responsible for the administration of the Land Act at least 60 days before the person exercises that right.

(5) If a person exercises a right conferred on the person by subsection (2), the right the person acquired and the obligations imposed on the person in respect of that mineral substance under the other enactment are extinguished. (6) If a right under subsection (2) (a) to have a lease under the Land Act converted into a mining lease over mineral lands or a right under subsection (2) (b) to register a mineral claim in respect of a mineral substance in mineral lands is not exercised within the applicable period, the title of the recorded holder of a mineral claim or a mining lease over those lands includes, on the expiry of that period, that mineral substance.

(7) If, by the operation of this section, there is more than one recorded holder over the same mineral lands and the mineral title of one of the recorded holders
(a) forfeits to and vests in the government under

section 35 (1) or (2) or 50 (3) or under a similar provision of any of the former Acts,
(b) is cancelled by an order under

section 6.33,
then, despite the Escheat Act, the rights under that mineral title vest in the other recorded holder immediately after the forfeiture, cancellation or surrender of the title or after the expiry of the period referred to in paragraph (d), as the case may be. (a) by the operation of this section there is more than one recorded holder over the same mineral lands,
(b) the mineral title of one of the recorded holders referred to in paragraph (a) escheats to the government otherwise than by a forfeiture referred to in subsection (7) (a), and
(c) no assignment of the escheated mineral title is made under

section 8 of the Escheat Act within one year after the date the escheat occurs,
the rights under the mineral title referred to in paragraph (b) vest on the expiry of that year in the other recorded holder and the chief gold commissioner may discharge the registration of the recorded holder whose mineral title has escheated. (9) Where a person is, before December 1, 1995, the recorded holder of a mineral claim or a mining lease over mineral lands and no person has, before that date, acquired under another enactment a right to a mineral substance within those lands, the title of the recorded holder includes all minerals, as defined in this Act, within those lands.

54 (1) If the minister receives a request to amend or delete a portion of an area reserved by B.C. Reg.

138/94, as amended from time to time before or after this section comes into force, so that a free miner may acquire a mineral title for the purposes of conducting a mining activity within the reserved area and over land for which a Crown grant was issued on or after August 15, 1988, the minister and the minister responsible for the administration of the Land Act may, subject to the consent of the current owner of the land over which the Crown grant is issued, jointly make regulations to amend or delete a portion of the reserved area to allow the free miner to acquire a mineral title on the terms, conditions and limitations prescribed in the regulation.

(2) No compensation is payable by the government to any person and no proceedings shall be commenced or maintained to claim compensation from the government as the result of a regulation made under subsection (1). 56 If a court proceeding results in a change in the original boundaries of a mineral title, the court must order that
(a) a plan in accordance with the regulations be filed with the chief gold commissioner, and
(b) the expense of obtaining the plan be shared among the parties to the proceeding in the manner the court considers just.

59 (1) If a mineral title is abandoned, cancelled or forfeited, or escheats to the government, it is the duty of the last recorded holder to remove all property within the boundaries of that title within one year after the abandonment, cancellation, forfeiture or escheat, or a longer period that may be set by the chief gold commissioner. (2) If the last recorded holder fails to comply with subsection (1), the chief gold commissioner may make a vesting order respecting the property on the mineral title. (3) After an order is made under subsection (2), all of that property vests in the government and may be disposed of on terms that are considered appropriate without any compensation to the last recorded holder.

60 (1) A person who advertises a mineral title for disposition in any manner must not include more than the following in the advertisement:
(a) price and terms of disposition;
(b) person to contact, address and phone number;
(c) name given to the property, record number, lot number or lease number;
(f) a list of mining equipment to be included in the disposition.

(2) The person who advertises must ensure that the following statement is included in an advertisement respecting the sale of a mineral title and that it is of the same size print as the general body of the advertisement:
Warning — This property is offered for mining purposes only and ownership of the title to it does not include ownership of the surface rights or the right to use the surface for residential or recreational purposes. 61 A holder of a mineral title must notify the chief gold commissioner of a change in the holder's permanent address.

62 (1) If service of a notice, order or other document is required under this Act, the notice, order or document is deemed to have been served
(b) if sent by registered mail to the last known address of the person. (2) If service is by registered mail, the notice, order or other document is deemed to be served on the eighth day after posting. (3) This section does not apply if a court orders another mode of service.

63 (1) A person commits an offence who does any of the following:
(a) wilfully and without lawful excuse pulls down, defaces, alters or removes a staking or legal post, a legal corner post or other survey monument;
(b) explores for, develops or produces minerals contrary to this Act or the regulations;
(c) knowingly makes a false statement or provides false information under this Act, or in a registration;
(d) offers for sale, or sells, a mineral title for a non-mining usage. (2) Sections 4 and 5 of the Offence Act do not apply to this Act.

(3) A person who is convicted of an offence is liable to a fine of not more than $25 000 or to imprisonment for not more than 6 months, or to both. 63.1 For the purpose of determining the accuracy of information provided to the chief gold commissioner under this Act, the chief gold commissioner may require a person to provide verification of the information provided or additional information or documents that relate to the information provided. 64 (1) The Association of British Columbia Land Surveyors may make rules under

section 75 of the Land Surveyors Act that the association considers necessary or advisable respecting the conduct of surveys for the purposes of mineral titles under this Act and all matters that relate to those surveys. (2) For the purposes of this section, the Association of British Columbia Land Surveyors may make different rules for different classes of mineral titles. (3) On completion of a survey of a mineral title, the British Columbia land surveyor must forward to the Surveyor General
(a) a copy of the original plan,
(b) a statement in the form set out in the rules under

section 75 of the Land Surveyors Act made for the purposes of this section, and
(c) any fees the board of directors of the Land Title and Survey Authority of British Columbia may establish by bylaw. (4) In the absence of evidence to the contrary, field notes relating to a survey or a certified copy of them must be received in a court as evidence of the facts set out in them. 65 (1) The Lieutenant Governor in Council may make regulations referred to in

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations to provide for the following:
(a) conveyance to the recorded holder of a Crown granted 2 post claim of minerals that did not pass from the government under the original grant;
(b) staking, and the positioning of posts for the purpose of location of claims, with power to make different provisions for mineral claims and for placer claims, and conferring on the minister the power to order the repositioning of a wrongly placed post to its correct position;
(d) the disposal of mineral titles that have reverted, escheated or been surrendered to or otherwise acquired by the government, with the power to dispose of different titles by different methods;
(d.1) for the purposes of

section 17.1,
(ii) methods of evaluation for use in determining value, that may differ according to different components of value,
(iii) factors to be taken into account in an evaluation,

section 17.1;
(f) the survey of the land to be covered by a placer lease and the circumstances when gores and fractions are to be included in a placer lease;
(g) specifying the survey methods for the establishment of the area of a mining lease or placer lease and its boundaries, the preparation of the lease plan and the setting of lease provisions, and providing for the resolution of any matters in dispute respecting lease applications and development activities;
(h) limiting the number of placer claims and placer leases issued under the former Acts that can be consolidated into one placer lease;
(i) revising expiry dates for mineral titles;
(j) and (k) [Repealed 2004-22-53.]

(l) prescribing the time or times that a bulk sample on a claim may be taken and specifying the quantities of and conditions under which the bulk samples may be taken, and may specify different times, quantities and conditions for minerals and placer minerals;
(m) methods by which mineral rights are acquired;
(n) conditions in leases, with the power to set different conditions for mining leases and placer leases;
(o) establishing fees or charges for performing duties or providing services under this Act;
(o.1) setting the amount of a fee, charge, rent, payment or cost, authorized under this Act;
(p) prescribing exploration, development and assessment activities for the purposes of the definition of "exploration and development";
(q) specifying the method and reporting of exploration, development and assessment activities;
(r) specifying how and when particular exploration and development activities may be applied to a claim and the amount of credit that may be allowed for any type of exploration and development done in respect of a claim;
(s) respecting portable assessment credits for the purposes of

section 31 and prohibiting any type of exploration and development from being applied to a portable assessment credit account;
(t) requiring maps, receipts, invoices and other records and evidence to be produced for the purposes of applications and reports under the Act;
(u) prescribing forms for the purposes of the Act;
(u.1) respecting notices for the purposes of

section 19 (1) (a), time periods for the purposes of section 19 (1) (b), and circumstances for the purposes of section 19 (1.1);
(v) any other matter for which regulations are contemplated by this Act. (2.1) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations to provide for the following:
(a) specifying other changes or other matters for the purposes of

section 6.31;
(b) limiting and regulating production on a claim for the purposes of

(c) defining a word or expression used but not defined in this Act;
(d) cells and cell claims, including a reduction in the maximum size of a cell claim, a reduction in the size of a cell claim, a subdivision of a cell claim into 2 or more cell claims and the amalgamation of multiple cell claims;
(e) legacy claims and legacy leases;
(f) requirements that, under

section 29, must be met in order to maintain a claim;
(g) who is eligible to use the registry to register a claim, charge, transfer of ownership, notice or other matter or to search the registry;
(h) registration of cell claims, leases, legacy claims and legacy leases and any transfers, notices of debt instruments and options, changes of name and other documents related to any of them;
(k) the effect of registration;
(l) information required to effect a registration;
(m) documents or information for which registration is not required but which must be provided to the chief gold commissioner in support of a registration, and when they must be provided;
(n) the method of identifying the land that is the subject of a claim or lease, including any limitation on the area of land that may be the subject of a single registration;
(o) transition issues respecting deemed registrations when the underlying title terminates, including, for the purposes of transition, the granting of additional rights to existing holders of registrations;
(p) restrictions and prohibitions on registration;
(r) amalgamation of claims or leases;
(s) delegating a matter to a person employed by the minister;
(t) conferring a discretion on the chief gold commissioner;
(u) making different regulations for different persons, places, things or transactions.

66 The chief gold commissioner may, by order, extend a time or time limit referred to in this Act, whether or not the time or time limit has expired. 67 (1) In this section, "intervening claim" means a claim that is in respect of land that was subject to a forfeited claim or an expired lease and is registered in the period between
(a) the date the record of the forfeited claim or expired lease was deleted from the registry, and
(b) the date the chief gold commissioner makes an order in respect of the forfeiture or expiry under subsection (2).

(2) Even if a claim is forfeited or a lease expires under this Act because the recorded holder fails to comply with a requirement of this Act within a time limit, the chief gold commissioner, by order, may set aside the forfeiture or the effect of the expiry and allow a further period of time for compliance. (3) The chief gold commissioner, under

section 6.36, may delete an intervening claim from the registry. (4) No legal proceeding lies or may be commenced or maintained, and no compensation is payable, in respect of a deletion under subsection (3). 68 (1) The chief gold commissioner may enter a legacy claim or legacy lease into the registry by registering information in accordance with the regulations.

(2) The law that applies to a legacy claim or legacy lease entered into the registry under subsection (1) is the law that applies to a registered claim or a lease for which a notice of lease has been registered, except for the following:
(a) the area of land covered by a legacy lease, other than a legacy placer lease, continues unchanged after its registration despite any provision to the contrary in this Act or the regulations respecting the shape or size of areas that may be registered;
(b) if a legacy claim is converted to a lease, the lease may be registered in the registry despite the area or shape of the lease being contrary to a provision of this Act or the regulations, if the area and shape is supported by a survey plan as required under

section 42 or 45;
(c) sections 39, 40 (1) (a) and 40 (2) (a), as they were immediately before the coming into force of this section, continue to apply to legacy claims;
(d) a conveyance, bill of sale, assignment or transfer entered into before the coming into force of this paragraph is governed by

section 57 as it was immediately before the coming into force of this paragraph, except that the right to record a document referred to in section 57 (2) is a right to register the document or a notice of the document in accordance with the regulations. (3) Despite subsection (2), if the law that applies to a cell claim imposes obligations with respect to exploration and development, or payment instead of exploration and development, that differ from the obligations that applied to a legacy claim before the coming into force of this subsection, then, on the claim's expiry date in effect at the time this section comes into force, those new obligations apply to the legacy claim.

(4) Despite subsection (2), if the law that applies to a lease for which a notice of lease has been registered imposes obligations with respect to annual rent that differ from the obligations that applied to a legacy lease before the coming into force of this subsection, then, on the lease's expiry date in effect at the time this section comes into force those new obligations apply to the legacy lease. (5) A person has no right of action and may not commence or maintain proceedings, as a result of the enactment of this section or

section 24.1 (5) or the exercise of a function under this section or section 24.1 (5),
(a) to claim damages or compensation of any kind from the government or a person acting on behalf of the government, or
(b) to obtain a declaration that damages or compensation are payable by the government or a person acting on behalf of the government. (6) For all purposes, including for the purposes of the Expropriation Act, no expropriation or injurious affection occurs as a result of the enactment of this section or

section 24.1 (5) or the exercise of a function under this section or section 24.1 (5). 69 (1) Subject to the regulations, on the termination of a mineral claim or mining lease that applies to only part of a cell, any other mineral cell claim over the remaining part of the cell is extended to apply to the whole cell. (2) Subject to the regulations, on the termination of a placer claim or placer lease that applies to only part of a cell, any other placer cell claim over the remaining part of the cell is extended to apply to the whole cell. Copyright © King's Printer, Victoria, British Columbia, Canada

section 14 of the Heritage Conservation Act, and
(c) is directly related to exploration and development;
"chief gold commissioner" means the chief gold commissioner appointed under

section 4 of the Act;
"Crown granted 2 post claim" means a mineral title that was issued under a former Act and subsequently converted to a Crown grant;
"exploration and development" means
(a) physical exploration and development, or
(b) technical exploration and development,
or, except with respect to paragraph (b) of the definition of "mining activity" in the Act,
(c) determining ownership of land,
(d) serving notice under

section 19 (1) of the Act, or
(e) making reasonable efforts to serve notice under

section 19 (1) of the Act if an exemption has been granted under section 19 (1.1) of the Act;
"legal post" means a post or cairn that has been placed and marked in accordance with the Mineral Tenure Act Regulation, B.C. Reg.

297/88, as it read immediately before its repeal;
"physical exploration and development" includes:
(a) if the work is related to a mineral claim, any of the following:
(i) trenching, open cuts, adits, pits, shafts and other underground activity for the purposes of collecting samples or other geological or technical information;
(ii) reclamation related to exploration and development activities;
(iii) ground control surveys, line cutting and grids that support an activity described in paragraphs (b) to (h) of the definition of technical exploration and development;
(iv) precision survey techniques such as global positioning or surveys conducted by a practising land surveyor;
(v) global positioning surveys in accordance with

section 20;
(b) if the work is related to a placer claim, any of the following:
(i) activities referred to in paragraph (a);
(ii) panning, digging or washing of gravels to test for the presence of economically significant minerals;
"practising land surveyor" means a practising land surveyor under the Land Surveyors Act;
"technical exploration and development" for mineral claims and placer claims includes:
(a) archaeological impact assessments;
(b) geological surveys and studies;
(c) mineral resource or ore reserve calculations and related work;
(f) drilling, including drilling for the purposes of collecting samples, core logging or other geological or technical information;
(g) analysis of mineral or rock samples including a bulk sample to assess characteristics pertinent to the assessment of the mineral resource, including acid base accounting, metallurgical, mineralogical, beneficiation and petrological studies;
(h) prospecting and exploring;
(i) environmental baseline studies;
(j) construction and maintenance of roads, trails, helicopter landing sites, drill sites and drill core storage if required to support an activity described in any of paragraphs (b) to (i);
(k) preparation and geological interpretation of air photo, satellite or other remotely sensed images that support an activity described in paragraphs (a) to (i);
(l) preparation of orthophoto and topological surveys that support an activity described in paragraphs (a) to (i);
(m) compilations of previous exploration and development studies and reports if those compilations lead to new exploration and development;
(n) any other similar activity that may be approved by the chief gold commissioner before the exploration and development is done;
"unit" in relation to a legacy claim means a unit within that claim immediately before January 12, 2005.

[am. B.C. Regs. 187/2005, s. 1; 215/2006, Sch. s. 3; 78/2008, Sch. B, s. 1.] 2 (1) A person may conduct a search of the registry online. (2) On payment of the prescribed fee and under the direction of the chief gold commissioner a person may search the paper records and documents pertaining to a mineral title. (3) On payment of the prescribed fee, a person may obtain a copy of the search of the paper records and documents pertaining to a mineral title. 2.1 (1) A person must not begin a mining activity until 8 days after, but within 12 months of, serving notice in accordance with subsections (2) to (4) of this section on the persons listed in

section 19 (1) (a) (i) to (iii) of the Act. (2) The notice must include the following information:
(a) the name and address of the person serving the notice;
(b) the name and address of the person responsible for operations on the site where the mining activity will occur;
(c) a map, or the equivalent in a written description, of the surface area in which the mining activity will occur;
(d) identification of the dates on which the mining activity will occur;
(e) a description of the mining activity that will occur on the dates specified in paragraph (d);
(f) the approximate number of people who will be working on the site when the mining activity occurs.

section 19 (1) (a) (i) to (iii) of the Act if
(a) mailed to the person's mailing address as shown on any record relating to the current ownership of the surface area in the land title office or the British Columbia Assessment Authority,
(b) mailed to the person's mailing address as shown on the Integrated Land and Resource Registry maintained by the minister responsible for the Land Act,
(c) sent by facsimile transmission to a fax number provided by the person as an address for notification purposes,
(d) sent by e-mail to an e-mail address provided by the person as an address for notification purposes, or
(e) hand delivered to the person.

(4) A notice that is served on a person under subsection (3) (a) to (d) is conclusively deemed to have been given 8 days after it is mailed, faxed or e-mailed. (5) A person required to serve notice under subsection (1) must, in accordance with subsections (2) to (4), serve an amended notice to the persons listed in

(b) there are substantial changes to the description of the mining activity referred to in subsection (2) (e). (6) The person required to serve an amended notice under subsection (5) must not begin a mining activity as set out in the amended notice until 8 days after the notice is served under subsection (5). [en. B.C. Reg. 78/2008, Sch. B, s. 2.] 2.2 The chief gold commissioner may exempt a person from the requirements of

section 19 (1) of the Act if
(a) the person seeking the exemption applies, in writing, to the chief gold commissioner for the exemption, and
(b) includes in the application evidence satisfactory to the chief gold commissioner that the person seeking the exemption has made reasonable efforts to serve notice on the persons listed in

section 19 (1) (a) (i) to (iii) of the Act. [en. B.C. Reg. 78/2008, Sch. B, s. 2.] 3 (1) A recorded holder of a legacy claim may convert that claim to a cell claim by registering one or more of the adjoining cells encumbered by the legacy claim. (2) On registration of a cell claim under subsection (1), the legacy claim is terminated. (3) A cell encumbered in whole or in part by one or more legacy claims is not available for registration as a claim. (4) Despite subsection (3), the recorded holder of the legacy claim may register a claim for that cell in order to convert that legacy claim to a cell claim.

(5) If there is more than one recorded holder of a legacy claim, the application to register must be made by all the recorded holders to hold the converted claim as tenants in common in the same proportions of ownership as they held in the legacy claim. (6) Despite subsection (3), if a cell is encumbered by two or more legacy claims and the ownership of the legacy claims is different, either of those recorded holders of the legacy claims may register a claim for that cell in order to convert that legacy claim to a cell claim. (a) to all cells affected by a legacy mineral claim until July 11, 2005, and
(b) to all cells affected by a legacy placer claim until November 30, 2005.

(8) The expiry date of a cell claim that is registered under subsection (1) is the date that the legacy claim would have expired. (9) If two or more legacy claims held by the same recorded holder are converted at the same time,
(a) the expiry date of the resulting cell claim is the earliest expiry date of the claims that are converted, and
(b) the new cell claim must consist of adjoining cells. (10) The limit in

section 4 (1) does not apply to a cell claim acquired under this section. (11) Exploration and development work conducted on a legacy claim but not yet registered may be registered to the new cell claim. [am. B.C. Reg. 187/2005, s. 2.] 3.1 (1) If a Crown granted 2 post claim has reverted, escheated or been surrendered to the Crown, or is otherwise acquired by the Crown, the chief gold commissioner may make the mineral rights formerly held under the Crown granted 2 post claim available for selection under

section 4 by advertising in the Gazette the following information:
(a) that mineral rights formerly held under a Crown granted 2 post claim are available for selection;
(b) the date on which the mineral rights will be available. (a) the chief gold commissioner makes an advertisement under subsection (1), and
(b) a person holds, on the date on which the mineral rights will be available, a registered cell claim over the land formerly subject to the Crown granted 2 post claim,
the person holding the registered cell claim acquires the mineral rights that are available for selection. [en. B.C. Reg. 274/2006, s. 1.] 4 (1) An individual claim may consist of up to 100 complete or partial adjoining cells.

(2) No mineral or placer rights in respect of alienated land are acquired by registering a cell claim under this section. (3) Except as provided in

section 3, a cell is not available for selection, until July 12, 2005, if any portion of the cell is subject to a legacy claim. (4) A cell is not available for selection if the whole area of the cell is subject to a legacy claim. (5) Subsection (4) does not apply to a Crown granted 2 post claim. (6) Subsection (4) does not apply if the applicant for the cell and the recorded holder of the legacy claim are the same person. (7) The chief gold commissioner may refuse to accept a cell claim for a cell that the chief gold commissioner considers to be too small or too irregular in shape to be workable.

(8) Registration of a cell claim is not effective until payment of the prescribed fee. (9) Subject to subsections (2) and (4), a person who registers a cell claim acquires the rights to the minerals or placer minerals within the area underlying the cell to the extent that those rights are not held by a legacy claim or are unavailable because of a reserve made under

section 22 of the Act. (10) A person who holds a registered cell claim referred to in subsection (9) acquires the rights to the legacy claim that are within the cell when the legacy claim terminates, unless the legacy claim terminates because it is being converted to a lease. (11) Repealed. [B.C. Reg. 73/2021, Sch. 2, s. 1.] [am. B.C. Regs. 187/2005, s. 3; 89/2012, s. 1; 73/2021, Sch. 2, s. 1.] "conditional registration reserve" means a mineral reserve that permits registering a mineral title under circumstances or subject to limitations contained in the reserve;
"mineral reserve" means a mineral reserve under

section 22 of the Act;
"no registration reserve" means a mineral reserve that prohibits a free miner from registering a mineral title on land covered by the reserve.

(2) Subject to subsection (3), if a person holds a claim in respect of a cell and either of the following applies to land within the cell, the mineral or placer rights of the holder of the claim extend to that land:
(i) ceases to be alienated land, and
(ii) is not subject to a no registration reserve;
(i) ceases to be subject to a no registration reserve, and
(3) The following applies if, at the time the event referred to in subsection (2) (a) (i) or (b) (i) occurs, a portion of the land referred to in that subsection is subject to a conditional registration reserve:
(a) in the case of a conditional registration reserve that permits registering a mineral title under circumstances, the holder's mineral or placer rights do not extend to that portion until those circumstances exist;
(b) in the case of a conditional registration reserve that permits registering a mineral title subject to limitations, the holder's mineral or placer rights that extend to that portion are subject to those limitations.

[en. B.C. Reg. 73/2021, Sch. 2, s. 2.] 5 (1) In this section, "amalgamate" means to join 2 or more cell claims into one cell claim in accordance with this section. (2) If a recorded holder of two or more cell claims wishes to amalgamate any of the cell claims, the whole of each cell claim must be amalgamated. (3) In order to be amalgamated, the cell claims must be adjoining and be held by the same recorded holder. (4) If cell claims are amalgamated, a new cell claim is created and the former cell claims are terminated on completion of the registration.

(5) If two or more cell claims are amalgamated, the expiry date of the new cell claim is the earliest of the expiry dates of the amalgamated claims. (6) Repealed. [B.C. Reg. 89/2012, s. 2.] [am. B.C. Reg. 89/2012, s. 2.] "original cell claim" means a cell claim that consists of 2 or more cells and in respect of which the recorded holder registers or proposes to register 2 or more subdivided cell claims;
"subdivided cell claim", in respect of an original cell claim, means a cell claim that results from the subdivision of the original cell claim. (2) A recorded holder may subdivide an original cell claim under

section 24.3 of the Act by registering 2 or more subdivided cell claims in accordance with this section. (3) If there is more than one recorded holder of the original cell claim, the application to register subdivided cell claims from that original cell claim must be made by all the recorded holders to hold each subdivided cell claim as tenants in common in the same proportions of ownership as they held in the original cell claim. (4) The sum of the areas of the resulting subdivided cell claims must equal the area of the original cell claim. (5) A mineral claim may be subdivided only into mineral claims and a placer claim may be subdivided only into placer claims.

(6) On the registration of subdivided cell claims
(a) the original cell claim is continued as the subdivided cell claims, and
(b) the subdivided cell claims are deemed to have been registered on the date the original cell claim was registered and to have the same expiry date as the original cell claim. (7) Subdivided cell claims may not be registered for an original cell claim in respect of which the recorded holder has
(a) registered an application for a lease under

section 42 or 45 of the Act until the application has been finally determined, or
(b) initiated the registration of a transfer of ownership of the original cell claim under

section 12 of this regulation until the transfer is complete or the registration is invalidated under section 12 (5) of this regulation. [en. B.C. Reg. 89/2012, s. 3.] 6 (1) The recorded holder of a cell claim may reduce the size of the claim by registering a claim change that reduces the claim in increments of whole cells. (2) The recorded holder must not register the claim change under subsection (1) unless
(a) the reduced claim will have at least one cell,
(b) if the reduced cell claim consists of two or more cells, the cells are adjoining, and
(c) the reduction does not result in any internal voids or open areas in the cell claim. (3) Repealed. [B.C. Reg. 89/2012, s. 2.] [am. B.C. Reg. 89/2012, s.

2.] 7 (1) Exploration and development work must be registered within one year of that work being completed. (2) Only exploration and development done after the claims were registered or recorded may be registered. (2.1) Despite subsection (2) and in accordance with

section 8 (1.1), one or more of the following exploration and development activities carried out before the related claim or block of claims is registered or recorded may be registered:
(a) determining ownership of land;
(b) serving notice under

section 19 (1) of the Act;
(c) making reasonable efforts to serve notice under

section 19 (1) of the Act if an exemption has been granted under section 19 (1.1) of the Act. (3) The chief gold commissioner may accept
(a) for technical exploration and development, airborne geophysical or geochemical surveys, and
(b) exploration and development activities of
(i) determining ownership of land,
(ii) serving notice under

section 19 (1) of the Act, and
(iii) making reasonable efforts to serve notice under

section 19 (1) of the Act if an exemption has been granted under section 19 (1.1) of the Act
extending beyond the boundaries of the claim or block of claims. (4) Exploration and development work conducted on a claim may be applied to adjoining claims or any claims in a sequence of adjoining claims. (4.1) For greater certainty, a Crown granted 2 post claim must be considered to be an adjoining claim for the purpose of determining whether to allow work to be registered from one claim to another. (5) A description of a brief property examination is not acceptable for registration as exploration and development. (6) Calculation of reserves or resources must conform to the standards set out in Schedule A.

(7) Shallow drill holes drilled for the purpose of blasting are considered to be physical work. (8) Prospecting activities in respect of a claim are acceptable for registration as exploration and development only during the first three years of the holding of the claim by a recorded holder. (9) The chief gold commissioner must determine the value to be credited for exploration and development work after considering
(a) the exploration and development work as defined by the contents of a report submitted for the purposes of

section 33 of the Act, and
(b) the costs documented in an itemized cost statement included in the report. (10) On request by the chief gold commissioner, the recorded holder of a claim must provide evidence satisfactory to the chief gold commissioner that the registered exploration and development activity has been performed, including any receipts. [am. B.C. Regs. 187/2005, s. 4; 78/2008, Sch. B, s. 3.] 8 (1) In order to be eligible for registration as exploration and development work under this section, the work must have been done within the boundaries of the claim or block of claims. (1.1) If an exploration and development activity referred to in

section 7 (2.1) is carried out before the related claim or block of claims is registered or recorded, the activity may be registered on that claim or block of claims after the claim or block of claims is registered or recorded. (2) In respect of the value of exploration and development required to maintain a claim in good standing under

section 29 of the Act, on or before the expiry date the recorded holder must satisfy the exploration and development requirement for the anniversary year by
(a) registering a statement of exploration and development, or
(b) registering a statement of exploration and development and applying credits from the recorded holder's portable assessment credit account. (3) The value of exploration and development per hectare is to be calculated on the basis that
(a) each unit of a legacy mineral claim must be considered to contain 25 hectares,
(b) a legacy placer claim must be considered to contain 50 hectares, and
(c) a cell claim has the number of hectares determined by the registry's grid location of the cell.

(4) The value of exploration and development required to maintain a mineral claim for one year is at least
(a) $5 per hectare for each of the first and second anniversary years,
(b) $10 per hectare for each of the third and fourth anniversary years,
(c) $15 per hectare for each of the fifth and sixth anniversary years, and
(d) $20 per hectare for each subsequent anniversary year. (5) The value of the exploration and development required to maintain a placer claim for one anniversary year is at least $20 per hectare. (6) For the purposes of

section 29 of the Act, exploration and development registered under this section may be applied to future anniversary years to a maximum of 10 future anniversary years. [am. B.C. Regs. 274/2006, s. 2; 78/2008, Sch. B, s. 4; 89/2012, ss. 4 and 5.] 9 (1) The recorded holder of a claim may apply to the chief gold commissioner to have a portable assessment credit account created in their name and have exploration and development value credited to that account. (2) If, in relation to a claim, a report on technical exploration and development has been approved under

section 33 of the Act and any of the exploration and development credit has not been applied to the claim for the purposes of section 8 of this regulation, that remaining credit may be applied to the portable assessment credit account of the recorded holder or the person who performed the technical exploration and development. (a) determining ownership of land,

has been approved under

section 33 of the Act and any of the exploration and development credit has not been applied to a claim for the purposes of section 8 of this regulation, that remaining credit may be applied to the portable assessment credit account of the recorded holder or the person who determined ownership of land, served notice or made reasonable efforts to serve notice. (3) A recorded holder may use their portable assessment credit to satisfy up to 30% of the exploration and development required for an anniversary year, but only if
(a) in combination with the value to be credited for exploration and development work determined under

section 7 (9) for that year, the full requirement for exploration and development for that anniversary year is satisfied, and
(b) the exploration and development being recorded for that anniversary year is technical exploration and development. (4) If there has been a minimum of 10 years of exploration and development recorded on a claim, the recorded holder may apply credits from their portable assessment credit account to maintain that claim for up to 5 years by registering the credit against the claim.

(5) For the purposes of subsection (4), the value of the credits required to maintain the claim for each year is $40 per hectare and
(a) for online registration the credit must be registered no later than 60 days before the expiry date of the claim, or
(b) for registration in person the credit may be registered at any time before the expiry date. (6) A credit under subsection (5) may be applied to a claim only once and only if a similar credit was not applied to that claim before January 12, 2005.

(7) If a claim is expropriated for a park, as part of the compensation settlement the chief gold commissioner may authorize the deposit, to the recorded holder's portable assessment credit account, of the value of all or a portion of the exploration and development applied to the expropriated claim. (8) If a park is established by expropriation of land within a claim subsequent to the location of the claim, the chief gold commissioner may, as part of the compensation settlement, authorize a credit from the recorded holder's portable assessment credit account to be applied to one or more claims held by the recorded holder for the purposes of

section 29 or 33.1 of the Act. (9) For the purposes of subsection (8), credit must be applied to the claim in accordance with the values specified in

section 8 (3) and for the number of years determined by the chief gold commissioner up to the limit specified in section 8 (5). (10) For the purposes of subsection (8), no recording fees are payable under

section 29 of the Act. [am. B.C. Regs. 78/2008, Sch. B, s. 5; 89/2012, s. 6.] 10 (1) For the purpose of maintaining a claim in good standing under

section 29 of the Act, a recorded holder may make a payment instead of doing exploration and development. (2) A payment may be made only for the next anniversary year. (3) The payment required under subsection (1) must be made at the time of registration. (4) The required payment is to be calculated on the basis that

(5) The required payment to maintain a mineral claim for an anniversary year is double the value of exploration and development that would be required to maintain the claim under

section 8 (4) for the anniversary year. (6) The required payment to maintain a placer claim for each anniversary year is $40 per hectare. [am. B.C. Reg. 89/2012, ss. 4 and 7.] 11 (1) For the purposes of

section 33.1 of the Act, a recorded holder may revise the existing expiry date of a claim
(a) by registering an expiry date change and a statement of exploration and development showing at least the amount of exploration and development required under

section 8 of this regulation to maintain the claim to the new expiry date, or
(b) to a date that is not less than 6 months later than the existing expiry date by registering an expiry date change and making a payment instead of exploration and development in the amount required under

section 10 of this regulation to maintain the claim until the new expiry date. (2) For the purposes of this section, the amount of exploration and development required under

section 8 or the amount required under section 10 must be prorated on a daily basis. (3) If credits from a portable assessment credit account are chosen,

section 9 (3) applies. [am. B.C. Reg. 89/2012, s. 8.] 12 (1) The recorded holder of a mineral title may initiate the registration of a transfer to another free miner of any portion of the interest in the mineral title held by that recorded holder. (2) The transferee may agree to the transfer by completing the registration of the transfer. (3) The transferee must hold a valid free miner certificate and valid British Columbia Electronic Identification in order to complete the registration of the transfer. (4) The transfer of ownership takes effect on acceptance and completion of the registration of the transfer.

(5) If the transferee has not accepted and completed the registration of the transfer within 30 days of the initiation of the registration by the transferor, the registration is invalidated. (6) If a registration is invalidated under subsection (5), the recorded holder may initiate a new registration. [am. B.C. Reg. 89/2012, s. 9.] 13 (1) On payment of the prescribed fee, a copy of a document or notice relating to a mineral title may be submitted to the chief gold commissioner for registration. (2) The chief gold commissioner may register the document or notice against the appropriate mineral title. (3) A paper copy of a document or notice registered under this section must be retained on file by the chief gold commissioner.

14 (1) On application by a recorded holder, or on the initiative of the chief gold commissioner, the chief gold commissioner may
(b) amend an incomplete entry, or
(c) delete an entry made in error. (2) The chief gold commissioner must record the reason for any correction, amendment or deletion made under this section. 15 (1) A report of physical exploration and development submitted as required by

section 33 of the Act must include all of the following, as applicable:
(a) a detailed written description explaining the type of activity and the result obtained;
(b) the date the exploration and development started and the number of hours of work;
(c) an itemized cost statement related to that activity including the costs for labour, food, accommodation, transportation, rental and operation of machinery, equipment and instruments;
(d) a map at a scale of detail of 1:10 000 or more detailed that shows the geographic location of the exploration and development activity relative to the boundaries of the claim or block of claims on which the activity was carried out;
(e) metric dimensions of all workings, openings and related activity referenced to the map described in paragraph (d) for trenches, open cuts, adits, pits, shafts and underground activity;
(f) a map at a scale of detail of 1:5 000 or more detailed that shows the ground control or grid lines;
(g) a plan prepared by the land surveyor from a precision survey;
(h) a plan of the survey and differentially corrected coordinates of the legal posts surveyed from a global positioning survey;
(i) the amount in metric units of material removed from the ground and tested or processed including the metric dimensions of the excavation for placer panning, digging and washing of gravel;
(j) a statement of the qualifications of the author of the report.

(2) Within 30 days after registering the statement of exploration and development the recorded holder of a claim must submit the report in a format acceptable to the chief gold commissioner. (3) If a recorded holder fails to submit a report as required under subsection (2), the chief gold commissioner may notify the recorded holder of the intention, under

section 33 of the Act, to cancel the registration of the recording of exploration and development. (4) The report must document original exploration and development performed after the claims were registered or recorded. (5) If exploration and development activity is conducted on 2 or more claims and the work on each claim is the subject of a separate report, each report must attribute a fair apportionment of the cost to the relevant claim. 16 (1) A report of exploration and development submitted as required by

(a) a detailed explanation of the type of exploration and development, including written descriptions of the materials, media and mineralization mapped or sampled, interpretation of field observations and post-survey data processing;
(b) a description of the physical geography and accessibility of the site and of the infrastructure existing on or near the site;
(c) the date the exploration and development started and the number of hours of work;
(d) an itemized cost statement related to that activity including the costs for labour, food, accommodation, transportation, rental or operation of machinery, equipment and instruments;
(e) a description of the geographic location of the exploration and development work relative to the boundaries of the claim or block of claims on which the work was carried out;
(f) a summary of local and regional geology;
(g) a summary of the minerals present and their relative concentrations and dispersal;
(h) all of the raw and corrected data resulting from the work;
(i) all of the graphical data, whether filtered, profiled, contoured or otherwise manipulated;
(j) all interpretations of results and analysis;
(k) interpretation and conclusions delivered in a clear and concise manner;
(l) a summary of the exploration and development;
(m) a statement of the qualifications of the author of the report.

(2) The chief gold commissioner may accept
(a) if the recorded holder is an individual, a report written by that individual in relation to their claim,
(b) a report written by a registrant under the Professional Governance Act of the Association of Professional Engineers and Geoscientists of the Province of British Columbia, or
(c) a report written by an individual who satisfies the chief gold commissioner that they have the relevant training and experience necessary to prepare the report. (3) A report required under this section must be in the form and medium specified in Schedule A. (4) Within 90 days after registering the statement of exploration and development the recorded holder of a claim must submit a report required under

section 33 of the Act in a format acceptable to the chief gold commissioner. (5) If a recorded holder fails to submit a report as required under subsection (3), the chief gold commissioner may notify the recorded holder of the intention to cancel the registration of the recording of exploration and development under

section 33 of the Act. (6) Approved reports are confidential for a period of one year from the date of registration of the exploration and development. (7) If exploration and development activity is conducted on 2 or more claims and the work on each claim is the subject of a separate report, each report must attribute a fair apportionment of the cost to the relevant claim. [am. B.C. Reg. 11/2021, App. 3, s. 11.] 17 (1) A recorded holder of a mineral claim must not produce or cause to have produced more than 1 000 tonnes of ore in a year from each unit in a legacy claim or each cell in a cell claim.

(2) A recorded holder of a placer claim must not produce or cause to be produced in a year placer minerals from more than 20 000 m3 of pay dirt from each legacy claim or cell claim. (3) Despite subsection (1), a bulk sample of up to 10 000 tonnes of ore may be extracted from a mineral claim not more than once every 5 years. [am. B.C. Reg. 89/2012, s. 10.]

18 (1) A registered application for a placer lease must be supported by
(a) a survey plan of the land intended for lease
(i) prepared by a practising land surveyor, and
(ii) approved by the Surveyor General, or
(b) a technical survey plan that includes all of the following:
(i) a photograph that legibly shows the information impressed on each legal post metal tag, located in the field, of each placer title to be included in the lease;
(ii) a photograph of each legal post, located in the field, of sufficient scope to allow recognition of physical features of the landscape that will assist in later location of the post;
(iii) in the absence of the post or tag in the field as required under subparagraph (ii), a signed statement setting out the particulars of the search for the post or tag, a description of the location where the applicant for lease believed the post or tag to have been originally located and the information that the applicant believes was contained on the post or tag;
(iv) coordinates for each legal post or each claim being taken to lease and for other posts as required by the chief gold commissioner;
(v) a map or maps, satisfactory to the chief gold commissioner, that show features that the chief gold commissioner requires.

(2) If the application for a placer lease includes cell claims, the survey of the cell claims must comply with the rules referred to in

section 64 of the Act. (3) The applicant must publish a copy of the notice of intention to apply for a placer lease in 2 consecutive issues, not more than 14 days apart, of a newspaper circulating in the area or, at the request of the chief gold commissioner, of another publication circulating in the area. (4) A person who challenges the issuance of the placer lease may submit the details of the challenge to the chief gold commissioner. (5) The chief gold commissioner must consider the challenge to the issuance of the placer lease and endeavor to resolve the challenge. (6) If the chief gold commissioner is unable to resolve the challenge, the applicant must have the intended lease area surveyed by a practising land surveyor.

(7) On confirmation of the survey plan by the Surveyor General, the applicant must submit a copy of the confirmed survey plan to the chief gold commissioner. [am. B.C. Reg. 50/2016, s. 5.] 19 (1) The fees, charges and rents to be paid for registrations, filing of records, services, rentals and other matters under the Act are those set out in Schedule B. (2) The prescribed fee or charge must be paid before any registration, filing or other action is done under the Act. [en. B.C. Reg. 89/2012, s. 11.] 21 (1) The holder of a placer lease issued under any of the former Acts may apply to convert the placer lease to a legacy placer claim in accordance with this section.

(2) An application under this section must be made in writing to the chief gold commissioner before the expiration of the term of the placer lease. (3) If the chief gold commissioner approves an application under this section, the chief gold commissioner must register the application in the registry. (4) If a placer lease issued under any of the former Acts is converted to a legacy placer claim under this section, the right to placer minerals under the placer lease is continued under the legacy placer claim. (5) A legacy placer claim acquired under this section
(a) must be of the exact shape and configuration as the placer lease from which it is derived, and
(b) must have an expiry date one year from the date of registration.

(6) On the issue of a legacy placer claim under this section, the placer lease from which it is derived is terminated. [en. B.C. Reg. 187/2005, s. 1.] 22 (1) In this section, "effective date" means July 1, 2012. (2) Sections 8 (4) and (5) and 10 (5) and (6), as they read immediately before the effective date, continue to apply to a recorded holder in respect of a mineral claim or placer claim until the next expiry date of the claim that occurs on or after the effective date. (3) The next expiry date of a mineral claim or a placer claim that occurs on or after the effective date is conclusively deemed to start the first anniversary year of the claim.

(4) Items 14 and 16 of Schedule B, as they read immediately before the effective date, apply to the recorded holder of a mining lease or a placer lease for the purposes of the current rental year of the lease. [en. B.C. Reg. 89/2012, s. 12.] Schedule A — Guidelines for Reporting Exploration and Development Work
[am. B.C. Reg. 78/2008, Sch. B, s. 6.] 1 (1) In this Schedule, "report" means a report referred to in subsection (2). (2) This Schedule defines the form and medium for a report required by

section 33 of the Mineral Tenure Act and section 16 of the Mineral Tenure Act Regulation. (3) This Schedule applies to the reporting of
(a) technical exploration and development as defined in

section 1 of the Mineral Tenure Act Regulation, and
(b) the following exploration and development activities:
(i) determining ownership of land;

section 19 (1) of the Act if an exemption has been granted under section 19 (1.1) of the Act. 2 (1) All text and map information in a report must be presented so that the location and the results of the investigation are clear and legible. (2) The report must be typed on a good grade of standard letter size paper secured in a binder and the margins must be wide enough to allow for complete visibility of all text. (3) Pages must be easily removed from the binder.

(4) The report must contain the following:
(d) technical data and interpretation;
(f) an itemized cost statement;
(g) a statement of the author's qualifications;
(h) a list of references cited in the report;
(i) a list of software programs used in support of the exploration and development and the preparation of the report.

(5) The title page must do all of the following:
(a) identify the general nature of the report;
(b) briefly identify the specific claims involved;
(c) identify the relevant mining division;
(d) specific the NTS or BCGS location;
(e) specify the latitude and longitude or UTM zone, easting, and northing coordinates representing the geographic centre of the assessment work;
(f) name the owner of the claims;
(g) name the operator (who paid to have the work done);
(h) name any consultant involved in the matter;
(i) name the author of the report;
(j) specify the date the report is submitted.

(6) A table of contents must identify all text pages, sections, diagrams, drill logs or any other documentation by sequentially numbered pages, including numbered appendices, maps, figures and other illustrations and any itemized cost statement. (7) An introduction must include the following:
(a) the general geographic and physiographic position of the claims, access to the claims and index map;
(b) the property definition, containing history of the property, current owner, operator, brief economic assessment of property, etc.

;
(c) for each type of work, a list of claims including tenure numbers on which work was actually performed;
(d) a summary of work done as follows:
(i) for geochemical survey, the total number of soil, silt or rock chip samples collected, separately listed;
(ii) for geophysical survey, the total number of kilometres of line surveyed for each type of survey;
(iii) for drilling, the size and number of holes reported on and the total metres of drilling reported;
(iv) for geological survey, the scale of mapping and the total area surveyed;
(v) for a topographic survey, the total area surveyed;
(vi) for prospecting, the total area prospected;
(vii) for linecutting or grid establishment, the total number of kilometres of line cut or established.

(8) Technical data and interpretation as determined by the investigation, the purpose, results, interpretation and conclusions as required in this Schedule must be included in the report. (9) The author's qualifications must be documented for all reports. 3 (1) The index map must accurately show the maximum footprint of the area investigated in relation to identifiable geographic features using published topographic maps at a standard scale of 1:50 000 or more detailed and labelled with NTS or BCGS designation. (2) The footprint of each plan map showing results must be keyed to the index map by showing on both maps sufficient common geographic features such as lakes, streams, railways, roads, settlements, etc.

(3) The area investigated, meaning the grid surveyed, diamond drill holes, sample locations, areas mapped, etc., must be shown in relation to boundaries or legal posts of the named mineral claims either on the plan maps or on a separate claim map which must be at a scale of 1:10 000 or more detailed. (4) Each plan map and index map must show orientation with respect to astronomic north and a bar scale. (5) Sections, profiles and other diagrams must show appropriate co-ordination scales. (6) Each drawing and map must show an identifying title and sufficient legend to be fully comprehensible. (7) Maps must measure not greater than 120 cm in one direction and 90 cm in the other.

4 (1) Exploration and development assessment work reports may be submitted as Portable Document Format (PDF) Adobe Acrobat 5.0 (or higher) compatible files. (2) The form, content and layout should be exactly the same for the report as that of a hard copy report as defined by Sections 2 and 3 of this Schedule. (3) Text, maps, charts, figures, photographs and tables should be converted into PDF format directly from the application in which they were created. (4) Assays and analyses received as digital files from geochemical laboratories should be converted to PDF format and inserted into the report. (5) A digital copy of the assays and analyses may also be included as an MS Excel file as a separate appendix to the document.

(6) Raw geophysical data may also be included as separate files in the format supplied by the geophysical contractor. (7) Data that can not be converted directly to a PDF file must be scanned to all of the following specifications:
(a) a minimum of 200 dots per inch (dpi);
(b) converted to Adobe Acrobat 5.0 format;
(c) imbedded into the report in the proper sequence.

(8) In creating a PDF document, the author must not do any of the following:
(a) assign any passwords or set any document security controls for any PDF document;
(b) create "article threads" in any PDF document;
(c) add form fields or form actions to a PDF document;
(d) add JavaScript to a PDF document;
(e) add page actions to a PDF document;
(f) annotate a PDF document including embedding or attaching files, text, graphics other than maps or figures required for the report, audio or video files or annotations created with various other mark-up tools. (9) URL links may be included in the text for reference purpose only, but only if the URL is hyperlinked and the link is not used as a substitute for data.

(10) The report must be digitally signed by the author and saved as a certified document. (11) If reports in digital format can not be submitted electronically because the electronic portal is not available, reports may be submitted on CD-ROM media (phthalocyanine based dye, gold based reflective layer) written in ISO 9600 format, and byte-by-byte verified against original image files. 5 (1) Observations made during the investigation must be set out in a typewritten description and signed by the prospector who performed the work.

(2) A map or maps, at a scale of 1:5 000 or more detailed, must be submitted and must include the following:
(a) a bar scale and true north arrow;
(b) the location of claim posts and boundaries relative to identifiable geographic features, including named streams, lakes, roads, settlements, bridges and railroads;
(c) the location of traverses;
(d) the location of all instrument readings with the corresponding values obtained;
(e) the location of all samples with the corresponding assay results;
(f) the location of, and a geological description of, each outcrop or area of boulders investigated. 6 (1) The lithology and structure of the rocks and any mineralization observed in them must be described in text.

(2) Ore minerals, such as chalcopyrite must be fully named rather than being reported as copper mineralization. (3) The report on geological mapping must include the following:
(a) a geological map or maps which show the location and outline of outcrops;
(b) the name of the rock exposed;
(c) significant geological structures and mineralization;
(d) a legend which identifies the symbols used and the rock types;
(e) the units on the map coded with numbers or patterns to conform with numbered or patterned map units in the legend. (4) Geological mapping of underground workings must include the outline of the workings and the geological observations must be shown on a plan or plans at a standard scale of 1:1 000 or more detailed.

(5) For the purposes of subsection (4), two or more levels may be shown only if their data do not overlap. (6) If there are raises, stopes and other non-horizontal workings,
(a) they must be shown in section,
(b) the elevation of the workings must be provided,
(c) multiple workings must be tied together with a co-ordinate system, and
(d) a surface plan must be included which adequately ties the workings into identifiable surface features and the index map. (7) Geological mapping of trenches that expose bedrock must show the outline of the trenches and describe the geological observations as set out above. (8) Descriptions and coordinates in NTS or UTM systems of all samples taken for analysis or examination must be included.

7 (1) The field sampling procedure, the quality control and the materials sampled must be described. (2) Descriptions and coordinates in NTS or UTM systems of all samples taken for analysis or examination must be included. (3) Soil horizons must be identified and the sample depth stated. (4) Drainage sediment samples must indicate the drainage type (lake bottom, stream, moss mat or heavy mineral) and the location in the stream or lake from which the samples are taken must be recorded. (5) Sampled bedrock must be identified as to rock type.

(6) If the sampling method is new and not described in readily available literature, the text must include a statement of the underlying theory, a full description of instrumentation, measurement and data reduction, and results from test areas. (7) A biogeochemical survey must identify the species and part of the plant sampled. (8) The results must be shown in a plan that sets out the numerical values obtained and their location, but for isolated or widely spaced sampling traverses, the results may be shown in profile. (9) The plan must clearly identify each value with its element and state the unit of measurement. (10) If sampling was done in 2 or more separate periods, the values must be distinguished by suitable symbols.

(11) The report must contain the following information:
(a) the name of the analytical laboratory or chemist who did the analyses;
(b) the mesh size fraction of the sample used for analysis;
(c) the name and concentration of reagents used for extracting from the sample each element tested;
(d) the chemical procedure for testing the samples;
(e) if the samples were tested in the field, a description of the procedure;
(f) in a biogeochemical report a description of the ashing technique. (12) The report must contain an interpretation and evaluation of the geology, soil types and topography reported.

(13) Reports on airborne geochemical surveys must include all of the following:
(a) a full description of the procedure and sensing method;
(b) the results of control surveys over known ore and known barren ground;
(c) the results in an organized form;
(d) a description of the flight lines in relation to identifiable surface features;
(e) a statement of the ground speed and clearance of the aircraft;
(f) the meteorological conditions, particularly wind speed and direction, air temperature, humidity and percentage and thickness of cloud cover;
8 (1) The method and procedure must be stated and the make and model of geophysical instruments must be given so that the characteristics of the instruments may be known from a catalogue or similar source of information.

(2) If the method is new and not described in readily available literature, the text must include a statement of the underlying theory, a full description of instrumentation, measurement and data reduction, and results from test areas. (3) The units of measurement and the units in which the results are presented must be clearly stated. (4) Spurious results from a malfunctioning instrument must be omitted. (5) Suspect results must be identified by a suitable symbol or note. (6) The report must contain a drawing or drawings showing the numerical values obtained and their location.

(7) If the results are presented in profile or pseudo profile form, a plan map is required at a scale of 1:12 000 or more detailed, showing the survey grid in relation to the claims and sufficient surface features to correlate the plan map with the index map. (8) The report must contain an interpretation and evaluation of the geology, soil types and topography reported.

(9) In a report on a magnetic survey
(a) the map or profiles must show whether the values represent the total intensity of the magnetic field or the vertical component,
(b) the map or profiles must show whether the values are absolute or relative, and the units in which these values are recorded,
(c) the text must state whether the values were corrected for diurnal variation and the method used to achieve this correction,
(d) the values so corrected constitute basic data and must be submitted, and
(e) results of any other mathematical treatments must be shown on separate drawings. (10) In a report on an electromagnetic survey, the method and array must be clearly identified.

(11) The location of the transmitter for a very low radio frequency (VLF) survey must be stated. (12) In a report on an induced polarization survey, the specific method and the electrode array used must be stated.

(13) For an airborne geophysical survey by appropriate recognized methods,
(a) the results must be presented in contour form on the geophysical map rather than as numerical values,
(b) the geophysical map must be at a standard scale of 1:50 000 or more detailed,
(c) the geophysical results and the flight lines must be accurately located in relation to each other and the claims and identifiable geographic features, and
9 (1) A report respecting drilling activity must include a statement of the purpose of the drilling program and an interpretation of the results containing stratigraphic or lithologic information.

(2) Each copy of a drilling report must contain the following information:
(a) a surface or underground plan at a standard scale of 1:5 000 or more detailed, showing the location of the drill hole collars in relation to claim unit boundaries and identifiable surface features or underground workings;
(b) the inclination and azimuth, dip tests, core diameter for diamond drill holes and collar elevation, if known, of each drill hole;
(c) for diamond drill holes, clearly legible (preferably typewritten) copies of drill core logs for all drilling submitted for credit;
(d) in the logs referred to in paragraph (c), a list of all minerals noted in the core;
(e) cross-section drawings at a scale of 1:500 or more detailed showing the total depth, lithologies or stratigraphy and mineralization with assays intersected in each hole, including correlations, if reasonable, between holes on the same cross-section;
(f) for diamond drill holes, a statement of the location of the core storage;
(g) for percussion drill holes, the depth of overburden and a cuttings log or similar description of rock types and minerals encountered;
(h) if geophysical logging has been conducted in drill holes (for example, radiometric) a copy of those logs.

(3) If assays of core or cuttings are done, the complete assay results must be correlated and submitted along with the logs.

10 Reports that contain results of sampling of minerals, bedrock outcrops, trenches, pits, underground workings, bulk samples, core, drill cuttings, geochemical samples sediments, overburden, soils, till, water, vegetation, flora, fauna or other environmental samples must include the following requirements:
(a) the name and address of the analytical laboratory;
(b) a statement of qualifications of the person who did the analyses;
(c) the certificate of analysis, signed by the chemist who performed or supervised the analysis, that is included in the assessment report;
(d) the sample preparation, analytical or chemical procedure, reagents, equipment and procedures including screening, crushing and milling processes;
(e) the mesh size fraction, the split and weight of the sample used for analysis;
(f) the laboratory's quality control procedures during sample preparation and analysis including the insertion of duplicates, standards, repeat analyses and any verification by repeat analyses at separate laboratories; and documentation of the sampling and analytical precision and accuracy of the results in the assessment report;
(g) if the samples were tested in the field, a description of the procedure;
(h) in a biogeochemical report, a description of the ashing technique;
(i) for airborne geochemical surveys, a description of the procedure and sensing instrumentation used to remotely measure elemental concentrations, the data processing procedures, the flight lines shown in relation to identifiable surface features, ground speed and clearance of the aircraft, meteorological conditions (wind speed and direction, air temperature and humidity and percentage and thickness of cloud cover) description of vegetation and results of control surveys and correlations with elemental signatures of known mineralization and barren ground.

11 (1) A report of an archaeological impact assessment must include
(a) the objective of the assessment, and
(b) the findings of the assessment. (2) The report must generally adhere to the principles set out in

section 14 of the Heritage Conservation Act. 12 (1) For the purposes of this section, "mineral resource", "inferred mineral resource", "indicated mineral resource" and "measured mineral resource" have the meanings given to those terms by the Canadian Institute of Mining, Metallurgy and Petroleum, in the Standards on Mineral Resources and Reserves Definitions and Guidelines adopted by CIM Council on August 20, 2000. (2) Estimates of mineral resources or mineral reserves must conform with standards, set by the Canadian Securities Administrators, known as National Instrument 43-101. 13 (1) A report of activities conducted in support of other technical exploration and development work must include a report of that other exploration and development work.

(2) A report under subsection (1) must include the following:
(a) metric dimensions of roads or trails together with details of their construction;
(b) descriptions and full details of construction of improvements to existing roads or trails;
(c) the metric dimensions of any helicopter sites, drill sites or core storage and a sketch of each site or core storage, all shown on the best topographic map available for the area;
(d) a map at 1:20 000 scale or more detailed showing the activity in relation to the claim to which the work is to be applied and topographic detail for the area;
(e) adequate documentation of ground control surveys, line cutting or grid establishment, topographic and photogrammetric mapping, satellite or other remote sensing in the manner required in other relevant provisions of this Schedule.

13.1 (1) A report about determining ownership of land must include the following:
(a) a list of all the properties that were researched to determine ownership;
(b) a statement of the actions taken to research the properties referred to in paragraph (a);
(c) an itemized cost statement of the costs associated with the actions referred to in paragraph (b). (a) serving notice under

(b) making reasonable efforts to serve notice under

must include an itemized cost statement of the costs associated with preparing the notice, serving the notice or making reasonable efforts to serve the notice, as applicable.

14 For the purposes of this Schedule, a cost statement must contain all of the following information:
(a) number of days, rates per day, specific date and total wages paid every person employed;
(b) number of days, rates per day, specific dates documenting food and accommodation charges for all persons employed during the investigation;
(c) number of days, rates per day, specific dates and specific information on costs incurred from all forms of transportation and instrument rental required during the investigation;
(d) number of days, unit rates, specific dates, specific information on all charges incurred by surveys conducted and total cost for all analyses performed during and subsequent to the investigation;
(e) reasonable costs of preparation of the report pertaining to the investigation;
(f) any other documented and itemized costs that have been incurred in carrying out the investigation.

[am. B.C. Reg. 89/2012, s. 13.] [Provisions relevant to the enactment of this regulation: Mineral Tenure Act, R.S.B.C. 1996, c. 292, s. 65.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 2 (2) or (3), to
(c) another member of the Executive Council. (4) A member of the Executive Council to whom a minister's delegation is made under subsection (3) (c) may, subject to the terms and conditions specified in the minister's delegation, delegate powers or functions under this Act that are covered by the minister's delegation to
(b) a government corporation as defined in the Financial Administration Act.

5 The purposes and functions of the ministry are as follows:
(a) to administer the Crown land resource of British Columbia;
(b) to encourage outdoor recreation, establish parks and conserve the natural scenic and historic features of British Columbia;
(b.1) to develop land or improvements for the purpose of providing housing, or for multiple purposes, one of which is the provision of housing, and to manage housing and developments that include housing;
(c) to undertake programs relating to the provision of housing in British Columbia;
(d) to administer and enforce safety standards prescribed under

section 11 respecting recreational activities and services on Crown land. 6 For the purposes of this Act the minister may enter into agreements
(a) subject to the approval of the Lieutenant Governor in Council, with
(i) the government of Canada or its agent, or
(ii) the government of a province or its agent, or
(b) with a municipality, regional district or any other person.

6.1 Without limiting any other power the minister may have to disclose information, the minister may, in accordance with the regulations, publish online or by other means any prescribed information or documents or any prescribed classes of information or documents relating to the administration of a prescribed enactment for which the minister is responsible, other than personal information that, if disclosed, would constitute an unreasonable invasion of personal privacy as described in

section 22 (2) to (4) [disclosure harmful to personal privacy] of the Freedom of Information and Protection of Privacy Act. 7 (1) The following must be paid into the consolidated revenue fund:
(a) money received under this Act by way of interest on money advanced;
(b) money received under this Act as repayment of money advanced, whether or not it is repaid by the government of Canada under an agreement with British Columbia under this Act or any Act repealed by this Act;
(c) money received in respect of a disposition under this Act or the Land Act. (2) Money required for the purposes of this Act or any other Act under the administration of the minister may be paid out of the consolidated revenue fund.

(3) The cumulative total of amounts paid out under this section must not exceed the cumulative total of the following amounts:
(b) money received under subsection (1) after March 31, 1982. 8 (1) To secure repayment of money advanced in respect of land, the minister may file in the land title office for the district in which the land is located a certificate showing the following:
(a) the date the money was advanced;
(b) the amount of money advanced;
(c) a summary of any terms and conditions of repayment or forgiveness that are not contained in the regulations;
(d) a description of the land sufficient to identify it in the land title office records.

(2) On receiving a certificate under this section, the registrar must file it without fee and make reference to it in the proper register against the title to the land described in the certificate. (3) For the purposes of subsection (2) the registrar must not register a transfer or conveyance of the fee simple in the land, an agreement to transfer the fee simple, or a lease, sublease, assignment of lease or mortgage of the land, except as may be prescribed. (4) If money advanced is repaid, or if it is forgiven under the Financial Administration Act, the minister must file a cancellation of the certificate in the land title office. (5) If the regulations made under

section 11 prescribe that an obligation to repay money advanced is to be extinguished on the expiration of a prescribed time or on the happening of a prescribed event, on the expiration of the time or the happening of the event, the minister must file a cancellation of the certificate in the land title office. (6) On receipt of a written request showing the name of the person to whom the money was advanced and a description of the land sufficient to identify it, the minister must issue a statement showing the terms and conditions of the advance and the amount owing to the government in respect of it as of the date of the statement.

"affordable housing agreement" means an agreement made by the minister, the British Columbia Housing Management Commission or any other agent of the government with a person who has received or is to receive assistance from the government to acquire, develop or operate an affordable housing development;
"affordable housing development" means land and improvements, all or part of which provide or are intended to provide housing for sale or lease to or other use by low and moderate income individuals, and includes land and improvements designated as an affordable housing development;
"affordable housing purposes" means affordable housing purposes as defined by the regulations;
"assistance" includes a grant, loan, guarantee or indemnity.

(2) Without limiting the terms that may be included in an agreement under this Act, an affordable housing agreement may include a restriction that all or part of the affordable housing development may be used only for affordable housing purposes. (3) If an affordable housing agreement includes a restriction under subsection (2), the minister, the British Columbia Housing Management Commission or other agent of the government may file a written notice in the land title office containing
(a) a description of the affordable housing development sufficient for the registrar to identify it in the records of the land title office, and
(b) a statement that the affordable housing development is subject to an affordable housing agreement that includes a restriction under subsection (2).

(4) When a notice is filed under subsection (3), the registrar must make a notation of the filing in the proper register against the title to the land affected. (5) Unless the written consent of the minister is filed in the land title office,
(a) a person who owns or leases an affordable housing development must not transfer, mortgage, lease or otherwise dispose of that person's interest in the affordable housing development, and
(b) the registrar must not register a transfer or other disposition referred to in paragraph (a).

(6) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a notation of a filing or the registration of a transfer or other disposition under this section,
(a) neither the registrar, nor the government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
(a.1) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 of the Land Title Act, and
(b) neither the assurance fund nor the minister charged with the administration of the Land Title Act, as a nominal defendant, is liable under Part 20 of the Land Title Act.

(7) Once a notation is made under subsection (4),
(a) the affordable housing agreement and, if applicable, any amendment to it is binding on all persons who acquire an interest in the land affected, and
(b) if a transfer, mortgage, lease or other disposition of a person's interest in an affordable housing development is registered without the written consent of the minister being filed as required under this section, the minister or the British Columbia Housing Management Commission may apply to the Supreme Court for an order for specific performance of the affordable housing agreement by the new owner or for any other remedy.

(8) The Lieutenant Governor in Council may make regulations for this section as follows:
(a) defining a word or phrase used but not defined in this section;
(b) designating land and improvements as an affordable housing development;
(c) specifying affordable housing purposes for the purposes of a restriction under subsection (2);
(d) designating property held by a corporation or other person as trustee, as property held on trust for the preservation of land and buildings for affordable housing purposes. 9 (1) Despite the Land Act, but subject to

section 50 (1) of that Act, the minister may do any of the following, on terms and conditions the minister considers appropriate:
(b) establish procedures regulating the disposition of Crown land;
(c) provide in an agreement for the disposition of Crown land, and for payment of the purchase price and any other money in full or by instalments secured to the satisfaction of the minister;
(d) direct to what extent a procedure established under this Act is to affect an application pending under the Land Act. (2) For the purposes of this Act the minister may do one or more of the following:
(c) assist municipalities and regional districts to establish parks and to provide outdoor recreation facilities.

(3) If the minister considers it advisable, the minister may authorize the Surveyor General to dispose of Crown land under subsection (1) on behalf of the minister. 10 (1) Despite the repeal of the Housing Act, R.S.B.C. 1960, c. 183, and the Ministry of Municipal Affairs and Housing Act, S.B.C. 1973 (2nd Sess. ), c. 110, but subject to subsection (3),
(a) Order in Council 2388/78, approved and ordered September 7, 1978 and published as B.C. Reg. 490/79, is valid and, despite the Regulation Act, R.S.B.C. 1979, c. 361, is conclusively deemed to have come into force on and to have had effect on September 7, 1978, and to continue in force, and
(b) the British Columbia Housing Management Commission, incorporated under the Housing Act, R.S.B.C.

1960, c. 183, and the Ministry of Municipal Affairs and Housing Act, S.B.C. 1973 (2nd Sess. ), c. 110, by B.C. Reg. 76/68, and continued by Order in Council 2388/78, continues as a corporation on the terms and with the constitution, capacity, powers and duties set out in that order in council. (2) The British Columbia Housing Management Commission and the Provincial Rental Housing Corporation are agents of the government, but may on behalf of the government carry out their duties and functions in their own names. (2.1) The British Columbia Housing Management Commission is authorized to exercise the powers and perform the duties given to it under this or another enactment.

(b) conferring on the British Columbia Housing Management Commission powers and duties respecting housing, including, without limitation, the following powers or duties:
(i) to provide social and other services to a person for the purposes of assisting the person to
(B) achieve stability in housing, or
(C) maintain or increase independence in respect of housing;
(ii) to develop land or improvements for the purpose of providing housing, or for multiple purposes, one of which is the provision of housing, and to manage housing and developments that include housing;
(c) respecting the constitution, status, incorporation and capacity of the British Columbia Housing Management Commission.

(4) The Lieutenant Governor in Council may authorize the minister to assume, on behalf of the government and on terms the Lieutenant Governor in Council considers advisable, all liabilities of the Provincial Rental Housing Corporation to Canada Mortgage and Housing Corporation. 11 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations requiring that a person applying for, using, acquiring or exercising a right or privilege in respect of Crown land pay a fee, and establishing a tariff of fees. (3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing information or documents or classes of information or documents that may be published under

section 6.1;
(b) in respect of the publication of information or documents or classes of information or documents under

section 6.1, including prescribing the criteria to be applied in determining whether to publish information or documents or classes of information or documents and the manner of publication;

section 24 or 25;
"common mass" means the common mass of real property referred to in

section 4 (1);
"former parcel" means a parcel that is located in a replotting district and exists before the completion of a replotting scheme, and includes the following portions of land located in the replotting district:
(a) land that, before the completion of the replotting scheme, was a portion of a highway, park or public square;
(b) land indicated as a highway, park or public square on a plan of subdivision deposited in the land title office before the completion of the replotting scheme;
"new parcel" means a parcel created or intended to be created by a replotting scheme, and includes the following:
(a) land created or intended to be created by the replotting scheme as a portion of a highway, park or public square;
(b) a portion of land indicated as a highway, park or public square on a plan of subdivision deposited in the land title office under this Act;
"owner" means a purchaser of real property under an unregistered agreement for sale and purchase, a registered owner of an estate in fee simple, a registered owner of a charge or a tax sale purchaser during the redemption period, and includes the Provincial government, a Provincial government corporation and the municipality;
"parcel" means any lot, block or other area in which land is held or into which land is subdivided;
"replotting district" means a replotting district designated by a council under

section 3 (a). (2) Unless a term is otherwise defined in this Act or a contrary intention appears in this Act, the definitions in the Community Charter apply to this Act. 2 In addition to other land to which this Act applies, this Act applies to Crown land in a replotting district held by purchasers from the Provincial government and, in that case, both the Provincial government and the purchasers are owners for the purposes of this Act.

Part 2 — Preparation and Initiation of Replotting Scheme
3 A council may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members,
(a) designate a part of the municipality as a replotting district, and
(b) authorize the preparation of a replotting scheme for the replotting district, including authorizing the preparation of incidental preliminary surveys. 4 (1) For the purpose of a replotting scheme, all real property in the replotting district at the initiation of the scheme forms one common mass of real property.

(2) The real property necessary for highways, parks or public squares is to be taken from the common mass to form new parcels for those purposes, and these new parcels stand in the place of and compensate the Provincial government, the municipality and the public for the surrender of all former highways, parks or public squares. (3) The remainder of the common mass must be divided into new parcels for allotment to the owners in a fair and equitable manner so that, as far as possible, the value of new parcels allotted to them is equal to the value of their former parcels.

(4) An allotment, decision, award, consent or other proceeding under this Act that affects real property is binding on and inures to the benefit of the person who owns the real property. (a) effort must be made to allot to owners new parcels in approximately the same location as their former parcels, and
(b) former parcels with buildings, other structures, erections or utilities on them, subject to the necessary adjustment of boundaries, must be returned to their former owners wherever practicable. (2) The allotment of new parcels in exchange for former parcels must be carried out as far as practicable with the consent of the respective owners.

(3) If an owner does not consent,
(a) the owner may be allotted a new parcel or parcels of value equal as nearly as possible to the value of the owner's former parcel or parcels, or
(b) monetary compensation may be paid to the owner instead of an allotment of real property. (4) Unavoidable differences of value between former parcels and new parcels may be equalized by
(a) paying monetary compensation to the owner, or
(b) with the owner's consent or agreement, allotting to the owner a new parcel of greater value than the owner's former parcel for a cash payment or on terms.

(5) If a new parcel is allotted under subsection (4) (b) on terms, the municipality may take a mortgage, with interest at an agreed rate, from the owner for payment of the difference in value. (6) Any real property not allotted as provided in subsections (1) to (5) may be allotted to any owner at an agreed price, the amount of which must be paid to the municipality. (7) Any real property remaining unallotted must be allotted to the municipality and is surplus real property. 6 (1) The municipality may, subject to paying compensation, acquire a charge against a former parcel and hold it as a charge against a new parcel allotted to the owner of the former parcel.

(2) The municipality may, in respect of the charge against the new parcel, take all necessary proceedings
(a) for the collection of the amount due under the charge, or
(b) for the sale, transfer or realization of the security created by the charge. 7 (1) A replotting scheme must indicate the following:
(a) the proposed relocation and exchange of former parcels for new parcels in which the Provincial government or the municipality has no estate or interest;
(b) whether compensation is to be proposed to the respective owners and, if compensation is proposed, its amount;
(c) the value of any surplus real property;
(d) the new location of a building, other structure, erection or utility that is to be moved.

(2) A replotting scheme may establish an apportionment of the net cost of the scheme between the municipality and the owners, with consideration being given to
(a) the saving that the scheme may effect in the expenditure of the municipality for highways and municipal utilities, and
(b) the increased taxation that may be derived by the municipality from the increased value of the real property in the replotting district. 8 (1) Before initiating a replotting scheme, the council must
(a) publish notice of the scheme in accordance with

section 94 [requirements for public notice] of the Community Charter, and
(b) send by registered mail to, or serve on, each owner of a former parcel in the replotting district the materials described in subsection (2) of this section.

(2) The materials to be provided to each owner under subsection (1) (b) are as follows:
(a) a plan showing the real property in the replotting district as presently subdivided and a plan showing that property replotted under the proposed replotting scheme, with both plans setting out
(i) the dimensions of the boundaries of each former and new parcel shown, and
(ii) the scale of the plan, which must be the same for both plans and which must not be smaller than 1 to 1 000;
(i) the estimated total cost of the scheme,
(ii) the cost to be borne by the municipality,
(iii) the total cost to be borne by all the owners, and
(iv) the portion of the cost for each new parcel;
(i) the number of instalments by which the owner's share of the cost may be paid,
(ii) at what interval after completion of the scheme the first instalment will be due, and
(iii) at what intervals any remaining instalments will be due;
(d) the proposed allotment of new parcels for former parcels;
9 (1) An owner's consent to the proposed replotting scheme as it affects the owner's real property must be in a form that is prepared by the municipality and that includes the following:
(a) the details of any compensation proposed to be paid by the municipality for the real property as a result of the scheme;
(b) the details of any amounts requested to be paid to the municipality for the real property as a result of the scheme;
(c) a space for the owner to set out
(i) the true or market value of the owner's real property affected by the scheme, and
(ii) the amount or proportion the owner considers to be the value of the owner's interest.

(2) If the owner signs a consent and returns it to the municipality, the owner must complete the information referred to in subsection (1) (c). (3) An owner who mails or delivers a consent to the municipality is bound by it, and no claims against the municipality may be allowed on matters specifically agreed to in the consent. (4) The designated municipal officer must accept an owner's consent in writing any time before the commissioner gives the commissioner's decisions under

section 30 (3). 10 (1) Alterations may be made in the replotting scheme before its completion under

section 19 (3). (2) If alterations affect the owners who have consented, the consent of all the affected owners must be obtained again. 11 (1) The council may, by resolution, authorize the initiation of the replotting scheme if consent to the scheme is given by the owners of former parcels in the replotting district in respect of which the assessed value of their land is at least 70% of the total assessed value of all the land in the replotting district according to the last revised assessment roll. (2) A consent referred to in subsection (1) must be in writing in the form referred to in

(3) The calculation of the 70% of the total assessed value referred to in subsection (1) must be determined as follows:
(a) the value of improvements is not to be included in the calculation;
(b) the value of an owner's interest in a former parcel is the assessed value of the parcel if
(i) the parcel is owned in fee simple, free of charges,
(ii) the parcel is owned by a purchaser from the Provincial government or from a Provincial government corporation and the purchaser has completed the payments but the Crown grant, order in council or conveyance has not been delivered to or registered by the purchaser, or
(iii) the parcel has been purchased at a tax sale and the period for redemption has not expired;
(c) in the cases of former parcels held subject to one or more charges, the following rules apply:
(i) the value of the charges and of the estate in fee simple must be determined by multiplying the assessed value of the land by the true or market value of the particular interest in the parcel and dividing the resulting product by the true or market value of the parcel;
(ii) if the true or market value of an interest in real property cannot be determined from the information supplied by owners of a parcel in their consent under

section 9 (1) (c), the designated municipal officer must assess and determine the values for the purposes of subparagraph (i) of this paragraph from whatever records or information are available to that municipal officer;
(d) if a former parcel is held by a tenant for life,
(i) the true or market value of the life estate is its present worth as determined by using the Statistics Canada tables of British Columbia life expectancy in effect when the valuation is made, and
(ii) the true or market value of the estate in remainder in fee simple is the resulting balance, after subtracting the true or market value of the life estate from the true or market value of the parcel;
(e) in the cases of multiple ownership of estates in fee simple and charges,
(i) each tenant in common is considered to consent to the proportion of the whole estate in fee simple or charge held by the tenant's proportion in the tenancy, and
(ii) each joint tenant is considered to consent to an equal share with each of the tenant's co-joint tenants in the whole estate in fee simple or charge.

section 11 (1), certified by the corporate officer, together with the plans referred to in section 8 (2) (a), must be filed in the land title office. (2) When the resolution is filed, the registrar of land titles must cause a note of it to be made in every record of title in fee simple to a former parcel located in the replotting district. (3) The note under subsection (2) must refer to the filing number and series, and the series may be the same as the series that includes caveats. (4) The replotting scheme is initiated when the note under subsection (2) is made. 13 (1) A note under

section 12 (2) is notice to all persons having any right, title, interest, charge, claim or demand in, to or on the affected former parcels, and to all persons subsequently dealing with them, that a replotting scheme has been initiated, and those persons are bound by all proceedings under this Act taken before and after that notice.

(2) A person who has a right, title, interest, charge, claim or demand in, to or on real property in the replotting district that is not duly registered before the initiation of the replotting scheme is not entitled to notice of proceedings under this Act, unless the person is a purchaser
(a) from the Provincial government,
(3) A person dealing with an affected former parcel after the replotting scheme is initiated is not entitled to notice unless the person
(a) gives the designated municipal officer written notice of the person's purchase or claim and evidence of its registration, and
(b) provides that municipal officer with an address to which notices may be mailed.

14 Within 4 months after the initiation of a replotting scheme, the council must, by resolution, either
(a) authorize the completion of the scheme and put it into effect, or
15 If a council resolves to discontinue a replotting scheme,
(a) the corporate officer must file in the land title office a copy of the resolution to discontinue, certified under that officer's signature, and
(b) the registrar of land titles must then cancel the note made under

section 12 (2). Part 3 — Implementation and Completion of Replotting Scheme
16 (1) If a council resolves to authorize the completion of a replotting scheme under

section 14 (a), the municipality must apply to the registrar of land titles to have title to the common mass registered in fee simple in trust for the owners of the new parcels. (2) The application under subsection (1) must be in the form approved under the Land Title Act and be accompanied by the following:
(a) a reference plan defining the common mass, signed by the corporate officer, that complies with the requirements of the Land Title Act for reference plans, other than the requirements of

section 103 [execution of plan by owner] of that Act;
(b) a certificate that meets the requirements of subsection (3);
(c) a subdivision plan defining the new parcels that complies with the requirements of the Land Title Act and bears the title "prepared under the Municipal Replotting Act";
(d) an application in the form approved under the Land Title Act to deposit the subdivision plan.

(3) The certificate must be signed by the corporate officer and set out the following:
(a) in the 1st column, the description of each new parcel compiled in numerical or alphabetical order;
(b) in the 2nd column, opposite the description of the relevant new parcel, the description of the former parcel or parcels in respect of which the allotment of the new parcel has been made;
(c) in the 3rd column, opposite the description of the relevant new parcel, the name and address of the owner in fee simple to whom each new parcel has been allotted;
(d) in the 4th column, opposite the description of the relevant new parcel, the names and addresses of owners of all charges registered against the former parcel or parcels in respect of which the allotment of the new parcel has been made and the nature and serial registration numbers of the charges;
(e) in the 5th column, opposite the description of the relevant new parcel, the names and addresses of any
(i) claimant of a lien filed under the Builders Lien Act,
(ii) person who has registered a certificate of pending litigation under the Land Title Act,
(iii) caveator under the Land Title Act,
(iv) person taking a security interest in fixtures under the Personal Property Security Act, or
(v) spouse claiming the benefits of the Land (Spouse Protection) Act;
(f) in the 5th column, opposite the description of the relevant new parcel, the description of any former parcel or parcels in respect of which no allotment of a new parcel or parcels has been made.

17 The registrar of land titles must examine the application forms, reference plan, subdivision plan and certificate and, if satisfied that they are in order and in compliance with this Act and the Land Title Act, must deposit the reference plan and assign to it a serial deposit number. 18 (1) The deposit of a reference plan
(a) vests in the municipality, in trust, the title of the common mass, in fee simple, free from all charges registered against former parcels, and
(b) extinguishes all highways, parks or public squares within the common mass. (2) Subsection (1) binds the Provincial government.

(3) On finding a good safe holding and marketable title in fee simple to the common mass, the registrar of land titles must register the title claimed by the municipality, and, after registration, the Land Title Act applies. (4) The municipality need not produce any former absolute, interim or duplicate indefeasible title to any former parcel and, on the issue of the indefeasible title to the municipality in trust, all of those certificates are deemed to be cancelled. 19 (1) After the registration of title to the common mass under

section 18 (3), the registrar of land titles must deposit the subdivision plan, assign to it a serial deposit number and issue any new indefeasible titles for the new parcels that are necessary. (2) The indefeasible titles under subsection (1) must be noted or endorsed, as the case may require, with all claims, demands or notices as set out in the 5th column of the certificate referred to in

section 16 (2) (b). (3) The replotting scheme is completed when the requirements of subsection (2) are met and, after completion, the Land Title Act applies. (4) In addition to the application of the Land Title Act, the deposit of the subdivision plan vests title to the respective new parcels in the persons named in the 3rd and 4th columns of the certificate referred to in

section 16 (2) (b) according to the estate, title or interest disclosed by the certificate, but subject to all claims, demands or notices set out in the 5th column of the certificate. 20 (1) As soon as practicable after the completion of the replotting scheme, the municipality must apply under the Land Title Act for registration on behalf of the persons who own the new parcels. (2) The registrar of land titles, in the registrar's discretion, may summarily reject or may refuse to register any application on behalf of an owner unless there is produced to the registrar any duplicate indefeasible title, or interim or absolute certificate of title, to a former parcel that had not been produced before registration of the common mass under

21 On completion of the replotting scheme,
(a) except as otherwise dealt with under this Act, all rights, obligations and incidents of ownership of the owner of a former parcel or of an interest in it, and all public and private legal relationships with a former parcel, are deemed to be transferred to and exist in the new parcel allotted to the owner of the former parcel to the same extent and in the same manner as with the former parcel,
(b) all conveyances, agreements, mortgages and other instruments, including grants of probate or grants of administration, in respect of parcels of real property described in them by a description appropriate to a former parcel and in respect of which registration of title had not been applied for before the completion of the scheme must be construed as if the estate or interest passing, created or vested by them was in the new parcel, and
(c) the new parcels and their respective owners are subject to and liable for all municipal charges, rates, taxes and assessments levied against their former respective parcels, and are subject to all proceedings taken and to be taken for the collection of municipal charges, rates, taxes and assessments in any manner provided for by law.

Part 4 — Complaints Regarding Compensation
22 On completion of the replotting scheme, the allotments of real property under it are absolutely binding to all intents and purposes on all the owners in the replotting district, subject to the right of those owners who did not consent to the scheme to complain about the adequacy of compensation proposed or the failure to propose compensation. 23 (1) An owner who did not consent and who gives notice of complaint as provided in

section 26 (2) (f) has the right to monetary compensation for the following:
(a) any loss of value of the former parcel insofar as adequate compensation is not provided by the new parcel allotted;
(b) any loss of or damage to buildings or other improvements on the former parcel;
(c) the cost of moving buildings or other improvements on the former parcel;
(d) any loss of income caused by the replotting scheme from
(ii) the special condition or use of the former parcel.

(2) In determining the amount of compensation,
(a) a former parcel must be valued at its market value at the time of the initiation of the replotting scheme, but an increase in its value caused by the anticipation or initiation of the scheme must not be taken into consideration, and
(b) a new parcel must be valued at its market value on completion of the replotting scheme.

(3) A person is not entitled to compensation for any of the following:
(a) costs, expenses, loss, damage or inconvenience
(i) incurred or sustained in investigating the replotting scheme proceeding,
(ii) incurred or sustained in presenting a complaint or making an appeal, or
(iii) caused by the initiation of, delay in or discontinuance of the replotting scheme;
(b) an actual or anticipated loss or inconvenience of access to new parcels or of use of a municipal or public utility or service if the loss or inconvenience is due to the new highways not being open for traffic;
(c) an actual or anticipated loss, damage or inconvenience suffered in common with all or the majority of other owners;
(d) a building or other structure constructed, erected, placed or altered after the initiation of the replotting scheme or an actual or anticipated loss, damage or expense incidental to the construction, erection, placement, alteration or removal of the building or other structure;
(e) an improvement made to land after the initiation of the replotting scheme or an actual or anticipated loss, damage or expense incidental to the improvement;
(f) a reduction in or loss of value due to reduction in area within the limits of a right to take land for highway purposes contained in the Crown grant of or statute applying to the land.

24 (1) Within one month after completion of a replotting scheme, the council must apply to the Supreme Court for the appointment of a commissioner for the purposes of this Part and the court must appoint a commissioner. (2) An application under subsection (1) may be made without notice to any other person. (3) If the council does not apply under subsection (1), any owner who did not consent to the replotting scheme may apply on notice to the council. (4) The following persons may not be appointed or act as a commissioner:
(b) an owner within the replotting district;
(c) the spouse of an owner within the replotting district.

(5) Before performing the duties of office, a commissioner must take and sign the following oath before the corporate officer:
(6) The municipality must pay the commissioner remuneration at a rate agreed between the commissioner and the council, and, in the event of a failure to agree, a reasonable remuneration set by the Supreme Court on summary application by the municipality or the commissioner. 25 (1) The Supreme Court must, on the application of the municipality, appoint another person as commissioner if any of the following occur:
(a) the commissioner dies, resigns, refuses to act or is absent;
(b) the commissioner is incapable of acting because of sickness, disability or misconduct. (2) An application under subsection (1) may be made without notice to any other person.

(3) Proceedings presided over and decisions made by the commissioner before any of the circumstances referred to in subsection (1) have occurred are not affected, but are valid and have effect and must be and continue to be acted on,
(a) even though the circumstance has occurred and another commissioner has been appointed, and
(b) without any necessity for restarting the proceedings or reconsidering any matter or thing that has arisen or been considered or decided before the circumstance occurred. 26 (1) After a commissioner is appointed under

section 24, the designated municipal officer must, in accordance with this section, give a notice to each of the owners who did not consent and whose name appears on either of the lists referred to in section 40.

(2) The notice under subsection (1) must be in writing and must include the following:
(a) a statement that a replotting scheme has been put into effect;
(b) a description of the owner's former parcel;
(i) of the allotment of a new parcel made,
(ii) of the compensation proposed to the owner, and
(iii) that, if a former parcel is improved, the owner's buildings may be affected;
(d) a statement that the replotting scheme and the allotments under it are absolutely binding on the owner to all intents and purposes, except for the owner's right to complain against
(i) the adequacy of compensation proposed, or
(ii) the failure to propose compensation;
(e) the time and place established by the commissioner for hearing complaints;
(f) a statement that, if the owner intends to complain, the owner must give written notice with the grounds of the complaint to the designated municipal officer 10 days before the hearing.

(3) The notice under subsection (1) may be given by any of the following:
(a) by personal service on the owner;
(b) by registered mail addressed to the owner at the owner's address
(i) as shown on a list provided under

section 40,
(ii) as shown on any record in the land title office relating to the owner's ownership of or interest in the former parcel, or
(iii) as last known to the assessor for the municipality;
(c) on application to the Supreme Court, by substituted service in accordance with the order of the court. (4) The designated municipal officer may, in the municipal officer's discretion, send with any one or more of the notices
(a) a copy of the plan of replotting, or
(b) any portion of the plan on the same or a different scale.

(5) The designated municipal officer must keep a record of the notices given under this section by showing the following, opposite the names of the owners of the former parcels in the replotting district:
(a) the names of the owners to whom notices were sent;
27 The commissioner must establish a time and place for the hearing of complaints as follows:
(a) the time must be on a day that is not less than 40 days and not more than 90 days after the designated municipal officer has given the notices referred to in

section 26;
(b) the place must be at the municipal hall or another suitable place in the municipality. 28 (1) The commissioner must sit at the time and place established under

section 27. (2) The commissioner must inquire into and pass on the sufficiency of all notices required to be given under

section 26 and, in the commissioner's sole discretion, may direct further notices be given under that section. (3) The commissioner must hear complaints of owners who have given written notice of their intent to complain. (4) If the commissioner thinks it fit in the interest of justice, the commissioner may hear a complaint made to the commissioner at any time before the conclusion of the hearing. (5) The municipality may complain to the commissioner on its own behalf or on behalf of any other person. 29 (1) The proceedings before the commissioner must be public.

(2) The following rules apply respecting evidence that may be accepted by the commissioner:
(i) receive any evidence that the commissioner thinks proper to admit and may take a view, and
(ii) examine on oath any person interested and the witnesses that appear before the commissioner;
(b) the commissioner may act on, accept or adopt the evidence the commissioner considers sufficient, whether on oath or not and whether written or oral;
(c) the commissioner has the right to insist on evidence being given or submitted orally under oath or by affidavit, but need not require any evidence to be so given or submitted;
(d) the strict rules of evidence do not apply.

(3) The commissioner may, at the request of any complaining owner or on the commissioner's own initiative, summon in writing any person to attend at the hearing, give evidence and produce any documentary evidence. (4) The commissioner may order reasonable fees and expenses to be paid to a witness summoned on the commissioner's own initiative and those fees and expenses must be paid by the municipality. (5) A person who fails to respond to a summons under subsection (3) commits an offence and is liable on conviction to a penalty not greater than $100 and costs.

(6) The commissioner or, in the absence of the commissioner, the corporate officer may adjourn the hearing from time to time and from place to place, whether or not any person interested is present at the time of the adjournment. 30 (1) The powers of the commissioner are confined to
(a) passing on the sufficiency of all notices required to be given under

section 26, and
(b) hearing and deciding complaints under sections 22 and 23. (2) The commissioner must keep a record of each complaint made to the commissioner and of the commissioner's decision on it. (3) On the conclusion of the hearing, the commissioner must announce a date on which the commissioner's decisions will be given. (4) Promptly after giving a decision, the commissioner must report to the council the complaint made to the commissioner and the decision in respect of the complaint. (5) The report under subsection (4) must be open for examination by any complainant or a complainant's lawyer or agent. 31 (1) A decision of a commissioner may be appealed to the Supreme Court.

(2) An appeal under subsection (1) is an appeal by way of rehearing. (3) An owner who appeals must, within 10 days after the decision, serve on the municipality a written notice of intention to appeal, setting out the grounds of appeal. (4) The municipality may appeal a decision of a commissioner, in which case it must, within 10 days after the decision, give the affected owner a written notice of intention to appeal, setting out the grounds of appeal. (5) An appeal must be made on petition and 5 days' notice of the time for hearing the appeal must be given to the municipality or, if the municipality is appealing, to the owner.

(6) The municipality may give notice under subsection (4) or (5) in any manner provided in

section 26 (3). (7) The powers of the Supreme Court on appeal are confined to hearing and deciding appeals from the decision of the commissioner on complaints under

section 23. (8) In term or during vacation, the court must hear the appeal in a summary manner and on the rules of evidence that govern a commissioner. (9) The court may adjourn the hearing from time to time and defer judgment at pleasure, but judgment must be given within 6 weeks after the 10-day time limit set by subsection (3) or (4) for giving notice of appeal. (10) If judgment is not given by the court within the period under subsection (9), the commissioner's decision stands. (11) Persons making or opposing an appeal must pay their own costs and expenses and no party and party costs may be awarded by the court.

(12) A decision of the Supreme Court under this section may be appealed to the Court of Appeal with leave of a justice of the Court of Appeal. 32 (1) The municipality must pay
(a) the amounts of compensation proposed by the replotting scheme within 3 months after its completion, or
(b) if a complaint has been made, the compensation awarded by the commissioner, or the Supreme Court on appeal, within 3 months after the date of the award. (2) Either of the periods referred to in subsection (1) may be extended by the Supreme Court on application by the municipality without notice to any other person.

(3) The compensation stands in the place of the land for which it was proposed or awarded, and is subject to any limitations and charges to which the land was subject. (4) The municipality may, in any case it considers expedient, without leave or order, pay into the Supreme Court the amount of any compensation proposed or awarded. (5) Payment into court under subsection (4) must be accompanied by a certificate of the corporate officer giving particulars of the person to whom and the land for which the compensation was proposed or awarded, and the district registrar of the Supreme Court must give that corporate officer a receipt, attached to or endorsed on a copy of the corporate officer's certificate.

(6) Compensation paid into court under subsection (4) must be paid out of court to the person entitled to it on the order of the court. 33 The municipality may, by its employees, workers or contractors, do any of the following:
(a) move any building, other structure, erection or utility required to be moved under a replotting scheme;
(b) do any work or thing on private property in satisfaction of awards of compensation. 34 (1) The municipality must keep a proper account of all money paid by it in connection with a replotting scheme. (2) After the completion of a replotting scheme and the payment of all compensation and incidental expenses, the municipality must prepare a statement showing the net cost.

(3) The statement must debit the municipality with the value of all surplus land allotted to it and any money receivable under

section 5 or otherwise on account of the replotting scheme. (4) If applicable, the net cost shown on the statement must be apportioned between the municipality and the other owners in the manner set out in the replotting scheme.

(5) If the replotting scheme does not establish an apportionment, the net cost shown on the statement must be apportioned as follows:
(a) the municipality's portion of the net cost is calculated in accordance with the following formula:
35 (1) The net cost of the replotting scheme may be raised as follows:
(a) the municipality's portion of the cost may be raised by a special rate levied and collected on and from all the taxable land or land and improvements in the municipality;
(b) the owner's portion of the cost may be raised by a special rate levied and collected on and from the taxable land in the replotting district, according to the respective values of that land as shown in the first revised assessment roll of the municipality containing the new parcels.

(2) As an alternative to subsection (1), the net cost of the replotting scheme may be paid by borrowing the required amount on debentures issued under the same provisions as if the scheme had been carried out as a local area service under the Community Charter, with
(a) the municipality's portion of the cost being raised by a special rate levied and collected annually on and from all the taxable land or land and improvements in the municipality, and
(b) the owners' portion of the cost being raised by a special rate levied and collected annually on and from the taxable land in the replotting district according to the respective values of that land as shown in the revised assessment rolls for the years during which the special rates are levied.

(3) Debentures under subsection (2) must be repayable within 10 years after the date of issue. (4) A special rate levied under subsection (1) or (2) must be due and payable to the municipality at the same time as other annual municipal rates and taxes, and
(a) Part 7 of the Community Charter, except Division 5 [Local Service Taxes], applies to subsections (1) (a) and (2) (a) of this section, and
(b) Division 5 of Part 7 of the Community Charter applies to subsections (1) (b) and (2) (b) of this section.

36 (1) To the extent that new highways under a replotting scheme are not constructed and open for traffic during the 6 months after the completion of the scheme, the former highways and all public utilities and other works on them may be maintained if those highways, utilities and other works do not interfere with or disturb the reasonable and necessary use and occupation of new parcels. (2) No person has a right to compensation or a right of action for damages against the municipality or against any other person for maintaining, under subsection (1), the former highways and all public utilities and other works on them. (3) During the period referred to in subsection (1), the municipality or its licensees may remove the public utilities and works.

(4) A person who unreasonably obstructs the use of a former highway during the period referred to in subsection (1) commits an offence and is liable on conviction to a penalty not greater than $100. 37 Other than the right of complaint and appeal provided in this Act, no person is entitled to make or proceed with any demand, claim or action against the municipality, any of its officers, employees or workers, or against the commissioner or the Provincial government, for the following:
(a) any loss or damage sustained or threatened by reason of a replotting scheme;
(b) any matter caused by any proceedings taken or thing done under this Act.

38 The municipality may dispose of a new parcel allotted to it in the manner provided for disposing of land acquired by it at a tax sale. 39 Nothing in this Act affects the power of the municipality to assess and to levy rates and taxes on the former parcels during the replotting scheme and before its completion. 40 (1) At the municipality's request and on payment of reasonable fees specified by the registrar of land titles for the work involved, the registrar must provide any required information to be obtained from the records and a list of the names and addresses of the registered owners of all former parcels in the replotting district at the time of the initiation of the replotting scheme.

(2) On similar request, the ministry of the minister responsible for the administration of the Land Act must provide a list of the names and addresses of the purchasers of Crown land in the replotting district under agreement for sale. 41 The fees payable to the registrar of land titles in respect of the matters under this Act are to be governed by the Land Title Act. 42 (1) Disputes or questions on the following may be referred to the Supreme Court for decision:
(a) the construction of any provision of this Act;
(b) the sufficiency and validity of proceedings taken under this Act;
Revision Schedule — Consequential Amendment

"park ranger" means a person appointed as a park ranger under

section 4 (2);
"park use permit" means a licence, issued under this Act, authorizing an activity or a course of behaviour or conduct, or the occupancy, use, development, exploitation or extraction of a natural resource on or in a park or conservancy;
"permit", in sections 20 and 21, means a park use permit or a resource use permit;
"recreation area" means Crown land reserved or set aside for public recreational use and established as a recreation area under this Act;
"resource use permit" means a licence, issued under this Act, authorizing an activity or course of behaviour or conduct or the occupancy, use, development, exploitation or extraction of a natural resource on or in a recreation area.

2 (1) This Act is subject to the Environment and Land Use Act, the Environmental Assessment Act, the Haida Nation Recognition Act, the Muskwa-Kechika Management Area Act, the Wildfire Act, except

section 18 of that Act, and the Environmental Management Act, but otherwise, except as provided in this Act, this Act and the regulations are not subject to any other Act or regulation, whenever made, and a minister, ministry of government or agent of the Crown must not exercise any power granted under any other Act or regulation except in accordance with this Act and the regulations. (2) A bylaw or regulation of a municipality or regional district, or any provision of it, that is, in any manner, in conflict with, inconsistent with or repugnant to this Act or the regulations, is suspended and of no effect to the extent of the conflict, inconsistency or repugnancy. (3) The Heritage Conservation Act applies in parks, conservancies and recreation areas.

(4) Subject to the regulations made under this Act, the Wildlife Act applies on any land, trail, path or waterway comprised in an order under

3 (1) Except as otherwise provided in this Act, the minister has jurisdiction over, and must manage and administer, all matters concerning parks, conservancies and recreation areas and public and private use and conduct in them, including all of the following:
(a) the rights, property and interests of the government in parks, conservancies and recreation areas;
(b) natural resources in parks, conservancies and recreation areas;
(c) wildlife and its habitats in parks, conservancies and recreation areas;
(d) the preservation, development, use and maintenance of parks, conservancies and recreation areas and natural resources in them;
(e) the regulation and control of public and private individuals in the use or exploitation of parks, conservancies and recreation areas and the natural resources in and on them, and of human activities, behaviour and conduct in parks, conservancies and recreation areas;
(f) all other matters under this Act.

section 6, jurisdiction over and must manage and administer land or a trail, path or waterway comprised in an order under that section. 4 (1) The minister may appoint one or more directors and other officers and employees under the Public Service Act to assist the minister in the performance of duties and the exercise of powers under this Act. (2) The minister may appoint persons, or persons within a class of persons, to be park rangers.

(3) Subject to the regulations and to any limitations, terms and conditions that may be imposed by the minister under subsection (4), a park ranger is responsible for enforcing compliance with
(a) the Wildlife Act and the regulations under that Act, and
(b) this Act, the regulations and other prescribed enactments within parks, conservancies, recreation areas and any land, trail, path or waterway comprised in an order under

section 6 (1). (4) In appointing park rangers under subsection (2), the minister may
(a) limit the powers and functions that the person or persons within the class of persons may exercise and perform, and
4.1 The minister may enter into an agreement relating to the administration and management of matters and things referred to in

section 3 or 6 with any of the following:
(c) the government of Canada, the government of a province of Canada, the government of a jurisdiction outside Canada or an official or agency of any of those governments;
4.2 (1) The minister may enter into an agreement with a first nation respecting the first nation
(a) carrying out activities necessary for the exercise of aboriginal rights on, and
(b) having access for social, ceremonial and cultural purposes to,
land to which

section 3 or 6 applies, and in respect of other topics relating to the management of matters and things referred to in section 3 or 6. (2) An agreement entered into under subsection (1) is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982. (3) For the purposes of subsection (1), "first nation" includes
(a) a band, as defined in the Indian Act (Canada),
(b) another legal entity representing a first nation, or
(c) a person authorized by a band referred to in paragraph (a) or a legal entity referred to in paragraph (b).

5 (1) The Lieutenant Governor in Council may
(a) establish an area of Crown land as a Class A, Class B or Class C park, or as a conservancy or recreation area, or
(b) designate land in a park, conservancy or recreation area as a designated wildland area,
and declare the name by which the park, conservancy, recreation area or designated wildland area is to be known.

(2) Even though the power conferred on the Lieutenant Governor in Council by subsection (1) is expressed as being permissive, the Lieutenant Governor in Council must exercise that power to the extent and as often as may be necessary to ensure that the total area of parks and recreation areas
(a) is not less than 7 300 000 hectares, and
(b) will be not less than 10 000 000 hectares by January 1, 2000. (3) The Class A parks named and described in Schedules C and D of the Protected Areas of British Columbia Act are dedicated to the preservation of their natural environments for the inspiration, use and enjoyment of the public.

(3.1) Conservancies are set aside
(a) for the protection and maintenance of their biological diversity and natural environments,
(b) for the preservation and maintenance of social, ceremonial and cultural uses of first nations,
(c) for protection and maintenance of their recreational values, and
(d) to ensure that development or use of their natural resources occurs in a sustainable manner consistent with the purposes of paragraphs (a), (b) and (c). (5) The Lieutenant Governor in Council may, by order, extend the boundaries of any park, or consolidate 2 or more of the parks, referred to in subsection (3). (6) Except as permitted by subsection (5), the boundaries of a park referred to in subsection (3) must not be affected except by an Act of the Legislature.

(7) The Lieutenant Governor in Council, by order, may extend the boundaries of any conservancy, or consolidate 2 or more of the conservancies, established or continued under the Protected Areas of British Columbia Act. (8) Except as permitted under subsection (7), the boundaries of a conservancy established or continued under the Protected Areas of British Columbia Act must not be affected except by an Act of the Legislature.

(a) an order has been made in respect of Crown land under the Environment and Land Use Act,
(b) Crown land has been designated as green belt land under the Greenbelt Act,
(c) Crown land is a heritage site under the Heritage Conservation Act,
(d) land is leased to the government or to an agent of the government for public outdoor recreation,
(e) land is owned by a person who has entered into an agreement with the government or with an agent of the government respecting the use of the land for outdoor recreation,
(f) land is owned by a person who has entered into an agreement with the government or an agent of the government respecting the conservation, preservation or protection of the land or an amenity in relation to it,
(g) a trail, path or waterway owned by the government is available for use by the public as a trail or path, or as a waterway for canoes or small boats, or
(h) Crown land is established or continued as an ecological reserve under the Ecological Reserve Act or by the Protected Areas of British Columbia Act,
the Lieutenant Governor in Council may, by order made under this and any other applicable Act, authorize the minister to manage and administer the land, or the trail, path or waterway, or the interest of the government in it.

(2) An order under subsection (1) that is also made under another Act must be consistent with that Act but, subject to that requirement, this Act applies to the land or to the trail, path or waterway to the extent specified in the order. 7 (1) The Lieutenant Governor in Council may cancel, reestablish or revise the boundaries of any park, conservancy or recreation area established under this Act to
(a) increase or decrease the area of the park, conservancy or recreation area,
(b) consolidate 2 or more parks, conservancies or recreation areas, or
(c) divide an existing park, conservancy or recreation area into 2 or more parks, conservancies or recreation areas.

(2) Subsection (1) does not apply to a park or conservancy continued under the Protected Areas of British Columbia Act. 7.1 (1) For the purposes of this section, "official plan" means a plan that is
(a) certified by the Surveyor General, by signature on the plan, to be an official plan, and
(b) kept on deposit in the Crown land registry referred to in

section 7 of the Land Act. (2) All or part of the boundary of a park, conservancy, designated wildland area or recreation area may be described by reference to
(a) one or more official plans,
(b) metes and bounds descriptions,
(c) lot or parcel descriptions, or
(d) any combination of the means referred to in paragraphs (a) to (c). (3) To the extent of any variance between the marked representation of the boundary on an official plan and the metes and bounds or other written descriptions on the official plan, the metes and bounds or other written descriptions prevail.

(4) Copies of official plans must be available for public inspection in the Crown land registry during regular business hours, and a person may obtain a copy of an official plan on payment of a fee prescribed under

section 6 (3) of the Land Act. (5) A copy of an official plan, that is certified by the Surveyor General to be a true copy, is admissible as evidence in a court without proof of the signature or official character of the Surveyor General. 7.2 An order of the Lieutenant Governor in Council under this Act establishing or modifying a park, conservancy, designated wildland area or recreation area must be published in the Gazette. 8 (1) An interest in land in a Class A or Class C park must not be granted, sold, leased, pre-empted or otherwise alienated or obtained or made the subject of a licence except as authorized by a valid and subsisting park use permit.

(2) A park use permit referred to in subsection (1) must not be issued unless, in the opinion of the minister, to do so is necessary to preserve or maintain the recreational values of the park involved. (3) An interest in land in a Class B park must not be granted, sold, leased, pre-empted or otherwise alienated or obtained except as authorized by a valid and subsisting park use permit. (4) A park use permit referred to in subsection (3) must not be issued unless, in the opinion of the minister, to do so is not detrimental to the recreational values of the park concerned.

(5) Crown land in a recreation area
(a) is reserved absolutely from sale, and title to that land is retained, in perpetuity, by the government, and
(b) is reserved from lease or other disposal under the Land Act, except as may be approved by the minister. (6) An interest in land in a conservancy must not be granted, sold, leased, pre-empted or otherwise alienated or made the subject of a licence except as authorized by a valid and subsisting park use permit.

9 (1) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a Class A or Class C park must not be granted, sold, removed, destroyed, damaged, disturbed or exploited except as authorized by a valid and subsisting park use permit. (2) A park use permit referred to in subsection (1) must not be issued unless, in the opinion of the minister, it is necessary for the preservation or maintenance of the recreational values of the park involved.

(3) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a Class B park must not be granted, sold, removed, destroyed, damaged, disturbed or exploited except as authorized by a valid and subsisting park use permit. (4) A park use permit referred to in subsection (3) must not be issued unless, in the opinion of the minister, to do so is not detrimental to the recreational values of the park involved.

(5) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a designated wildland area must not be granted, sold, removed, destroyed, damaged, disturbed or exploited. (6) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a recreation area must not be granted, sold, removed, destroyed, disturbed or damaged, exploited, developed, improved or utilized under any Act except as may be approved by the minister.

(6.1) A natural resource, other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a conservancy must not be granted, sold, removed, destroyed, disturbed, damaged, exploited, developed, improved or utilized except as authorized by a valid and subsisting park use permit. (7) A natural resource in a park of any class must not be granted, sold, removed, destroyed, disturbed, damaged or exploited unless, in the opinion of the minister, the development, improvement and use of the park in accordance with

section 12 (3) will not be hindered by it. (9) A natural resource in a conservancy must not be granted, sold, removed, destroyed, disturbed, damaged or exploited unless, in the opinion of the minister, the development, improvement and use of the conservancy in accordance with

section 5 (3.1) will not be hindered by it. (10) A park use permit must not be issued to authorize the following activities in a conservancy:
(c) hydro electric power generation, other than local run-of-the-river projects;
(d) any other activity unless, in the opinion of the minister, the activity will not restrict, prevent or inhibit the development, improvement or use of the conservancy in accordance with

section 5 (3.1). "commercial logging" means harvesting timber for the primary purpose of selling or trading the timber;
"local run-of-the-river projects", in relation to a conservancy, means run-of-the-river projects supplying power for use only
(b) by communities, including first nation communities, that do not otherwise have access to hydro electric power. 9.1 Nothing in

section 8 (2) or 9 (2) prevents the issuance of a park use permit for an activity related to resort or tourism development if, in the minister's opinion, the activity and the development are consistent with or complementary to the recreational values of the park involved. 9.2 Nothing in

section 8 (2) or 9 (2) or (7) prevents the issuance of a park use permit for an activity related to film production, including commercial film production, if, in the minister's opinion, the activity is not detrimental to the recreational values of the park involved.

"environmental assessment" means an assessment under the Environmental Assessment Act or an environmental assessment under the Canadian Environmental Assessment Act, 2012;
"feasibility study" means a study of the feasibility, including, without limitation, the feasibility of the location, design, construction, use, maintenance, improvement or deactivation, of one or more of the following:
(d) a telecommunications project;
(e) a prescribed project or a project in a prescribed class of projects;
(f) a structure, improvement or work related to a project described in any of paragraphs (a) to (e);
"protected area" means a park or a conservancy;
"purpose" means,
(i) the preservation of the park's natural environment for the inspiration, use and enjoyment of the public, and
(ii) if a category is specified for the park under

section 12 (1), the purpose associated with the category, and
(b) in relation to a conservancy, the purposes specified in

section 8 (2) or (4) or 9 (2), (4), (7), (9) or (10) (d) prevents the issuance of a park use permit for an activity related to research in a protected area if, in the opinion of the minister,
(a) to do so is consistent with the purpose of the protected area,
(b) the research relates to the improvement of public health or safety,
(c) the research relates to an environmental assessment or a feasibility study, or
(d) the research will inform a decision of the Lieutenant Governor in Council or the Legislature in relation to the boundaries of the protected area. 10 (1) Every Class C park must be under the jurisdiction of a separate park board appointed by the minister.

(2) A park board consists of not less than 3 and not more than 7 members and, on appointment of its members, is a corporation. (3) A park board must conduct its proceedings and manage, administer, regulate and control the park under its jurisdiction in accordance with this Act and the regulations.

11 (1) For the purpose of establishing or enlarging any park, conservancy or recreation area, the minister, on behalf of the government, with the approval of the Lieutenant Governor in Council, may do one or more of the following:
(a) purchase or otherwise acquire, accept and take possession of land, improvements on land, timber, timber rights and other rights;
(b) grant, convey or transfer to any person, in exchange for land, improvements, or timber acquired under paragraph (a), other land, timber or rights of the government.

(2) For the purpose of establishing or enlarging a park, conservancy or recreation area, the minister may expropriate
(b) rights under a lease, as defined in the Mineral Tenure Act, of the recorded holder of the lease,
(c) rights under a claim, as defined in the Mineral Tenure Act, of the recorded holder of the claim,
(d) rights under a Crown granted 2 post claim of its owner, as defined in the Mineral Tenure Act,
(e) rights under a lease, as defined in the Coal Act, of the lessee under the lease,
(f) rights under a licence, as defined in the Coal Act, of the licensee, or
(g) a road or improvement, or rights in relation to a road or improvement, if
(A) the road is authorized under a road permit, or
(B) the road is authorized, for a timber production purpose, under a special use permit,
(ii) in the case of an improvement, the improvement is authorized, for a timber production purpose, under a special use permit, and
(iii) the road or improvement is on Crown land referred to in subsection (2.3).

(2.1) An expropriation under subsection (2) (g) is effective on the date the park, conservancy or recreation area to which it relates is established or enlarged. (2.2) The holder of a right expropriated under subsection (2) is entitled to compensation
(a) in relation to a right referred to in subsection (2) (b), (c) or (d), in accordance with

section 17.1 of the Mineral Tenure Act,
(b) in relation to a right referred to in subsection (2) (e) or (f), in accordance with

section 4 of the Coal Act, and
(2.21) If a road or improvement authorized under a road permit or special use permit is expropriated under subsection (2) (g), or if rights under the permit in relation to the road or improvement are expropriated under that subsection, the permit holder's entitlement to or eligibility for compensation and the compensation, if any, payable are to be determined under Part 18 of the Forest Act.

(2.3) If the establishment or enlargement of a park, conservancy or recreation area requires Crown land in any of the following areas, the portion of the Crown land required is deleted from the area effective on the date the park, conservancy or recreation area is established:
(b) the licence area of a non-TFL timber licence entered into under the Forest Act;
(c) the licence area of an area-based licence entered into under the Forest Act. (2.4) If the holder of a forest tenure is affected by a deletion under subsection (2.3), the forest tenure holder's entitlement to or eligibility for compensation and the amount of compensation, if any, payable are to be determined under Part 18 of the Forest Act.

"area-based licence" has the same meaning as in the Forest Act;
"Crown granted 2 post claim" has the same meaning as in the Mineral Tenure Act;
"forest tenure" means any of the following licences or permits entered into under the Forest Act:
(c) a non-TFL timber licence within the meaning of

section 180 of that Act;
(d) a forestry licence to cut;
"licence area" has the same meaning as in the Forest Act;
"non-TFL timber licence" has the same meaning as in

section 180 of the Forest Act;
"road permit" means a road permit issued under

section 115 of the Forest Act;
"special use permit" means a special use permit referred to in

section 2 of the Forest Practices Code of British Columbia Act;
"timber production purpose" has the same meaning as in

"timber supply area" has the same meaning as in the Forest Act.

12 (1) The minister may specify a park to be in one of the following categories:
(a) category 1, if the main purpose of the park is the preservation of its particular atmosphere, environment or ecology;
(b) category 2, if the main purpose of the park is the preservation and presentation to the public of specific features of scientific, historic or scenic nature;
(c) category 3, if the main purpose of the park is to offer enjoyment, convenience and comfort to the travelling public;
(d) category 4, if the main purpose of the park is to offer recreational opportunity to the public of a particular community or area;
(e) category 5, if the main purpose of the park is to offer opportunities to participate in a specific recreational activity;
(f) category 6, if the park has 2 or more purposes.

(2) The development and improvement of a park must be
(a) if the park is in category 1, directed toward and limited to that necessary to the preservation, for public enjoyment, of the atmosphere, environment and ecology of the park,
(b) if the park is in category 2, directed toward and limited to that necessary to the preservation, for public enjoyment, of the scientific, historic or scenic features of the park that are specified or described by the minister,
(c) if the park is in category 3, directed toward and limited to those necessary to the beautification of the park and the provision of facilities necessary to the enjoyment, convenience and comfort of the travelling public,
(d) if the park is in category 4, directed toward the provision of recreational opportunities for the community or communities specified or described by the minister,
(e) if the park is in category 5, directed toward and limited to those necessary to the adaptation of the park to a single special use designated by the minister, and
(f) if the park is in category 6, directed and limited in accordance with a zoning plan, which must be prepared by the director, allocating various lands of a single park to 2 or more of the purposes enumerated in subsection (1).

(3) A person must not carry on, in any park, any activity that will restrict, prevent or inhibit the use of the park for its designated purpose. 13 A person must not construct, install, erect or place any structure, improvement or work of any nature in a park, conservancy or recreation area, except under the authority of a valid and subsisting park use permit or resource use permit. 14 A person must not transport any garbage, refuse or domestic or industrial waste through, over, in or on any park, conservancy or recreation area or deposit any of that material in or on any park, conservancy or recreation area, except as may be authorized by a valid and subsisting park use permit or resource use permit.

15 All timber cut on or removed from any park, conservancy or recreation area must be disposed of in accordance with the Forest Act.

16 Except as may be authorized by a valid and subsisting park use permit or resource use permit, a person must not do any of the following:
(a) use or occupy land in a park, conservancy or recreation area for a log storage area, mill site, road, right of way, disposal area for tailings or waste or any other industrial purpose;
(b) obtain any surface right or right to the use or occupancy of the surface of any land in a park, conservancy or recreation area;
(c) exercise in a park, conservancy or recreation area any right under the Mineral Tenure Act, the Coal Act or the Petroleum and Natural Gas Act;
(d) flood any part of a park, conservancy or recreation area, or impound, divert or distribute water in a park, conservancy or recreation area;
(e) establish or carry on any work or improvement or any commercial or industrial activity or enterprise in a park, conservancy or recreation area.

17 A director or any park officer acting on the director's behalf may do one or more of the following:
(a) enter on and inspect any land, road, structure or work in a park, conservancy or recreation area;
(b) order the repair, alteration, improvement, evacuation or removal of or addition to a structure or work in a park, conservancy or recreation area;
(c) order any person in any park, conservancy or recreation area to cease or refrain from an action, an omission or conduct that the director or park officer, in the director's or park officer's discretion, considers dangerous to life or property or detrimental to the public interest;
(d) require any person in any park, conservancy or recreation area to inform the director or officer of
(i) the person's name, address and occupation,
(ii) any fact or intention relating to the person's use of the park, conservancy or recreation area, and
(iii) the person's conduct and activities in the park, conservancy or recreation area.

section 17 is not carried out or is only partially or imperfectly carried out,
(a) a director may authorize any person to carry out or complete the carrying out of the order,
(b) the expense to the government of carrying out or completing the carrying out of the order is a debt owing to the government by the person to whom the order was first given or directed, recoverable at the suit of the government in any court of competent jurisdiction, and
(c) the certificate of a director is proof in the absence of evidence to the contrary of the indebtedness and the amount of the debt.

(a) acquire any right or title to or interest in
(i) any natural resource removed, disturbed, destroyed, damaged or exploited in contravention of this Act, or
(ii) any structure, improvement or work constructed, installed, erected or placed in a park, conservancy or recreation area in contravention of this Act, or
(b) acquire any lien on or in respect of, or any claim against any person or the government in respect of any work or expenditure done or incurred in connection with a natural resource, structure, improvement or work referred to in paragraph (a) (i) or (ii).

(2) The minister or an authorized representative of the minister may seize any natural resource, structure, improvement or work referred to in subsection (1) and sell or otherwise dispose of it for the sole benefit of the government. 20 (1) Subject to this Act and only on receiving the prescribed application and administration fees, the minister may issue a permit, on the terms and conditions the minister may specify, authorizing a person to do anything for which a permit is required under this Act. (2) The minister may issue a permit under subsection (1) on receiving an application and with or without a public competition.

(3) The minister may require that, before a public competition is held in respect of the issuance of a permit or a decision is made whether to issue a permit, the public be provided with an opportunity to review details and provide comments to the minister in respect of the proposed permit. (3.1) If the minister requires public consultation under subsection (3), the minister must publish in the prescribed manner details respecting the proposed permit, the period during which the minister will accept comments from the public and the address to which comments should be sent.

(3.2) The terms and conditions specified in a permit issued under subsection (1) must include
(a) the amounts, or a method for calculating the amounts, other than prescribed fees, payable in respect of the permit, and
(b) when the amounts referred to in paragraph (a) must be paid. (3.3) The minister, in a permit, may waive payment of amounts referred to in subsection (3.2). (5) An application for a permit must be made in the form and manner approved by the minister. (6) Before issuing a permit under this Act, the minister may require that the permit be signed by the person to whom the permit is proposed to be issued.

20.1 Despite anything in this Act, the minister may issue a park use permit to a person for the construction, use or maintenance of a road in a conservancy if
(a) the conservancy is named and described in Schedule F of the Protected Areas of British Columbia Act, and
(b) the road is for the purpose of providing access to natural resources lying beyond the conservancy. 21 A permit may not be issued under

section 20 to authorize the removal, destruction, disturbance, damage or exploitation of any natural resource or any work, occupancy, undertaking or activity incidental to it unless
(a) the person to whom the permit is proposed to be issued makes an application for the permit in accordance with

section 20 (5), and
(b) the application is accompanied by a written undertaking, executed by the person to whom the permit is proposed to be issued, to pay to the government, in addition to any other sums that may be or become payable under any other Act,
(i) the cost incurred by the government in surveying, cruising, examining and inspecting the area to be affected, and
22 Before issuing a park use permit or resource use permit, the minister or the minister's authorized agent may require the person to whom it is intended to issue the permit to pay to the government a sum that the minister or that agent considers sufficient to defray the cost of the restoration or repair of the park, conservancy or recreation area concerned necessitated by the use authorized by the permit.

23 A park use permit or resource use permit is not transferable except with the approval of the minister and subject to conditions the minister may determine. 24 Every right, title and interest in any structure, improvement or installation in a park, conservancy or recreation area belongs to the government except as otherwise provided by a park use permit or resource use permit. 25 A person or party must not be permitted to acquire any property right in any park, conservancy or recreation area except under a park use permit or resource use permit as provided for in regulations.

26 Lawful occupiers of improvements that are the property of the government in a park, conservancy or recreation area are exempt from taxes under any Act of British Columbia in respect of the improvements. 27 (1) The minister, on behalf of the government, may accept gifts or bequests of money or other property for purposes of parks, conservancies, recreation areas, ecological reserves or areas protected under the Environment and Land Use Act and administered by the minister. (2) Funds accepted under subsection (1) must be used at the direction of the minister in accordance with the terms of the gift or bequest. (3) Subject to the terms of a gift or bequest under subsection (1), the minister may dispose of property, other than land, accepted under that subsection.

27.1 (1) After providing a person with an opportunity to be heard, the minister may, in accordance with the regulations, impose an administrative penalty on the person if the minister is satisfied, on a balance of probabilities, that the person has
(a) contravened a prescribed provision of this Act or the regulations,
(b) failed to comply with a term or condition of a permit issued under this Act, other than a permit issued by a park board, or
(c) failed to wholly or perfectly comply with an order under

section 17 or 33 (6). (2) An administrative penalty imposed under this section must be paid to the government within the prescribed time and in accordance with any other prescribed requirements. (3) If, under this section, the minister imposes an administrative penalty on a person, a prosecution for an offence under this Act in respect of the same contravention may not be brought against the person.

(4) If a corporation contravenes a prescribed provision of the regulations or fails to comply with a term or condition of a permit or with an order, as described in subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention or failure is liable for an administrative penalty under this section even if the corporation is liable for or pays an administrative penalty. (5) All revenue the government derives from administrative penalties imposed under this section must be paid into the Park Enhancement Fund special account established by

section 9.6 (2) of the Special Accounts Appropriation and Control Act. 27.2 (1) Before the date an administrative penalty under

section 27.1 is due, the minister may, in accordance with the regulations, enter into an agreement with the person who is liable for the administrative penalty. (2) An agreement under subsection (1) may provide, in accordance with the regulations, for the reduction or cancellation of the administrative penalty subject to the terms and conditions the minister considers necessary or desirable. (3) An agreement under subsection (1) must specify the time for performing any terms and conditions and, if the person fails to perform the terms and conditions by the date specified, the administrative penalty imposed under

section 27.1 is due and payable on that date. 27.3 (1) An administrative penalty under

section 27.1 may be recovered as a debt due to the government. (2) If a person fails to pay an administrative penalty as required under

section 27.1, the minister may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed. (3) A certificate under subsection (2) must be signed by the minister and must contain the following information:
(a) the name of the person who is liable for the administrative penalty;
27.4 (1) In this section, "appeal board" means the Environmental Appeal Board continued under

section 93 of the Environmental Management Act. (2) A person who is liable for an administrative penalty under

section 27.1 may appeal the following decisions under this Act to the appeal board:
(a) a decision of the minister, under

section 27.1 (1), to impose the administrative penalty on the person;
(b) a decision of the minister, under

section 27.2 (3), that the person failed to perform a term or condition of an agreement under section 27.2 (1). (3) The following provisions of the Environmental Management Act apply in relation to an appeal under this section:
(a)

section 103 [powers of appeal board in deciding appeal]. 28 (1) A person who contravenes any provision of this Act commits an offence and is liable to a fine of up to $1 000 000 or a term of imprisonment of not more than one year or both. (2) A person who contravenes a regulation commits an offence and is liable to a fine of up to $200 000. (3) When a contravention of the Act or regulations continues for more than one day, the person is guilty of a separate offence for each day on which the contravention continues. (4)

Section 5 of the Offence Act does not apply to this Act or the regulations. (4.1) A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge. (5) The time limit for laying an information for an offence under this Act is
(a) 3 years after the date that the facts on which the information is based arose, or
(b) if the minister issues a certificate described in subsection (6), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.

(6) A certificate purporting to have been issued by the minister, certifying the date that the facts on which the information is based first came to the knowledge of the minister,
(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and
29 (1) In this section, "park" includes any land, trail, path or waterway comprised in an order under

section 6 (1). (2) The Lieutenant Governor in Council may make regulations referred to in

(3) Without limiting subsection (2), the Lieutenant Governor in Council may make regulations as follows:
(a) for the administration, management, control, protection and development of a park, conservancy or recreation area and the natural resources in a park, conservancy or recreation area;
(b) respecting the protection of fauna, flora, soil, waters, fossils, natural features, air quality and cultural heritage resources in a park, conservancy or recreation area;
(c) prohibiting or regulating and controlling, in a park, conservancy or recreation area, any of the following:
(i) the possession or discharge of an explosive or of a firearm, bow, crossbow or any other weapon;
(ii) killing, hunting, trapping, angling for, or otherwise taking or disturbing, any animal, fish or bird, or the animals, fish and birds specified in the regulations, including, without limitation,
(A) setting the number, age and sex of specified animals, fish and birds that may be taken by a person within any specified period in the park, conservancy or recreation area,
(B) designating the period during which any animal, fish or bird may be hunted, angled for or taken in the park, conservancy or recreation area, and
(C) requiring a special licence under another enactment, a park use permit or a resource use permit to hunt, trap, angle for or otherwise take any animal, fish or bird in the park, conservancy or recreation area;
(iii) guiding or the offering of guiding services;
(iv) the presence of pets, domestic animals, draft or riding animals or any other specified animals;
(v) access to the park, conservancy or recreation area, including, without limitation, access by air;
(vi) persons and their activities or use of facilities in the park, conservancy or recreation area, including, without limitation,
(A) prohibiting or regulating and controlling guiding activities or sports and leisure activities, camping or the lighting, fuelling or making use of fires,
(B) prohibiting or regulating and controlling the actions, activities, conduct and behaviour of any person, or any person for whom another person is made responsible under the regulations, and
(C) regulating and controlling groups and the number of persons permitted to use facilities in, or to travel through, the park, conservancy or recreation area;
(vii) the exploitation, development, extraction or use of natural resources on or in the park, conservancy or recreation area;
(viii) vehicular traffic, parking, speed and operation, including, without limitation, the use or presence of any vehicle on any road, highway, trail or elsewhere in the park, conservancy or recreation area and providing for the towing and impoundment of vehicles in contravention of the regulations;
(d) respecting the powers, responsibilities and duties of a park officer or park ranger in managing a park, conservancy or recreation area and in enforcing the laws that apply to, and in respect of, a park, conservancy or recreation area, and prescribing enactments for the purposes of

section 4 (3) (b);
(e) respecting the design, construction or modification of, and the posting of signs on, in or around, a park, conservancy or recreation area and related facilities and premises;
(f) establishing fees payable to the government for a park use permit or resource use permit, including application fees and fees for processing and administering the permits;
(h) providing for the collection of the fees established by regulation under paragraph (f) or the fees, rates or charges established by regulation or directive under

section 29.2;
(h.1) prescribing projects or classes of projects for the purposes of the definition of "feasibility study" in

section 9.3 (1);
(j) restricting the application of the Wildlife Act in parks, conservancies and recreation areas;
(k) respecting the conduct of proceedings of park boards for Class C parks and for the management, administration, regulation and control of Class C parks by those boards. (4) A regulation under subsection (3) may be made in relation to one or more parks, conservancies or recreation areas or a class of parks, conservancies or recreation areas or be made specific to a particular portion of one or more parks, conservancies or recreation areas. (5) A regulation under subsection (3) may prescribe different fees, rates or charges for different classes of persons and may exempt different classes of persons from paying one or more of the fees, rates or charges.

section 29, the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing provisions of the regulations in relation to the contravention of which an administrative penalty may be imposed;
(b) prescribing, in relation to a contravention or failure referred to in

section 27.1 (1) [administrative penalties], whether an administrative penalty must be cancelled if the person on whom it was imposed demonstrates to the satisfaction of the minister that the person exercised due diligence to prevent the specified contravention or failure;
(c) prescribing a limitation period for imposing an administrative penalty and evidentiary matters in relation to that period;
(d) establishing procedures to be applied by the minister in relation to the imposition of an administrative penalty;
(e) establishing procedures for providing an opportunity to be heard, including procedures for opportunities that do not involve an oral hearing;
(f) prescribing a schedule of administrative penalties that may be imposed and the matters that must be considered by the minister in establishing an administrative penalty in a particular case;
(g) establishing the required content of notices related to administrative penalties;
(h) authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures;
(i) respecting time limits, and the manner and process, for paying administrative penalties;
(j) prescribing the consequences for failing to pay an administrative penalty, which may include, but are not limited to, imposing additional administrative penalties under

section 27.1;
(k) providing for the publication of information respecting the imposition of an administrative penalty;
(l) respecting agreements under

section 27.2 [compliance agreements]. (a) sell or otherwise dispose of to the public, or authorize a person or organization to sell or otherwise dispose of to the public, maps, informational material, services or promotional or educational products, related to parks, conservancies, recreation areas, ecological reserves or areas protected under the Environment and Land Use Act and administered by the minister,
(b) sell products referred to in paragraph (a) to a person for resale or other disposition,
(c) sell or otherwise dispose of advertising space in those products, and
(d) establish the prices at which those products and services, and that advertising space, may be sold or otherwise disposed of.

(2) The minister may establish different prices for different classes of services or products, including advertising space, for different types of dispositions or for disposition to different classes of persons.

29.2 (1) With the prior approval of the Treasury Board, the minister may make regulations prescribing a fee, rate or charge, or a range of fees, rates or charges, payable to the government or to another person for
(a) the use of a park, conservancy or recreation area,
(b) the use of a natural resource or facility, including without limitation any land, campsite, road, parking facility, structure, work, installation or other improvement, in a park, conservancy or recreation area, or
(c) a service provided by the government or another person in a park, conservancy or recreation area,
other than for a use that under this Act must be authorized by a park use permit or resource use permit.

(2) If the minister prescribes a range under subsection (1), the minister may establish by directive a fee, rate or charge for a use or service within the range prescribed for the use or service under subsection (1). (3) Regulations under subsection (1) and fees, rates and charges established under subsection (2) may be different
(a) for different uses and services or classes of uses and services,
(b) for different parks, conservancies and recreation areas, parts of parks, conservancies and recreation areas or classes of parks, conservancies and recreation areas, and
(c) for different classes of persons.

(4) Regulations under subsection (1) may
(a) exempt different classes of persons from paying all or a portion of a fee, rate or charge, or a fee, rate or charge within a range, prescribed under that subsection, and
(b) for the purposes of exemptions under paragraph (a), confer a discretion on a park officer.

(5) The minister must make available to the public a schedule of fees prescribed or established under this section
"establishment date" means the date on which a Schedule D park was established
(b) as a park by the Protected Areas of British Columbia Act, or
(c) as a park or protected area under the Environment and Land Use Act
whichever is earlier;
"range tenure" means a grazing licence, grazing permit, hay cutting licence or hay cutting permit issued under the Range Act;
"Schedule D park" means a park referenced in Schedule D of the Protected Areas of British Columbia Act. (2) This section applies despite any other provision of this Act.

(3) The minister may issue park use permits authorizing persons who, on the establishment date for a Schedule D park, hold
(a) a permit or other authorization under an enactment, or
(b) a lien, charge or encumbrance
with respect to the Schedule D park to continue to do anything that the persons were authorized to do by the permit or other authorization or by the lien, charge or encumbrance, other than commercial logging, mining or hydro electric development. (4) The minister may renew, cancel, amend or approve the transfer of a park use permit issued under subsection (3).

(5) With respect to a Schedule D park,
(i) was issued under the Range Act with respect to the Schedule D park, and
(ii) was in effect on the establishment date for the Schedule D park,
continues as the applicable form of range tenure, and must be administered and managed in accordance with the Range Act and the Forest and Range Practices Act,
(b) new range tenures may be issued under the Range Act with respect to the Schedule D park, subject to the limits established by subsection (6), and
(c) range tenures under paragraph (a) or (b) may be transferred, renewed, replaced, suspended, cancelled, amended, consolidated, partitioned and subdivided in accordance with the Range Act and the Forest and Range Practices Act.

(6) The maximum number of animal unit months, as defined in the Range Act, that may be authorized for a Schedule D park by range tenures under subsection (5) is the number of animal unit months authorized for the area of the Schedule D park on the establishment date for the Schedule D park. (7) This section applies retroactively in relation to a Schedule D park to the extent necessary to give it effect on and after the establishment date for the park.

31 (1) A park use permit issued before the coming into force of the relevant provisions of the Park Amendment Act, 1995 is conclusively deemed to have been validly issued in compliance with this Act as it read on the date on which the permit was issued. (2) Despite this Act, the minister may renew, cancel, amend or transfer a park use permit issued under subsection (1). (3) Subsection (1) is retroactive to the extent necessary to give it full force and effect. 31.1 (1) Despite

section 9 (10) (d), the minister may issue a park use permit authorizing a person who, on the establishment date for a conservancy, holds
(a) a permit, or other authorization, under an enactment, or
with respect to the conservancy, to continue to do anything that the person was authorized to do by the permit or other authorization or by the lien, charge or encumbrance, other than activities described in

section 9 (10) (a) to (c). (2) The minister may renew, cancel, amend or approve the transfer of a park use permit issued under subsection (1). 33 (1) Despite anything in this Act but subject to this section, a drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act or a permit under the Energy Resource Activities Act may be issued or granted to a person for purposes of exploration for, or development or production of, petroleum or natural gas in or from the subsurface of land within a park, conservancy or recreation area.

(2) A person to whom a drilling licence, permit, lease or other right referred to in subsection (1) is issued or granted need not obtain a park use permit or resource use permit from the minister under this Act for the exploration, development, production or other activities so authorized or permitted. (3) A drilling licence, permit, lease or other right referred to in subsection (1) may be issued or granted only if the proposed drilling licence, permit, lease or other right
(a) does not permit, authorize or allow entry on or occupation, use or disturbance of the surface of land within the park, conservancy or recreation area, and
(b) does not grant any surface rights to land within the park, conservancy or recreation area.

(4) If a drilling licence, permit, lease or other right referred to in subsection (1) conflicts or is inconsistent with subsection (3) (a) or (b), the drilling licence, permit, lease or other right is void to the extent of the conflict or inconsistency.

(5) A person to whom a drilling licence, permit, lease or other right is issued or granted in accordance with this section
(a) must not enter on or occupy, use or disturb the surface of the land within the park, conservancy or recreation area for purposes of any authorized or permitted exploration for, or development or production of, petroleum or natural gas,
(b) must not authorize, direct or permit any other person to enter on or occupy, use or disturb the surface of the land within the park, conservancy or recreation area for purposes described in paragraph (a), and
(c) must comply with all other terms and conditions imposed in the drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act or the Energy Resource Activities Act.

(6) If the person referred to in subsection (5), or any other person acting on behalf of that person, contravenes subsection (5) (a) or (b), the minister may order either or both persons
(a) to cease or refrain from any or all exploration for, and development and production of, petroleum and natural gas in or from the park, conservancy or recreation area,
(b) to restore the surface of the land that is affected by the contravention within the park, conservancy or recreation area to a condition satisfactory to the minister,
(c) to do or refrain from doing anything else the minister considers necessary to restore, or to prevent further damage or harm to, the park, conservancy or recreation area or the natural resources of the park, conservancy or recreation area, and
(d) to pay to the government an amount of money as compensation for the cost of any remedial or preventative action taken by, or caused to be taken on behalf of, the government as a result of the contravention.

(7) A person to whom an order is directed under subsection (6) must comply with the order. (8) If an order of the minister under subsection (6) is not carried out or is imperfectly or only partially carried out,
(a) the minister may have the order otherwise carried out to completion, and
(b) the expense to the government of carrying out the order to completion is a debt owing to the government by the person to whom the order was first directed, and is recoverable as such in a court of competent jurisdiction. (9) A certificate of the minister in respect of the expense referred to in subsection (8) (b) is proof of the indebtedness and the amount of the debt.

34 A nature conservancy area existing on the date this section comes into force is continued as a designated wildland area. [Schedules A to F repealed 2000-17-18.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 146 (1);
"boundary" means a location's surface boundary and its vertical extension;
"certificate of restoration" means a certificate of restoration issued by the regulator under

section 41 of the Energy Resource Activities Act;
"Crown land" means ungranted Crown or public land that belongs to the government, whether or not any water flows over or covers it;
"Crown reserve" means petroleum and natural gas reserved to the government under

section 70;
"cubic metre" means a cubic metre of a substance measured at 101.325 kPa and 15°C;
"director" means an officer or employee of the ministry who is designated as the Director of Petroleum Lands by the minister;
"division" means the Energy Resources Division of the ministry;
"division head" means the assistant deputy minister designated in writing by the minister as having charge of the division;
"field" means
(a) the surface area underlaid or appearing to be underlaid by one or more pools, and
(b) the subsurface regions vertically beneath that surface area;
"freehold land" means land, including land comprising a right of way, station ground, yard or terminal of a railway but not including Crown land, in respect of which
(a) petroleum and natural gas is, or may be, situated, or
(b) a person has the right to work, win or carry away petroleum or natural gas;
"gas well" means a well in which casing is run and that, in the opinion of the regulator, is producing or is capable of producing from a natural gas bearing zone;
"geophysical exploration" means investigation of the subsurface by seismic, gravimetric, magnetic, electric and geochemical operations and by any other method approved by the regulator, but does not include the use of geophysical well logs, vertical seismic profile surveys or other surveys obtained from a well;
"holder of a location" means, in accordance with the context, a permittee, licensee or lessee;
"interest" means an undivided interest in a location;
"lease" means a subsisting lease issued under this Act;
"lessee" means a person in whose name a lease is recorded in the division records;
"licence" means, in accordance with the context, a drilling licence or a licence under

section 126 (3) or 130 (3);
"licensee" means a person in whose name a licence is recorded in the division records;
"location" means the land described in a permit, licence or lease;
"natural gas" means
(a) all fluid hydrocarbons, before and after processing, that are not defined as petroleum, and
(b) any of the following that is produced from a well:
"officer of the division" means a person employed in the division and authorized by the division head to give an approval under this Act;
"oil and gas or storage activity" has the same meaning as in

section 1 (2) of the Energy Resource Activities Act;
"oil sand" means sand or other petroliferous substance from which oil sand products can be produced and includes any other substance defined by the Lieutenant Governor in Council as oil sand;
"oil sand products" or "oil shale products" means petroleum or natural gas and all other minerals and substances that can be produced from oil sand or oil shale in association with the production of petroleum or natural gas;
"oil shale" means shale or other petroliferous substance from which oil shale products can be produced and includes any other substance defined by the Lieutenant Governor in Council as oil shale;
"orphan site" has the same meaning as in

section 44 of the Energy Resource Activities Act;
"owner" means, except in Part 17,
(a) the government for land so owned,
(b) a person registered in the land title office as the registered owner of the land surface or as its purchaser under an agreement for sale, and
(c) a person to whom a disposition of Crown land has been issued under the Land Act,
and, in relation to a well, includes a person entitled to produce and dispose of petroleum or natural gas from the well;
"permit" means a subsisting exploration permit issued under this Act;
"permittee" means the person in whose name an exploration permit is recorded in the division records;
"petroleum" means crude petroleum and all other hydrocarbons, regardless of gravity, that are or can be recovered in liquid form from a pool through a well by ordinary production methods or that are or can be recovered from oil sand or oil shale;
"petroleum well" means a well in which casing is run and that, in the opinion of the regulator, is producing or is capable of producing from a petroleum bearing zone;
"pipeline" has the same meaning as in

"pool" means an underground reservoir containing an accumulation of petroleum or natural gas, or both, separated or apparently separated from another reservoir or accumulation;
"production" means the flowing of petroleum fluid, natural gas or brine from a well to the surface for the purpose of sale or trade but does not include the flowing of petroleum fluids, natural gas or brine from a well to the surface for the purpose of evaluation of the fluid or formation properties if the petroleum fluid, natural gas or brine is not gathered and stored or shipped for sale or trade;
"recycling" means the injection and subsequent production of natural gas in a field or pool, if petroleum recovery from the natural gas is the primary mode of liquid hydrocarbon production from the field or pool;
"regulator" has the same meaning as in the Energy Resource Activities Act;
Energy Resource Activities Act;
has the same meaning as in the"restricted land" means any of the following:
(a) Crown land that is used or occupied by or on behalf of the government;
(b) land granted by the government to a railway company under an Act that is used or occupied by or on behalf of the railway company;
(c) Crown land to which access is restricted or prohibited under another Act;
"royalty" means a royalty reserved under

section 73 (1) and required to be paid by a regulation under section 73 (2) or an agreement under section 78 or 78.1;
"spacing area" means an area of the land surface or subsurface as prescribed by regulation;
"storage reservoir" means an underground reservoir that is capable of being used for the introduction, disposal, storage or recovery of petroleum, natural gas, carbon dioxide, water produced in relation to the production of petroleum or natural gas, waste or any other prescribed substance;
"storage reservoir licence" means a licence under

section 130 (3);
"storage well" means a well in which casing is run and that, in the opinion of the commission, is used or is capable of being used to dispose of or recover, into or from a storage reservoir,
(c) water produced in relation to the production of petroleum or natural gas,
(e) any other prescribed substance;
"unitized operation" means
(a) the development or production of petroleum and natural gas, the implementation of a program for the conservation of petroleum and natural gas, or the coordinated management of interests in them, or
(b) the development and use of a storage reservoir
in, on or under a location, part of a location or a number of locations combined for that purpose under a unitization agreement under this Act;
"unoccupied Crown land" means Crown land, other than restricted land,
(a) in respect of which there has been no disposition of an interest in the surface of the land under the Land Act, or
(ii) a licence under

section 39 of the Land Act
under which a person is granted
(iii) non-intensive occupation or use of the land, or
(iv) occupation and use of an extensive area of Crown land for commercial recreational purposes;
"waste" in addition to its ordinary meaning, means waste as that term is understood in the petroleum and natural gas industry, and includes wasteful operations and the underground or surface loss of potentially recoverable petroleum or natural gas;
"water source well" means a hole in the ground drilled to obtain water for the purpose of injecting water into an underground formation in connection with the production of petroleum or natural gas;
"well" means a hole in the ground
(a) made or being made by drilling, boring or any other method to obtain petroleum or natural gas,
(b) made or being made by drilling, boring or any other method to explore for, develop or use a storage reservoir for the storage or disposal of petroleum, natural gas, carbon dioxide, water produced in relation to the production of petroleum or natural gas, waste or any other prescribed substance,
(c) used, drilled or being drilled to inject natural gas, water produced in relation to the production of petroleum or natural gas or other substances into an underground formation in connection with the production of petroleum or natural gas,
(d) used to dispose of petroleum, natural gas, water produced in relation to the production of petroleum or natural gas, waste or any other prescribed substance into a storage reservoir, or
(e) used, drilled or being drilled to obtain geological or geophysical information respecting petroleum or natural gas,
and includes a water source well;
"zone" means a stratum or strata designated by the regulator as a zone generally or for a designated area or a specific well, or a stratum or strata designated by the director for the purposes of the administration of petroleum and natural gas rights or storage and disposal rights.

3 (1) The minister may, with the approval of the Lieutenant Governor in Council, authorize the spending of money appropriated by statute to construct, reconstruct or repair trails, roads and bridges to facilitate exploration, development or production of petroleum or natural gas, or both. 4 (1) An employee of the ministry authorized by the minister may enter a location to examine and inspect for the purposes of this Act. (2) A person must admit to a location an employee of the ministry, authorized under subsection (1), to examine or inspect, and must provide that employee with the means and assistance necessary for the purpose.

5 (1) A member of the ministry must not have a monetary interest of any description, directly or indirectly, in any petroleum or natural gas property in British Columbia or in any business engaged in any phase of the petroleum and natural gas industry carried on in British Columbia. (2) A person continuously employed by the ministry must not, directly or indirectly, have a monetary interest of a kind described in subsection (1) other than shares of a company that are regularly quoted and dealt in on a recognized stock exchange.

(a) delegate the exercise of any power or performance of any duty conferred or imposed on the director under this Act to an employee of the ministry of the minister, and
(b) provide, in making a delegation, directions that are binding on the delegate respecting the exercise of the power or the performance of the duty. (2) A delegation under subsection (1) may be made by name or by designation of the office. Division 2 — Rights, Issue, Fees, Rental
38 (1) Subject to subsection (2), the holder of a permit has the exclusive right to apply under the Energy Resource Activities Act to do exploratory drilling for petroleum or natural gas, or both, owned by the government and within the boundaries of the location of the permit.

(2) The issue or existence of a permit does not prohibit a person other than the holder of the permit from carrying out geological work or geophysical exploration in accordance with the Energy Resource Activities Act. 39 An application for a permit must be made in writing in the form prescribed, to the director at Victoria, accompanied by the prescribed fee and rental. 40 (1) A permittee must pay a rent prescribed by the Lieutenant Governor in Council for the permit and renewal of the permit, and the rent may be different for different classes of permits and for different years while the permit or renewal of the permit is in force.

(2) The Lieutenant Governor in Council may prescribe fees for obtaining a permit or renewal of a permit. 41 (1) The minister may issue or refuse to issue a permit, whether or not the requirements of this Act have been complied with, and the minister's refusal is final. (2) If the minister refuses to issue a permit under this section, the fees that accompanied the application for it may, and the rental that accompanied the application must, be refunded to the applicant. Division 3 — Drilling Restrictions and Work Requirements
42 (1) The director must classify each permit, when it is issued, as a Class A, Class B, Class C or Class D permit.

(2) The director must, in classifying each permit, have regard for the comparative accessibility of the location for which the permit is to be issued, and the terrain of the location as it is likely to affect exploration for petroleum and natural gas. (3) A permit must not be classified as a Class D permit unless not less than 3/4 of the area of the location is continually covered by water. (4) An appeal lies to the minister from a classification by the director, and the minister may confirm the classification or give the permit a different classification. (5) A confirmation or classification by the minister under this section is final.

43 (1) The Lieutenant Governor in Council may prescribe that permittees must do or cause to be done, subject to the Energy Resource Activities Act, work consisting of geological work, geophysical exploration or exploratory drilling, and may make regulations respecting
(a) the approval, performance and recording of that work, or
(b) the performance of other work in place of that work. (2) The regulations may prescribe the monetary value of the work, and that value may be different for different classes of permits and for different years while the permit or renewal of the permit is in force.

44 (1) A permittee who has not done or caused to be done the work required by the regulations may have the permittee's permit renewed as if the permittee had done the work if the permittee
(a) pays to the director an amount equal to the value of the work not done, or
(b) submits to the director a written undertaking to do the work not done together with the work required to be done for the next year, together with a deposit of money or securities, or both, equal to the value of the work not done and satisfactory to the director.

(2) When a permittee has done the work that the permittee has undertaken to do under this section, and the work is approved, the permittee is entitled to a refund of the money or securities, or both, deposited by the permittee. 45 (1) Subject to subsections (3) to (7), if a permittee fails to do work that the permittee has undertaken in writing to do under

section 44, the director may cause to be forfeited to the government all or part of the deposit of money or securities, submitted under that section. (2) The amount to be forfeited under subsection (1) must be decided by the director in the director's sole discretion. (3) A permittee who has not done work that the permittee has undertaken under

section 44 to do may pay to the director cash in an amount equal to the sum of the value of the work not done and a penalty equal to 1/10 of that value. (4) The permit of a permittee referred to in subsection (3) may, on making the payment under that subsection, be renewed as if the permittee had done or caused to have been done the work not done. (5) For the purpose of obtaining a lease, a permittee who has not done the work that the permittee has undertaken under

section 44 to do may pay to the director cash in an amount equal to the amount deposited under that section and forfeit the rental for the period elapsed since the last anniversary of the date of issue of the permittee's permit. (6) For the purposes of

section 52, the permit is, on the making of the payment under subsection (5), deemed to be valid, and the lease or leases must be dated and begin as of the last anniversary of the date of issue of the permit. (7) For the purpose of obtaining a lease, a permittee who has not done work required under conditions imposed by the minister under

section 47 (5) may forfeit to the director the rental for the period referred to in subsection (5) of this section with the effect provided in subsection (6) of this section. 46 (1) If a grouping notice in the form prescribed is recorded, work done in accordance with the regulations on the location of a permit may be considered to have been done in that location and locations of other permits not exceeding 30 blocks in area and that are contiguous or each of which lies partially or wholly within a circle having a radius of 80 km, or whatever greater area or radius may be approved by the minister before the commencement of the work to be done.

(2) A location must not be included in more than one grouping notice during the period that elapses between anniversaries of the date of issue of the permit. (3) Subsection (1) does not apply after the permit holder whose location is comprised in a notice under that subsection notifies the director that the notice is no longer effective. 47 (1) A permit expires at the end of the anniversary of the date of issue or of its last renewal.

(2) An application for renewal must be made to the director who must not accept the application unless
(a) it is accompanied by the prescribed fee and rental for the location of the permit for the next year, and
(b) it is received by the director before the expiration of the permit or within the time set out in subsection (7) and is accompanied by the fee established by that subsection.

(3) An application is also not acceptable unless accompanied by
(a) a signed statement setting out expenditures made for work done under this Part and having as attachments a report and map displaying the detailed factual data obtained from the geological or geophysical examination, detailed logs, well history report and other information as may be required on all exploratory work referred to in the signed statement,
(b) a signed statement setting out estimated expenditures made for work done under this Part together with an undertaking satisfactory to the director to file with the director, in the time the director sets, the documents that would otherwise have been attachments under paragraph (a), or
(c) a payment of money under

section 44 (1) or a written undertaking and deposit under that subsection. (4) A permit in Class A or Class B must not be renewed
(a) more than 4 times except on the authorization of the minister, or
(b) more than 7 times under any circumstances. (5) A permit in Class C or Class D must not be renewed more than 7 times except on the authorization of the minister and in accordance with the rentals, terms and conditions the minister may impose. (6) The minister may authorize a renewal under subsection (4) (a) or (5) for a period of less than one year, in which case the fee and rental must be prorated. (7) A permit must not be renewed or converted to a lease under

section 51 after the anniversary of the date of issue or of its last renewal except on payment of a prescribed penalty. 48 If a permittee has, in any year, done or caused to be done and recorded work in excess of that required under the regulations, and details of expenditure made for it have been included in a signed statement filed under

section 47, the excess work is deemed to have been done in one or more of the 3 years immediately following the year in which it was done. 49 At the request in writing of a permittee, on renewal of a permit the location may be reduced to an area approved by the minister. 49.1 (1) The holder of a drilling licence has the exclusive right to apply under the Energy Resource Activities Act to drill for the Crown reserves referred to in the licence. (2) The issuance of a drilling licence does not prohibit a person other than the holder of the drilling licence from carrying out, in accordance with the Energy Resource Activities Act, geological work or geophysical exploration in the location described in the licence.

(3) An application for a drilling licence must be made in accordance with the regulations. (a) refuse to issue a drilling licence, or
(b) issue a drilling licence, on payment of the prescribed fee and rent. 49.2 (1) A holder of a drilling licence must pay the prescribed rent in accordance with the regulations. (2) If a holder of a drilling licence fails to comply with subsection (1), the drilling licence expires on the prescribed date unless, on or before that date, the holder pays
(a) the rent required under that subsection, and
(b) in addition, the prescribed penalty.

(3) If a drilling licence expires under subsection (2), the minister may reinstate the licence if
(a) the minister is satisfied that the former licensee's failure to comply was inadvertent or the result of circumstances, other than financial circumstances, beyond the control of the former licensee, and
(b) the former licensee makes an application under

section 49.1 and pays the prescribed reinstatement fee. (4) If the minister reinstates a drilling licence under subsection (3), the licence is conclusively deemed not to have expired under subsection (2). 49.3 Despite

section 71, the minister, in the prescribed circumstances, may issue under section 53 a lease to a holder of a drilling licence. Division 1 — Rights Under Leases, Applications and Issue
50 (1) A lease shall be a petroleum and natural gas lease. (2) The holder of a petroleum and natural gas lease has
(a) the exclusive right to produce, in accordance with this Act and the Energy Resource Activities Act, both the petroleum and natural gas referred to in the lease, and
(b) subject to any rights conferred under a storage reservoir licence issued under

section 130 before the lease under this section is issued, the right to store or dispose of natural gas, water produced in relation to the production of petroleum or natural gas or other substances associated with petroleum or natural gas exploration, production or processing into a storage reservoir in the location of the lease. (3) The issue of a lease terminates the validity of a permit or drilling licence for the location of the lease.

51 An application for a lease must be made to the director in the form prescribed and is not valid unless
(a) the application is accompanied by the prescribed fee and rental,
(b) the applicant provides the information the minister requires,
52 (1) A permittee who meets the prescribed requirements may apply, during the term of the permit, for a lease respecting all or part of the location of the permit.

(2) A permittee who, in the opinion of the minister has discovered petroleum in the course of drilling a well, when instructed by the minister to do so, must apply, on or before a date set by the minister, which must not be earlier than 3 months after the date of the instruction, for a lease, the location of which is to include the well site. 53 (1) The minister may issue and continue leases only in accordance with this Act and the regulations, and may refuse to issue a lease to a person other than a permittee or licensee who has complied with this Act and the Energy Resource Activities Act. (2) The minister's refusal under subsection (1) is final.

(3) The minister must not issue or continue a lease to or for an applicant who, in the belief of the minister, is indebted to the government for royalties, taxes or rental with respect to petroleum or natural gas or to the regulator for any reason under the Energy Resource Activities Act. (4) If the minister refuses to issue or continue a lease, the fees and rental that accompany the application must be refunded. 54 (1) Without limiting

section 133, the Lieutenant Governor in Council may make regulations respecting annual rental payments for leases. (2) A lessee must pay the prescribed rent in accordance with the regulations. Division 5 — Term and Continuation
58 (1) In this section, "eligible spacing area" means a spacing area that
(a) contains a petroleum well or a gas well,
(b) is subject to a prescribed special project designated under

section 75 of the Energy Resource Activities Act,
(c) in the opinion of the director, covers, to the extent of at least one half of its area, a pool of petroleum or natural gas that has been delimited, or
(d) in the opinion of the director, may be adequately drained by a petroleum well or a gas well situated on a contiguous spacing area. (3) If a lease expires, whether after its initial term or after a continuation by the director under this section or

section 61.1, the director must, on application by the lessee made not later than 60 days after the expiry of the lease,
(a) continue the lease for one year in respect of any eligible spacing area included in the location of the expired lease,
(b) if the lease is subject to a unitization agreement under

section 114 or to an agreement under section 78 to establish the royalty to be paid, continue the lease for one year in respect of the parts of the location of the lease that are subject to the unitization agreement,
(c) if the division head approves a yearly program of exploratory work designed to delimit a pool, or a field of petroleum or natural gas, continue the lease for one year in respect of all or part of its location, or
(d) if the drilling of or work on the establishment of a well is incomplete on the expiry date of the lease and the director is satisfied that the drilling or work will continue if the lease is continued, continue the lease for one year.

section 58 (3) (a) or (b), the petroleum and natural gas rights granted by the lease that are stratigraphically outside the zone or zones known by the director to be capable of production in the lease or part of the lease revert to the government when that continuation begins. (2) If a lease or part of a lease is continued under

section 58 (3) (c) or (d), the petroleum and natural gas rights not continued revert to the government when that continuation begins, subject to the lease or part of the lease being continued under section 58 (3) (a) or (b) and the application of subsection (1) of this section. 59.1 (1) Despite

section 59, this section continues to apply to a lease
(a) that was issued under

section 64 or 71 before March 29, 2007,
(b) that is issued from a permit or a drilling licence that was issued before March 29, 2007, if the location of the lease is within or coincides with the location of the permit or the drilling licence, or
(c) that is issued under

section 64 from a lease described in paragraph (a) or (b) of this subsection. (2) If, at the relevant time referred to in this subsection, a lease is continued under

section 58, the petroleum and natural gas rights granted by the lease that are stratigraphically below the base of the deepest zone known by the director to be capable of production in the lease or the part of the lease revert to the government and do not continue under the lease
(a) in the case of a 5 year lease, on the expiration of its initial term,
(b) in the case of a 10 year lease, on the expiration of its initial term,
(c) in the case of a 10 year lease that is a renewal of a 21 year lease, on the expiration of its term, and
(d) in the case of a 21 year lease, on the expiration of its initial term.

(3) If, at the relevant time referred to in subsection (2), all or part of the lease is being continued under

section 61 or 62, subsection (2) applies to that lease for the part so continued on the date on which the continuation ceases under section 61 or 62, as the case may be. 60 (1) If the minister believes a lease location is not being developed sufficiently, the minister may, except during the 3 years after the date of issue of the lease, require the holder of the lease to submit, within 30 days from the date of the request, a plan for the development of the lease location.

(2) If the holder of a lease does not comply, or if the minister believes that a development plan submitted is not adequate for the purposes of developing a lease location, the minister may give notice to the holder requiring the holder, subject to the Energy Resource Activities Act, to begin the drilling of a well on the lease location.

(3) A notice under subsection (2) may specify a spacing area in the lease location in which the well is to be drilled, the depth to which the well is to be drilled and the time within which the drilling of the well is to begin but in specifying the period of time to begin the drilling, the minister will give regard to the accessibility of the lease location, and to the availability of drilling equipment, and in no event must the notice be less than 3 months.

(4) On receiving the notice the lease holder must
(a) begin drilling the well on the location of the lease and in the time specified in the notice and after that continuously and diligently drill the well, or
(b) surrender all of the location of the lease except eligible spacing areas as defined in

section 58 (1) or 61.1 (1). (5) If a well has been drilled pursuant to a notice and has been abandoned or completed in accordance with the Energy Resource Activities Act, the minister may at any time, except during the 6 months following the date of the abandonment or completion, order the drilling of another well on the lease location in accordance with the Energy Resource Activities Act. 61 (1) If, before the expiry of a lease, the lessee undertakes in writing to drill a well on the location of the lease, the director must continue the lease for a further period of one year.

(2) If a lease has been continued under subsection (1), the director may, before it expires and subject to subsection (3), again continue it for a period of one year, beginning at the expiry of the year referred to in subsection (1). (3) Subsection (2) does not apply if drilling ceases during the one year continuation under subsection (1), unless the lessee undertakes in writing, addressed to the director, to drill another well on the location of the lease. (4) If the lessee fails to honour an undertaking given under subsection (1) or (3), the director may cancel the lease. (5) If a well referred to in this section is completed as a petroleum well or a gas well,

section 58 (3) applies in respect of the location where the well is situated. "eligible disposal well" means a well that is used or planned to be used to dispose of water, carbon dioxide or other waste fluids associated with petroleum or natural gas exploration, production or processing;
"eligible lease" means a lease for a location that includes all or part of an eligible spacing area;
"eligible spacing area" means a spacing area, other than a spacing area that is subject to a special project under

section 75 of the Energy Resource Activities Act, that
(a) contains an eligible disposal well,
(b) is, in the opinion of the director, planned to contain an eligible disposal well, or
(c) is, in the opinion of the director, likely to be needed in relation to an existing or planned eligible disposal well that is situated on a nearby spacing area. (2) If an eligible lease expires, whether after its initial term or after a continuation under this section or under

section 58, 61 or 62, on application by the lessee made not later than 60 days after the expiry of the lease, the director may continue that lease for one year in respect of one or more zones in the eligible spacing area that the director considers are appropriate in relation to the relevant existing or planned eligible disposal well. (3) If all or part of an eligible lease is continued under this section, the petroleum and natural gas rights granted by the lease that are stratigraphically outside the zone or zones identified by the director under subsection (2) revert to the government when that continuation begins, subject to any continuation under

section 133 (2) (n.1), the term of a lease not continued under section 58 (3), 61 or 61.1 or under the regulations may be continued, on payment to the government of the prescribed penalty, for one year in respect of all or part of its location. (a) may not be continued under subsection (1) more than 3 times, and
(b) may be continued under subsection (1) immediately after
(i) the expiry of a previous continuation under that subsection, or
(ii) a continuation under

section 58 (3), 61 or 61.1 or under the regulations. 63 (1) Despite sections 58, 61, 61.1 and 62, if a lessee fails to pay the rental, the lease expires 60 days after the date the rental was payable unless on or before the 60 days have elapsed, the lessee pays
(b) in addition, as a penalty for each 30 day period or portion of a period that the lessee is in default, a sum equal to 1.5% of the rental.

(2) If a lease expires under subsection (1), the minister may reinstate the lease if
(a) the minister is satisfied that the lessee's failure referred to in subsection (1) was inadvertent or the result of circumstances, other than financial circumstances, beyond the control of the lessee,
(b) there has been, during the period starting on the date of the expiry and ending on the date of the reinstatement, no disposition under this Act of rights to petroleum and natural gas that were subject to the lease, and
(c) the former lessee makes an application under

section 51 and pays the prescribed reinstatement fee. (3) If the minister reinstates a lease under subsection (2), the lease is conclusively deemed not to have expired under subsection (1). 64 (1) With the approval of the minister, a lease may be surrendered in whole or in part at any time, and one or more new leases issued.

(2) A new lease issued under subsection (1)
(i) falls within the boundaries identified in the surrendered lease, and
(ii) is at least one spacing area in size,
(b) must have the same expiry date as the surrendered lease, and
65 (1) For the purposes of this Act and the Energy Resource Activities Act, British Columbia, except where insufficient area exists adjacent to its boundaries, is divided into normal spacing areas for petroleum and natural gas wells as follows:
(a) the boundaries of a unit, and the vertical planes extending directly beneath each of those boundaries, are the boundaries of a normal spacing area for petroleum wells;
(b) the boundaries of a spacing area for a natural gas well in the Peace River Block coincide with the boundaries of each section, and the boundaries of a spacing area for a petroleum well coincide with the boundaries of each quarter section;
(c) in areas other than the Peace River Block
(i) the boundary of an area comprising 2 units by 2 units, and the vertical planes extending directly beneath each of the boundaries of that area, are the boundaries of a normal spacing area for a natural gas well, and
(ii) the pattern of normal spacing areas for natural gas wells is based on an initial 4 unit area centred on a corner common to any 4 blocks.

(2) Subsection (1) does not apply to a well drilled only for the exploration, development or use of a storage reservoir. 65.1 (1) The minister may make regulations respecting other than normal spacing in an area of British Columbia if the minister is satisfied that the regulations
(a) would facilitate petroleum or natural gas exploration and development,
(b) are necessary to promote the conservation of petroleum and natural gas resources, or
(c) are necessary to protect the environment. (2) The regulator, by order, may on its own initiative or on application under

section 75 (3) of the Energy Resource Activities Act approve other than normal spacing for a pool or portion of a pool on a parcel of land or a location if
(a) the regulator is satisfied that it would facilitate drilling and production operations, and
(b) the parcel of land or location, as the case may be, is not subject to a regulation made under subsection (1). (2.1) Despite any applicable order made under subsection (2), a pool or a portion of a pool on a parcel of land, or a location, must be considered, for the purposes of

section 58, to be divided into normal spacing areas in accordance with section 65, unless the minister orders otherwise. (3) A regulation under subsection (1) or an order under subsection (2) must specify target areas within each other than normal spacing area and may specify methods of determining and conditions that apply to that spacing. 66 If a parcel of Crown reserve that contains other than a normal spacing area for a natural gas well is acquired, the minister, on application by an owner, may designate in that parcel other than a normal spacing area for a natural gas well.

67 Production from a natural gas well within a spacing area that is not a normal spacing area may not be taken until the spacing area of the well is pooled with adjacent areas to form a normal spacing area or a spacing area prescribed or ordered under

section 65.1. 68 (1) Two or more holders of locations in a spacing area may pool their locations for purposes of joint development of the spacing area or joint operation of a well in the spacing area, or both. (2) If locations are not pooled by agreement, the minister, either on the minister's own initiative or on application by a holder, may invite submissions from interested parties for the purpose of determining whether or not the locations should be pooled.

(3) After reviewing the submissions, the minister may refuse to make an order, or the minister may
(a) order that the locations, or parts of the locations, as the minister may designate, be pooled,
(b) order, subject to the Energy Resource Activities Act, that a well be drilled and operated, or, if drilled, that it be operated,
(c) designate a person the minister considers appropriate for the purpose of carrying out an order, designation or requirement under this section,
(d) specify the proportions in which holders share petroleum and natural gas produced,
(e) specify the proportions in which holders share the costs of drilling, operating and abandoning the well, and
(f) specify the manner and time in which, and the conditions subject to which, petroleum and natural gas produced from the pooled locations must be sold.

(4) If locations are pooled, the drilling, operating and abandoning of the well, and the production of petroleum and natural gas from the well, are deemed to be carried out, in the proportions referred to in the pooling agreement or order, on the location of each holder. (5) The minister may make a pooling agreement on behalf of the government on the terms the minister believes proper. 69 (1) If petroleum and natural gas in a spacing area is reserved in part to persons other than the government, those persons, or the holder of a location in the same spacing area, may apply to the board for an order that all petroleum or natural gas or both in that spacing area be pooled.

(2) The board must include in the order terms and conditions respecting the pooling that it considers necessary.

70 The following petroleum and natural gas is reserved to the government:
(a) petroleum and natural gas in fractional areas of less size than 2 units by 2 units, except in the Peace River Block;
(b) petroleum and natural gas in fractional areas of less than a section in the Peace River Block;
(c) petroleum and natural gas in the location of a permit that does not become included in the location of a lease;
(d) petroleum and natural gas in the location of a cancelled, reverted or abandoned permit, drilling licence and lease;
(e) petroleum and natural gas in those areas the Lieutenant Governor in Council may designate;
(f) petroleum and natural gas in the location of a drilling licence that does not become included in the location of a lease;
(g) petroleum and natural gas rights that are surrendered, forfeited or escheated to the government.

71 (1) The minister may dispose of Crown reserves of petroleum and natural gas, oil sand, oil sand products, oil shale and oil shale products under terms the minister sees fit. (2) A disposition under this section must be by public auction or public tender, not sooner than 2 weeks after publication, in accordance with the regulations, of a notice of the intended disposal.

(3) Unless otherwise directed by the minister,
(a) a permit issued under this section is subject to the terms of this Act as though it had been issued under Part 5,
(b) a drilling licence issued under this section is subject to the terms of this Act as though it had been issued under Part 5.1, and
(c) a lease issued under this section is subject to the terms of this Act as though it had been issued under Part 6. 72 (1) The minister may, by order, withdraw Crown reserves referred to in

section 71 (1) from disposition under that section. (2) Crown reserves withdrawn under subsection (1)
(a) remain withdrawn until the withdrawal order is cancelled by the minister, and
(i) developed, managed or disposed of by the minister in accordance with the terms and for the price approved by the Lieutenant Governor in Council, or
(ii) disposed of in accordance with regulations under subsection (3).

(3) The Lieutenant Governor in Council may make regulations for the purposes of subsection (2) (b) (ii), including regulations respecting one or more of the following:
(a) who is authorized to make a disposition;
(b) the process by which all or part of a reserve is to be offered for disposition;
(c) criteria that must or may be applied in making dispositions, including criteria respecting
(ii) technological innovation,
(iv) First Nations considerations,
(v) long-term economic planning,
(vi) the purpose for which the spacing area is to be used, and
(vii) other matters that the Lieutenant Governor in Council considers are in the public interest;
(d) the manner and form of dispositions;
(e) the price to be recovered by the government from a disposition or how that price is to be determined;
(f) restrictions and conditions on which the authority to make dispositions may be exercised;
(g) terms and conditions that must or may be included in the disposition.

(4) Regulations under subsection (3) may do one or more of the following:
(b) provide authority for a person authorized under subsection (3) (a) to delegate that authority to another person;
(c) be different for different areas, types of reserves, zones, proposed purposes of a spacing area and proposed uses of a reserve. 72.1 (1) The minister must appoint an employee of the ministry as the royalty administrator. (2) The Minister of Finance must appoint an employee of the Ministry of Finance as the royalty collector. 73 (1) Royalties are reserved to the government on petroleum and natural gas produced from any location held under this Act.

(2) The Lieutenant Governor in Council may prescribe the royalty that is payable to the government for petroleum and natural gas and, without limiting that power, the Lieutenant Governor in Council may make regulations respecting
(a) royalties in different amounts for different classes of petroleum or natural gas,
(b) the person or class of person required to pay the royalty,
(c) the assessment and reassessment of royalty,
(d) appeals from assessment or reassessment of royalty,
(f) exemptions from payment of royalty,
(g) time limits and time periods related to royalties including assessments, reassessments, appeals, refunds or exemptions and including different time limits and time periods for different classes of persons,
(h) the classification of petroleum or natural gas by any factors or characteristics including qualities, locations or dates of initial production, and
(i) the calculation and payment of interest on overpayment of royalty.

(3) For the purposes of the regulations made under subsection (2), the Lieutenant Governor in Council may delegate powers to, and confer discretionary powers on, one or both of the following:
(a) the royalty administrator;
(4)

Section 16 of the Financial Administration Act does not apply to refunds of petroleum and natural gas royalty payments. 73.1 (1) If the royalty collector determines, from a review of the information provided to the royalty collector under this Act, that a quantity of petroleum or natural gas is unaccounted for by a person, the royalty collector may treat that quantity as having been sold. (2) Royalty is payable to the government under

section 73 by the person referred to in subsection (1) of this section in respect of the quantity of petroleum or natural gas that is treated under that subsection as having been sold. 74 (1) Every person required to pay royalty must, on or before a prescribed date,
(b) file and complete a report in the form and manner required by the royalty collector. (2) A person required to pay royalty who fails to pay royalty when it is due must pay interest on the amount of the unpaid royalty as prescribed by the Lieutenant Governor in Council.

(3) If a person pays more money by way of royalty than the person is required to pay under this Part, the government may calculate interest on the overpayment as prescribed and may
(a) refund the overpayment plus interest to the person, or
(b) credit the person's royalty account with the amount of the overpayment plus interest. (4) Interest under subsection (3) (a) may be paid out of the consolidated revenue fund. (5) If a person required to pay royalty fails to comply with subsection (1) (b), the person must, in addition to any royalty payable, pay the prescribed penalty.

75 (1) A person authorized by the deputy minister for any purpose related to the administration or enforcement of this Act may, by registered letter or by a demand served personally, require from any person any information or additional information, or the production of any records, within any reasonable time the person authorized by the deputy minister stipulates, if it is reasonable to make the demand in order to determine liability or possible liability to pay the royalty under this Act.

(2) If it is shown to the satisfaction of a justice on information in writing sworn by a person authorized under subsection (1), that
(a) there are reasonable grounds to believe that any records relating to the determination of the royalty payable under this Act are kept at a place identified in the sworn information, or
(b) any other thing that affects the royalty payable under this Act is kept or used or to be found at such place,
and that
(c) a demand under subsection (1) has not been complied with or has not been fully complied with or is, if made, likely to be refused, or likely to defeat the object of the demand, or
(d) the records contain or the thing will provide or constitute evidence of an offence under this Act,
then the justice may by warrant under the justice's signature in the form under the Schedule to this Act authorize that person to enter that place and to search for and seize those records, and to inspect, examine, measure and evaluate that thing.

(3) A warrant issued under this section continues in force until the purpose for which the entry is required has been satisfied. (4) An officer so authorized may take with the officer on or into the place to be searched those other persons and equipment as may be necessary. 76 (1) Every person carrying on business in British Columbia who is required under this Act to pay royalties or other amounts, must keep books or records at the person's place of business in Canada or at another place designated by the minister, in a form and including information that will enable the royalties payable under this Act to be calculated.

(2) If, in the opinion of the royalty collector, a person has failed to keep adequate books or records for the purposes of this Act or the regulations, the minister may require the person to keep books or records the minister specifies, and that person must after that keep the books or records so required. (3) Every person required by this Act to keep books or records must, until written permission for their disposal is obtained from the minister, retain every book or record and every account or voucher necessary to verify the information in the books or records.

77 (1) If the royalty collector has knowledge or suspects that a person is or is about to become indebted or liable to make a payment to a producer, the royalty collector may demand that the person pay all or part of the money otherwise payable to the producer to the royalty collector on account of the producer's liability under this Act.

(2) Without limiting subsection (1), if the royalty collector has knowledge or suspects that a person is about to advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by a producer, the royalty collector may demand that the person pay to the royalty collector on account of the producer's liability under this Act the money that would otherwise be advanced or paid.

(3) If under this section the royalty collector demands that a person pay to the royalty collector, on account of the liability under this Act of a producer, money otherwise payable by that person to the producer as interest, rent, remuneration, a dividend, an annuity or other periodic payment, the demand
(a) applies to all of those payments to be made by the person to the producer until the liability under this Act is satisfied, and
(b) operates to require payments to the royalty collector, out of each payment, of the amount stipulated by the royalty collector in that demand.

(4) Money or a beneficial interest in money in a savings institution
(a) on deposit to the credit of a producer at the time a demand is served, or
(b) deposited to the credit of a producer after a demand is served
is money for which the savings institution is indebted to a producer within the meaning of this section, but money on deposit or deposited to the credit of a producer as described in paragraph (a) or (b) does not include money on deposit or deposited to the credit of a producer in the producer's capacity as a trustee.

(5) A demand under this section continues in effect until
(a) the demand is satisfied, or
(b) 90 days after the demand is mailed or served,
whichever is earlier. (6) Despite subsection (5), a demand made in respect of a periodic payment referred to in subsection (3) continues in effect until it is satisfied unless no periodic payment is made or is liable to be made within 90 days after the demand is mailed or served, in which case the demand ceases to have effect on the expiration of that period.

(7) A person who fails to comply with a demand under subsection (1) or (3) is liable to pay to the government an amount equal to the amount that the person was required under subsection (1) or (3), as the case may be, to pay to the royalty collector. (8) A person who fails to comply with a demand under subsection (2) is liable to pay to the government an amount equal to the lesser of
(a) the aggregate of the money advanced or paid, and
(b) the amount that the person was required under subsection (2) to pay to the royalty collector.

(9) The receipt of the royalty collector for money paid under this section is a good and sufficient discharge of the original liability to the extent of the payment. (10) Money paid by any person to the royalty collector in compliance with a demand under this section is deemed to have been paid by that person to the producer in respect of which the demand was made.

(11) If a person carries on business under a name or style other than the person's own name, a demand under subsection (1), (2) or (3) may be addressed to the name or style under which the person carries on business and, in the case of personal service, is deemed to be validly served if it is left with an adult person employed at the addressee's place of business. (12) If persons carry on a business in partnership, a demand under subsection (1), (2) or (3) may be addressed to the partnership in its name and, in the case of personal service, is deemed to be validly served if served on one of the partners or left with an adult person employed at the partnership's place of business.

section 73 and the regulations under that section, the minister may make an agreement establishing the royalty to be paid to the government, and the method of calculating the royalty, on petroleum and natural gas produced from a unitized operation or as the result of a conservation plan or a special project under section 75 of the Energy Resource Activities Act. 78.1 (1) Despite

section 73 and the regulations made under that section and subject to subsection (2) of this section, the minister may, with the approval of the Lieutenant Governor in Council, enter, with a person, into an agreement establishing the royalty to be paid by the person to the government, and the method of calculating the royalty, on petroleum or natural gas produced from a specified location or class of locations. (2) The approval of the Lieutenant Governor in Council is not required for the minister to enter into an agreement under subsection (1)
(a) in the prescribed circumstances, or
(b) in respect of a prescribed class of agreements.

(3) The minister must, as soon as practicable, publish an agreement entered into under subsection (1) but may withhold from publication anything in the agreement that could be refused to be disclosed under the Freedom of Information and Protection of Privacy Act, if a request were made under that Act for disclosure of the agreement.

(4) An agreement under subsection (1) may be for a term the minister considers advisable, but not for a term exceeding the prescribed number of years, and may also include any or all of the following:
(a) a requirement that the person pay to the government a charge respecting periods, specified in the agreement, during which
(i) petroleum or natural gas, or both, are not produced, or
(ii) a minimum level of petroleum or natural gas production, specified in the agreement, is not achieved;
(b) a specification of locations or classes of locations that are subject to a royalty established under subsection (1);
(c) terms respecting required petroleum or natural gas production levels from specified locations or classes of locations;
(d) terms respecting investments in the exploration, development or processing of petroleum or natural gas, or both;
(e) terms respecting penalties the person must pay or actions the minister may take if the person fails to comply with a term or condition of the agreement;
(f) a specification of regulations under this Act that apply to the person in respect of the agreement;
(g) any other terms and conditions the minister considers necessary or advisable.

(5) If an agreement under subsection (1) specifies regulations for the purposes of subsection (4) (f), those regulations apply to the person in respect of the agreement. (6) Sections 73 (4) and 74 to 77 apply to an agreement under subsection (1) of this section. (7) A person who enters into an agreement under subsection (1) must comply with the agreement. "contract" means a contract for the sale and delivery of natural gas in which the corporation is the purchaser;
"corporation" means the British Columbia Petroleum Corporation dissolved and disestablished under

section 2 of the Petroleum Corporation Repeal Act. (2) Despite the terms of a contract entered into before July 1, 1985, the corporation is not obliged to pay or satisfy any royalty levied by or on behalf of the government against or in respect of natural gas produced on or after July 1, 1985. (3) Compensation or damages are not payable by the government or the corporation, and proceedings must not be commenced or maintained to claim compensation or damages from, or to obtain a declaration that compensation or damages are payable by, the government or the corporation as a direct or indirect consequence of the enactment of this section.

(4) A contract affected by this section must not be held by a court to have been frustrated by the operation of this section. Part 11 — Freehold Production Tax
80 (1) Every owner of freehold land must pay to the government a freehold production tax calculated as a prescribed percentage of the value of the petroleum and natural gas produced and disposed of from freehold land. (2) For the purpose of subsection (1), the Lieutenant Governor in Council may make regulations prescribing a percentage, which percentage must not exceed 30%, and may prescribe a different percentage for different classes of petroleum or natural gas. 80.1 (1) In this section, "Taxation Agreement" has the same meaning as in

section 80, a person is not subject to tax under this Act if and to the extent that the Taxation Agreement provides that the person is not subject to tax under this Act. 80.2 (1) [Repealed 2011-11-63.] (2) Despite

section 80, a person is not subject to tax under this Act if and to the extent that a tax treatment agreement provides that the person is not subject to tax under this Act. 81 Sections 73, 74, 75, 76, 77 and the Schedule to this Act respecting royalties apply, in the same manner and to the same extent, to the freehold production tax under this Part.

110 A person must not, except under this Act and the Energy Resource Activities Act,
(a) do or cause to be done any geological or geophysical work or drilling by way of or incidental to exploration for petroleum or natural gas that is the property of the government, or
(b) produce or cause to be produced or do or cause to be done anything for the purpose of producing petroleum or natural gas that is the property of the government. 111 With the approval of the minister, a permittee or licensee may produce, subject to the Energy Resource Activities Act, petroleum or natural gas from one or more wells on the permittee's or licensee's location in accordance with whatever terms are specified.

112 The inclusion in a location of petroleum or natural gas that does not belong or is not reserved to the government does not invalidate a permit, drilling licence or lease for the remainder of the location. 113 An affidavit required under this Act may be made before
(a) a person authorized under the Evidence Act, or
114 (1) The minister may, on behalf of the government, enter into a unitization agreement for the unitized operation of a field, pool or storage reservoir, or a part of any of them, and on its execution the unitization agreement is, subject to compliance with any applicable requirements under

section 75 of the Energy Resource Activities Act, and other relevant provisions of this Act, binding on all parties to it, including the government. (2)

Section 117 does not apply to an agreement entered into under this section. 115 (1) On receiving an application for a unitization order from a working interest owner or group of working interest owners who have agreed in writing to a proposed plan of unit operations, the minister may invite submissions from interested persons to consider the advisability or necessity for an agreement. (2) After reviewing the submissions, the minister may reject the application or make a unitization order requiring that the plan of unitized operations proposed by the applicant be applicable to all of the proposed unit area, or any smaller area the minister determines, and on the making of the order it is binding on all owners of interests in the unit area.

117 (0.1) This section applies in relation to a permit, drilling licence or lease. (1) A transfer, assignment, agreement or instrument affecting the title to a location must not be recorded or is not effective unless
(a) the transfer or other instrument does not conflict with this Act, and
(b) the transfer or other instrument is made by or on behalf of the recorded holder of the location. (2) A transfer or other instrument affecting the title to a location is deemed to be recorded and be effective from the time that the application to record it is received by the director.

(3) Failure to record a transfer or other instrument affecting the title to a location does not invalidate it as between the parties to it, but subsection (2) governs its effectiveness for any other person. (5) Each transfer or other instrument affecting title to a location when made by an individual under this Act must be witnessed by a witness who must sign the witness's name and address, and when made by a corporation must be properly executed under the seal of the corporation or its authorized attorney.

(7) A holder of a location may make a valid transfer of the holder's permit, drilling licence or lease directly to the holder or jointly with another person and if the permit, drilling licence or lease is held by more than one person, they may make a transfer directly to one or more of their number either alone or jointly with another person and a trustee or personal representative may make a valid transfer of a location to themselves individually if the making of the transfer is otherwise within the trustee's or personal representative's power.

117.1 (1) When a location has been cancelled, reverted or abandoned, the minister may transfer a permit, drilling licence or lease for the location to a person who wants to acquire the permit, drilling licence or lease, as the case may be, if
(a) the location is associated with
(ii) a well, facility, pipeline, energy resource road or area that meets the criteria under

section 45 (2) of the Energy Resource Activities Act for designation as an orphan site, and
(b) the minister is satisfied that it is not in the public interest to dispose of the location under

section 71 of this Act and the person pays the price, if any, approved by the minister. (2) A permit, drilling licence or lease transferred under subsection (1) is reinstated and, unless subsequently continued, expires on the date that it would have expired had it not been cancelled, reverted or abandoned. 118 A person who has in any way failed to comply with
(a) this Act, the regulations under this Act, the Energy Resource Activities Act or the regulations under that Act,
(b) a notice given or order made under this Act, or
(c) a term, promise or condition of the person's permit, licence or lease,
must not remove or allow to be removed equipment from a location or former location without permission in writing from the regulator.

119 (1) When a location has been cancelled, reverted or abandoned, and all requirements under this Act and under the Energy Resource Activities Act have been satisfied, any property on the location may be removed by the owner of it within one year after the cancellation, reversion or abandonment, but nothing from the location may be used for producing petroleum or natural gas on the location during that period. (2) The director may extend the period for removal for not more than one year. (3) If property has not been removed from the location of a permit, licence or lease by the end of the period specified in subsection (1) or (2), it vests in the government.

(4) Subsections (1) to (3) apply to anything remaining on a location at the time of its cancellation, reversion or abandonment under any former petroleum and natural gas legislation.

(5) The minister may dispose of property vested in the government under this section,
(a) if, in the minister's opinion, its value is not more than $500, as the minister sees fit,
(b) if, in the minister's opinion, its value is more than $500, by sale or lease by public tender after an advertisement of the intention to sell or lease the property by public tender has been posted for 14 days in the office of the director and published in not less than 2 issues of a newspaper circulating in the district in which the location is or was situated, or
(c) if the property is not sold or leased under paragraph (a) or (b), as the minister sees fit.

(6) The minister may use the proceeds of any sale or lease under this section to settle, in the manner that in the minister's sole discretion the minister sees fit, just claims made against the property or the owner before the date of the sale or lease. 120 A person may abandon a permit, licence or lease by surrendering it to the director and after the surrender, the permittee, licensee or lessee has, subject to

section 119, no further interest in it and is not entitled to a refund of rental payments or fees. 121 (1) The location of each lease on which petroleum or natural gas has been discovered or each lease or licence under which a storage reservoir is being used for storage or disposal must be surveyed by a British Columbia land surveyor within one year from the date of instructions by the minister to do so, and any location not surveyed within that time may be cancelled, unless the holder of the lease or licence can prove to the minister that, through no fault on the holder's part, the holder of the lease or licence has been unable to obtain a British Columbia land surveyor to survey the location.

(2) A survey under this section must be made in accordance with the requirements of the Surveyor General and the rules made under subsection (3). (3) The Association of British Columbia Land Surveyors may make rules under

section 75 of the Land Surveyors Act that the association considers necessary or advisable for surveys, and all matters that relate to surveys, required under this Act. 122 (1) Subject to subsection (2), all records and instruments relating to petroleum and natural gas title or a storage reservoir licence recorded under this Act, other than Parts 10 and 11, must, during normal office hours, be open to public inspection free of charge. (2) Geological, geophysical and reports other than well reports and well data received by the ministry in the course of the administration of this Act, other than Parts 10 and 11, and designated by the minister as confidential, must not be released except under an order of the Lieutenant Governor in Council.

(3) With the permission in writing of the person who holds the licence, permit or lease for a location dealt with in the report, the minister may, however, at the minister's sole discretion, release information contained in the report. (4) The Lieutenant Governor in Council may release factual information considered confidential when it is considered in the public interest to do so.

means a person who is engaged or employed, or was formerly engaged or employed, by or on behalf of the government, to assist in carrying out the provisions of this Act;
"confidential information" means information of any kind and in any form, relating to one or more persons,
(a) that is obtained, by or on behalf of the minister, for the purposes of Part 10 or 11 of this Act or the regulations referred to in

section 133 (2) (i) of this Act, or
(b) that is prepared from information referred to in paragraph (a),
but does not include information that does not directly or indirectly reveal the identity of the person to whom the information relates;
"minister" means the minister responsible for the administration of the Financial Administration Act;
"official" means any person
(a) who is employed in the service of, is engaged by or on behalf of, or occupies a position of responsibility in the service of the government of British Columbia, another province or Canada, or
(b) who was formerly so employed or engaged or formerly occupied such a position;
"police officer" means a police officer as defined in

section 462.48 (17) of the Criminal Code. (2) Despite any other enactment or law, except as authorized by this section, an official must not
(a) knowingly provide, or knowingly allow to be provided, any confidential information to any person,
(b) knowingly allow any person to have access to any confidential information, or
(c) knowingly use any confidential information otherwise than in the course of the administration and enforcement of this Act or for a purpose for which it was provided under this section. (3) Despite any other enactment or law, an official must not be required, in connection with any legal proceedings, to give or produce evidence relating to any confidential information.

(4) Subsections (2) and (3) do not apply in relation to the following:
(a) criminal proceedings that have been commenced by the laying of an information or the preferring of an indictment under an Act of the Parliament of Canada;
(b) any legal proceedings relating to the administration or enforcement of
(i) any enactment of British Columbia, another province or Canada that provides for the imposition or collection of a tax, royalty or duty, or
(ii) the Energy Resource Activities Act.

(5) Subject to subsection (6), an official may do one or more of the following:
(a) provide to any person confidential information that can reasonably be considered necessary for the purposes of the administration or enforcement of this Act, solely for those purposes;
(b) provide to any person confidential information that can reasonably be considered necessary for the purposes of determining
(i) any tax, royalty, interest, penalty or other amount that is or may become payable by the person under this Act,
(ii) any exemption, refund or credit to which the person is or may become entitled under this Act, or
(iii) any other amount that is relevant for the purposes of a determination under subparagraph (i) or (ii);
(c) provide confidential information as follows:
(i) to an official of the Department of Finance of the government of Canada, solely for the purposes of the formulation or evaluation of fiscal policy;
(ii) to an official solely for the purposes of the initial implementation of a fiscal policy;
(iii) to an official of the ministry of the minister, solely for the purposes of the formulation or evaluation of fiscal policy;
(iv) to an official of the ministry of the minister responsible for the administration of the Ministry of Energy and Mines Act, solely for the purposes of the formulation or evaluation of policy under this Act;
(v) to an official solely for the purposes of the administration or enforcement of an enactment of British Columbia that provides for the imposition or collection of a tax or duty;
(vi) to an official solely for the purposes of the administration or enforcement of an Act of the Parliament of Canada, or of an enactment of another province, that provides for the imposition or collection of a tax, royalty or duty;
(vii) to an official solely as provided for in the regulations;
(viii) to an official solely for the purposes of the administration or enforcement of the Energy Resource Activities Act;
(ix) to an official solely for the purposes of the compilation of statistical information by the government or the government of Canada, as the case may be;
(x) to an official solely for the purposes of setting off, against any sum of money that may be due or payable by the government, a debt due to the government;
(d) provide confidential information, or allow inspection of or access to confidential information, as the case may be, under, and solely for the purposes of,
(i) sections 44 (1) and 61 (1) of the Freedom of Information and Protection of Privacy Act, or
(ii) sections 15, 16 and 17 of the Auditor General Act;
(e) provide confidential information relating to a person
(ii) with the consent of the person, to any other person;
(f) use confidential information to compile information in a form that does not directly or indirectly reveal the identity of the person to whom the information relates;
(g) provide confidential information solely for the purposes of sections 17, 18 and 19 of the Financial Administration Act;
(h) use, or provide to any person, confidential information solely for a purpose relating to the supervision, evaluation or discipline of an authorized person by the government in respect of a period during which the authorized person was employed by, or engaged by or on behalf of, the government to assist in the administration or enforcement of this Act, to the extent that the information is relevant for the purpose;
(i) provide confidential information to a police officer, solely for the purposes of an investigation into whether an offence has been committed under the Criminal Code, or the laying of an information or the preferring of an indictment, if
(i) the confidential information can reasonably be considered necessary for the purpose of ascertaining, with respect to an official, or with respect to any person related to the official,
(A) the circumstances in which an offence under the Criminal Code may have been committed, or
(B) the identity of the person who may have committed an offence under the Criminal Code,
(ii) the official was or is engaged in the administration or enforcement of this Act, and
(iii) the offence can reasonably be considered to be related to the administration or enforcement of this Act;
(j) provide confidential information to, or allow inspection of or access to confidential information by, any person otherwise legally entitled to the information under a prescribed enactment of British Columbia, solely for the purposes for which the person is entitled to the information.

(6) Except in accordance with an information-sharing agreement entered into under

section 122.2, an official must not, under subsection (5) (a) to (c) and (g) to (j) of this section, provide confidential information to, or allow inspection of or access to confidential information by,
(a) an official of a public body, as defined in the Freedom of Information and Protection of Privacy Act, other than the ministry of the minister or the ministry of the minister responsible for the administration of the Ministry of Energy and Mines Act,
(b) an official of the government of Canada, or
(c) an official of the government of another province. (7) An official may provide to appropriate persons any confidential information relating to imminent danger of death or physical injury to any individual.

(8) The person who presides at a legal proceeding relating to the supervision, evaluation or discipline of an authorized person may make orders necessary to ensure that confidential information is not used or provided to any person for any purpose unrelated to the proceeding, including
(a) an order that the proceeding be held in private,
(b) an order banning publication of the confidential information,
(c) an order to conceal the identity of the person to whom the confidential information relates, and
(d) an order sealing the records of the proceeding. (9) An official may disclose confidential information relating to an operator if the disclosure is for the purposes of administering or implementing a resource revenue-sharing agreement between the government and a First Nation.

section 32 or 33 of the Freedom of Information and Protection of Privacy Act, this section applies despite that Act. "confidential information" has the same meaning as in

section 122.1;
"information-sharing agreement" means an agreement or arrangement to exchange, by electronic data transmission, electronic data matching or any other means, information for a purpose described in

section 122.1. (2) The minister may enter into an information-sharing agreement with
(a) a public body as defined in the Freedom of Information and Protection of Privacy Act,
(b) the government of Canada or an agency of that government, or
(c) the government of a province or other jurisdiction in Canada or an agency of that government. (3) Subject to subsection (4), confidential information obtained by the minister under an information-sharing agreement may be used or disclosed only for the purposes for which it was obtained under the applicable agreement.

(4) Subsection (3) does not prevent
(a) any confidential information obtained by the minister under an information-sharing agreement with the government of Canada or an agency of that government from being used or disclosed for the purpose of administering and enforcing
(i) an enactment administered by the minister that provides for the imposition or collection of a tax or duty, or
(ii) the Energy Resource Activities Act, or
(b) any confidential information obtained by the minister under an information-sharing agreement from being used or disclosed for the purpose of administering and enforcing an Act of the Parliament of Canada that provides for the imposition or collection of a tax or duty.

(5) The Lieutenant Governor in Council may prescribe terms and conditions to be included in the information-sharing agreements entered into by the minister. (6) For the purposes of

section 122.1 (6), an information-sharing agreement entered into before the coming into force of this section is considered to be an information-sharing agreement entered into by the minister under this section. 124 Despite anything in this Act, the boundaries of a location in any area where the boundaries of units and blocks do not coincide with surveyed boundaries of sections, townships or other existing district lot system may be established to coincide with the surveyed boundaries of sections, townships or other district lot system.

125 A disposition of petroleum or natural gas made under this Act or the former Act, before or after the coming into force of this section, is deemed not to include petroleum or natural gas recoverable from oil sand or oil shale unless the disposition otherwise specifically states. 125.2 (1) On application under subsection (2), the minister may exempt a person from an obligation under this Act to make a rental payment, or relieve the person from a consequence under this Act on failure to make a rental payment, if the minister is satisfied that the person is in the prescribed circumstances. (2) An application for a reduction under subsection (1) must be made in accordance with the regulations.

125.3 Subject to the regulations, this Part does not apply in relation to the following lands:
(a) treaty lands of a treaty first nation;
(c) Nisg̱a'a Fee Simple Lands within the meaning of the Nisg̱a'a Final Agreement;
(d) the lands over which the Supreme Court of Canada in Tsilhqot'in Nation v. British Columbia, 2014 SCC 44, granted a declaration of Aboriginal title and the lands found by the British Columbia Supreme Court in Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700, to be proven title area outside the claim area. 125.4 (1) The government has a right to explore for, access, develop and use storage reservoirs for the purpose of storing or disposing of
(b) a substance referred to in

section 50 (2) (b), or
(2) No compensation is payable by the government, and proceedings must not be commenced or continued to claim compensation from the government or to obtain a declaration that compensation is payable by the government, in respect of the effect of this section or

section 125.3, or the regulations referred to in those sections. (3) For certainty, subsection (2) does not limit the operation of Part 17 [Entry on Private Land]. 126 (1) A person must not explore for a storage reservoir unless
(i) the person is licensed by the minister under subsection (3), or
(ii) the exploration consists only of geophysical exploration, and
(b) the exploration is carried out in accordance with the Energy Resource Activities Act. (2) An applicant for a licence under subsection (3) must make the application to the minister in a form suitable to the minister.

(3) The minister may grant a licence to a person to explore for a storage reservoir, grant the licence for a period of time the minister determines and subject to conditions the minister determines, or the minister may refuse to grant the licence. (4) A licensee under this section must not carry out exploration under the licence within 3 km of a mine as defined in the Mines Act or of a storage reservoir unless the regulator authorizes that exploration under the Energy Resource Activities Act. 129.1 A person must not use a storage reservoir to store or dispose of a substance described in

section 125.4 (1) unless the person does so in accordance with
(a) a lease under Part 6 [Petroleum and Natural Gas Leases], or
(b) a licence under

section 130 [storage reservoir licence]. 130 (1) A person may apply to the minister for a licence under subsection (3). (2) An applicant under subsection (1) for a licence under subsection (3) must
(a) meet the prescribed requirements, and
(b) make the application to the minister in a form and manner the minister requires. (2.1) The minister must evaluate an application under subsection (1) in accordance with prescribed requirements. (3) The minister may grant to a person who applies under subsection (1) of this section a licence to access, develop or use a storage reservoir to store or dispose of a substance described in

section 125.4 (1), and the minister may grant a licence that is different than the one applied for or may refuse to grant a licence. (4) A person may not transfer a licence granted under subsection (3) without the approval of the minister. (5) The minister may, in accordance with the regulations,
(a) amend the terms of a licence granted under subsection (3), and
(b) approve the transfer of a licence granted under subsection (3). 132 Without limiting

section 133, the Lieutenant Governor in Council may make regulations as follows:

section 125.3, providing that this Part applies to some or all of the lands described in that section;
(b) providing that any or all of the provisions of this Part do not apply in relation to land, a person or operation or a class of lands, persons or operations;
(c) respecting applications for licences under this Part, including, without limitation, publication of applications;
(d) respecting licences under this Part, including, without limitation,
(i) the form, content and terms and conditions of licences, or
(ii) rents to be charged under licences under

section 130 (3) and the payment or collection of rents;
(d.1) prescribing requirements for the purposes of

section 130 (2) (a) or (2.1);
(d.2) respecting amendments and transfers under

section 130 (5);
(e) respecting the application of any or all of the provisions of the Fire Safety Act or of regulations made under the Fire Safety Act to a storage reservoir or to a person who explores for, develops or uses a storage reservoir. Part 15 — Regulations and Penalties
133 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) Without limiting subsection (1), the Lieutenant Governor in Council may do the following:
(a) make regulations to meet any difficulties that may arise by reason of the repeal of the former Act and the substitution of this Act;
(b) order a cancellation of a reserve of petroleum or natural gas, or both, effective not earlier than one week after publication in the Gazette of notice to that effect signed by the minister;
(c.1) prescribe penalties for the purposes of

section 47 (7);
(c.2) make regulations respecting drilling licences and, without limiting this, prescribe fees and rents for the purposes of sections 49.1 and 49.2, dates for the purposes of

section 49.2 (2), reinstatement fees for the purposes of section 49.2 (3) (b) and circumstances for the purposes of section 49.3;
(d.2) make regulations respecting the dimensions of locations of permits, licences and leases;
(d.3) prescribe requirements for the purposes of

(d.5) prescribe special projects for the purposes of

section 58 (1) (b);
(e.1) make regulations respecting the expiry of leases and drilling licences, including, without limiting this, regulations
(i) authorizing the minister, in the prescribed circumstances, to continue leases and drilling licences,
(ii) prescribing fees and penalties for continuations authorized under subparagraph (i), including different fees and penalties for different continuations, and
(iii) increasing, decreasing or waiving, for a continuation authorized under subparagraph (i), the rent prescribed for the purposes of

section 49.2 or 54, as the case may be;
(f) and (g) [Repealed 2008-36-195.]

(i) make regulations requiring a person or a class of persons who use a storage reservoir or who produce, process, transport, acquire or offer to acquire, use, inject or dispose of petroleum or natural gas or sulphur, or a class of petroleum or natural gas or sulphur, to provide the information, relating to petroleum or natural gas or sulphur or a class of petroleum or natural gas or sulphur, that is required in the regulations or by a person or class of persons identified in the regulations
(i) to the person or class of persons specified in the regulations, and
(ii) at the time and in the form and manner specified in the regulations or by a person or class of persons identified in the regulations;
(i.1) make regulations requiring persons who fail to comply with

section 74 (1) (b) or the regulations made under paragraph (i) of this subsection to pay penalties, and make regulations prescribing those penalties;
(j) make regulations respecting the amendment of, or limitations on the amendment of, information or a class of information required by a regulation prescribed under paragraph (i);
(j.1) make regulations providing for the disclosure, under

section 122.1 (5) (c) (vii), of information and records;
(j.2) prescribing enactments for the purposes of

section 122.1 (5) (j);
(k) make regulations defining, for the purpose of this Act or the regulations, any word or expression not defined in this Act;
(l) make regulations defining or describing the Peace River Block;
(m) make regulations defining the petroleum and natural gas grid by means of a set of universal transverse mercator map projection coordinates;
(n.1) make regulations respecting eligibility for continuation under

(n.2) prescribe rentals and penalties for the purposes of

section 62, including different penalties for different continuations;
(n.3) prescribing circumstances and classes of agreements for the purposes of

section 78.1 (2) and a number of years for the purposes of section 78.1 (4);
(o.1) respecting the publication of notices under

section 71 (2);
(i) name changes and other required purposes,
(iii) under Part 14, applications or classes of applications,
(iv) under Part 14, licences or classes of licences, and
(v) a provision of this Act that refers to a fee or a prescribed fee;
(s) make regulations for the unitization of a pool, field or reservoir for drilling, producing, storing or disposing;
(t) prescribe the amount and disposition of deposits required under this Act;
(u) make regulations respecting
(i) the designation under

section 139 of portions of Crown land for development roads, and
(ii) the layout, design, construction, operation, use, maintenance and deactivation of development roads or classes of development roads;
(u.1) make regulations prescribing, for development roads, annual rentals referred to in

section 139 (3);
(v) prescribing substances for the purposes of the definitions of "storage reservoir" and "storage well" in

section 1, including water required for the storage, recovery or disposal of another prescribed substance;
(w) prescribing areas of the land surface or subsurface for the purposes of the definition of "spacing area" in

section 125.2 (1) and make regulations respecting applications under section 125.2 (2);
(y) make regulations exempting, with or without conditions, a person or a class of persons from a provision of this Act or the regulations;
(z) make regulations respecting penalties imposed under this Act. (4) In making a regulation under this Act, the Lieutenant Governor in Council may make different regulations for different persons, places, things, decisions, transactions, activities or circumstances. 133.1 (1) To promote the efficient use of the petroleum and natural gas reserves in British Columbia, the minister, by regulation, may limit the total amount of petroleum or natural gas that may be produced from a well, field or pool to an amount specified in the regulation or order.

(2) If satisfied that it is necessary to do so because of an emergency or a disruption of service, the minister, by order, may determine
(a) the maximum amount of petroleum or natural gas that may be produced from a well, field or pool and distributed through gathering and processing facilities, and
(b) the method by which the production and distribution referred to in paragraph (a) must be carried out. (3) The regulator may, by order, allocate the amount of petroleum or natural gas that may be produced from a pool in a manner among the wells in the pool so that each owner may produce or receive a share of the petroleum or natural gas that is fair in the opinion of the regulator.

134 (1) Every person who contravenes a provision of this Act, other than

section 122.1, or the regulations commits an offence and is liable on conviction to a fine of not less than $5 000 or more than $100 000. (2) If an offence against this Act or the regulations continues for more than one day, each day the offence continues is deemed to be a separate offence. (3) If a corporation is convicted of an offence under this section, an officer, director or agent of a corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable to the punishment provided under subsection (1).

(a) makes or participates in, assents to or acquiesces in the making of false or deceptive statements in books or records in a return, certificate, statement or answer filed or made as required under this Act,
(b) destroys, alters, mutilates, secretes or otherwise disposes of books or records to evade payment of a royalty imposed under this Act,
(c) makes, or assents to or acquiesces in the making of, false or deceptive entries in books or records required under this Act,
(d) omits, or assents to or acquiesces in the omission of, entries in books or records required under this Act, or
(e) wilfully, in any manner, evades or attempts to evade compliance with this Act or the regulations or payment of royalties imposed under this Act
commits an offence and, in addition to any penalty otherwise provided, is liable on summary conviction to
(f) a fine of not less than 25% and not more than double the amount of the royalty that was sought to be evaded, or
(g) both the fine described in paragraph (f) and imprisonment for a term not exceeding 2 years.

(5) A person does not commit an offence under subsection (3) or (4) (a) or (c) in respect of a false or deceptive statement or entry if the person did not know that the statement or entry was false or deceptive and, in the exercise of reasonable diligence, could not have known that the statement or entry was false or deceptive. 134.1 (1) A person commits an offence if the person

section 122.1 (2), or
(b) knowingly contravenes an order made under

section 122.1 (8). (2) A person commits an offence if
(a) the person has been provided with confidential information for a particular purpose under

section 122.1 (5) (a) to (d), (g), (h) or (j), and
(b) the person knowingly, for a purpose other than the purpose referred to in paragraph (a), uses the information, provides the information or allows the information to be provided to any person or allows any person to access the information.

(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to one or both of the following:
135 If a holder of a permit, licence or lease fails to comply with a provision of
(a) this Act, the regulations or a notice or an order under this Act or the regulations,
(b) the Energy Resource Activities Act or the regulations under that Act, or
(c) a term, promise or condition of the holder's permit, licence or lease,
the minister may, after giving 60 days' notice to the holder of the location, cancel the permit, licence or lease. 136 (1) If the minister cancels a permit, licence or lease under

section 135, the holder, not more than 30 days after the date of the cancellation, may appeal the minister's decision to the Supreme Court. (2) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

Part 16 — Entry on Restricted Land or Unoccupied Crown Land
138 (1) Subject to subsection (2), on application by a person who is
(a) a permit holder as defined in the Energy Resource Activities Act, or
(b) an applicant for a permit under the Energy Resource Activities Act,
and on submission by the person of plans or other information required by the regulator, the regulator, subject to any terms or conditions the regulator considers appropriate, may authorize the person to enter, occupy or use unoccupied Crown land
(c) to carry out an oil and gas or storage activity,
(d) to carry out a related activity, or
(e) to comply with an order of the regulator.

(2) The Lieutenant Governor in Council may make regulations respecting the criteria the regulator must use in exercising its discretion under subsection (1). 139 (1) The regulator, subject to any terms or conditions the regulator considers appropriate, may designate portions of unoccupied Crown land, whether or not they are in a location, to be a development road for the purposes of exploring for, developing or producing petroleum or natural gas or exploring for, developing or using a storage reservoir. (2) A holder of a location may apply for a designation under subsection (1). (3) An application must be accompanied by the application fee, prepayment of the prescribed annual rental, if any, and further information required by the regulator.

(4) A person may not construct or use a development road except in accordance with the regulations and the terms that apply to it. (5) Despite

section 73 of the Assessment Act, a development road designated under subsection (1) must not, under another Act, be assessed or taxed as an improvement or as land or property. 140 (1) Unless authorized under subsections (2) to (4), a person may not enter, occupy or use restricted land
(a) to carry out an oil and gas or storage activity,
(b) to carry out a related activity, or
(c) to comply with an order of the regulator. (2) For the purposes of subsection (1), a person is authorized to enter, occupy or use land described in paragraph (a) of the definition of "restricted land" in

section 1, if the person has been authorized for that entry, occupation or use by the minister responsible for the administration of the Act under which the land is administered. (3) For the purposes of subsection (1), a person is authorized to enter, occupy or use land described in paragraph (b) of the definition of "restricted land" in

section 1, if the person has entered into an agreement with the railway company, authorizing the entry, occupation or use of the land. (4) For the purposes of subsection (1), a person is authorized to enter, occupy or use land described in paragraph (c) of the definition of "restricted land" in

section 1, if the person has been authorized for that entry, occupation or use by the minister responsible for the administration of the Act that restricts or prohibits access to the land.

Part 17 — Entry on Private Land and the Surface Rights Board
"flow line" has the same meaning as in the Energy Resource Activities Act;
"land" means the surface of land other than restricted land or unoccupied Crown land;
"landowner" means the owner of land that is subject to a right of entry or a proposed right of entry;
"occupant" means a person who is entitled to possess or occupy land under an agreement, other than a surface lease, with an owner of land;
"owner", in relation to land, means either of the following:
(a) a person registered in the land title office as the registered owner of the land or as its purchaser under an agreement for sale;
(b) a person to whom a disposition of the land has been issued under the Land Act,
but does not include the government;
"rental provision" means a provision of a surface lease or order of the board dealing with rent or compensation payable by a right holder to a landowner;
"right holder" means a person who holds a right of entry;
"right of entry" means an authorization under

section 142 (d) or (e) to enter, occupy or use land for a purpose described in section 142 (a) to (c);
"surface lease" means a lease, easement, right of way or other agreement authorizing the entry, occupation or use of land for a purpose described in

section 142 (a) to (c). (2) For the purposes of this Part,
(a) an order of a designated mediator referred to in

section 152 (3) is an order of the board, and
(b) a mediation meeting with a designated mediator referred to in

section 152 (3) is a board proceeding. Division 2 — Authority to Enter Private Land
142 Subject to

section 39 of the Energy Resource Activities Act, a person may not enter, occupy or use land
(c) to comply with an order of the regulator,
unless the entry, occupation or use is authorized under
(d) a surface lease with the landowner in the form prescribed, if any, or containing the prescribed content, if any, or
"termination date", in relation to a right of entry, means
(a) if the right of entry has not been exercised, the date of termination of the right of entry under

section 167 (3) (c) or section 176 (1) (c),
(b) if the right of entry relates to an orphan site, the date determined by the regulator under

section 45 (5) (c) of the Energy Resource Activities Act, and
(c) in all other cases, the date on which the regulator has issued, under the Energy Resource Activities Act, a certificate of restoration for the land. (2) Subject to subsections (3) and (4), a right holder is liable
(a) to pay compensation to the landowner for loss or damage caused by the right of entry, and
(b) except where the right of entry relates to a right of way for a flow line, to pay rent to the landowner for the duration of the right of entry.

(3) If the term of a surface lease or order of the board granting a right of entry ends before the termination date, the rental provisions of the surface lease or order continue to apply until the termination date unless the landowner and the right holder otherwise agree or the board otherwise orders under this Part. (4) Subsection (3) applies despite the terms of the surface lease or order granting the right of entry, whether made before or after the coming into force of this section, and subsection (3) and this subsection are retroactive to the extent necessary to give effect to their provisions.

144 A person may not enter, occupy or use land to carry out geophysical exploration unless the person has entered into an agreement with the owner of the land authorizing the entry, occupation or use. 145 (1) This Part, except

section 144, does not apply to the entry, occupation or use of land relating to geophysical exploration. (2) This Part does not apply to the entry, occupation or use of land relating to a pipeline, other than a flow line. Division 3 — Surface Rights Board
146 (1) The Mediation and Arbitration Board is continued as the Surface Rights Board consisting of up to 9 individuals appointed as follows by the Lieutenant Governor in Council after a merit-based process:
(a) one member designated as the chair;
(b) one member designated, after consultation with the chair, as the vice chair;
(c) other members appointed after consultation with the chair.

(2) An order, authorization, decision or rule made under Part 3, before its repeal, by
(a) the Mediation and Arbitration Board,
that was in effect immediately before the coming into force of this section is deemed to be an order, authorization, decision or rule of the Surface Rights Board. (3) A reference to the Mediation and Arbitration Board in any record, including, without limitation, any surface lease, lease, licence, permit, authorization or other contract, instrument, document or certificate is deemed to be a reference to the Surface Rights Board.

147 The board has jurisdiction in relation to any or all of the following:
(a) an application under Division 5 by a person who requires a right of entry or by a landowner;
(b) an application under Division 6 for mediation and arbitration;
(c) an order for payment of costs or advance costs under Division 7;
(d) any other matter in respect of which the board has jurisdiction under this or another Act. Division 4 — Operations of the Board
148 The following provisions of the Administrative Tribunals Act apply to the board:
(i)

(iv)

(v)

section 34 (1) and (2) [party power to compel witnesses and order disclosure];
(e)

(g)

section 49 [contempt proceeding for uncooperative witness or other person];
(j)

section 53 (1) to (3) and (5) [amendment to final decision];
(n)

section 60 (1) (a) to (c) and (g) to (i) and (2) [power to make regulations];
(s)

section 61 [application of Freedom of Information and Protection of Privacy Act]. 149 (1) The board may sit at any place in British Columbia. (2) A member of the board, or an employee of the board authorized by the chair, may, in the performance of the duties of the member or employee, enter and inspect land and improvements, other than a residence, or equipment located on land.

150 (1) Subject to the rules of the board, an application to the board must be made in the form the board requires and must be accompanied by
(a) proof that a copy of the application has been served in accordance with the rules of the board on
(i) each person likely to be directly affected by an order,
(ii) any other person who, in accordance with the rules of the board under subsection (2), must be served with a copy of the application, and
(iii) any other person that the board determines should be a party to the application, and
(b) if Crown land is likely to be directly affected by an order, an affidavit verifying service of the application by registered mail on the regulator and the minister responsible for the administration of the Land Act.

(2) The board may make rules identifying persons or classes of persons who must be served with a copy of an application. 151 (1) If it appears to the board that an application does not contain sufficient information to permit the application to be heard and considered, or that the applicant has not served every person the applicant is required to serve, the application is not complete until the applicant provides the board with the information or submits an affidavit verifying service of the application on every person the applicant is required to serve, as applicable. (2) Subject to subsection (3), on receipt of a complete application under this Part, the board must schedule proceedings of the board in accordance with its rules.

(3) The board, on its own motion or on application, may make an order staying proceedings of the board if the board determines an approval of the regulator is required before the proceedings of the board begin or continue. 152 (1) The parties to an application to the board must participate in mediation under this section unless
(a) otherwise ordered by the board, or
(b) the rules of the board provide that mediation is not required. (3) On receipt by the board of an application under this Part, a member of the board designated by the chair of the board must act as the mediator for the purpose of assisting the parties to resolve the application in accordance with the rules of the board.

(4) The mediator may make procedural orders relating to the mediation. (5) If, after any mediation meeting, an application is not withdrawn or resolved, the mediator may, by order,
(a) set one or more additional mediation meetings, or
(b) if the mediator believes that the application cannot be resolved by mediation, refer the application to the board for arbitration. (6) A mediator may not make orders in respect of an application other than those provided for in subsections (4) and (5) of this section and in sections 153, 159 and 160.

(7) An application must be arbitrated by the board if the application has not been withdrawn and
(a) mediation is not required in respect of the application under subsection (1) or (2), or
(b) the application has been referred by a mediator to the board for arbitration. (8) A person who acts as a mediator cannot participate in arbitration by the board with respect to the same application unless all the parties to the application consent. (9) A position taken by a party in mediation under this section is without prejudice to the position that the party may take in any other proceeding before the board.

(10) The board, on its own motion or on application, may at any time refer the parties back to mediation or to another dispute resolution process. 153 On the request of the parties to an application under this Part, the board or a designated mediator referred to in

section 152 (3) may make a consent order resolving an application.

154 (1) In determining an amount to be paid periodically or otherwise on an application under this Part, the board may consider, without limitation, the following:
(a) the compulsory aspect of the right of entry;
(b) the value of the applicable land;
(c) a person's loss of a right or profit with respect to the land;
(d) temporary and permanent damage from the right of entry;
(e) compensation for severance;
(f) compensation for nuisance and disturbance from the right of entry;
(g) the effect, if any, of one or more other rights of entry with respect to the land;
(h) money previously paid for entry, occupation or use;
(i) the terms of any surface lease or agreement submitted to the board or to which the board has access;
(j) previous orders of the board;
(k) other factors the board considers applicable;
(l) other factors or criteria established by regulation.

section 166, the board must consider any change in the value of money and of land since the date the surface lease or order was originally or last granted. 155 (1) The board, on its own motion or on application, may reconsider an order of the board, and may confirm, vary or rescind the order. (2) The board may make rules as follows:
(a) specifying the circumstances in which subsection (1) applies;
(b) respecting practice and procedure relating to the exercise of the authority of the board under subsection (1).

156 The board, on application, may order that the requirements for service of a document on a person under this Part are deemed to have been met if
(a) the board is satisfied that the applicant has reasonably attempted to serve the person in accordance with the rules of the board but has been unable to serve the person, and
(b) the applicant has sent a copy of the document by registered mail to the last known address, if any, of the person. Division 5 — Authority to Enter Land
157 In this Division, "right of entry order" means an order under

section 159 (1). 158 A person who requires a right of entry or the landowner may apply to the board for mediation and arbitration if the person and the landowner are unable to agree on the terms of a surface lease. 159 (1) If an application is made under

section 158, the board or a designated mediator referred to in section 152 (3) may make an order authorizing a right of entry, subject to the terms and conditions specified in the order, if the board or the mediator, as applicable, is satisfied that an order authorizing the right of entry is required for a purpose described in section 142 (a) to (c). (2) A mediator who has made an order under subsection (1) may continue mediation in order to assist in resolving any issues between the parties to the mediation. (3) A right of entry order may be conditional on the person who is seeking the right of entry receiving approval from the regulator to undertake an activity for a purpose described in

section 142 (a) to (c). (4) A right of entry order made by a mediator must, as a condition of the order, require the person who is seeking the right of entry to pay to the landowner, on account of rent, if any, or compensation that may be ordered under

section 162 (1) (a), an amount of money ordered by the mediator. (5) If a right of entry order is granted, the right holder must serve a certified copy of the order on the landowner, the occupant, if any, and the regulator in accordance with the rules of the board. (6) If a right of entry order is granted on application by the person seeking the right of entry, the right holder must not exercise the right of entry until
(a) the right holder has served a certified copy of the order on the landowner under subsection (5), or
(b) the board has made an order under

section 156 that the requirements for service of the order on the landowner are deemed to have been met. 160 (1) A right of entry order may, as a condition of the order, require the person who is seeking the right of entry to deposit with the board security in the amount, form and manner that the mediator or the board considers necessary for the purpose of ensuring that the landowner will be paid any amount that is subsequently ordered by the board to be paid by the person to the landowner. (2) In determining the amount, form and manner of security to be deposited under subsection (1), the mediator or the board must consider any practice directive issued by the board with respect to security deposits.

(3) Subject to subsection (4), the board, on application, may determine the disposition of security, or any part of it, as between the person who deposited the security and the current landowner. (4) If the board is satisfied that a person who deposited security with the board subsequently transferred, in accordance with this Act or the Energy Resource Activities Act, the right to explore, develop or produce petroleum or natural gas in the land to which the security deposit relates, the board, on application, may determine the disposition of the security, or any part of it, as between the person to whom the right was transferred and the current landowner. 161 (1) If a landowner does not attend the proceedings in respect of an application under

section 158, the board, after hearing representation by or on behalf of the applicant and persons other than the landowner that are likely to be directly affected by an order, may make a right of entry order if
(a) a copy of the application has been served on the landowner in accordance with the rules of the board, or

section 156 that the requirements for service of the application on the landowner are deemed to have been met. (2) A landowner whose land is subject to a right of entry order under subsection (1) of this section may apply to the board for an order under sub

section 162 (1) (a). 162 (1) Unless the parties to an application otherwise agree, if the board or a mediator has made a right of entry order, the board, by order,
(a) must determine the amount of rent, if any, or compensation to be paid to the landowner, and
(b) may make a determination in relation to security deposited or any portion of it remaining on deposit under

section 160, and may distribute the security or a portion of it in accordance with that determination. (2) An amount determined under subsection (1) (a) may include, without limitation, compensation to the landowner relating to negotiation with the right holder before the application was made to the board. (3) The board may order that interest is payable on an amount determined under subsection (1) (a). (4) If a mediator has made an order under

section 159 (4), the following apply:
(a) if the amount paid under

section 159 (4) is less than or equal to the amount determined under section 162 (1) (a), the landowner is entitled to receive the difference, if any;
(b) if the amount paid under

section 159 (4) exceeds the amount determined under section 162 (1) (a), the board, on application, may order the landowner to pay the excess to the right holder.

Division 6 — Board Orders Relating to Rights of Entry
163 (1) A person may apply to the board for mediation and arbitration if the person
(a) is a landowner or occupant of land that is subject to a right of entry, and the exercise of the right of entry causes damage to the land or other land of the owner or occupant or causes loss to the owner or occupant, or
(b) is the owner or occupant of land immediately adjacent to land that is subject to a right of entry, and the exercise of the right of entry causes damage to the adjacent land or causes loss to the owner or occupant.

(2) On application under subsection (1), the board may order the right holder to pay compensation to the landowner or owner or occupant for damage to the land of the landowner, owner or occupant or loss to the landowner, owner or occupant as a result of the exercise of the right of entry, including, without limitation, compensation relating to negotiation with the right holder before the application was made to the board. (3) The board may order that interest is payable on an amount payable under subsection (2).

164 (1) A party to a surface lease may apply to the board for mediation and arbitration in respect of either or both of the following:
(a) a disagreement respecting the operation of or compliance with a term of the surface lease;
(b) a disagreement respecting whether the surface lease should be amended based on a claim by a party that the oil and gas or storage activity or related activity as approved by the regulator on the land that is subject to the surface lease is substantially different from the oil and gas or storage activity or related activity that was proposed during the negotiation of the surface lease.

(2) On application under subsection (1) (a), the board may do any or all of the following:
(a) make an order confirming the right of entry under the surface lease, subject to the terms and conditions specified in the order, if any;
(b) if the board is satisfied that a party to the surface lease has failed to comply with an obligation under the surface lease, order that party to pay compensation to the other party for that failure;
(c) order that interest is payable on an amount payable under paragraph (b);
(d) order that compensation awarded under paragraph (b) is payable by a party instead of the party complying with an obligation under the surface lease.

(3) On application under subsection (1) (b), or in making an order under subsection (2) (d), the board may make an order amending the terms of the surface lease from the effective date set out in the order. 165 (1) This section and

section 166 apply despite
(a) the terms of a surface lease or order containing rental provisions made at any time before or after the coming into force of this section, or
(b) anything done under the surface lease or order before or after that time. (2) Subject to subsection (3),
(a) a right holder who holds a right of entry under a surface lease or order of the board, or
(b) the landowner whose land is subject to the right of entry
may serve notice on the other party, in the form and manner established by the rules of the board, requiring a negotiation of an amendment to the rental provisions in the surface lease or order.

(3) A notice under subsection (2) may not be served before the 4th anniversary of the later of the following:
(a) the effective date of the surface lease or order to which the notice relates;
(b) the effective date of the most recent amendment to the rental provisions in the surface lease or order agreed to by the parties or ordered by the board, if any. (4) A person serving notice under subsection (2) must file a copy of the notice with the board in accordance with its rules. (5) If persons giving and receiving a notice under subsection (2) agree to amend the rental provisions in a surface lease, the right holder must submit a copy of the agreement to the board under

section 178 (2). (6) If persons giving and receiving a notice under subsection (2) agree to an amendment of the rental provisions in an order, the right holder must submit a copy of the agreement to the board and the board may amend the order to reflect the agreement of the parties. (7) An amendment of the rental provisions in a surface lease or order of the board under this section is effective from the anniversary of the effective date of the surface lease or order immediately preceding the notice under subsection (2) and is retroactive to the extent necessary to give effect to this subsection. 166 (1) If persons giving and receiving a notice under

section 165 (2) do not agree to an amendment of the rental provisions in the surface lease or order to which the notice relates within 60 days after receipt of the notice, either party may apply to the board to resolve the disagreement. (2) An application under subsection (1) of this section may be accompanied by an application for mediation and arbitration under

section 163 (1) (a). (3) On application under subsection (1) of this section, the board may make an order varying the rental provisions in the surface lease or order. (4) An order under subsection (3) of this section varying the rental provisions in the surface lease or order of the board is effective from the anniversary of the effective date of the surface lease or order immediately preceding the date of the notice under

section 165 (2) and is retroactive to the extent necessary to give effect to this subsection. 167 (1) A right holder who holds a right of entry under a surface lease or an order of the board may, on not less than 90 days' notice to the landowner, apply to the board for an order terminating the surface lease or order if at least 2 years have expired since the effective date of the surface lease or order.

(2) A landowner whose land is subject to a right of entry under a surface lease or an order of the board may, on not less than 90 days' notice to the right holder, apply to the board for an order terminating the surface lease or order if
(a) at least 2 years have expired since the effective date of the surface lease or order, and
(b) the right holder has not exercised the right of entry in that period.

(3) On application under subsection (1) or (2), the board must hear representation by or on behalf of the applicant and persons likely to be directly affected by an order resulting from the application, and may
(a) make an order dismissing the application with or without terms or conditions,
(b) if the right of entry has been exercised, make an order terminating the right of entry, subject to the terms or conditions specified in the order, including all of the following conditions:
(i) the right holder removing all equipment and facilities used in respect of the exercise of the right of entry;
(ii) the right holder restoring all land directly affected by the exercise of the right of entry;
(iii) the receipt by the right holder of a certificate of restoration by the regulator in respect of the land that is subject to the right of entry, or
(c) if the right of entry has not been exercised, make an order terminating the right of entry with or without terms or conditions.

(4) An order under subsection (3) may include an award of money for any or all of the following amounts that have not been received at the time of the order:
(a) rent or compensation for the right of entry that is the subject of the application;
(b) damages in relation to the right of entry;
(c) any other amounts owing under the surface lease or past orders of the board. (5) An order under subsection (3) may include an order that interest is payable on an amount payable under subsection (4). (6) The board may order that compensation awarded under subsection (4) is payable instead of rent or compensation provided for under a surface lease or an order of the board.

(7) A hearing is not required in respect of an application under subsection (1) or (2) if all persons likely to be directly affected agree to the termination of the surface lease or order. (8) If any term or condition in an order under subsections (3) to (5) is not complied with, the board may order that additional money is payable as compensation for that non-compliance.

168 In this Division:
"actual costs" includes, without limitation, the following:
(a) actual reasonable legal fees and disbursements;
(b) actual reasonable fees and disbursements of a professional agent or expert witness;
(c) other actual reasonable expenses incurred by a party in connection with a board proceeding;
(d) an amount on account of the reasonable time spent by a party in preparing for and attending a board proceeding;
"landholder" means an owner of land or occupant who is a party to an application under this Part;
"operator" means a party to an application under this Part in relation to a right of entry who
169 (1) Subject to any regulations, the board may, on application, order the operator to pay to the landholder, as advance costs, all or part of the amount that the board anticipates will be the landholder's actual costs awarded by the board under

section 170. (2) If the board is satisfied that an operator has failed to comply with an order under subsection (1), the board may refuse to proceed with the application until the operator complies with the order. 170 (1) Subject to any regulations, the board may order a party to an application under this Part or an intervener to pay any or all of the following:
(a) all or part of the actual costs incurred by another party or intervener in connection with the application;
(b) part of the actual reasonable legal fees and disbursements and other reasonable costs and expenses incurred by the board in connection with the application, if the board considers the conduct of a party or intervener has been improper, vexatious, frivolous or abusive.

(2) If actual costs are awarded under this section to a landholder who has received an amount as advance costs under

section 169, the following apply:
(a) if the amount received as advance costs exceeds the amount of actual costs awarded under this section,
(i) the operator may deduct the difference from any amounts of rent or compensation payable to the landholder in relation to the right of entry, and
(ii) if all rent and compensation, if any, has been paid, the board, on application, may order the landholder to pay the excess to the operator;
(b) if the amount received as advance costs is less than or equal to the amount of actual costs awarded under this section, the landholder is entitled to receive the difference, if any.

Division 8 — Provisions Relating to Board Orders
171 (1) If the board makes an order authorizing or terminating a right of entry with respect to land that is registered under the Land Title Act, the person whose right of entry is authorized or terminated by the order must file a certified copy of the order with the registrar of the appropriate land title district, who, on payment of the appropriate fees, must endorse the land title records accordingly.

(2) If a person fails to file a certified copy of an order in accordance with subsection (1), on application by the landowner, the board may file a certified copy of the order with the registrar of the appropriate land title district, who, on payment of the appropriate fees by the board, must endorse the land title records accordingly.

(3) If the board files a certified copy of an order under subsection (2), the board may order the person who failed to file the certified copy of the order under subsection (1) to pay to the government
(a) fees paid by the board to the registrar under subsection (2),
(b) reasonable costs incurred by the board with respect to the filing of the certified copy of the order under subsection (2) and the preparation of an order under this subsection, and
172 A certified copy of an order of the board signed by the chair of the board, or by an employee of the board designated in writing by the chair, must be admitted as evidence of the order by the board.

173 (1) A right holder may assign an order of the board
(a) by serving notice of the assignment on the other parties named in the order,
(b) by filing a certified copy of the assignment with the board, and
(c) if the land that is subject to the order is registered under the Land Title Act, by filing the assignment with the registrar of the appropriate land title district, who, on payment of the appropriate fees, must endorse the assignment against the indefeasible or absolute title of the land that is the subject of the assignment. (2) An order of the board applies to the current owner or occupant, from time to time, of the land that is the subject of the order.

174 (1) The following orders of the board may be enforced in the same manner as a writ of possession issued by a court:
(a) an order under Division 5 granting a right of entry;

section 164 (2) (a) confirming a right of entry under a surface lease. (2) If a landowner whose land is subject to a right of entry under a surface lease or order of the board refuses to allow the right holder to exercise the right of entry, on application by the right holder, the board may make an order permitting the right holder to deduct from any amounts of rent or compensation payable under the surface lease or order, an amount covering the cost of and incidental to enforcing the right of entry, which amount is at the sole discretion of the board.

175 A certified copy of an order of the board may be filed at any time with the Supreme Court or Provincial Court, and, if filed, the order has the same force and effect, and all proceedings may be taken on it, as if it were an order of the court.

176 (1) If a right holder fails to pay rent or compensation owing under a surface lease or order of the board granting the right holder a right of entry, on application by the person entitled to receive the rent or compensation, the board, by order, may do any one or more of the following:
(a) suspend the right of entry with or without terms or conditions;
(b) determine the unpaid amount and order that interest is payable on that amount;
(c) terminate the right of entry with or without terms or conditions;
(d) if the right of entry is terminated under paragraph (c), determine the amount of rent, if any, or compensation owing by the right holder to the date of the termination and order that interest is payable on that amount.

(2) If the board suspends or terminates a right of entry, the board must, in accordance with the rules of the board, serve notice of the suspension or termination on the right holder, the owner of the land, the occupant, if any, and the regulator. (3) If a right of entry is suspended under subsection (1) (a) of this section, the obligations of the right holder under the surface lease or order to pay rent, if any, and compensation continue during the period of the suspension. (4) A suspension of a right of entry under subsection (1) (a) terminates on the date set by the board.

(5) If the suspension of a right of entry is terminated under subsection (4), the board must, in accordance with the rules of the board, serve notice of the termination on the persons who received notice under subsection (2). 177 A person to whom an order of the board applies must comply with the order.

Division 9 — Surface Lease Information
178 (1) A right holder who holds a right of entry under a surface lease must submit to the board, not more than 90 days after the date the right holder acquires the right of entry,
(a) the right holder's name and address,
(b) a description of the land that is subject to the right of entry, and
(c) a copy of the surface lease, including the terms of the right of entry and any rental provisions. (2) A right holder described in subsection (1) must submit to the board a copy of any agreement amending a surface lease not more than 90 days after the date of execution of the amending agreement.

(3) A surface lease or amending agreement submitted to the board must be available for public inspection at the office of the board during its regular office hours. (4) The board may publish prescribed information derived from a surface lease or agreement submitted to the board in a form and manner the board considers appropriate, including on the internet or by other electronic means. 179 (1) Subject to any regulations, if the board is satisfied that a right holder has failed to submit a surface lease or agreement as required under

section 178 (1) or (2), the board, without prior notice, may impose an administrative penalty on the right holder in an amount that does not exceed the prescribed amount. (2) If an administrative penalty is imposed on a right holder, the board must serve notice of the administrative penalty on the right holder in accordance with the rules of the board, and the notice must specify the amount of the penalty and the date by which the penalty must be paid. (3) A right holder on whom an administrative penalty is imposed must pay the administrative penalty within 30 days after the date on which the notice referred to in subsection (2) is served on the right holder.

(4) An administrative penalty constitutes a debt payable to the government by the right holder on whom the penalty is imposed. (5) If a right holder fails to pay an administrative penalty in accordance with subsection (3), the board may file with the Supreme Court or Provincial Court a certified copy of the notice imposing the administrative penalty, and, on being filed, the notice has the same force and effect, and all proceedings may be taken on the notice, as if it were a judgment of that court. (6) The board must pay all amounts derived from administrative penalties into the consolidated revenue fund. 180 (1) If the board is satisfied that a right holder has failed to submit a surface lease or agreement as required under

section 178 (1) or (2), the board, without prior notice, may suspend the right of entry under the surface lease until the surface lease or amending agreement has been submitted to the board. (2) If the board suspends a right of entry, the board must, in accordance with the rules of the board, serve notice of the suspension on the right holder, the landowner, the occupant, if any, and the regulator. (3) A suspension of a right of entry takes effect 30 days after the date on which the notice referred to in subsection (2) is served on the right holder.

(4) If a right of entry is suspended, the obligations of the right holder under the surface lease to pay rent, if any, and compensation continue during the period of the suspension. (5) A suspension of a right of entry terminates on the date set by the board, which date must be not later than 30 days after the right holder submits the surface lease or amending agreement to the board. (6) If a suspension of a right of entry is terminated under subsection (5), the board must, in accordance with the rules of the board, serve notice of the termination on the persons who received notice under subsection (2). Division 10 — Regulations for Part
181 Without limiting

section 133, the Lieutenant Governor in Council may make regulations relating to the following:
(a) the form or content of a surface lease for the purpose of

section 142 (d), including, without limitation, terms or conditions that must be contained in a surface lease;
(b) factors or criteria to be considered by the board in determining an amount for the purposes of

section 169 or 170;
(d) prescribing the amount of the penalty referred to in

section 171 (3) (c);
(e) prescribing information or classes of information that the board may publish under

section 75)
Warrant to Enter and Search
British Columbia
County of ..........................................
To [name of police constable] and other persons being police constables under the Police Act:
whereas it appears on the oath of [name] ......................................... that there are reasonable grounds to believe that [describe records and any other things to be searched for and place to be entered and searched]. This is therefore to authorize you [here state any limit on hours of search] to enter and search the said premises to seize the said records and to inspect, examine, measure and evaluate such other things found on the said premises as may relate to royalty under the Petroleum and Natural Gas Act. Dated [month, day, year]....................................., at .......................................... .

.................................................................
A Justice of the Peace in and for
................................................................. Copyright © King's Printer, Victoria, British Columbia, Canada

section 5. (2) A transferor, in an instrument executed by the transferor, or on the transferor's behalf, must describe the parcel of land intended to be transferred or otherwise dealt with, so that the title to the parcel is registrable under the Land Title Act. (3) A transferor must also provide and deposit any further conveyance, other instrument or plan that is required by the registrar. (4) If a transferor, after demand in writing, fails for 30 days to comply with this section, a person entitled or applying to be registered may obtain the necessary description or plan and, unless the parties have agreed otherwise, may recover the expense of obtaining them, including the expenses of a necessary survey, in a court of competent jurisdiction from the transferor.

8 (1) The following interest and rights may be disposed of:
(a) a contingent, executory or future interest in land or a possibility coupled with an interest in land, whether or not the object of the gift, the limitation of the interest or the possibility is ascertained;
(b) a right of entry on land, immediate or future, vested or contingent. (2) A right of entry affecting land, exercisable on breach of condition or for any other reason, may be made exercisable by any person and the persons claiming under the person. (3) For the avoidance of doubt, the exercise of a right of entry under subsection (2) is subject to the Limitation Act.

9 A right of first refusal to land, also known as a right of refusal or right of pre-emption, created before or after this section comes into force is an equitable interest in land. 10 (1) An estate in fee simple must not be changed into a limited fee or fee tail, but the land, whatever form of words is used in an instrument, is and remains an estate in fee simple in the owner. (2) A limitation which, before June 1, 1921, would have created an estate tail transfers the fee simple or the greatest estate that the transferor had in the land. (3) This Act does not prevent the creation of a determinable fee simple or a fee simple defeasible by condition subsequent.

(4) A possibility of reverter or a right of entry for condition broken may be registered under the Land Title Act against the title to the land affected in the same manner as a charge. 11 (1) In this section, "transferred" includes a vesting by declaration of trust or order of court. (2) If, by an instrument executed after April 20, 1891, land is transferred or devised in fee simple, charged, or contracted to be sold by a valid agreement for sale in which the vendor agrees to transfer the land to 2 or more persons, other than personal representatives or trustees, they are tenants in common unless a contrary intention appears in the instrument.

(3) If the interests of the tenants in common are not stated in the instrument, they are presumed to be equal. 12 Spouses must be treated as 2 persons for the purposes of acquisition of land under a disposition made, or coming into operation, before or after this section comes into force.

13 In addition to the owner's other rights and remedies, an owner who, because of the default of another registered owner, has been called on to pay and has paid more than the owner's proportionate share of the mortgage money, rent, interest, taxes, insurance, repairs, a purchase money instalment, a required payment under the Strata Property Act or under a term or covenant in the instrument of title or a charge on the land, or a payment on a charge where the land may be subject to forced sale or foreclosure, may apply to the Supreme Court for relief under

section 14 against the other registered owners, one or more of whom is in default. 13.1 (1) Actions in the nature of the common law action of account may be brought and maintained by one joint tenant or tenant in common against the other as bailiff for receiving more than comes to that person's just share or proportion, and against the executor or administrator of the joint tenant or tenant in common. (2) The registrar or other person appointed by the court to inquire into the account
(a) may administer an oath and examine the parties touching the matters in question, and
(b) is entitled, for taking the account, to receive the allowance that the court orders from the party that the court may direct.

section 13, the court may do one or more of the following:
(a) order that the applicant has a lien on the interest in land of the defaulting owner for the amount recoverable under subsection (2);
(b) order that if the amount recoverable under subsection (2) is not paid by the defaulting owner, within 30 days after the date of service of a certified copy of the order on the defaulting owner or within another period the court considers proper, the defaulting owner's interest in the land be sold under the Supreme Court Civil Rules governing sales by the court;
(c) make a further or other order, including an order that the applicant may purchase the interest in the land of the defaulting owner at the sale.

(2) The amount recoverable by the applicant is the amount the defaulting owner would, at the time the application is made or repayment is tendered, have been liable to contribute to satisfy the defaulting owner's share of the original debt if it had been allowed to accumulate until that time. (3) If there is a sale under this section, the transfer to the purchaser must be executed by the registrar of the court, and, on registration, passes title to the interest in land sold. (4) Surplus money received from the sale must be paid into court to the credit of the defaulting owner.

15 (1) Land may be transferred in freehold only by an instrument expressed to transfer the land, but it is not necessary to use the word grant or any other term of art. (2) A transfer of land may pass the possession or right to possession without actual entry. (3) This section is subject to the Land Title Act. 16 (1) An instrument purporting to transfer, charge or otherwise deal with land or to transfer, release or otherwise deal with a charge need not be executed under seal.

(2) The fixing of a corporate seal to an instrument has the same effect as if the instrument were executed by an individual without a seal unless the provisions of the instrument, by express words or by necessary implication, include an intent by the parties to it that the instrument is to take effect as a deed. 17 In a transfer, contract, will, court order and other instrument affecting land executed, made or coming into operation after October 30, 1979, unless the context otherwise requires,
(a) "month" means calendar month,
(b) "person" includes a corporation,
(c) the singular includes the plural and vice versa, and
(d) a reference to any gender includes a reference to any other gender.

18 (1) A person may transfer land to themselves in the same manner as to another person, and, without restricting that power, a joint tenant may transfer the joint tenant's interest in land to themselves. (2) A trustee or personal representative may transfer land to themselves in the trustee's or personal representative's personal capacity. (3) A transfer by a joint tenant to themselves of the joint tenant's interest in land, whether in fee simple or by a charge, has and is deemed always to have had the same effect of severing the joint tenancy as a transfer to a stranger.

(4) A registered owner may make a transfer directly to themselves jointly with another, and registered owners may make a direct transfer to one or more of their number either alone or jointly with another. (5) An owner in fee simple or an owner of a registered lease or sublease may grant to themselves an easement, a restrictive covenant, or a party wall agreement as defined in

section 223.1 of the Land Title Act over land that the owner owns for the benefit of other land that the owner owns in fee simple, or of which the owner is the owner of a registered lease or sublease, but a grant under this subsection must be consistent with the interests held by the owner as grantor and grantee at the time of the grant. (6) A corporation that owns land in fee simple and is a member of the class of persons named in

section 218 of the Land Title Act, may grant or reserve a statutory right of way over the land to itself. (7) Common ownership and possession of the dominant and servient tenements does not extinguish an easement. (8) Common ownership and possession of the burdened and the benefited land does not extinguish a restrictive covenant. (9) Common ownership and possession of the burdened and the benefited land does not extinguish a party wall agreement as defined in

section 223.1 of the Land Title Act. 19 (1) In the transfer of an estate in fee simple, it is sufficient to use the words "in fee simple" without making specific reference to the transferee's heirs. (2) A transfer of land to a person without words limiting the interest transferred, or to a corporation sole by the corporation sole's corporate designation without the words "successors" passes the fee simple or the greatest estate or interest in the land that the transferor has power to transfer, unless the transfer expressly provides that a lesser estate or a particular interest is being transferred. (3) A voluntary transfer need not be expressed to be for the use or benefit of the transferee to prevent a resulting trust.

(4) Subsections (1) and (2) do not prevent an instrument from operating by way of estoppel. 20 (1) In this section and sections 21 to 24, "agreement for sale" means an agreement for sale as defined in

section 16 (1) of the Law and Equity Act. (2) In sections 23 and 24, "residential mortgage" or "residential agreement for sale" means a mortgage or agreement for sale, registered against the residence where the borrower resides, that was granted, entered into or assumed for the purpose of permitting the borrower
(b) to make improvements to the residence,
(c) to make expenditures for family or household purposes, or
(d) to refinance for any of the purposes referred to in paragraphs (a) to (c).

(3) In subsection (2), reference to the borrower is a reference to
(a) the mortgagor or purchaser under the agreement for sale, or
(b) if the mortgage has been assumed or the purchaser's interest in the agreement for sale has been transferred, the person who assumed the mortgage or the person to whom the purchaser's interest was transferred. (4) A reference in sections 23 and 24 to the "personal covenant" or "covenants" is deemed to be a reference to all covenants, terms and conditions in the mortgage or agreement for sale, and where those sections provide that liability in respect of the personal covenant or covenants ceases, liability ceases with respect to all those covenants, terms and conditions in the mortgage or agreement for sale.

21 (1) In an instrument transferring
(a) an estate in fee simple in land subject to a mortgage, or
(b) the purchaser's interest in an agreement for sale
that is entered into or made after November 30, 1988, there is implied, unless the parties have otherwise agreed in writing, a covenant by the transferee with the transferor to make payments under the mortgage or agreement for sale in accordance with its terms, and to indemnify the transferor against liability to pay the principal sum, interest, any other money secured and liability on any express or implied covenants of the mortgagor or purchaser.

(2) If, in a transfer of an interest referred to in subsection (1),
(a) the amount secured by the mortgage or agreement for sale was not credited to the transferee in calculating the net proceeds payable on completion of the transfer, or
(b) the transfer is in substance a gift,
the obligation to pay and indemnify under subsection (1) does not arise. 22 (1) In this section, "current owner" means
(a) the current registered owner in fee simple of land whose title was acquired subject to a mortgage, or
(b) if the purchaser's interest under an agreement for sale has been transferred, the current registered owner of that interest.

(2) A person who, under a mortgage or agreement for sale, is liable, or has been required to indemnify a person who is liable, is entitled to recover the amount of the person's liability from the current owner. (3) A mortgagee or vendor under an agreement for sale is entitled to
(a) recover from the current owner any amount due and owing under the mortgage or agreement for sale, and
(b) enforce, against the current owner, all covenants, terms and conditions in the mortgage or agreement for sale
as though the current owner had entered into those covenants to make payments or to observe or perform the covenants, terms and conditions referred to in paragraph (b).

(4) Subsections (2) and (3) do not apply if the current owner establishes that the current owner, or a person from or through whom the current owner derived the current owner's right or title to the property, was not
(a) obligated to indemnify the current owner's transferor, or
(b) directly liable to the mortgagee or vendor
in respect of the liability under the mortgage or agreement for sale. (5) The liability of a current owner under subsections (2) and (3) is limited to that amount that the current owner is under an obligation to pay or indemnify the current owner's transferor in respect of liability under the mortgage or agreement for sale.

(6) This section does not abrogate any rights or remedies that a mortgagee, a vendor under an agreement for sale or a person with a right of indemnity may otherwise have or pursue. 23 (1) Despite

section 21 (1), a person who
(a) transfers an estate in fee simple in land subject to a residential mortgage, or
(b) transfers a purchaser's interest under a residential agreement for sale,
ceases to be liable under the personal covenant in the mortgage or agreement for sale, unless the mortgagee or vendor under the agreement for sale gives, within 3 months after the existing term has expired, written notice to the person, making a demand for payment of the sum secured. (2) Subsection (1) applies despite any provision of the mortgage or agreement for sale that provides that all amounts outstanding at the end of the term are payable without a demand. (3) Despite

(a) transfers an estate in fee simple in land subject to a residential mortgage that is, under the terms of the mortgage, payable on demand, or
(b) transfers a purchaser's interest under a residential agreement for sale that is, under the terms of that agreement, payable on demand,
ceases to be liable under the personal covenant in the mortgage or agreement for sale, unless the mortgagee or vendor under the agreement for sale gives, within 3 months after that mortgagee or vendor has received written notice from the person of the transfer, written notice to the person, making a demand for payment of the sum secured.

(4) A waiver of the benefit contained in subsections (1) and (3) is of no effect unless it is entered into by the original parties to the mortgage or agreement for sale after the transfer or assignment referred to in subsections (1) and (3). 24 (1) Despite

section 21 (1), if a mortgagee under a residential mortgage or a vendor under a residential agreement for sale gives written approval under this section to a person to whom
(a) the mortgagor transfers an estate in fee simple in land subject to the mortgage, or
(b) the purchaser transfers the purchaser's interest in the agreement for sale,
that mortgagor or purchaser ceases to be liable on all covenants contained in the mortgage or agreement for sale. (2) A mortgagor or purchaser under an agreement for sale who wishes to obtain approval for the purposes of subsection (1) must, not later than 3 months after the transfer, make a request to the mortgagee or vendor.

(3) The mortgagee or vendor may require the person seeking approval to provide
(a) reasonable financial information respecting the transferee or proposed transferee, and
(b) a reasonable fee to cover the costs of obtaining a credit report and handling costs. (4) A mortgagee or vendor under an agreement for sale must not unreasonably refuse to grant the mortgagee's or vendor's approval under this section.

(5) If a mortgagee or vendor under an agreement for sale fails to give approval under this section, the mortgagor or purchaser may, by way of a petition proceeding or, if Rule 17-1 of the Supreme Court Civil Rules applies, a requisition proceeding, apply to the Supreme Court, and the court may, if it finds that the approval has been unreasonably withheld, grant the approval, and that approval is valid as though it were given by the mortgagee or vendor.

25 If the benefit of a restrictive covenant about building on or the use of land is annexed or purports to be annexed by an instrument to other land, the benefit, unless expressly agreed otherwise, is deemed to be annexed to the whole and to each and every part of that other land capable of benefiting from the restrictive covenant. 26 If an instrument gives a personal representative or a trustee, or a power of attorney gives an attorney, power to dispose of land, that person may, unless the instrument or power expressly precludes it, subdivide the land and dedicate to the public a part of it necessary to obtain the approval of the approving officer under the Land Title Act, and to complete the subdivision.

27 A sale, transfer or charge to or in favour of themselves named in a power of attorney, of land owned by the principal and purporting to be made under the power of attorney, is not valid unless the power of attorney expressly authorizes it or the principal ratifies it. "agreement" means an enduring power of attorney made under Part 2 of the Power of Attorney Act;
"attorney" means a person named in an enduring power of attorney as an attorney.

(2) A sale, transfer or charge to or in favour of an attorney by the attorney of land owned by the adult who made an agreement, and purporting to be made under the agreement, is not valid unless the sale, transfer or charge is expressly authorized by that agreement. 28 (1) In this section, "further advance" includes a first advance.

(2) Despite the Land Title Act, after October 30, 1979, further advances made by a registered owner of a mortgage contemplated by and in accordance with the mortgage rank in priority to mortgages and judgments registered after the mortgage that contemplates the further advances was registered if
(a) the subsequent registered mortgagees or judgment holders agree in writing to the priority of the further advances,
(b) at the time the further advances are made, the registered owner of the mortgage has not received notice in writing of the registration of the subsequent mortgage or judgment from its owner or holder,
(c) at the time the further advances are made, the subsequent mortgage or judgment has not been registered, or
(d) the mortgage requires the registered owner of the mortgage to make the further advances.

(3) If a mortgage is expressed to be made to secure a current or running account, it is not deemed to have been redeemed merely because
(a) advances made under it are repaid, or
(b) the account of the mortgagor with the mortgagee ceases to be in debit,
and the mortgage remains effective as security for further advances and retains the priority given by this section until the mortgagee has delivered a registrable discharge of the mortgage to the mortgagor but, if the mortgagor is not indebted or in default under the mortgage, the mortgagee must, on the mortgagor's request and at the mortgagor's expense, execute and deliver to the mortgagor a registrable discharge of the mortgage.

(4) Except as provided in this section, a right to tack in respect of mortgages of land is abolished but priority acquired before October 31, 1979 for further advances under a mortgage is not affected. (5) This section applies to mortgages of land made after October 30, 1979. 29 A registered owner in fee simple whose title is subject to a registered right or option to purchase, or a registered owner of a right to purchase who has created or given a subright to purchase that is registered, unless otherwise expressly agreed in the instruments creating the right, option or subright, may mortgage the registered owner's interest in the land, subject to the prior registered interests.

30 Until it is discharged, a mortgage by a purchaser or subpurchaser of the purchaser's or subpurchaser's interest under an agreement for sale of land or subagreement for sale of land charges the present and future interest in land acquired by the purchaser or subpurchaser under the agreement or subagreement, unless otherwise expressly provided in the mortgage. 31 (1) A mortgagor seeking to redeem a mortgage of property is entitled to do so without paying money due under a separate mortgage made by the mortgagor or by a person through whom the mortgagor claims, solely charging property not comprised in the mortgage the mortgagor seeks to redeem.

(2) This section is subject to a contrary intention expressed in the mortgages or any of them and does not apply if all the mortgages were made before October 31, 1979. (3) Except as provided in this section, the doctrine of consolidation is abolished. 32 After the making of an order absolute for foreclosure or for cancellation of an agreement for sale, a mortgagee or vendor
(a) has no right to enforce the personal covenant of the mortgagor or the purchaser to pay, and
(b) may not issue execution on a judgment taken on the covenant to pay unless by process of law the order absolute is set aside or reopened.

33 (1) Despite an agreement to the contrary, a mortgagor is entitled to receive from a mortgagee, on written request delivered to the mortgagee,
(a) a statement of the amount payable under the mortgage to obtain its discharge, and if appropriate, of the amounts of principal, interest, any other sums payable and any cost of the discharge,
(b) a statement of the balance payable under the mortgage on a date stated in the request, with particulars of the amounts of principal remaining unpaid, interest due and accrued and any other sums secured by the mortgage, and
(c) if the mortgagor is entitled to a discharge, a discharge of the mortgage executed in a form registrable under the Land Title Act and otherwise a statement in writing of the terms on which the mortgagee will give a discharge, including, if appropriate, particulars of the money payable for principal, interest and any other sums.

34 (1) The owner of a parcel of land on which there is a building, structure, improvement or work may apply to the Supreme Court for an order permitting the owner to enter adjoining land to carry out repair or work if
(a) the building, structure, improvement or work is so close to the boundary of the adjoining land that repair or work on the part of the building, structure, improvement or work that adjoins the boundary cannot be carried out without entering the adjoining land, and
(b) the consent of the owner of the adjoining land to the entry is refused or cannot reasonably be obtained.

(2) An order under subsection (1) must state the following:
(a) the period of time and purpose for the permission;
(b) that the owner who obtains the order must compensate the adjoining owner for damage caused, in the course of carrying out repair or work under the order, by the owner who obtains the order, or by anyone employed or engaged by or on behalf of the owner who obtains the order, in an amount to be determined by the court if the owners cannot agree;
35 (1) A person interested in land may apply to the Supreme Court for an order to modify or cancel any of the following charges or interests against the land, whether registered before or after this section comes into force:
(d) a statutory building or statutory letting scheme;
(e) a restrictive or other covenant burdening the land or the owner;
(f) a right to take the produce of or part of the soil;
(g) an instrument by which minerals or timber or minerals and timber, being part of the land, are granted, transferred, reserved or excepted.

(2) The court may make an order under subsection (1) on being satisfied that the application is not premature in the circumstances, and that
(a) because of changes in the character of the land, the neighbourhood or other circumstances the court considers material, the registered charge or interest is obsolete,
(b) the reasonable use of the land will be impeded, without practical benefit to others, if the registered charge or interest is not modified or cancelled,
(c) the persons who are or have been entitled to the benefit of the registered charge or interest have expressly or impliedly agreed to it being modified or cancelled,
(d) modification or cancellation will not injure the person entitled to the benefit of the registered charge or interest, or
(e) the registered instrument is invalid, unenforceable or has expired, and its registration should be cancelled.

(3) The court may make the order subject to payment by the applicant of compensation to a person suffering damage in consequence of it but compensation is not payable solely for an advantage accruing by the order to the owner of the land burdened by the registered instrument. (4) The court must, as it believes advisable and before making an order under subsection (2), direct
(a) inquiries to a municipality or other public authority, and
(b) notices, by way of advertisement or otherwise, to the persons who appear entitled to the benefit of the charge or interest to be modified or cancelled. (5) An order binds all persons, whether or not parties to the proceedings or served with notice.

(6) The registrar, on application and the production of an order made or a certified copy of it must amend the registrar's records accordingly. 36 (1) For the purposes of this section, "owner" includes a person with an interest in, or right to possession of land.

(2) If, on the survey of land, it is found that a building on it encroaches on adjoining land, or a fence has been improperly located so as to enclose adjoining land, the Supreme Court may on application
(a) declare that the owner of the land has for the period the court determines and on making the compensation to the owner of the adjoining land that the court determines, an easement on the land encroached on or enclosed,
(b) vest title to the land encroached on or enclosed in the owner of the land encroaching or enclosing, on making the compensation that the court determines, or
(c) order the owner to remove the encroachment or the fence so that it no longer encroaches on or encloses any part of the adjoining land.

37 A court may award damages for loss of a bargain against a person who cannot perform a contract to dispose of land because of a defect in the person's title. 38 (1) If a reversion expectant on a lease is surrendered or merged, the interest which as against the lessee confers the next vested right to the land is deemed the reversion for the purposes of preserving the same incidents and obligations as would have affected the original reversion had it not been surrendered or merged. (2) This section applies to surrenders or mergers effected before or after this Act comes into force.

39 (1) A person who is not a Canadian citizen has the same capacity to acquire and dispose of land in British Columbia as if the person were a Canadian citizen. (2) A person must not be disturbed in the possession or precluded from the recovery of land in British Columbia merely because of the citizenship or lack of citizenship of some person from or through whom the person may derive title. 40 If a vendor of real property fails to provide a site disclosure statement to a purchaser under

section 40 (6) of the Environmental Management Act, the purchaser may exercise any remedies under the common law or under the regulations. 41 The Lieutenant Governor in Council may make regulations respecting the remedies of a purchaser under

section 40. 42 (1) A purchaser of residential real property may rescind the contract of purchase and sale for the property by serving written notice of the rescission on the seller within the prescribed number of days after the date that the acceptance of the offer was signed. (2) Subsection (1) does not apply to a contract of purchase and sale to which

section 21 of the Real Estate Development Marketing Act applies. (3) Subsection (1) does not apply if title to the residential real property has been transferred from the seller to the purchaser. 43 The Lieutenant Governor in Council may make regulations for the purposes of

section 42, including regulations as follows:
(a) respecting waivers of the right of rescission and the circumstances in which that right may or may not be waived;
(b) respecting service of a notice of rescission;
(c) respecting an amount to be paid by the purchaser to the seller if the purchaser exercises the right of rescission;
(d) respecting the timing of the payment of the deposit under a contract of purchase and sale despite any provision of the contract to the contrary;
(e) establishing procedures for the payment of the deposit under a contract of purchase and sale;
(f) respecting the return of the deposit paid under a contract of purchase and sale if the purchaser exercises the right of rescission, including
(A) all of the deposit is to be returned, or
(B) a portion of the deposit is to be returned and the remaining portion is to be paid to the seller,
(ii) providing for the calculation of the portion of the deposit to be returned, and
(iii) establishing a dispute resolution process in relation to the return of the deposit;
(g) exempting, from the application of

section 42 (1), with or without conditions,
(i) a class of residential real property,
(iii) a class of contract of purchase and sale;
(h) defining a word or expression used but not defined in

section 42;
(i) for any other matter for which regulations are contemplated by

section 42. 44 (1) In this section, "First Nation" means the following:
(a) a band as defined in the Indian Act (Canada);
(b) a successor to a band as defined in the Indian Act (Canada) that, under an Act of Canada, is established as a legal entity;
(c) any other body of Indians that, under an Act of Canada, is established as a legal entity. (2) A First Nation has the power and capacity of a natural person to acquire and dispose of land in British Columbia. (3) For the purposes of subsection (2), a First Nation has the capacity to acquire and hold land in joint tenancy. Copyright © King's Printer, Victoria, British Columbia, Canada

section 32, 205 or 225
(a) must be sent to the Lieutenant Governor in Council for approval,
(b) does not come into force until approved by order in council, and
(c) must be published promptly in the Gazette by the company to which it is issued.

(a) prepare and submit to the minister, in duplicate, a map showing
(i) the general location of the proposed line of the railway,
(ii) the termini and the principal towns and places, giving their names, through which the railway is to pass,
(iii) the railways, navigable streams and tidewaters, if any, to be crossed by the railway and those within a radius of 30 miles of the proposed railway, and
(iv) generally the physical features of the country through which the railway is to be constructed, and
(b) give further or other information the minister may require.

(2) The map must be prepared on a scale of not less than 6 miles to the inch, or other appropriate scale as the minister may determine, and must be accompanied by an application, in duplicate, requesting the minister's approval of the general location as shown on the map. (3) Before approving the map and location, the minister may make changes and alterations in it the minister considers expedient, and on being satisfied with it must signify the minister's approval on the map and the duplicate. (4) In approving the map and location, the minister may approve the whole or any portion, and if the minister approves only a portion of it must signify the approval on the map and the duplicate accordingly.

(5) When the map is approved and the application is filed in the ministry, the minister must signify the minister's approval of the projected line of railway by certificate. (6) This section applies to the main line and to every branch line and extension of the railway of a company. 15 (1) On compliance with

section 14, a company must make a plan, profile and book of reference of the railway. (2) The plan must show the following:
(a) the right of way, with lengths of sections in miles;
(b) the names of terminal points;
(d) the property lines and owners' names;
(e) the area length and width of land proposed to be taken, in figures, stating every change of width;
(g) all open drains, watercourses, highways and railways proposed to be crossed or affected. (3) The profile must show the grades, curves, highway and railway crossings, open drains and watercourses.

(4) The book of reference must describe the portion of land proposed to be taken in each lot to be traversed, giving numbers of the lots and the area, length and width of the portion of each lot proposed to be taken, and names of owners and occupiers so far as they can be ascertained. (5) The minister may require any additional information for the proper understanding of the plan and profile. (6) The plan, profile and book of reference may be of a section or sections of the railway. 16 (1) The plan, profile and book of reference must be submitted to the minister, who, if satisfied with them, may approve them.

(2) The minister by the approval is deemed to have approved merely the location of the railway and the grades and curves of it, as shown in the plan, profile and book of reference, but not to have relieved the company from otherwise complying with this Act. (3) Before approving any plan, profile or book of reference of a section of a railway, the minister may require a company to submit the plan, profile and book of reference of the whole or of any portion of the remainder of the railway, or further or other information the minister considers expedient. 17 (1) The plan, profile and book of reference must be deposited in the ministry, and each plan must be numbered consecutively in order of deposit.

(2) A company must also deposit copies of them or of parts of them that relate to each district or county through which the railway is to pass, certified, in the proper land title office for each district or county respectively. 18 The railway may be made, carried or placed across or on the land of any person on the located line, although
(a) through error or any other cause the name of the person has not been entered in the book of reference, or
(b) some other person is erroneously mentioned as the owner of or entitled to convey or as interested in the land.

19 (1) If any omission, misstatement or error is made in any plan, profile or book of reference so registered, the company may apply to the minister for a certificate to correct it. (2) The minister may, in the minister's discretion, require notice to be given to interested parties and, if it appears to the minister that the omission, misstatement or error arose from mistake, may grant a certificate setting out the nature of the omission, misstatement or error and the correction allowed.

(3) On the deposit of the certificate in the ministry and of copies of it, certified by the secretary of the company, in the land title offices for the districts respectively in which the land is located, the plan, profile or book of reference must be taken to be corrected in accordance with the certificate, and the company may then, subject to this Act, construct the railway in accordance with the correction. 20 (1) A registrar of titles must
(a) receive and preserve in the registrar's office all plans, profiles, books of reference, certified copies of them and other documents required by this Act to be deposited in the office, and
(b) endorse on them the day, hour and minute when they were deposited.

(2) All persons may resort to the plans, profiles, books of reference, copies and documents deposited, and may make extracts from them and copies of them as occasion requires, paying the registrar of titles the fees payable under the Land Title Act. (3) At the request of any person, a registrar of titles must certify copies of any plan, profile, book of reference or document deposited in the registrar's office, or of portions of them as may be required, on being paid the fees payable under the Land Title Act.

(4) The certificate of the registrar of titles must
(a) set out that the plan, profile or document, a copy of which or of any portion of which is certified by the registrar, is deposited in the registrar's office,
(b) state the time when it was deposited, and
(c) state that the registrar has carefully compared the copy certified with the document on file, and that it is a true copy of the original.

21 (1) A plan and profile of the completed railway or of any part of it which is completed and in operation, and of the land taken or obtained for the use of it, must, within 6 months after completion of the undertaking or within 6 months after beginning to operate the completed part, as the case may be, or within an extended or renewed period as the minister at any time directs, be made and deposited in the ministry.

(2) Plans and profiles of the parts of the railway so completed or in operation located in different districts and counties, prepared on the scale, in the manner and form, and signed or authenticated in the manner the minister may, by regulation of general application or by order dealing with a particular case, approve or require, must be deposited in the land title offices for the districts and counties in which the parts are located.

22 (1) All plans and profiles required by law to be deposited by a company in the ministry must be drawn to the scale, with the detail, on the materials and must be of the character as the minister may, by regulation of general application or by order dealing with a particular case, require. (2) All the plans and profiles must be certified and signed by the president, vice president or general manager of the company, and also by the engineer of the company. (3) Any book of reference required to be deposited must be prepared to the satisfaction of the minister.

(4) Unless and until the plan, profile and book of reference is made satisfactory to the minister, the minister may refuse to approve it or to allow it to be deposited in the ministry. 23 In addition to the plans, profiles and books of reference, a company must, with all reasonable expedition, prepare and deposit in the ministry any other or further plans, profiles or books of reference of any portion of the railway, or of any siding, station or works of it, that the minister may order or require.

24 (1) If any deviation, change or alteration is required by a company to be made in the railway or any portion of it as already constructed, or as merely located and approved, a plan, profile and book of reference of the portion of the railway proposed to be changed, showing the deviation, change or alteration proposed to be made, must, in similar manner as provided with respect to the original plan, profile and book of reference, be submitted for the approval of the minister, and may be approved by the minister.

(2) The plan, profile and book of reference of the portion of the railway proposed to be changed must, when approved, be deposited and dealt with as provided with respect to the original plan, profile and book of reference. (3) The company may then make the deviation, change or alteration, and all the provisions of this Act apply to the portion of the line of railway changed or proposed to be changed in the same manner as they apply to the original line.

(4) The minister may, by regulation of general application or by order dealing with a particular case, exempt a company from submitting the plan, profile and book of reference, as provided in this section, if the deviation, change or alteration is made or to be made for the purpose of lessening a curve, reducing a gradient or otherwise benefiting the railway, or for any other purpose of public advantage, as may seem to the minister expedient, if the deviation, change or alteration does not require the acquisition or leasing of additional property.

25 (1) A company must not begin the construction of the railway or any section or portion of it until
(a) the plan, profile and book of reference has been submitted to and approved by the minister as provided,
(b) the plan, profile and book of reference approved has been deposited in the ministry, and
(c) certified copies of the plan, profile and book of reference have been deposited in the land title offices in accordance with this Act. (2) A company must not make any change, alteration or deviation in the railway or any portion of it until

section 24 has been fully complied with. 26 Unless it has the approval of the minister, a company must not locate the line of its proposed railway, or construct the line or any portion of it, so as to obstruct or interfere with, or injuriously affect the working of or the access or adit to, any mine then open, or for the opening of which preparations are at the time of the location being lawfully and openly made. 27 (1) A company is not, unless they have been expressly purchased, entitled to any mines, ores, metals, coal, slate, mineral oils or other minerals in or under any land purchased by it, or taken by it under any compulsory powers given it by this Act.

(2) Subsection (1) does not except from a company's entitlement those parts of the mines, ores, metals, coal, slate, mineral oils or other minerals that are necessary to be dug, carried away or used in the construction of the works. (3) Unless acquired under subsection (2), expressly purchased or expressly named and conveyed, all mines and minerals are deemed to be excepted from the conveyance of the land.

30 Subject only to the obtaining of permission or approval from the minister wherever required by this Act, a company may do one or more of the following:
(a) enter into and on Crown land without previous licence to do so, or into and on the land of any person, lying in the intended route or line of the railway, and make surveys, examinations or other necessary arrangements on the land for fixing the site of the railway, and set out and ascertain the parts of the land necessary and proper for the railway;
(b) and (c) [Repealed 2004-51-39.]

(d) make, carry or place the railway across or on the land of the government or of any person on the located line of the railway;
(e) cross any railway or join the railway with any other railway at any point on its route, and on the land of the other railway, with the necessary conveniences for the purposes of the connection;
(f) to (i) [Repealed 2004-51-39.]

(j) fell or remove any trees which stand within 100 feet from either side of the right of way of the railway, or which are liable to fall across any railway track;
(k) make or construct in, on, across, under or over any railway, tramway, river, stream, watercourse, canal or highway which the railway of the company intersects or touches, temporary or permanent inclined planes, tunnels, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cuttings and fences;
(l) divert or alter, temporarily or permanently, the course of a river, stream, watercourse or highway, or raise or sink its level, in order the more conveniently to carry the same over, under or by the side of the railway;
(m) make drains or conduits into, through or under any land adjoining the railway for the purpose of conveying water to or from the railway;
(n) divert or alter the position of any water pipe, gas pipe, sewer or drain, or any telegraph, telephone or electric lines, wires or poles.

Part 6 — Acquisition of Crown Land
32 (1) A railway company must not take possession of, use or occupy any land belonging to the government, to any further or other extent than the making of location surveys, without the consent of the minister as evidenced by a certificate in duplicate.

(2) With the consent of the minister as evidenced by a certificate in duplicate a company may take and appropriate for the use of its undertaking so much of the unoccupied and unreserved land of the government lying on the route of the railway, or within the scope of the undertaking, as have not been granted or sold, and as may be wanted to be acquired for the undertaking, and also so much of the public beach or foreshore or of the land covered with the waters of any lake, river, stream or canal, or of their respective beds, as is necessary or wanted to be acquired for making and completing and maintaining the undertaking of the company. 33 (1) After obtaining a certificate of consent under

section 32, a company must promptly apply to the appropriate minister to set the price and compensation to be paid by the company to the government for the taking of the respective land and properties described in the certificate of consent. (2) The minister referred to in subsection (1), in that minister's absolute discretion may set the price and compensation, and the price and compensation set must be paid by the company to that minister as a condition precedent to the grant to and occupation by the company of the land and properties.

(3) On payment of the price and compensation the land and properties must be granted to the company, its successors and assigns, by grant in the form approved by the minister referred to in subsection (1). (4) A company may appeal to the court in respect of the amount set to be paid for compensation. (5) The Expropriation Act applies to the determination of the amount of compensation.

Part 7 — Acquisition of Land by Expropriation and Purchase
34 (1) For a right of way, the land that may be taken without the consent of the owner must not exceed 100 feet in breadth, except in places where the rail level is or is proposed to be more than 5 feet above or below the surface of the adjacent land, when additional width may be taken sufficient to accommodate the slope and side ditches.

(2) For stations, depots and yards, with the freight sheds, warehouses, wharves, elevators and other structures for the accommodation of traffic incidental to them, the land that may be taken without the consent of the owner must not exceed one mile in length by 500 feet in breadth, including the width of the right of way. 35 (1) If, at any point on the railway, a company requires more ample space than it possesses or may take under

section 34
(a) for the convenient accommodation of the public,
(b) for the traffic on its railway,
(c) for protection against snow drifts,
(d) for the diversion of a highway,
(e) for the substitution of one highway for another,
(f) for the construction or taking of any works or measures ordered by the minister under this Act, or
(g) to secure the efficient construction, maintenance or operation of the railway,
it may apply to the minister for authority to take the space for those purposes, without the consent of the owner. (a) give 10 days' notice of the application to the owner of the land, and
(b) furnish to the minister, with the application, copies of the notices, with affidavits of their service.

(3) A company must also furnish to the minister, in duplicate, with the application
(a) a plan, profile and book of reference of the portion of the railway affected, showing the additional land required, and certified as provided in this Act with respect to plans and profiles required to be deposited by the company with the minister, and
(b) an application, in writing, for authority to take the land, signed and sworn to by the president, vice president, general manager or engineer of the company referring to the plan, profile and book of reference, specifying definitely and in detail the purposes for which each portion of the land is required, and the necessity for the same, and showing that no other land suitable for the purposes can be acquired at the place on reasonable terms and with less injury to private rights.

(4) After the time stated in the notices, and the hearing of interested parties who appear, the minister may, in the minister's discretion, and on the terms and conditions the minister considers expedient, authorize by certificate the taking for the stated purposes of all or any portion of the land applied for. (5) All provisions of this Act applicable to the taking of land without the consent of the owner for the right of way or main line of the railway apply to the land authorized under this section to be taken.

36 (1) A company, either for the purpose of constructing or repairing its railway, or for the purpose of carrying out the requirements of the minister, or in the exercise of the powers conferred on it by the minister, may
(a) enter on any land which is not more than 600 feet distant from the centre of the located line of the railway, and
(b) occupy the land as long as is necessary for those purposes. (2) All the provisions of law at any time applicable to the taking of land by the company, and its valuation and the compensation for it, apply to the case of any land so required.

(3) Unless the consent of the owner is obtained, before entering on any land for the purposes under subsection (1), the company must pay into the court at the registry of the court nearest to the land affected
(a) the sum which, after 2 clear days' notice to the owner of the land or to the person empowered to convey it or interested in it, is set by the court, and
(b) interest for 6 months on the sum set. (4) The deposit must be retained to answer any compensation which may be awarded the person entitled to it.

(5) By order of the court, money on deposit may be paid out to the person so far as it goes in satisfaction of the award, and the surplus, if any, remaining after that must, by order of the court, be repaid to the company. (6) Any deficiency in the deposit to satisfy the award must be promptly paid by the company to the person entitled to compensation under the award.

(a) any stone, gravel, earth, sand, water or other material is required for the construction, maintenance or operation of the railway or any part of it or the materials or water required are located or have been brought to a place at a distance from the line of railway, and
(b) the company wants to lay down the necessary tracks, spurs or branch lines, water pipes or conduits, over or through any land intervening between the railway and the land on which the materials or water are located or to which they have been brought,
the company may, if it cannot agree with the owner of the land for the purchase of it, cause a British Columbia land surveyor or an engineer to make a plan and description of the property or right of way, and must serve on each of the owners and occupiers of the land affected a copy of the plan and description, or of so much of it as relates to the land owned or occupied by them respectively, duly certified by the surveyor or engineer, and must file a copy of the plan and description in the ministry and apply for the approval of it by the minister.

(2) The minister may, by certificate, approve all or part of the plan and description, and then, and to the extent to which the approval of the minister is obtained, the company may exercise, in respect of the land shown on the plan and mentioned in the description, all the powers conferred by this Act, and the powers may be used to obtain the material or water required and the right of way to the material or water irrespective of the distance of it from the railway of the company. (3) The company may, at its discretion, acquire the land from which the materials or water are taken, or on which the right of way to it is located, for a term of years or permanently.

(4) The notice of arbitration, if arbitration is resorted to, must state the extent of the privilege and title required. (5) The tracks, spurs or branch lines constructed or laid by the company under this section must not be used for any purpose other than mentioned in this section, except by approval of the minister, and subject to terms and conditions the minister sees fit to impose. 38 (1) If a company can purchase a larger quantity of land from any particular owner at a more reasonable price, on the average, or on terms more advantageous than those on which it could obtain the portion of land which it may take from the owner without the owner's consent, it may purchase the larger quantity.

(2) A company may sell and dispose of any part of the land so purchased which may be unnecessary for its undertaking. 39 (1) On and after November 1 in each year, a company may enter any Crown land, or land of any person, lying along the route or line of the railway, and erect and maintain snow fences on it, subject to the payment of land damages, if any are actually suffered, as are after that established, in the manner provided by law with respect to the railway. (2) Every snow fence erected must be removed on or before April 1 in the next following year.

40 (1) All tenants for life, guardians, committees, personal representatives, trustees and all other persons, as well for and on behalf of themselves, their heirs and successors, as on behalf of those whom they represent, whether infants, issue unborn, mentally disordered persons or other persons, seised, possessed of or interested in any land, may contract and sell and convey to a company all or any part of it. (2) A company is not affected by a notice of and is not bound by any trust, and must not be impeded in the securing of title by any trust. 41 (1) When any of the persons or classes of persons mentioned in

section 40 have no right in law to sell or convey the rights of property in the land, they or the company, on application to the court by petition in a summary manner, may obtain from the court, after notice to any persons interested as the court may direct, the right to sell the land. (2) The court must make the orders necessary to secure the investment of the purchase money in the manner the court considers necessary or expedient for the protection of the interests of any beneficiary.

42 The powers conferred by sections 40 and 41 on
(a) ecclesiastical and other corporations,
(b) trustees of land for church or school purposes,
(c) executors appointed by wills under which they are not invested with any power over the real property of the will-maker, and
(d) administrators of persons dying intestate, but at their death seised of real property,
extend only to and must only be exercised with respect to land actually required for the use and occupation of a company. 43 (1) Any contract, agreement, sale, conveyance or assurance made under

section 40, 41 or 42 is valid and effectual in law to all intents and purposes. (2) Any conveyance so authorized vests in a company receiving it the fee simple in the land described in it, free from all trusts, restrictions and limitations. (3) A person so contracting, selling and conveying is relieved from liability for what the person does under this Act. 44 A company is not responsible for the disposition of any purchase money for land taken by the company for its purposes if paid to the owner of the land or into court for the owner's benefit.

45 (1) Any contract or agreement made by any person authorized by this Act to convey land, either before the deposit of the plan, profile and book of reference, or before the setting out and ascertaining of the land required for the railway, is, if registered under the Land Title Act, binding at the price agreed on, if the land is afterwards so set out and ascertained within one year from the date of the contract or agreement, and although the land has in the meantime become the property of a third person after the registration or record.

(2) Possession of the land may be taken and the agreement and price may be dealt with as if the price had been set by an award of arbitrators as provided in this Act, and the agreement has the force of and is in the place of an award. 46 (1) If in any case not provided for in sections 14 to 45 any person interested in any land so set out and ascertained is not authorized by law to sell or alienate that land, the person may agree on a fixed annual rent as an equivalent, and not on a principal sum, to be paid.

(2) If the amount of the rent is not set by agreement, it must be set and all proceedings must be regulated in the manner prescribed by this Act for the taking of land. 47 The annual rent, and every other annual rent agreed on or ascertained, to be paid for the purchase of any land, or for any part of the purchase money of any land, which the vendor agrees to leave unpaid, must, on the deed creating the charge and liability being registered in the land title office, be chargeable as part of the working expenditure of the railway.

48 (1) After the expiration of 10 days from the deposit of the plan, profile and book of reference in the proper land title office, and after notice of it has been given in at least one newspaper, if any is published, in each of the districts and counties through which the railway is intended to pass, a company may apply to the owners of land, or to persons empowered to convey land or interested in land which may be taken, or which suffers damage from the taking of materials or the exercise of any of the powers granted for the railway, to make an agreement that seems expedient to both parties about the land or the compensation to be paid for it, or for the damages, or as to the mode in which the compensation is to be ascertained.

(2) If the parties fail to agree, all questions that arise between them must be settled as provided in this Act. 49 (1) The deposit of a plan, profile and book of reference, and the notice of the deposit, is deemed to be a general notice to all parties of the land which will be required for the railway and works. (2) The date of the deposit is the date with reference to which compensation or damages must be ascertained, but if the company does not actually acquire title to the land within one year from the date of the deposit, then the date of the acquisition is the date with reference to which the compensation or damages must be ascertained.

50 The notice served on the owners of land, or persons empowered to convey land or interested in land, must contain
(a) a description of the land to be taken, or of the powers intended to be exercised with regard to any land described in it, and
(b) a declaration of readiness to pay a certain sum or rent as compensation for the land or for damages.

51 The notice must be accompanied by the affidavit of a British Columbia land surveyor, who is a disinterested person, stating the following:
(a) that the land, if the notice relates to the taking of land, is required for the railway or is within the limit of deviation allowed by this Act;
(b) that the surveyor knows the land or the amount of damage likely to arise from the exercise of the powers;
(c) that the sum offered is, in the surveyor's opinion, a fair compensation for the land and the damages likely to arise.

52 (1) If any owner or party in interest is absent from the district or county in which the land lies, or is unknown, an application for service by advertisement may be made to the court. (2) The application must be accompanied by the affidavit required by

section 51, and by an affidavit of some officer of the company, that the owner or party referred to in subsection (1) is absent, or that after diligent inquiry the person on whom the notice ought to be served cannot be ascertained. (3) The court may order service by advertisement in the manner specified in the order. (4) Compliance with the terms of the order has the effect of personal service. 53 (1) If, within 10 days after the service of the notice or within one month after the first publication of it, the owner or party referred to in

section 50 does not give notice to a company that the owner or party accepts the sum offered by it, the amount of compensation must be determined by the court. (2) The Expropriation Act applies to the determination of the amount of compensation.

54 (1) A company may pay an amount for compensation into court, with the interest on it for 6 months, and may deliver to the registrar of the court an authentic copy of a conveyance, or of an award or agreement if there is no conveyance, and register the conveyance, award or agreement in the proper land title office in any of the following circumstances:
(a) if the company has reason to fear any claim, mortgage or encumbrance;
(b) if any person to whom the compensation or annual rent or any part of it is payable refuses to execute a proper conveyance and guarantee;
(c) if the person entitled to claim the compensation or annual rent cannot be found, or is unknown to the company;
(d) if for any other reason the company considers it advisable.

(2) The conveyance, or the award or agreement, is then deemed to be the title of the company to the land mentioned in it. 55 (1) Notice of the payment and delivery, in the form and for the time the court appoints, must be published in the Gazette and in a newspaper published in the county in which the land is located, or, if there is no newspaper published in the county, then in a newspaper published in the nearest county to it in which a newspaper is published.

(a) state that the conveyance, agreement or award constituting the title of the company is obtained under this Act, and
(b) call on all persons claiming an interest in or entitled to the land or any part of it to file their claims to the compensation or any part of it. 56 (1) The compensation for any land which may be taken without the consent of the owner stands in the stead of that land. (2) As against a company, any claim to or encumbrance on the land or any portion of it must be converted into a claim to the compensation, or to that proportion of it.

(3) A company is responsible when it has paid the compensation or any part of it to a person not entitled to receive it, saving always its recourse against that person. 57 (1) All the claims filed must be received and adjudicated on by the court, and the adjudication on them forever bars all claims to the land or any part of it, including any dower, mortgage or encumbrance. (2) The court must make the appropriate order for the distribution, payment or investment of the compensation and for the security of the rights of all persons interested.

(3) If the order for distribution, payment or investment is obtained within 6 months from the payment of the compensation into court, the court must direct a proportionate part of the interest to be returned to the company. (4) If from any error, fault or neglect of the company the order is not obtained until after 6 months have expired, the court must order the company to pay into court, as part of the compensation, the interest for the further period as is right. (5) The court may order that all or a part of the costs of the proceedings, including the proper allowances to witnesses, be paid by the company or by any other person.

58 On payment or legal tender of the compensation or annual rent awarded or agreed on to the person entitled to receive it, or on the payment into court of the amount of the compensation, in the manner mentioned, the award or agreement vests in a company the power to promptly take possession of the land, or to exercise the right, or to do the thing for which the compensation or annual rent has been awarded or agreed on.

59 (1) If any resistance or forcible opposition is made by any person to the exercise by a company of that power, the court must, on proof of the award or agreement, issue a warrant to the sheriff of the district or county, or to a bailiff, to put down the resistance or opposition and put the company in possession. (a) may employ persons to assist in the execution of the warrant, and
(b) must put down the resistance or opposition and put the company in possession. (3) A warrant issued under this section must not be attacked or invalidated only for want of notice or form, or for any technical objection or objection to the jurisdiction.

60 A warrant must also be granted by the court without the award or agreement, on affidavit to its satisfaction that the immediate possession of the land or of the power to do the things mentioned in the notice is necessary to carry on some part of the railway with which the company is ready to proceed without delay. 61 The court must not grant a warrant under

section 60 unless
(a) 10 days' notice of the time and place at which the application for the warrant is to be made has been served on the owner of the land, or the person empowered to convey the land or interested in the land sought to be taken, or which may suffer damage from the taking of materials sought to be taken, or the exercise of the powers sought to be exercised, or the doing of the things sought to be done by the company, and
(b) the company gives security to the court's satisfaction by payment into court of a sum in the court's estimation sufficient to cover the probable compensation and costs of the arbitration, and not less than 50% above the amount mentioned in the notice served on the party stating the compensation offered.

62 (1) The costs of the application and hearing before the court must be borne by the company unless the compensation awarded is not more than the company had offered to pay. (2) No part of the deposit or of any interest on it may be repaid, or paid to the company, or paid to the owner or party, without an order from the court, which the court may make in accordance with the terms of the award.

63 Any proceeding under Parts 1, 3 and 5 to 7 of this Act relating to the ascertainment of payment of compensation, or the delivery of possession of land taken, or the putting down of resistance to the exercise of powers must be continued in the court in which the proceeding is commenced. (a) take possession of, use or occupy any land belonging to another company,
(b) use and enjoy the whole or any portion of the right of way, tracks, terminals, stations or station grounds of another company, and
(c) have and exercise full right and power to run and operate its trains over and on any portion or portions of the railway of another company.

(2) A company may only exercise the powers listed in subsection (1) with the prior approval of the minister and subject to any order and direction which the minister may make in regard to the exercise, enjoyment or restriction of those powers. (3) The approval may be given by certificate of the minister on application and notice, and, after a hearing, the minister may make the order, give the directions and impose the conditions or duties on either party as to the minister may appear just or desirable, having regard to the public and all proper interests.

(4) If the parties fail to agree as to compensation, the minister may, in a certificate or by order, set the amount of compensation to be paid in respect of the powers and privileges granted. Part 13 — Branch Lines and Extensions
136 All the provisions of this Act with respect to the construction of the railway apply to, include and must be complied with in respect of the intended construction and in respect of the construction, maintenance and operation of branch lines and of extensions of the railway.

Part 14 — Railway Crossings and Junctions
138 (1) If the lines or tracks of the railway of one company are intersected or crossed by those of another, or on any application for permission to make an intersection or crossing, or in any case in which the tracks or lines of 2 different railways run through or into the same city, town or village, the minister may, on the application of one of the companies, or of a municipal corporation or other public body, or of any person or persons interested, by certificate, order that the lines or tracks of the railways must be so connected at or near the point of intersection or crossing or in or near the city, town or village as to allow the safe and convenient transfer or passing of engines, cars and trains from the tracks or lines of one railway to those of another, and that the connection must be maintained and used.

(2) In and by the certificate providing for the connection, or subsequently, the minister may determine by what company or companies, or other corporations or persons, and in what proportions, the cost of making and maintaining the connections are to be borne, and on what terms traffic is to be transferred by them from the lines of one railway to those of another. 161 (1) Every station of the company must be erected, operated and maintained with good and sufficient accommodation and facilities for traffic.

180 If a railway crosses a highway at rail level, the company must not, and its officers, agents or employees must not, wilfully permit an engine, tender or car to stand on any part of the highway for a longer period than 5 minutes at one time, or, when shunting, to obstruct public traffic for a longer period than 5 minutes at one time, or, in the opinion of the minister, unnecessarily interfere with it.

183 A person injured while on the platform of a car or on a baggage car or freight car in violation of the printed regulations posted at the time has no claim in respect of the injury if room inside the passenger cars sufficient for the proper accommodation of passengers was available at the time. 185 (1) A conductor or other person in charge of a train owned or operated by a company on any railway which is operated exclusively as a logging railway or in connection with mines is not under any obligation to any person other than the company operating the train to receive or carry any passenger, baggage or goods in or on the train.

(2) A conductor or other person in charge of a train described in subsection (1), and the company owning or operating the train, is not liable in damages or in any other way for refusal to receive or carry the passenger, baggage or goods. (3) and (4) [Repealed 2004-8-29.] (5) If it is shown to the satisfaction of the minister that the use of a railway described in subsection (1) for the carriage of passengers and goods is necessary or desirable in order to facilitate development of the natural resources of British Columbia, the minister may grant a permit in writing to the company owning or operating the railway, authorizing the company to receive and carry passengers and goods under this subsection and subsections (6) to (9).

(6) A company to which a permit is granted under subsection (5) may enter into a contract with any person for the carriage on its railway of that person as a passenger, or with any person for the carriage on its railway of goods owned by the person, if
(a) cars and equipment suitable for the purpose are used, and
(b) the cars and equipment have first been inspected by the inspecting engineer of the ministry and approved by the minister.

(7) A contract entered into for the purposes of subsection (6) may
(a) provide for the charging and collection of tolls for the carriage of the passenger or goods,
(b) limit the liability of the company, its servants or agents, or exempt the company, its servants or agents, from any liability otherwise existing under this or any other Act or at common law, for any damage arising out of the carriage of the passenger or goods under the contract, and
(c) contain further reasonable terms and conditions the minister may approve.

(8) No contract has effect or is deemed sufficient for the purposes of subsections (5) to (9) unless it is
(a) signed by the person who is carried as a passenger, or by the person whose goods are carried, or by the agent in that behalf of the owner of the goods, and
(b) written or printed in a form and manner approved by the minister as suitable for bringing its material terms to the attention of the person signing it. (9) The minister may, at any time by notice in writing to the company, revoke any permit granted to the company under subsection (5).

(10) Sections 186, 187, 198, 204, 205 and 225 do not apply to a railway that carries passengers or goods under a permit granted under subsection (5).

Part 25 — Accommodation for Traffic
186 (1) A company must, according to its powers, do the following:
(a) furnish, at the place of starting, and at the junction of the railway with other railways, and at all stopping places established for the purpose, adequate and suitable accommodation for the receiving and loading of all traffic offered for carriage on the railway;
(b) furnish adequate and suitable accommodation for the carrying, unloading and delivery of the traffic;
(c) without delay, and with care and diligence, receive, carry and deliver the traffic;
(d) furnish and use all proper appliances, accommodation and means necessary for receiving, loading, carrying, unloading and delivering the traffic.

(2) The accommodation must include reasonable facilities for the junction of private siding or private branch railways with any railway belonging to or worked by the company, and reasonable facilities for receiving, forwarding and delivering traffic on and from those sidings or private branch railways, together with the placing of cars and moving them on and from the private sidings and private branch railways.

(3) If in any case the accommodation is not, in the opinion of the minister, furnished by the company, the minister may, by certificate,
(a) order the company to furnish the accommodation within the time or during the period the minister considers expedient, having regard to all proper interests, or
(b) prohibit or limit the use, either generally or on any specified railway or part of it, of any engines, locomotives, cars, rolling stock, apparatus, machinery or devices, or any class or kind of them, not equipped as required by this Act or by any certificate of the minister. (4) The traffic must be taken, carried to and from and delivered at the places mentioned on the payment of the toll lawfully payable.

(5) If a company's railway crosses or joins or approaches, in the opinion of the minister, sufficiently near to any other railway on which passengers or mails are transported, the minister may, by the certificate, order the company
(a) to regulate the running of its trains carrying passengers or mails, and the places and times of stopping them, so as to provide reasonable opportunity for the transfer of passengers and mails between its railway and the other railway, and
(b) to furnish reasonable facilities and accommodation for that purpose.

(6) For the purposes of this section, the minister may, by certificate, order that
(a) specific works be constructed or carried out,
(d) cars, motive power or other equipment be allotted, distributed, used or moved as specified by the minister, or
(e) any specified steps, systems or methods be taken or followed by any particular company or companies, or by railway companies generally. (7) A person aggrieved by any neglect or refusal of the company to comply with the requirements of this section has a right of action for it against the company, from which action the company is not relieved by any notice.

(8) The minister may, by certificate, make regulations, applying generally or to any particular railway or any portion of it, imposing charges for default or delay by any company in furnishing accommodation, appliances or means as mentioned, or in receiving, loading, carrying, unloading or delivering traffic. (9) The minister may enforce payment of the charges by the company to any person injuriously affected by the default or delay, and any amount received by any person must be deducted from the damages recoverable or recovered by the person for the default or delay. (10) The minister may, by certificate, determine what circumstances exempt any company from payment of the charges.

187 (1) If a line of one railway joins or connects the line or lines of that railway with another, the minister may, by certificate, on application of one of the companies or of a municipal corporation or other public body, order that the railway company that constructed the branch line must provide all reasonable and proper facilities, by means of the branch, for the interchange of freight and livestock traffic, and the empty cars incidental to it, between the lines of that railway and those of the railway with which that branch is so joined or connected, in both directions, and also between the lines of the first mentioned railway and those of other railways connecting with the lines of the first mentioned railway, and all tracks and sidings used by the first mentioned railway for the purpose of loading and unloading cars, and owned or controlled by or connecting with the lines of the company owning or controlling the first mentioned railway, and other tracks and sidings the minister directs.

(2) The minister may, by certificate, determine as questions of fact and direct the price per car that must be charged by and paid to the company owning or controlling the first mentioned railway for that traffic. 197 (1) If damage is caused to any property by a fire started by any railway locomotive, the company making use of the locomotive, whether guilty of negligence or not, is liable for the damage, and may be sued for the recovery of the amount of the damage in any court of competent jurisdiction.

(2) Despite subsection (1), if it is shown that the company has used modern and efficient appliances, and has not otherwise been guilty of any negligence, the total amount of compensation recoverable from the company under this section in respect of any one or more claims for damage from a fire or fires started by the same locomotive and on the same occasion must not exceed $5 000.

(3) Despite subsection (1), if there is any insurance existing on the property destroyed or damaged, the total amount of damages sustained by any claimant in respect of the destruction or damage of the property must, for the purposes of subsection (1), be reduced by the amount accepted or recovered by or for the benefit of the claimant in respect of that insurance. (4) No action lies against the company because of anything in any policy of insurance or because of payment of any money under it. (5) The compensation, in case the total amount recovered for it is less than the claims established, must be apportioned among the parties who suffered the loss as the court may determine.

(6) The company has an insurable interest in all property on or along its route for which it may be held liable to compensate the owners for loss or damage by fire caused by a railway locomotive, and may procure insurance on it in its own behalf.

Part 27 — Contracts Respecting Traffic
198 (1) A company must not tender to or make with any person or shipper any contract which purports to throw on that person or shipper the necessity or onus of proving as against the company negligence in the event of loss or damage to any goods conveyed on the railway or any part of the undertaking of the company, or which exempts the company from liability in the event of theft or wilful injury to goods by any of the employees of the company.

(2) A company is liable for the loss of or damage to goods entrusted to the company for conveyance, except that the company is not liable when the loss or damage happens
(a) without actual fault or privity of the company, or without the fault or neglect of its agents, servants or employees,
(b) due to fire or the dangers of navigation,
(c) from any defect in or from the nature of the goods themselves, or
(d) from armed robbery or other irresistible force.

(3) A company is not liable for any total or partial loss of gold or silver, diamonds, watches, jewels or precious stones, money or valuable securities, including every document forming the title or evidence of the title to any property of any kind, or articles of great value not being ordinary merchandise, by reason of any robbery, theft, removal or secreting of them, unless their true nature and value has, at the time of delivery for conveyance, been declared by the owner or shipper to the company or its agent or servant, and entered in the bill of lading or otherwise in writing.

(4) A company is liable for loss or injury to livestock or merchandise in the receiving, forwarding or delivering of it occasioned by neglect or default, despite any notice, condition or declaration in any way limiting the liability. (5) Any notice referred to in subsection (4) is null and void. (6) Nothing in subsection (4) or (5) is to be construed to prevent the minister authorizing the insertion in bills of lading of conditions with respect to receiving, forwarding and delivering traffic as the minister considers just and reasonable.

(7) No greater damages may be recovered for a horse than $200, unless declared by the shipper of higher value at the time of delivery for carriage, when the company may demand a reasonable percentage on the excess of value as compensation for increased risk and care. (8) If a higher value is declared under subsection (7),
(a) the percentage or increased rate of charge is to be at a rate first approved by the minister,
(b) proof of value and of amount of injury lies on the person claiming compensation, and
(c) no special contract in any way respecting the receiving, forwarding and delivering is binding on or affects any shipper or consignee unless signed by that person or the person delivering the traffic.

204 (1) All companies must, according to their respective powers, provide to all persons and companies all reasonable and proper facilities for the receiving, forwarding and delivering of traffic on and from their several railways, for the interchange of traffic between their respective railways, and for the return of rolling stock.

(2) The facilities to be provided include
(a) the due and reasonable receiving, forwarding and delivering by the company, at the request of any other company, of through traffic, and, in case of goods shipped by carload, of the car with the goods shipped in it, to and from the railway of the other company, at a through rate, and
(b) the due and reasonable receiving, forwarding and delivering by the company, at the request of any person interested in through traffic, of the traffic at through rates.

(3) A company must not do any of the following:
(a) make or give any undue or unreasonable preference or advantage to or in favour of any particular person or company, or any particular description of traffic, in any respect;
(b) by any unreasonable delay or otherwise in any manner, make any difference in treatment in the receiving, loading, forwarding, unloading or delivery of the goods of a similar character in favour of or against any particular person or company;
(c) subject any particular person or company, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage, in any respect;
(d) so distribute or allot its freight cars as to discriminate unjustly against any locality or industry, or against any traffic which may originate on its railway destined to a point on another railway with which it connects.

(4) A company which has or works a railway forming part of a continuous line of railway with or which intersects any other railway, or which has any terminus, station or wharf near to any terminus, station or wharf of any other railway, must provide all due and reasonable facilities for delivering to the other railway, or for receiving from and forwarding by its railway, all the traffic arriving by the other railway
(a) without any unreasonable delay,
(b) without any preference or advantage or prejudice or disadvantage as mentioned,
(c) so that no obstruction is offered to the public wanting to use the railways as a continuous line of communication, and
(d) so that all reasonable accommodation, by means of the railways of the several companies, is at all times provided to the public.

(5) The reasonable facilities which every railway company is required to provide under this section include reasonable facilities for the junction of private sidings or private branch railways with any railway belonging to or worked by the company, and reasonable facilities for receiving, forwarding and delivering traffic on and from those sidings or private branch railways. (6) A company which grants any facilities for the carriage of goods by express to any incorporated express company or person must grant equal facilities, on equal terms and conditions, to any other incorporated express company which demands such facilities. (7) Any agreement made between any 2 or more companies contrary to this section is unlawful and null and void.

205 (1) The minister may, by certificate, determine, as questions of fact, whether or not traffic is or has been carried under substantially similar circumstances and conditions, and whether there has in any case been unjust discrimination, or undue or unreasonable preference or advantage, or prejudice or disadvantage, within the meaning of this Act, or whether in any case the company has or has not complied with

section 204. (2) The minister may, by certificate, declare what constitutes
(a) substantially similar circumstances and conditions, or unjust or unreasonable preferences, advantages, prejudices or disadvantages within the meaning of this Act, or
(b) compliance or noncompliance with the provisions of this Part. (3) For the purposes of this Part, the minister may, by certificate, order that
(d) cars, motive power or other equipment be allotted, distributed, used or moved, as specified by the minister, or
(e) any specified steps, systems or methods be taken or followed by any particular company or companies, or by railway companies generally.

206 In deciding whether a lower toll or difference in treatment does or does not amount to an undue preference or an unjust discrimination, the minister may consider whether the lower toll or difference in treatment is necessary for the purpose of making possible, in the interests of the public, the shipment of the traffic in respect of which it is made.

207 In any case in which the toll charged by the company for carriage, partly by rail and partly by water, is expressed in a single sum, the minister, for the purpose of determining whether a toll charged is discriminatory or contrary in any way to this Act, may by summary order require the company to declare promptly to the minister, or may determine, what portion of the single sum is charged in respect of the carriage by rail.

Part 32 — General Provisions Respecting Carriage
225 (1) Except as provided in this Act, a contract, condition, bylaw, regulation, declaration or notice made or given by the company, impairing, restricting or limiting its liability in respect of the carriage of any traffic does not relieve the company from that liability, unless the class of contract, condition, bylaw, regulation, declaration or notice has been first authorized or approved by order of the minister by certificate. (2) The minister may, by certificate, determine the extent to which the liability of the company may be impaired, restricted or limited.

229 In case of refusal or neglect of payment on demand of any lawful tolls or any part of them, the tolls or any part of them are, by and on behalf of the company, recoverable in any court of competent jurisdiction. 230 (1) Instead of proceeding under

section 229 for the recovery of the tolls, a company may
(a) seize the goods for or in respect of which the tolls are payable, and
(b) detain the goods until payment. (2) During the time a company detains goods under subsection (1), the goods are at the risk of their owners.

(3) If the tolls are not paid within 6 weeks, and, where the goods are perishable goods, if the tolls are not paid on demand, or the goods are liable to perish while in the possession of the company for delay in payment or taking delivery by the consignee, the company may advertise and sell all or any part of the goods, and out of the money arising from the sale retain the tolls payable and all reasonable charges and expenses of the seizure, detention and sale. (4) The company must pay or deliver the surplus, if any, or the goods that remain unsold, to the person entitled to them.

231 (1) If any goods remain in the possession of a company unclaimed for 12 months, the company may, on giving public notice by advertisement for 4 weeks in the Gazette and in other newspapers it considers necessary, sell the goods by public auction, at a time and place mentioned in the advertisement, and out of the proceeds pay the tolls and all reasonable charges for storing, advertising and selling the goods. (2) The balance of the proceeds, if any, must be kept by the company for a further period of 3 months, to be paid over to any person entitled to it. 232 (1) In this section, "administrator" has the same meaning as in the Unclaimed Property Act.

(1.1) The company must transfer the following to the administrator on the expiry of the applicable period:
(a) any surplus of the proceeds of a sale under

section 230 (3) that is not claimed within the 3 month period after the date of the sale;
(b) the balance of the proceeds of a sale under

section 231 (1) that is not claimed within the 3 month period referred to in section 231 (2). (2) Money transferred to the administrator under subsection (1.1) is deemed to be an unclaimed money deposit under the Unclaimed Property Act. 253 (1) In any proceeding for indemnity for damages or injuries sustained because of the construction or operation of a railway, the defendants may prove that the damage or injury alleged to have been done was under this Act. (2) Nothing in this section applies to any action brought against the company on any breach of contract, express or implied, for or relating to the carriage of any traffic, or to any action against the company for damages under the provisions of this Act respecting tolls.

(3) No inspection done under this Act, and nothing in this Act and nothing done or ordered or omitted to be done or ordered, under this Act, relieves, or is to be construed to relieve, any company of or from or in any way diminish or affect any liability or responsibility resting on it, either toward the government or any person, or the spouse, parent or child, executor or administrator, heir or personal representative, of any person, for anything done or omitted to be done by the company, or for any wrongful act, neglect or default, misfeasance, malfeasance or nonfeasance of the company.

255 (1) The commissioner of the Provincial police force and any inspector of the force may, on the application of the company, or the application of a clerk or agent of the company, appoint any person recommended for that purpose by the company, clerk or agent to act as constable on and along a railway owned or operated by the company.

(2) A person appointed under subsection (1) must take an oath or make a solemn declaration, which may be administered by any judge or official authorized to make the appointment or to administer oaths, in the form or to the effect following:
I, A.B., having been appointed a constable to act upon and along [name of railway], under the Railway Act, swear that I will well and truly serve our Sovereign Lady the Queen in the office of constable, without favour or affection, malice or ill will; that I will, to the best of my power, cause the peace to be kept, and prevent all offences against the peace; and that while I continue to hold the office I will, to the best of my skill and knowledge, discharge its duties faithfully, according to law.

So help me God. (3) The appointment must be made in writing and be signed by the official making the appointment, and the fact that the person appointed by the written appointment has taken the oath or declaration must be endorsed on the written appointment by the person administering the oath or declaration.

256 (1) A constable appointed who has taken the oath or made the declaration may act as a constable for the preservation of the peace, and for the security of persons and property against unlawful acts
(a) on the railway, and on any of the works belonging to it,
(b) on and about any trains, roads, wharves, quays, landing places, warehouses, land and premises belonging to the company, whether they are in the county, city, town, municipality, district or other local jurisdiction within which the constable was appointed, or in any other place through which the railway passes or in which it terminates, or through or to which any railway passes which is worked or leased by the company, and
(c) in all places not more than 1/4 mile distant from the railway.

(2) A constable appointed under this Part has all the powers, protection and privileges for the apprehending of offenders, as well by night as by day, and for doing all things for the prevention, discovery and prosecution of offences, and for keeping the peace, as any constable duly appointed has within the constable's jurisdiction. 257 The minister may by summary order, and the commissioner of the Provincial police force may by summary order, cancel the appointment of and dismiss any constable appointed under this Part. 282 (1) If in any special Act there is a provision that prevents the application of any section in any Act repealed by S.B.C.

1911, c. 44, to the undertaking of the company named in the special Act, the similar provision in this Act to the repealed section does not apply to the undertaking. (2) If in and by the special Act provision is made for the application to the undertaking of the company by express enumeration of any section or sections of a repealed Act, the section or sections expressly enumerated, for the purposes of the special Act and of the undertaking of the company named in the special Act, remain in full force, and must be taken to be and to have always been incorporated with and to form and to have always formed part of the special Act. Copyright © King's Printer, Victoria, British Columbia, Canada

section 2 of the Financial Services Authority Act;
"bare land strata lot" means
(a) a strata lot in a bare land strata plan, and
(b) in relation to land located outside British Columbia, a similar lot;
"bare land strata plan" means
(a) a bare land strata plan as defined in the Strata Property Act, and
(b) in relation to land located outside British Columbia, a similar plan;
"brokerage" means a person licensed as a brokerage under the Real Estate Services Act;
"consolidated disclosure statement" means a statement filed with the superintendent under

section 15.2 [consolidated disclosure statements];
"cooperative association" means
(a) a corporation, as defined in the Business Corporations Act,
(b) a limited liability company, as defined in the Business Corporations Act,
(d) an entity incorporated or otherwise created outside British Columbia that is similar to one described in paragraphs (a) to (c)
that owns, leases or has a right to acquire land;
"cooperative interest" means an interest that includes both
(i) of ownership, directly or indirectly, of one or more shares in the cooperative association, or
(ii) to be a partner or member, directly or indirectly, in the cooperative association, and
(b) as a result of the right described in paragraph (a), a right to use or occupy a part of the land in which a cooperative association has an interest;
"deposit" means money paid by a purchaser to a developer in relation to a development unit before the purchaser acquires title or any other interest in the development unit;
"developer" means a person who, directly or indirectly, owns, leases or has a right to acquire or dispose of development property, unless the person is, or is in a class of persons which is, excluded by regulation;
"development property" means any of the following:
(a) 5 or more subdivision lots in a subdivision, unless each lot is 64.7 ha or more in size;
(b) 5 or more bare land strata lots in a bare land strata plan;
(c) 5 or more strata lots in a stratified building;
(d) 2 or more cooperative interests in a cooperative association;
(e) 5 or more time share interests in a time share plan;
(f) 2 or more shared interests in land in the same parcel or parcels of land;
(g) 5 or more leasehold units in a residential leasehold complex;
"development unit" means any of the following in a development property:
(f) a shared interest in land;
"director" means
(a) in the case of a corporation as defined in the Business Corporations Act, a director as defined in that Act, and
(b) in the case of a partnership or other entity,
(i) a person who holds the title of director, and
(ii) a person who, by whatever name designated, performs the functions of a director of a corporation;
"disclosure statement" means a statement that discloses material facts about a development property, prepared in accordance with

section 14 (2) [filing disclosure statements], and includes a consolidated disclosure statement, a phase disclosure statement and an amendment made to a disclosure statement;
"financial services tribunal" means the financial services tribunal under the Financial Institutions Act;
"land title office" means
(a) a land title office under the Land Title Act, and
(b) in relation to land located outside of British Columbia, an office that performs a similar function;
"leasehold unit" means a unit in a residential leasehold complex;
"market" means
(b) to offer to sell or lease, and
(c) to engage in any transaction or other activity that will or is likely to lead to a sale or lease;
"material fact" means, in relation to a development unit or development property, any of the following:
(a) a fact, or a proposal to do something, that affects, or could reasonably be expected to affect, the value, price, or use of the development unit or development property;
(b) the identity of the developer;
(c) the appointment, in respect of the developer, of a receiver, liquidator or trustee in bankruptcy, or other similar person acting under the authority of a court;
(d) any other prescribed matter;
"misrepresentation" means
(a) a false or misleading statement of a material fact, or
(b) an omission to state a material fact;
"new purchaser" means a purchaser who has not previously received from a developer a disclosure statement in relation to the development unit or development property;
"phase disclosure statement" means a statement filed with the superintendent under

section 15.1 [phase disclosure statements];
"previously occupied building" means a building that has been occupied at any time in its past for any purpose, including residential, commercial, institutional, recreational or industrial use;
"purchase agreement" means a contract of purchase and sale or a contract to lease;
"purchaser" means
(a) a purchaser, from a developer, of a development unit,
(b) a lessee, from a developer, of a development unit, and
(c) a prospective purchaser or lessee, from a developer, of a development unit;
"residential leasehold complex" means a complex containing one or more buildings capable of being used, in whole or in part, for leasehold residential purposes, other than buildings comprised of strata lots, cooperative interests or shared interests in land;
means a person's interest in one or more parcels of land if
(a) the parcel or parcels are owned or leased, directly or indirectly, by the person and at least one other person, and
(b) as part of any arrangement relating to the acquisition of the person's interest, that person's right of use or occupation of the land is limited to a part of the land;
"sketch plan" means
(a) a sketch plan as defined in the Land Title Act, and
"strata lot" means
(a) a strata lot as defined in the Strata Property Act in a stratified building, and
(b) in relation to land located outside of British Columbia, a similar interest;
"strata plan" means
(a) any strata plan as referred to in the Strata Property Act, and
"stratified building" means a building subject to a strata plan that is not a bare land strata plan;
"subdivision" means land that is divided into lots or parcels, other than under the Strata Property Act;
"subdivision lot" means a lot or parcel in a subdivision;
"superintendent" means the Superintendent of Real Estate appointed under

section 2.1 (1) of the Real Estate Services Act;
means a person's interest in a time share plan;
means a plan in respect of land in which persons participating in the plan
(a) each have a right of recurring use, occupation or possession of all or part of the land, including any accommodations or facilities located on it, on a periodic basis, and
(b) may or may not acquire an ownership interest in the land that is the subject of the plan. 2 (1) This Act applies to a developer who markets, in British Columbia, a development unit.

(2) This Act applies regardless of whether
(a) the development unit being marketed is located in British Columbia or not,
(b) the land that a developer owns, leases or has a right to acquire or dispose of
(i) has not yet been divided into development units, or
(ii) is divided once or in successive stages, if, in the opinion of the superintendent, the successive divisions occur reasonably close in time, or
(i) markets development units relating to the same development property simultaneously or at different times, or
(ii) does not intend to market one or more development units within a development property.

Part 2 — Marketing and Holding Deposits
Division 1 — Marketing Requirements Generally
3 (1) A developer who markets or intends to market a development unit must
(a) meet the applicable requirements of Division 2 [Preliminary Requirements or Approvals],
(b) ensure that arrangements have been made in accordance with Division 3 [Title Assurance and Utility Payments]
(i) to assure the purchaser's title or other interest for which the purchaser has contracted, and
(ii) to pay the cost of utilities and other services, and
(c) file and provide a disclosure statement in accordance with Division 4 [Disclosure Statements]. (2) A developer who receives a deposit must deal with the deposit in accordance with Division 5 [Deposits].

Division 2 — Preliminary Requirements or Approvals
4 A developer must not market a subdivision lot or a bare land strata lot unless, in relation to the subdivision lot or bare land strata lot,
(a) a subdivision plan or bare land strata plan, as applicable, has been deposited in a land title office, or
(b) an approving officer has given preliminary layout approval. 5 (1) A developer must not market a strata lot or a leasehold unit unless, in relation to the strata lot or leasehold unit,
(a) a strata plan or sketch plan, as applicable, has been deposited in a land title office, or
(b) the appropriate municipal or other government authority has issued a building permit in relation to the strata lot or leasehold unit.

(2) In addition to the requirement under subsection (1), a developer must not market a strata lot that is created or intended to be created by the conversion of a previously occupied building in British Columbia, unless, in relation to the strata lot, the requirements of

section 242 [approval for conversion of previously occupied buildings] of the Strata Property Act have been met. 6 (1) A developer must not market a cooperative interest that includes a right of use or occupation of a building unless the appropriate municipal or other government authority has issued a building permit in relation to the land that is to be subject to the cooperative interest. (2) In addition to the requirement under subsection (1), a developer must not market a cooperative interest that is created or intended to be created by the conversion of a previously occupied building in British Columbia, unless, in relation to the cooperative interest, an approving authority has given approval for the conversion.

(3) A developer must not market a cooperative interest that does not include a right of use or occupation of a building unless the appropriate municipal or other government authority has given development approval in relation to the land that is to be subject to the cooperative interest.

7 A developer must not market a time share interest unless
(a) the land, accommodations and facilities that are subject to the time share plan can be lawfully used or occupied by a purchaser, or
(b) the appropriate municipal or other government authority has, in relation to the land that is to be subject to the time share interest,
(i) if the time share interest includes a right of use, occupation or possession of a building, issued a building permit, or
8 (1) Despite

section 2 (2) (a) [application], this section does not apply to a shared interest in land that is located outside British Columbia. (2) A developer must not market a shared interest in land that includes a right of use or occupation of a building unless the appropriate municipal or other government authority has issued a building permit in relation to the land that is to be subject to the shared interest in land. (3) In addition to the requirement under subsection (2), a developer must not market a shared interest in land that includes a right of use or occupation of a previously occupied building unless an approving authority has given approval, in accordance with subsection (5), to market the shared interest in land.

(4) A developer must not market a shared interest in land that does not include a right of use or occupation of a building unless an approving officer has given approval, in accordance with subsection (6), to market the shared interest in land. (5) For the purpose of subsection (3),
(a)

section 242 (1) to (6) and (11) [approval for conversion of previously occupied buildings] of the Strata Property Act applies in respect of the intended marketing as if it were an intended conversion into strata lots under that Act, and
(b) the approving authority must deal with the matter as if the intended marketing were an intended conversion into strata lots under that Act.

(6) For the purpose of subsection (4), an approving officer, within 2 months of receiving an application for approval, or within a longer period prescribed by the Lieutenant Governor in Council, must
(ii) any criteria prescribed by the Lieutenant Governor in Council, and
(iii) any other matter that the approving officer considers to be relevant, and
(b) notify the developer, in writing, that
(ii) the approval is refused until conditions specified in the notice are met, or
(iii) the approval is refused, in which case, the notice must set out the reasons for the refusal.

9 A developer must not market a shared interest in land that is located outside British Columbia unless
(a) the shared interest in land can be lawfully used or occupied by a purchaser, or
(b) the appropriate municipal or other government authority has, in relation to the land that is to be subject to the shared interest in land,
(i) if the shared interest in land includes a right of use or occupation of a building, issued a building permit, or
10 (1) Despite sections 4 to 9 [subdivision lots and bare land strata lots to shared interests in land outside B.C.

], a developer may market a development unit if the developer has obtained both
(a) approval in principle to construct or otherwise create the development unit from the appropriate municipal or other government authority, and
(b) the superintendent's permission to begin marketing. (2) In relation to a permission given under subsection (1) (b), the superintendent may
(a) attach conditions to the permission, and
(b) at any time, revoke the permission. (3) The superintendent may publish, in accordance with the regulations, a policy statement setting out circumstances in which permission will be deemed to be granted under subsection (1) (b) to developers who are described by the circumstances set out in the notice.

(4) If the superintendent publishes a policy statement under subsection (3), a developer who is described by the circumstances set out in the policy statement
(a) is deemed to have the superintendent's permission under subsection (1) (b), and
(b) must comply with the terms and conditions, if any, that are stated in the policy statement. Division 3 — Title Assurance and Utility Payments
11 (1) A developer must not market a development unit unless the developer has made adequate arrangements to ensure that a purchaser of the development unit will have assurance of title or of the other interest for which the purchaser has contracted.

(2) For the purpose of subsection (1), a developer has made adequate arrangements to ensure that a purchaser of a development unit will have assurance of title or of the other interest for which the purchaser has contracted if
(a) arrangements have been made for title to the development unit to be held in trust by a lawyer, notary public or another person, or class of persons, specified by the superintendent until title or the other interest for which the purchaser has contracted is assured,
(b) the developer provides a bond to the superintendent or other person specified by the superintendent for the benefit and protection of purchasers, with surety in the amount and subject to the terms required by the superintendent, or
(c) the developer has made other arrangements that are satisfactory to the superintendent.

(3) Without limiting subsection (1) or (2), if a development unit may be affected by a mortgage, lien or other encumbrance that secures or evidences the payment of money, the developer must
(a) ensure that the mortgage, lien or other encumbrance provides, without condition, that a purchaser who complies with the terms and conditions of the purchaser's purchase agreement obtains title, or the other interest for which the purchaser has contracted, free and clear of the mortgage, lien or other encumbrance, or
(b) make other arrangements, satisfactory to the superintendent, to assure title or the other interest for which the purchaser has contracted.

12 (1) A developer must not market a development unit unless the developer has made adequate arrangements to ensure payment of the cost of utilities and other services associated with the development unit.

(2) For the purpose of subsection (1), a developer has made adequate arrangements to ensure payment of the cost of utilities and other services associated with the development unit if
(a) arrangements have been made for title to the development unit to be held in trust by a lawyer, notary public or another person, or class of persons, specified by the superintendent until the cost of utilities and other services associated with the development unit has been paid,

13 (1) The superintendent may publish, in accordance with the regulations, a policy statement setting out circumstances in which arrangements made under

section 11 (2) (c) and (3) (b) [assurance of title] or 12 (2) (c) [utilities and services] are deemed adequate for the purpose of those sections. (2) If the superintendent publishes a policy statement under subsection (1), a developer who has made the arrangements set out in the policy statement
(a) is deemed to have made adequate arrangements to ensure
(i) that a purchaser of a development unit will have assurance of title or the other interest for which the purchaser has contracted, or
(ii) payment of the cost of utilities and other services associated with a development unit,
as applicable, and
(b) must comply with the terms and conditions, if any, that are stated in the policy statement.

Division 4 — Disclosure Statements
14 (1) A developer must not market a development unit unless the developer has
(a) prepared a disclosure statement respecting the development property in which the development unit is located, and
(b) filed with the superintendent
(i) the disclosure statement described under paragraph (a), and
(ii) any records required by the superintendent under subsection (3). (2) A disclosure statement must
(a) be in the form and include the content required by the superintendent,
(b) without misrepresentation, plainly disclose all material facts,
(c) set out the substance of a purchaser's rights to rescission as provided under

section 21 [rights of rescission], and
(d) be signed as required by the regulations. (3) A developer must provide to the superintendent any records the superintendent requires to support any statement contained in the disclosure statement filed under subsection (1). (4) Without limiting

section 16 [non-compliant disclosure statements], if a developer markets development units in phases, the developer, before marketing each successive phase, must file with the superintendent an amendment to a disclosure statement submitted in respect of the previous phase. (4.1) Despite subsection (4), a developer who markets development units in a successive phase of a strata plan that is the subject of a Phased Strata Plan Declaration under the Strata Property Act need not file an amendment to a disclosure statement if both of the following apply:
(a) the developer files a phase disclosure statement under

section 15.1 [phase disclosure statements] before marketing development units in the successive phase;
(b) the developer does not market any development units in any previous phase of the development property. (5) On a person's payment of the prescribed fee, the superintendent must
(a) permit the person to inspect, at the superintendent's office and during regular business hours, a disclosure statement filed under this section, and
(b) provide a copy of a disclosure statement filed under this section, or a copy of part of it, to a person who requests it.

15 (1) A developer must not enter into a purchase agreement with a purchaser for the sale or lease of a development unit unless
(a) a copy of the disclosure statement prepared in respect of the development property in which the development unit is located has been provided to the purchaser,
(b) the purchaser has been afforded reasonable opportunity to read the disclosure statement, and
(c) the developer has obtained a written statement from the purchaser acknowledging that the purchaser had an opportunity to read the disclosure statement. (a) retain a written statement obtained under subsection (1) (c) for a period of 3 years or a longer period prescribed by regulation, and
(b) produce the written statement for inspection by the superintendent on the superintendent's request. (3) Despite

section 4 (2) of the Electronic Transactions Act, a developer may provide a copy of a disclosure statement by electronic means only with the written consent of the purchaser. 15.1 (1) A developer who markets development units in a strata plan that is the subject of a Phased Strata Plan Declaration under the Strata Property Act
(a) may, before marketing development units in a phase, file with the superintendent a phase disclosure statement under this section, and
(b) may provide the phase disclosure statement to a new purchaser. (2) A developer must ensure that a phase disclosure statement complies with

section 14 (2) [filing disclosure statements] in relation to the development property and the development units in the phase.

(3) Despite any provisions in this Act or the regulations, but subject to subsection (4), if a developer provides a phase disclosure statement to a new purchaser of a development unit in a phase, the developer need not provide to the new purchaser
(a) the first disclosure statement filed in relation to the development property by the developer,
(b) any amendment to a disclosure statement filed prior to or at the same time as the filing of the phase disclosure statement,
(c) any consolidated disclosure statements filed in relation to other phases of the development property, or
(d) any phase disclosure statements filed in relation to other phases of the development property.

(4) A new purchaser who receives a phase disclosure statement may request in writing a copy of a disclosure statement referred to in subsection (3) (a), (b), (c) or (d), and the developer must provide to the new purchaser, without charge, a copy of the disclosure statement no later than 30 days after receipt of the request. 15.2 (1) A developer who files an amendment to a disclosure statement, including an amendment to a phase disclosure statement,
(a) may also file with the superintendent a consolidated disclosure statement under this section, and
(b) may provide the consolidated disclosure statement to a new purchaser.

(2) A developer must ensure that a consolidated disclosure statement contains the following:
(a) in the case of a phase of a development property with respect to which a phase disclosure statement has been filed, the content of the phase disclosure statement filed in relation to the phase as modified by any subsequently filed amendment to the phase disclosure statement;
(b) in every other case, the content of the first disclosure statement in relation to the development property filed by the developer as modified by any subsequently filed amendment to the first filed disclosure statement.

(3) Despite any provision in this Act or the regulations, but subject to subsection (4), if a developer provides a consolidated disclosure statement to a new purchaser, the developer need not provide to the new purchaser
(b) the phase disclosure statement in a case where the consolidated disclosure statement is in relation to a phase of a development property with respect to which a phase disclosure statement has been filed,
(c) any amendments to a disclosure statement filed prior to or at the same time as the filing of the consolidated disclosure statement, or
(d) any consolidated disclosure statement previously filed in relation to the development property.

(4) A new purchaser who receives a consolidated disclosure statement may request in writing a copy of any disclosure statement referred to in subsection (3) (a), (b), (c) or (d), and the developer must provide to the new purchaser, without charge, a copy of the disclosure statement no later than 30 days after receipt of the request.

16 (1) If a developer becomes aware that a disclosure statement does not comply with the Act or regulations, or contains a misrepresentation, the developer must immediately
(a) file with the superintendent, as applicable under subsection (2) or (3),
(i) a new disclosure statement, or
(ii) an amendment to the disclosure statement that clearly identifies and corrects the failure to comply or the misrepresentation, and
(b) within a reasonable time after filing a new disclosure statement or an amendment under paragraph (a), provide a copy of the disclosure statement or amendment to each purchaser
(i) who is entitled, at any time, under

section 15 [providing disclosure statements to purchasers] to receive the disclosure statement, and
(ii) who has not yet received title, or the other interest for which the purchaser has contracted, to the development unit in the development property that is the subject of the disclosure statement. (2) A developer must file a new disclosure statement under subsection (1) (a) (i) if the failure to comply or misrepresentation referred to in that subsection
(a) is respecting a matter set out in paragraph (b) or (c) of the definition of "material fact" in

section 1 [definitions],
(b) is respecting a matter set out in paragraph (d) of the definition of "material fact" in

section 1, and the regulation prescribing the matter specifies that a new disclosure statement must be filed if subsection (1) of this section applies, or
(c) is of such a substantial nature that the superintendent gives notice to the developer that a new disclosure statement must be filed. (3) A developer must file an amendment to the disclosure statement under subsection (1) (a) (ii) in any case to which subsection (2) does not apply.

(4) A developer who is required to file a new disclosure statement or an amendment under subsection (1) must not market a development unit in the development property that is the subject of the new disclosure statement or amendment
(a) until the developer has complied with subsection (1) (a), or
17 The superintendent is not under any duty to determine any of the following:
(a) the merits of any statement contained in a disclosure statement;
(b) whether a disclosure statement contains a misrepresentation;
(c) whether a disclosure statement filed with the superintendent, or the information contained in it, meets the requirements of this Act and the regulations.

18 (1) A developer who receives a deposit from a purchaser in relation to a development unit must promptly place the deposit with a brokerage, lawyer, notary public or prescribed person who must hold the deposit as trustee in a trust account in a savings institution in British Columbia. (2) A trustee under subsection (1) holds the deposit for the developer and the purchaser and not as an agent for either of them and must not release the deposit from trust except as follows:
(a) if the money was paid into the trust account in error;
(b) to the purchaser with the written consent of the purchaser and the developer;
(c) in accordance with subsection (3) or (4);
(d) in accordance with

section 19 [developer use of deposit] of this Act;
(e) in accordance with

section 21 [rights of rescission] of this Act;
(f) in accordance with

section 32 [unclaimed money held in trust] of the Real Estate Services Act;
(g) in accordance with

section 33 [payment of trust funds into court] of the Real Estate Services Act;
(h) in accordance with a court order;
(i) in accordance with the regulations under this Act. (3) A trustee under subsection (1) must release the deposit to the developer if the developer certifies in writing that
(a) the purchaser who paid the deposit has no right to rescission under

section 21 [rights of rescission],
(b) if required, the subdivision plan, strata plan or other plan has been deposited in the appropriate land title office,
(c) the approvals required for the lawful occupation of the development unit have been obtained, and
(i) if all or part of the purchaser's interest in the development unit is registrable in a land title office, the interest has been registered in the appropriate land title office and an instrument evidencing the registration has been delivered to the purchaser, or
(ii) if all or part of the purchaser's interest in the development unit is not registrable in a land title office, an instrument evidencing the interest of the purchaser has been delivered to the purchaser.

(4) A trustee under subsection (1) must release the deposit to the developer if the developer certifies in writing that

(b) the purchaser has failed to pay a subsequent deposit or the balance of the purchase price when required by the purchase agreement under which the deposit held by the trustee was paid,
(c) under the terms of the purchase agreement, if the purchaser fails to pay a subsequent deposit or the balance of the purchase price when required, the developer may elect to cancel the purchase agreement and, if the developer elects to cancel the purchase agreement, the amount of the deposit is forfeited to the developer, and
(d) the developer has elected to cancel the purchase agreement.

(5) For the purposes of subsection (2) (f) and (g), the provisions of the Real Estate Services Act referred to in that subsection apply to a trustee as if the trustee were a brokerage. (6) Payment to a person in accordance subsection (2) (b), (c), (d) or (e) discharges the trustee from liability for the deposit in the amount paid out. "deposit protection contract" has the same meaning as in

section 142 (1) of the Insurance Act;
"developer's own purposes" means purposes related to the development property that includes the development unit in relation to which the deposit under

section 18 (1) [handling deposits] was paid, including, without limitation, the construction and marketing of that development property. (2) A developer who desires to use for the developer's own purposes a deposit the developer has placed with a trustee under

section 18 (1), must enter into a deposit protection contract in relation to that deposit and provide notice of the deposit protection contract to the purchaser in accordance with the regulations. (3) A trustee must pay a deposit held under

section 18 (1) to a developer who has entered into a deposit protection contract in relation to the deposit on receiving
(a) from an insurer the original or a true copy of the deposit protection contract, and
(b) from the developer a certification, in writing, that the purchaser who paid the deposit has no right to rescission under

section 21 [rights of rescission]. (4) If a deposit is paid under subsection (3), the developer may use that deposit only for the developer's own purposes. 20 (1) The superintendent may exempt, with or without conditions, the following from all or part of a provision of this Part:
(b) land that is, or will be, the subject of development;
(2) The superintendent may suspend or cancel an exemption made under subsection (1). (3) If an exemption has been made in respect of a class of persons, land or transactions under

section 46 [regulations], the superintendent may suspend or cancel the exemption in relation to a particular person, land or transaction within the class, if the superintendent has reason to believe that
(a) the person is not complying with the terms or conditions of the exemption, or
(b) the exemption, if applied to that land or transaction, would be detrimental to the public interest. (4) If the superintendent makes an exemption, or suspends or cancels an exemption, under this section, the superintendent must publish, in accordance with the regulations, the exemption, suspension or cancellation.

Part 2.1 — Assignment Reporting Requirements
20.1 In this Part:
"administrator" means the administrator designated under the Property Transfer Tax Act;
"assignment" means a transfer of some or all of the rights, obligations and benefits under a purchase agreement made in respect of a strata lot in a development property, whether the transfer is made by the purchaser under the purchase agreement to another person or is a subsequent transfer. 20.2 This Part applies in respect of purchase agreements, entered into by developers, for the sale or lease of strata lots in development properties located in British Columbia.

20.3 (1) Unless the developer does not permit the assignment of the purchase agreement, a developer who enters into a purchase agreement for the sale or lease of a strata lot must include in the purchase agreement, in the prescribed form, all of the following:
(a) a term prohibiting any assignment of the purchase agreement without the prior consent of the developer;
(b) a notice that, before the developer consents to an assignment of the purchase agreement, the developer will be required to collect from the proposed parties to the assignment agreement the information and records referred to in subsection (2);
(c) a term requiring all proposed parties to an assignment agreement to give to the developer the information and records referred to in subsection (2).

(2) A developer must not consent to any assignment of a purchase agreement unless the developer first collects, from each proposed party to the assignment agreement, all prescribed information and records, including personal information,
(a) respecting the identity of the party,
(b) respecting contact and business information of the party,
(c) respecting the terms of the assignment agreement, and
(d) required for the purposes of

section 20.5 [confidentiality]. (3) A developer who has consented to an assignment of a purchase agreement must
(a) collect from the parties to the assignment a copy of the written and signed assignment agreement, and
(b) keep a copy of the assignment agreement in the prescribed manner for the prescribed period. 20.4 (1) A developer must file with the administrator, in the form and manner required by the administrator and as required by the regulations, the following:
(a) for each assignment to which the developer consents, the information and records collected under

section 20.3 (2) [requirements respecting assignments];
(b) if paragraph (a) does not apply, a statement that no information or records were collected under

section 20.3 (2). (2) The administrator may require a developer to file additional information or records for the purpose of verifying the information and records filed under subsection (1). (3) A developer must comply with a requirement made under subsection (2) within the period set by the administrator.

20.5 (1) Subject to subsection (2), the administrator or another person having custody or control of information or records collected under this Part must not use or disclose the information or records except
(a) for the purposes of administering or enforcing this Act, a taxation Act, the Home Owner Grant Act or the Land Tax Deferment Act,
(b) in court proceedings related to this Act or an Act referred to in paragraph (a),
(i) is between the government and another government,
(ii) relates to the administration or enforcement of tax enactments, and
(iii) provides for the disclosure of information and records to and the exchange of similar information and records with that other government,
(d) for the purpose of the compilation of statistical information by the government or the government of Canada, or
(e) to the British Columbia Assessment Authority.

(2) If the superintendent has custody or control of information or records collected under this Part, the superintendent must not use or disclose the information or records except for a purpose set out in subsection (1) (a) or (b). (3) Except in respect of a proceeding under an Act referred to in subsection (1) (a), the administrator or another person to whom subsection (1) applies may not be compelled in a civil proceeding to disclose or give evidence respecting any information or records obtained by the administrator or person in the course of exercising powers or performing duties under this Act.

20.6 The Lieutenant Governor in Council may exempt, by order, from all or part of a provision of this Part, with or without conditions,
(b) land that is, or will be, the subject of development, or
Part 3 — Remedies and Enforcement
21 (1) A purchaser does not have a right of rescission under this section
(a) if the purchaser is not entitled to receive a disclosure statement under this Act, or
(b) as a result of receiving an amendment to a disclosure statement in respect of a development property, including an amendment described in

section 16 (1) (a) (ii) [non-compliant disclosure statements], unless the purchaser has not previously received any disclosure statement in respect of that development property. (2) Regardless of whether title, or the other interest for which a purchaser has contracted, to a development unit has been transferred, a purchaser of the development unit may rescind the purchase agreement by serving written notice of the rescission on the developer within 7 days after the later of
(a) the date that the purchase agreement was made, and
(b) the date that the developer obtained, under

section 15 (1) (c) [providing disclosure statements to purchasers], a written statement from the purchaser acknowledging that the purchaser had an opportunity to read
(i) the disclosure statement provided under that section, or
(ii) a new disclosure statement, if any, described in

section 16 (1) (a) (i) [non-compliant disclosure statements]. (3) Subject to subsection (3.1), regardless of whether title, or the other interest for which a purchaser has contracted, to a development unit has been transferred, if a purchaser is entitled to a disclosure statement in respect of a development property under this Act and does not receive the disclosure statement, the purchaser may rescind, at any time, a purchase agreement of a development unit in that development property by serving a written notice of rescission on the developer.

(3.1) Subsection (3) does not apply if the disclosure statement the purchaser is entitled to receive, but does not receive, in respect of a development property is any of the following:
(a) an amendment to a disclosure statement;
(b) a disclosure statement that the purchaser becomes entitled to receive as a result of a request made under

section 15.1 (4) [phase disclosure statements];
(c) a disclosure statement that the purchaser becomes entitled to receive as a result of a request made under

section 15.2 (4) [consolidated disclosure statements]. (3.2) Regardless of whether title, or the other interest for which a purchaser has contracted, to a development unit has been transferred, a purchaser of a development unit may rescind a purchase agreement by serving a written notice of rescission on the developer if the purchaser does not receive an amendment to a disclosure statement that the purchaser was entitled to receive, and if all of the following apply:
(a) the purchaser does not become entitled to receive the amendment to the disclosure statement only as a result of a request made under

section 15.1 (4) [phase disclosure statements] or 15.2 (4) [consolidated disclosure statements];
(b) the amendment the purchaser is entitled to receive relates to or would have related to a fact or proposal to do something that is a material fact on the earlier of the following dates:
(i) the date on which the notice of rescission is served on the developer;
(ii) the date on which the purchase agreement requires the developer to transfer to the purchaser title or the other interest for which the purchaser has contracted;
(c) the amendment the purchaser is entitled to receive relates to or would have related to a fact or proposal to do something that was or would have been reasonably relevant to the purchaser in deciding to enter into the purchase agreement;
(d) no more than one year has elapsed after the transfer of title or the other interest for which that purchaser has contracted.

(4) A notice of rescission under subsection (2), (3) or (3.2) must be served according to the regulations. (5) If a developer is served with a notice of rescission that complies with the requirements of subsections (2) to (4), the developer must immediately inform the person who is holding the purchaser's deposit under

section 18 [handling deposits]. (6) If a person who is holding a purchaser's deposit under

section 18 is informed, under subsection (5), of the purchaser's rescission, the person must promptly return the deposit to the purchaser. (7) If a purchaser to whom title, or the other interest for which the purchaser has contracted, has been transferred serves a notice of rescission on a developer, the developer may apply to court for an order that the purchaser must pay to the developer market rent for occupation of the development unit.

"developer" means a developer that is required by the Act or regulations to
(a) file a disclosure statement with the superintendent, or
(b) provide a disclosure statement to a purchaser
in respect of a development property;
"director" means a director of a developer at the time that the developer
(a) filed a disclosure statement with the superintendent, or
(b) provided a disclosure statement to any purchaser
in respect of a development property. (2) This section does not apply to a purchaser who is not entitled to receive a disclosure statement under this Act.

(3) If a developer files a disclosure statement respecting a development property and the disclosure statement contains a misrepresentation, a purchaser of a development unit in the development property, whether the purchaser received the disclosure statement or not,
(a) is deemed to have relied on the misrepresentation, and
(b) has a right of action for damages against
(iii) a person who consented to be named, and was named, in the disclosure statement as a developer or director,
(iv) a person who authorized the filing of the disclosure statement, and
(v) a person who signed the disclosure statement.

(a) a disclosure statement contains a misrepresentation at the time at which a purchaser and a developer enter into a purchase agreement, and
(b) the misrepresentation is removed or otherwise corrected after the purchaser and developer have entered into the purchase agreement,
subsection (3) continues to apply as if the misrepresentation had not been removed or corrected. (5) A person is not liable to a purchaser under subsection (3) if the person proves that the purchaser had knowledge of the misrepresentation at the time at which the purchaser received the disclosure statement.

(6) An individual is not liable to a purchaser under subsection (3) if the individual proves
(i) the disclosure statement was filed without the individual's knowledge or consent, and
(ii) on becoming aware of its filing, the individual gave written notice to the developer, the superintendent and the public that it was filed without the individual's knowledge or consent, or
(b) that, after filing the disclosure statement but before entering into a purchase agreement with the purchaser in relation to a development unit in the development property to which the disclosure statement relates, the individual
(i) became aware of a misrepresentation in the disclosure statement,
(ii) withdrew the individual's consent to the disclosure statement, and
(iii) gave written notice to the developer, the superintendent and the public of the withdrawal and the reason for it.

(7) An individual is not liable under subsection (3) with respect to any part of the disclosure statement made on the authority of an expert if the individual had no reasonable grounds to believe, and did not believe, that the opinion of the expert
(a) was based on, or contained, a misrepresentation, or
(b) was unfairly represented in the disclosure statement. (8) An individual is not liable under subsection (3) with respect to any part of a disclosure statement not made on the authority of an expert if the individual
(a) made reasonable inquiries to determine whether the disclosure statement contained a misrepresentation, and
(b) believed that there had been no misrepresentation.

(9) An action for damages under this section may not be commenced more than 2 years after the misrepresentation on which the action is based first comes to the knowledge of the purchaser. 23 (1) Subject to subsection (2), a purchase agreement in relation to a development unit is not enforceable against the purchaser by a developer who has breached any provision of Part 2 [Marketing and Holding Deposits].

(2) A purchase agreement in relation to a development unit is enforceable against the purchaser if either of the following applies to each of the developer's breaches of Part 2:
(a) the breach involves a disclosure statement that does not comply with the Act or the regulations, but there is no misrepresentation in the disclosure statement concerning a material fact that was or would have been reasonably relevant to the purchaser in deciding to enter into the purchase agreement;
(b) the breach involves a disclosure statement that includes a misrepresentation concerning a material fact, but the developer was not aware of the misrepresentation at the time the purchaser and the developer entered into the purchase agreement and the misrepresentation is corrected in an amendment to the disclosure statement to which both of the following apply:
(i) the amendment is filed with the superintendent no later than 30 days after the developer becomes aware of the misrepresentation and the amendment is provided to the purchaser within a reasonable time after filing, as required by

section 16 (1) (b) [non-compliant disclosure statements];
(ii) the amendment is filed with the superintendent and provided to the purchaser no later than 14 days before the date on which the purchase agreement requires the developer to transfer to the purchaser title or the other interest for which the purchaser has contracted. Division 2 — Enforcement Powers
24 In this Division:
"developer" includes a former developer;
"non-compliant" means, in respect of a developer,
(a) contravening a provision of this Act or the regulations,
(b) failing to comply with the terms or conditions of
(i) an order of the superintendent,
(ii) a permission given by the superintendent under

section 10 [early marketing with permission],
(iii) a policy statement issued under

section 10 (4) (b) or 13 (2) (b) [deemed adequate arrangements], and
(iv) an undertaking given under

section 36 [undertakings],
(c) failing to follow any direction of the superintendent in relation to an arrangement made under

section 11 (2) (c) or (3) (b) [assurance of title] or 12 (2) (c) [utilities and services], and
(d) making, or allowing to be made,
(i) a misrepresentation in any record that is required to be produced or submitted under this Act, or
(ii) a false or misleading statement in a certification under

section 18 [handling deposits], in information or a record filed under section 20.4 [filing information respecting assignments] or in an investigation under section 25 [investigations];
"recipient of the notice" means a person who receives a notice under

section 27 (1) [notice of hearing] that a hearing will be held to determine whether a developer is, or has been, non-compliant. 25 (1) The superintendent may, by order, appoint investigators for the purposes of this section by doing one or both of the following:
(a) naming a specific person as an investigator;
(b) providing that a person who holds a specified title or position is an investigator. (1.1) If the superintendent or an investigator has reason to believe that a developer is, or has been, non-compliant, the superintendent or investigator may conduct an investigation to determine whether the developer is, or has been, non-compliant.

(2) For the purpose of an investigation, the superintendent or investigator may do one or more of the following:
(a) at any time during business hours, inspect and copy records that are located on the business premises of
(ii) an officer, director, controlling shareholder or partner of a developer;
(b) require a person referred to in paragraph (a) to produce information, records or other things in the person's possession or control;
(c) require a person who the superintendent or investigator has reason to believe has in the person's possession or control information, records or other things relevant to the investigation to produce the information, records or things.

(3) A person referred to in subsection (2) must not withhold or destroy, conceal or refuse to provide any information, record or thing reasonably required for the purposes of an investigation under this section. (4) An investigator who conducts an investigation under subsection (1.1) must provide the superintendent with a written report of the investigation. 26 (1) The superintendent may apply to the Supreme Court for an order authorizing the seizure of records or other evidence, wherever located, belonging to or relating to a developer from the person named in the order, if there are reasonable grounds to believe that the developer is, or has been, non-compliant. (2) An application under subsection (1) may be made without notice to any other person unless otherwise ordered by the court.

(3) An application under subsection (1) must be supported by an affidavit stating
(a) the grounds for believing that the developer is, or has been, non-compliant, and
(b) the grounds for believing that the seizure will produce evidence relevant to that matter. (4) In an order under subsection (1), the court may
(a) designate the person who will conduct the seizure and authorize that person to conduct it,
(b) state the time and place the seizure will occur, and
(c) give any other directions necessary to carry out the seizure. (5) This section does not apply to records or other evidence subject to solicitor-client privilege. 27 (1) Following an investigation under

section 25 [investigations], the superintendent may deliver, to a person against whom an order under section 30 [orders] may be made, notice that the superintendent intends to hold a hearing under section 29 [hearings] to determine if a developer is, or has been, non-compliant. (a) describe the matter that is to be the subject of the hearing,
(b) specify the time and place set for commencement of the hearing,
(c) advise the recipient of the notice that the superintendent is entitled to proceed with the hearing in the absence of the recipient of the notice, and
(i) a copy of the investigator's report, if any, made under

section 25 (4) [investigations], or
(ii) if no investigator's report has been made, a summary of the superintendent's investigation. (3) The notice must be delivered at least 21 days before the time set for the hearing as follows:
(a) in the case of delivery to a current developer, by personal service or by mailing the notice by registered mail to the address of the developer shown in that developer's disclosure statement;
(b) in the case of delivery to a person who is not a current developer, by personal service;
(c) in any case, in accordance with an order for substituted service under

section 43 [substituted service]. 28 (1) A recipient of the notice may deliver, at least 14 days or a shorter period permitted by the superintendent before the time set for the hearing, to the superintendent a written proposal that includes the person's consent to the superintendent making a specified order under

section 30 [orders] without conducting a hearing. (2) If the superintendent accepts a proposal under subsection (1),
(a) the superintendent may make the proposed order under

section 30, and
(b) no further proceedings may be taken under this Division with respect to the matter, other than to enforce the terms of the order as proposed. (3) Regardless of whether a proposal under subsection (1) has been accepted or rejected by the superintendent, the proposal may not be used
(a) in any proceeding under this Act, other than as referred to in subsection (2) (b), or
29 (1) If a notice of hearing has been delivered in accordance with

section 27 [notice of hearing], the superintendent may proceed with the hearing under this section whether or not the recipient of the notice appears in person and whether or not the recipient of the notice is represented by legal counsel at the hearing. (2) For the purposes of a hearing under this Act, sections 34 (3) and (4) [power to compel witnesses and order disclosure], 48 [maintenance of order at hearings] and 49 [contempt proceeding for uncooperative witness or other person] of the Administrative Tribunals Act apply to the superintendent as if the superintendent were a tribunal under that Act.

30 (1) After a hearing, if the superintendent determines that a developer is, or has been, non-compliant, the superintendent may do one or more of the following:
(a) order the developer to cease or refrain from marketing one or more development units;
(b) order the developer to carry out a specified activity related to marketing;
(b.1) order the developer to comply, or to carry out a specified activity for the purpose of complying, with a prohibition or requirement of
(i) Part 2.1 [Assignment Reporting Requirements], or
(ii) a regulation made for the purpose of Part 2.1;
(c) order the developer to pay amounts in accordance with

section 31 [recovery of enforcement expenses];
(d) order the developer to pay an administrative penalty in an amount of
(i) not more than $500 000, in the case of a corporation, or
(ii) not more than $250 000, in the case of an individual. (2) If the superintendent intends to make an order under subsection (1) (c) or (d), the superintendent may make the order against
(b) a person who was an officer, director, controlling shareholder or partner of the developer at the time of non-compliance, if that person authorized, permitted or acquiesced in the non-compliance, or
(c) both the developer and a person described in paragraph (b).

(3) The superintendent, by order made on the application of or with the consent of a person affected by the order, may
(a) vary or rescind an order made under subsection (1), and
(b) as a condition of varying or rescinding an order under paragraph (a), require an undertaking under

section 36 (1) [undertakings]. 31 (1) The superintendent may, by an order under

section 30 (1) (c) [orders], require a person described under section 30 (2) to pay the expenses, or part of the expenses, of either or both of the following:
(a) an investigation under

section 25 [investigations];
(2) Expenses assessed under subsection (1)
(a) must be for the matters, and must not exceed the amounts, set out in the regulations, and
(b) may include remuneration expenses for employees, officers or agents of the Authority engaged in the investigation or hearing. 32 (1) The superintendent may make an order referred to in

section 30 (1) (a) or (b) [orders] against a developer under this section if the superintendent considers
(a) that the developer is, or has been, non-compliant,
(b) that the length of time that would be required to complete an investigation or hold a hearing, or both, would be detrimental to the public interest, and
(c) that it is in the public interest to make the order. (2) Despite any other provision of this Division, an order may be made under this section
(a) whether or not a notice of hearing has been issued under

section 27 [notice of hearing],
(b) without giving notice to the developer, and
(c) without providing the developer an opportunity to be heard. (3) Promptly after an order under this section is made, the superintendent must deliver, in accordance with

section 27 (3), to the developer who is the subject of the order
(a) a copy of the order and written reasons for it, and
(b) written notice that a hearing may be held respecting the order. (4) A developer who is the subject of an order under subsection (1) may require, within 14 days after receiving a copy of the order, a hearing before the superintendent by delivering written notice to the superintendent. (5) Within a reasonable time after receiving written notice referred to in subsection (4), the superintendent must
(a) provide notice of the hearing in accordance with

section 27, and
(b) hold the required hearing in accordance with

section 29 [hearings]. (6) Following the hearing referred to in subsection (5) (b), the superintendent
(a) must confirm, revoke or vary the order, and
(b) may make any other order referred to in

Section 30 (3) applies in respect of an order made under this section. 33 The superintendent must
(a) publish, in accordance with the regulations, each order of the superintendent made under

section 30 [orders] or 32 [orders in urgent circumstances], and
(b) provide a copy of an order published under paragraph (a) to any person who requests it and pays the prescribed fee. 34 (1) If the superintendent considers that a person has failed to comply with an order of the superintendent under this Division, the superintendent may file a certified copy of the order with the Supreme Court. (2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were an order of the Supreme Court.

35 (1) The superintendent may apply to the Supreme Court for an injunction restraining a person from contravening, or requiring a person to comply with,
(a) this Act or the regulations, or
(b) an order of the superintendent under this Act. (2) The court may grant an injunction sought under subsection (1) if the court is satisfied that there is reason to believe that there has been or will be a contravention of this Act, the regulations or an order referred to in that subsection. (3) The court may grant an interim injunction until the outcome of an application commenced under subsection (1).

36 (1) If the superintendent has reason to believe that a developer is, or has been, non-compliant, the superintendent, with or without an investigation or a hearing under this Division, may
(a) give notice to the developer of the superintendent's reason for believing that the developer is or has been non-compliant, and
(b) accept a written undertaking from the developer to do one or more of the following:
(i) cease or refrain from marketing one or more development units;
(ii) comply with terms or conditions set by the superintendent, which may include a condition that the developer pay the expenses, or part of the expenses, incurred by the Authority in relation to the undertaking;
(iii) do anything that the developer is required to do under this Act;
(iv) cease or refrain from doing anything that the developer is prohibited from doing under this Act.

(2) Expenses assessed under subsection (1) (b) (ii)
(b) may include remuneration expenses for employees, officers or agents of the Authority engaged in matters related to the undertaking. (3) An undertaking given by a developer under this section is binding on the developer and every director of the developer. 37 (1) A person who is the subject of an order or decision of the superintendent made under any of the following sections may appeal the decision to the financial services tribunal:
(a)

section 32 [orders in urgent circumstances]. (2) The superintendent is a party to an appeal under this section. (3) Sections 242.2 [practice and procedure] and 242.3 [judicial review] of the Financial Institutions Act apply in relation to an appeal under this section. 38 (1) An order made under

section 30 (1) (a) [orders] or 32 [orders in urgent circumstances] is not stayed by the filing of a notice of appeal under section 37 [appeals to the financial services tribunal] and may not be stayed under section 242.2 (10) (a) (i) [tribunal member hearing appeal may stay order] of the Financial Institutions Act. (2) An appealable decision, other than one referred to in subsection (1), is stayed by the filing of a notice of appeal under

section 37, but the stay may be lifted under section 242.2 (10) (a) (ii) of the Financial Institutions Act. Division 4 — Offences and Penalties
39 (1) A person who does any of the following commits an offence:

section 20.4 (1) or (3) [filing information respecting assignments],

section 25 (3) [investigations];
(b) neglects or refuses to comply with an order of the superintendent under this Act;
(c) subject to subsection (2), makes a statement in a disclosure statement filed or provided under this Act that, at the time and in the light of the circumstances under which the statement is made, contains a misrepresentation;
(d) subject to subsection (2), makes a statement in a record filed, submitted, provided or delivered under this Act, other than a disclosure statement, that, at the time and in the light of the circumstances under which the statement is made, contains a false or misleading statement.

(2) A person does not commit an offence under subsection (1) (c) or (d) if, at the time of the statement, the person
(a) did not know that the statement contained a misrepresentation or was false or misleading, and
(b) in the exercise of reasonable diligence, could not have known that the statement contained a misrepresentation or was false or misleading. (3) If a developer commits an offence under this Act, an officer, director, controlling shareholder or partner of the developer who authorizes, permits or acquiesces in the offence commits the same offence whether or not the developer is convicted of the offence. (4)

Section 5 [offence to contravene any enactment] of the Offence Act does not apply to this Act or to the regulations. 40 A person who commits an offence under

section 39 [offences] is liable,
(a) in the case of a corporation,
(i) on a first conviction, to a fine of not more than $1.25 million, and
(ii) on each subsequent conviction, to a fine of not more than $2.5 million, and,
(b) in the case of an individual,
(i) on a first conviction, to a fine of not more than $1.25 million or to imprisonment for not more than 2 years, or to both, and
(ii) on each subsequent conviction, to a fine of not more than $2.5 million or to imprisonment for not more than 2 years, or to both.

41 (1) The time limit for laying an information for an offence under this Act is
(a) 2 years after the date that the facts on which the information is based arose, or
(b) if the superintendent issues a certificate described in subsection (2), 2 years after the date that the facts on which the information is based first came to the knowledge of the superintendent.

(2) A record purporting to have been issued by the superintendent, certifying the date on which the facts on which the information is based first came to the knowledge of the superintendent,
(a) is admissible without proof of the signature or official position of the person appearing to have signed the certificate, and
42 A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability. 43 (1) In relation to any requirement or authorization established under this Act that a notice or another record be served on a person, that service may be done by substituted service in accordance with an order under subsection (2).

(2) On application, the Supreme Court may order that a record referred to in subsection (1) may be served by substituted service in accordance with the order. 44 (1) The superintendent may, in writing, delegate any of the superintendent's powers or duties under this Act. (2) The superintendent may impose conditions or restrictions on any delegation made under subsection (1). 45 (1) In this section, "protected individual" means an individual who is any of the following:
(b) an individual acting on behalf of or under the direction of the Authority or the superintendent.

(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected individual because of anything done or omitted
(b) in the performance or intended performance of any duty under this Act. (3) Subsection (2) does not apply to a protected individual in relation to anything done or omitted in bad faith. (4) Subsection (2) does not absolve the Authority from vicarious liability arising out of anything done or omitted by a protected individual for which the Authority would be vicariously liable if this section were not in force. 46 (1) The Lieutenant Governor in Council may make regulations referred to in

(a) exempting from all or part of a provision of Part 2 [Marketing and Holding Deposits] or 2.1 [Assignment Reporting Requirements], with or without conditions,
(ii) a class of land that is, or will be, the subject of development, or
(iii) a class of transactions;
(a.1) excluding a person or a class of persons from the definition of "developer" in

section 8 (6) [shared interests in land in B.C. ];
(c) respecting criteria to be considered under

section 8 (6) (a) (ii);
(d) respecting the execution of disclosure statements;
(e) respecting periods of time for which a developer must retain a written statement under

section 15 [providing disclosure statements to purchasers];
(f) defining matters as material facts and specifying whether or not new disclosure statements must be filed in respect of them if

section 16 [non-compliant disclosure statements] applies;
(g) prescribing persons who may hold a deposit in trust under this Act;
(h) respecting the release of deposits for the purpose of

section 18 (2) (i) [handling deposits];
(i) respecting the time and manner in which notice under

section 19 (2) [developer use of deposit] must be given;
(i.1) prescribing the form of the terms and notice referred to in

section 20.3 (1) [requirements respecting assignments];
(i.2) respecting the information and records that must be collected under

section 20.3 (2);
(i.3) respecting the keeping of assignment agreements for the purposes of

section 20.4 (1) [filing information respecting assignments],
(i) requiring filing on a prescribed date or within a prescribed period, whether according to a schedule or with reference to the occurrence of a prescribed event, and
(ii) authorizing another person to accept filing on the administrator's behalf;
(j) respecting service of a notice of rescission under

section 21 [rights of rescission];
(k) prescribing the types and amounts of expenses that can be recovered for the purposes of sections 31 (2) [recovery of enforcement expenses] and 36 (2) [undertakings];
(l) respecting fees and the calculation of fees, including requiring different fees based on the number of development units within a development property, for
(i) filing a disclosure statement,
(ii) requesting an exemption under

section 20 [superintendent's exemptions],
(iii) providing copies of disclosure statements,
(iv) providing copies of orders under

section 33 (b) [publication of orders],
(v) retrieving files held by the superintendent, and
(vi) other things necessary to the administration of this Act;
(m) respecting the collection and payment of a fee prescribed under paragraph (l) and penalties for non-payment of fees;
(n) respecting the publication of matters as required by this Act;
(o) defining a word or expression used but not defined in this Act;
(p) for any other matter for which regulations are contemplated by this Act. 47 (1) A prospectus or disclosure statement that was accepted for filing by the superintendent under the Real Estate Act before the repeal of that Act is deemed to be a disclosure statement filed under this Act. (2) Despite the repeal of

section 78 [rescission] of the Real Estate Act, that section, as it read before its repeal, continues to apply to a person described in that section if a right of rescission accrued to the person under the Real Estate Act before the repeal of section 78 of that Act. (4) The Lieutenant Governor in Council may make regulations for meeting or removing any difficulty arising out of the transition to this Act from the Real Estate Act, and for that purpose disapplying or varying any provision of this Act. (5) The authority to make or amend a regulation under subsection (4), but not the authority to repeal a regulation under subsection (4), ends 3 years after the date on which subsection (4) comes into force.

47.1 In sections 47.2 to 47.4:
"administrator" has the same meaning as in

section 20.1 [definitions];
"assignment" has the same meaning as in

section 20.1;
"assignment agreement" means an assignment agreement referred to in

section 20.3 (3) (a) [requirements respecting assignments];
"assignment information and records" means the information and records described in

"pre-existing purchase agreement" means a purchase agreement entered into before the date

section 20.3 comes into force. 47.2 (1) If a pre-existing purchase agreement provides that an assignment of the purchase agreement requires the consent of the developer, the developer may consent to the assignment only if that developer first makes a reasonable effort to collect, from each proposed party to the assignment agreement, assignment information and records. (2) If a developer consents to an assignment of a pre-existing purchase agreement, the developer must comply with

section 20.3 (3). (3) If a pre-existing purchase agreement provides that an assignment of that purchase agreement does not require the consent of the developer, or is silent with respect to obtaining the consent of the developer, but the developer receives notice of an assignment, the developer must make a reasonable effort to
(a) collect, from each party to the assignment agreement, assignment information and records, and
(b) collect a copy of the assignment agreement and keep it in accordance with

section 20.3 (3) (b). (4) Part 2.1 [Assignment Reporting Requirements] applies to assignment information and records and an assignment agreement collected under this section as if they were collected under

section 20.3 (2) and (3) [requirements respecting assignments]. 47.3 (1) If a developer does not collect assignment information and records in accordance with

section 47.2 [transition — duties if assignment of pre-existing purchase agreement], the developer must file a statement with the administrator and the statement
(a) must indicate that no assignment information or records were collected under

section 47.2 (1) or (3) (a), and
(b) must be filed in the form and manner required by the administrator and as required by the regulations. (2) Part 2.1 [Assignment Reporting Requirements] applies to a statement filed under this section as if it were a statement filed under

section 20.4 (1) (b). 47.4 (1) The Lieutenant Governor in Council may make regulations for meeting or removing any difficulty arising out of the transition to Part 2.1 [Assignment Reporting Requirements], and for that purpose disapplying or varying any provision of
(a) Division 4 [Disclosure Statements] of Part 2 [Marketing and Holding Deposits],
(c) sections 47.2 [transition — duties if assignment of pre-existing purchase agreement] and 47.3 [transition — if no information or records collected]. (2) The authority to make or amend a regulation under this section, but not the authority to repeal a regulation under this section, ends 3 years after the date on which this section comes into force.

62 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

section 18 (1) [placing deposits] of the Act, or
(b) to whom a deposit is transferred under

section 9.01 [transferring deposits to a new trustee] of this regulation. [am. B.C. Regs. 173/2014, s. 1; 138/2015, s. 1.] 2 A developer who markets a development property in a single transaction is exempt from Part 2 [Marketing and Holding Deposits] of the Act in respect of that marketing.

2.1 A person is exempt from Parts 2 [Marketing and Holding Deposits] and 2.1 [Assignment Reporting Requirements] of the Act in respect of marketing of a development unit in a development property by a developer if all of the following apply:
(a) the person and the developer are not related persons;
(b) the person does not sell or lease, or offer to sell or lease, the development unit to a purchaser, other than the developer;
(c) the person leases the development property to the developer;
(d) the person does not engage in a transaction or other activity that will or is likely to lead to a sale or lease of the development unit, other than a transaction or activity related to the lease referred to in paragraph (c).

[en. B.C. Reg. 173/2014, s. 2; am. B.C. Reg. 230/2018, App., s. 1.]

2.2 A person is exempt from Parts 2 [Marketing and Holding Deposits] and 2.1 [Assignment Reporting Requirements] of the Act in respect of marketing of a development unit in a development property by a developer if all of the following apply:
(c) the developer has, by agreement, a right to purchase the development property from the person;
(d) the person does not engage in a transaction or other activity that will or is likely to lead to a sale or lease of the development unit, other than a transaction or activity related to the agreement referred to in paragraph (c);
(e) no purchase agreement between the developer and a purchaser for a development unit can be completed unless the developer first purchases the development property or development unit from the person.

[en. B.C. Reg. 173/2014, s. 2; am. B.C. Reg. 230/2018, App. s. 1.] 2.3 (1) In this section, "financing charge" means
(a) an encumbrance, as defined in the Land Title Act, which is registered on title to the development property as a mortgage, assignment of rents, rent charge or equitable charge, or
(b) a security interest, as defined in the Personal Property Security Act, in crops or fixtures.

(2) A person is exempt from Parts 2 [Marketing and Holding Deposits] and 2.1 [Assignment Reporting Requirements] of the Act in respect of marketing of a development unit in a development property by a developer if all of the following apply:
(c) the person has no interest in the development property other than a financing charge;
(d) the person does not engage in a transaction or other activity that will or is likely to lead to a sale or lease of the development unit, other than a transaction or activity related to the financing charge referred to in paragraph (c).

[en. B.C. Reg. 173/2014, s. 2; am. B.C. Reg. 230/2018, App., s. 1.] 3 (1) A developer who markets a development unit is exempt from Parts 2 [Marketing and Holding Deposits] and 2.1 [Assignment Reporting Requirements] of the Act in respect of that marketing if the development property in which the development unit is located is
(a) within an area that has been zoned by an approving authority for industrial or commercial use only,
(b) used only for industrial or commercial purposes, and
(c) advertised and marketed only in respect of industrial or commercial uses.

(2) A developer who markets a development unit is exempt from Parts 2 and 2.1 of the Act in respect of that marketing if
(a) the development property in which the development unit is located is
(i) within an area that has been zoned by an approving authority for comprehensive development, including residential use,
(ii) used only for industrial or commercial purposes, and
(iii) advertised and marketed only in respect of industrial or commercial uses, and
(b) the developer delivers to the purchaser of the development unit, before entering into a purchase agreement with the purchaser, written notice that
(i) Part 2 of the Act does not apply to the marketing of the development unit,
(ii) the rights and protections of the Act are not available to the purchaser, and
(iii) the developer is not required to provide to the purchaser a disclosure statement regarding the development property in which the development unit is located.

[am. B.C. Reg. 230/2018, App., ss. 1 and 2.] 4 (1) A developer who markets a development unit is exempt from Parts 2 [Marketing and Holding Deposits] and 2.1 [Assignment Reporting Requirements] of the Act in respect of that marketing if the development unit is marketed only for the purpose of leasing the development unit for a term of 3 years or less. (2) For the purpose of subsection (1), the term of a lease includes any period by which the lease may be extended by way of an option or covenant for extension or renewal of the lease. [am. B.C. Reg. 230/2018, App., s. 3.]

5 A developer who markets a development unit is exempt from Part 2 [Marketing and Holding Deposits] of the Act in respect of that marketing if the developer
(a) files a prospectus under

section 61 (1) [prospectus required] of the Securities Act, and
(b) complies with all requirements of the Securities Act relevant to the marketing of the development unit. [am. B.C. Reg. 543/2004.] 6 (1) In this section, "municipality" means a municipality incorporated under the Local Government Act or the Vancouver Charter, or the Resort Municipality of Whistler, but does not include a regional district or an improvement district. (2) A developer who markets a subdivision lot is exempt from Part 2 [Marketing and Holding Deposits] of the Act in respect of that marketing if
(a) the subdivision lot is located in a municipality, and
(b) the developer has, in relation to the development property,
(i) complied with all requirements set out in a bylaw enacted by the municipality under

section 506 [subdivision servicing requirements] of the Local Government Act or section 292 [subdivision control] of the Vancouver Charter, as applicable, or
(ii) deposited with the municipality any security required by the municipality under

section 509 (2) [completion of required works and services] of the Local Government Act. [am. B.C. Regs. 173/2014, s. 3; 117/2018, s. 20.] 7 (1) If a developer was exempted from Part 2 of the former Act in respect of the marketing of a development unit, the developer is exempt from Part 2 [Marketing and Holding Deposits] of the Act in respect of that marketing. (2)

Section 20 (2) of the Act applies to an exemption under subsection (1) as if the exemption had been made in accordance with section 20 (1) of the Act. (3) A developer who markets a development unit is exempt from Part 2 of the Act in respect of that marketing if the development unit is
(a) a strata lot that was created by a strata plan deposited and registered in a land title office on or before February 17, 1977, or
(b) a cooperative interest in land located in British Columbia if
(i) the cooperative association was established on or before October 1, 1974, and
(ii) the cooperative interest has been marketed continuously since the date the cooperative association was established. (4)

Section 8 (3) to (6) [shared interests in land in B.C.] of the Act does not apply to a shared interest in land that is part of a parcel in which at least one shared interest in land has, before April 26, 1995, been sold by a developer under an enforceable purchase agreement to a person dealing at arm's length from the developer. 8 (1) In this section, "acquisition cost" means the total cost, direct or indirect, to the purchaser of acquiring a cooperative interest.

(2) For greater certainty, the acquisition cost includes the cost of acquiring shares, ownership, membership or partnership in the cooperative association, and includes the cost of acquiring a right of use or occupation, but does not include operating costs in respect of the cooperative association or the land being used or occupied. (3) A developer who markets a cooperative interest is exempt from Part 2 [Marketing and Holding Deposits] of the Act in respect of that marketing if the acquisition cost to a purchaser of the cooperative interest is $5 000 or less. "Effective Date" and "Tsawwassen Member" have the same meanings as under the Tsawwassen Final Agreement;
"ground lease" has the same meaning as in

(2) The following transactions are exempt from Part 2 of the Act:
(a) transactions by which, on the Effective Date, Tsawwassen First Nation disposes of interests referred to in clause 10 a. or b. of Chapter 4 [Lands] of the Tsawwassen First Nation Final Agreement to the persons entitled to those interests under Appendix D-1, D-2, D-3, D-4, D-5 or D-7 of that agreement;
(b) transactions by which, on the Effective Date, Tsawwassen First Nation disposes of the interests set out in Appendix D-6 of the Tsawwassen First Nation Final Agreement by entering into a ground lease with a corporation wholly owned by the Tsawwassen First Nation, one or more Tsawwassen Members or a combination of both;
(c) transactions by which, on the Effective Date,
(i) a Tsawwassen Member disposes of an interest subordinate to an interest acquired under paragraph (a), or
(ii) the corporation referred to in paragraph (b) disposes of interests described in Appendix D-6 of the Tsawwassen First Nation Final Agreement to the persons entitled to those interests under that appendix.

[en. B.C. Reg. 204/2008.] Part 3 — Marketing and Holding Deposits
9 (1) Subject to subsection (2), a disclosure statement must be signed by
(a) every developer of the development property to which the disclosure statement relates, and
(b) if a developer is a corporation, every director of the developer. (2) The superintendent may do one or both of the following:
(a) exempt a person from the requirement to sign a disclosure statement under subsection (1), with or without conditions;
(b) require a person other than, or in addition to, a person described in subsection (1) to sign a disclosure statement. 9.01 (1) A developer may, in writing, instruct a trustee to transfer a deposit held under

section 18 (2) [handling deposits] of the Act to a brokerage, lawyer or notary public. (2) A trustee who receives an instruction under subsection (1) may transfer the deposit to the brokerage, lawyer or notary public named in the instruction. (3) A trustee who transfers a deposit under subsection (2) is discharged from liability for the deposit in the amount transferred. [en. B.C. Reg. 138/2015, s. 2.] 9.1 (1) A purchaser and a developer of a development unit may certify in writing to a trustee holding a portion or all of a deposit under

section 18 (2) [handling deposits] of the Act in relation to the development unit that
(a) the purchase agreement to which the deposit relates has been terminated, and
(b) the purchaser and the developer have agreed on how to distribute the portion or all of the deposit between them. (2) A trustee who receives a certification in accordance with subsection (1) must pay the portion or all of the deposit held by the trustee in accordance with the distribution agreed to by the purchaser and the developer. [en. B.C. Reg. 173/2014, s. 4.] 10 If a developer enters into a deposit protection contract under

section 19 [developer use of deposit] of the Act, the developer must provide notice of the deposit protection contract to a purchaser by including the following information in the disclosure statement filed under section 14 [filing disclosure statements] of the Act:
(a) the name and business address of the insurer;
(b) the name of the developer who entered into the deposit protection contract;
Part 3.1 — Assignment Reporting
10.1 In this Part:

section 20.3 (3) (a) [requirements respecting assignments] of the Act;
"first purchase agreement date" means the date on which a developer enters into the first purchase agreement in respect of a strata lot in a development property on or after the coming into force of this Part;
"required assignment information" means the information and records or the statement, as applicable, that must be filed under

section 20.4 (1) [filing information respecting assignments] of the Act;
"strata plan deposit date" means the date on which a strata plan or a phase of a strata plan, as applicable, is deposited in a land title office under the Strata Property Act. [en. B.C. Reg. 230/2018, App., s. 4.] Division 1 — Requirements for Agreements and Information
10.2 (1) For the purposes of

section 20.3 (1) of the Act, unless a developer does not permit the assignment of the purchase agreement, a purchase agreement must include the following terms:
Without the developer's prior consent, any assignment of this purchase agreement is prohibited. An assignment under the Real Estate Development Marketing Act is a transfer of some or all of the rights, obligations and benefits under a purchase agreement made in respect of a strata lot in a development property, whether the transfer is made by the purchaser under the purchase agreement to another person or is a subsequent transfer. Each proposed party to an assignment agreement must provide the developer with the information and records required under the Real Estate Development Marketing Act. (2) For the purposes of

section 20.3 (1) of the Act, unless a developer does not permit the assignment of the purchase agreement, a purchase agreement must include the following notice, in substantially the following form:
Before the developer consents to the assignment of this purchase agreement, the developer will be required to collect information and records under the Real Estate Development Marketing Act from each proposed party to an assignment agreement, including personal information, respecting the following:
(b) the party's contact and business information;
(c) the terms of the assignment agreement. Information and records collected by the developer must be reported by the developer to the administrator designated under the Property Transfer Tax Act. The information and records may only be used or disclosed for tax purposes and other purposes authorized by

section 20.5 of the Real Estate Development Marketing Act, which includes disclosure to the Canada Revenue Agency. [en. B.C. Reg. 230/2018, App., s. 4.] 10.3 (1) For the purposes of

section 20.3 (2) of the Act, the following identity, contact or business information and records respecting a proposed party to an assignment agreement are prescribed:
(a) in the case of a proposed party that is an individual,
(i) the individual's full legal name,
(ii) the individual's date of birth,
(iii) whether or not the individual's status is a Canadian citizen or a permanent resident of Canada, as defined in the Immigration and Refugee Protection Act (Canada),
(iv) if the individual is a Canadian citizen or a permanent resident of Canada, as defined in the Immigration and Refugee Protection Act (Canada), the individual's social insurance number,
(v) if the individual is not a Canadian citizen or a permanent resident of Canada, as defined in the Immigration and Refugee Protection Act (Canada), the foreign country or state of the individual's citizenship and, if applicable, the individual's social insurance number or individual tax number,
(vi) the individual's residency for federal income tax purposes, and
(vii) the individual's postal address, address of principal residence, phone number and, if applicable, email address;
(b) in the case of a proposed party that is a corporation,
(i) the corporation's full legal name,
(ii) the corporation's business number for federal income tax purposes,
(iii) the head office address of the corporation, and
(iv) the name, postal address, phone number and, if applicable, email address of an individual who may be contacted to answer questions about the assignment agreement and the prescribed information and records;
(c) in the case of a proposed party that is a trustee acting on behalf of a trust acquiring, or disposing of, trust property,
(i) the name describing the trust, if any, and the heading of the trust instrument, if any,
(ii) the account number, if any, and residency of the trust for federal income tax purposes, and
(iii) the name, postal address, address of principal residence or head office, as applicable, phone number and, if applicable, email address of each trustee;
(d) in the case of a proposed party that is a partner acting on behalf of a partnership acquiring, or disposing of, partnership property,
(i) the full legal name of the partnership,
(ii) the partnership account number for federal income tax purposes or, if the partnership does not have a partnership account number for federal income tax purposes, the following information in respect of each partner who is a proposed party:
(A) the partner's full legal name;
(B) as applicable, the partner's social insurance number, individual tax number, business number for federal income tax purposes, partnership account number for federal income tax purposes or trust account number for federal income tax purposes,
(iii) the name, postal address, address of principal residence or head office, as applicable, phone number and, if applicable, email address of each partner who is a proposed party, and
(iv) if information is not collected under subparagraph (iii), the name, postal address, address of principal residence or head office, as applicable, phone number and, if applicable, email address of an individual who may be contacted to answer questions about the assignment agreement and the prescribed information and records.

section 20.3 (2) of the Act, the following information and records respecting the terms of an assignment agreement are prescribed:
(a) in relation to the purchase agreement for the sale or lease of a strata lot in a development property,
(i) the date of the purchase agreement,
(ii) the purchase price of the strata lot,
(iii) the property address or legal description of the strata lot, and
(B) the strata lot number, and
(C) the parcel identifier (PID) of the strata lot;
(b) in relation to the assignment of the purchase agreement,
(i) the date of the developer's consent to the assignment of the purchase agreement,
(ii) if it may be ascertained from the assignment agreement, the effective date of the assignment agreement, if that date is different from the date of the developer's consent to the assignment of the purchase agreement,
(iii) the assignment fee payable to the developer for consenting to the assignment,
(A) the amount payable to the assignor for the assignment, and
(B) the amount payable to the assignor for any deposit paid to the deposit trustee, and
(v) the percentage of the rights, obligations and benefits under the purchase agreement that is assigned, if that percentage is less than 100% of the rights, obligations and benefits assigned under the purchase agreement.

section 20.3 (3) of the Act, a developer who has consented to an assignment of a purchase agreement must keep a copy of the assignment agreement
(a) at the developer's place of business in British Columbia or at the developer's address for service in British Columbia, and
(i) beginning on the date the developer first collects the assignment agreement, and
(ii) ending 6 calendar years after the strata plan deposit date. [en. B.C. Reg. 230/2018, App., s. 4.] Division 2 — Requirements for Filing
10.5 In this Division:
"filing date" means the date prescribed under

section 10.6 (1) (a) for filing the required assignment information;
"quarter" means the applicable of the following quarterly periods within a calendar year:
"reporting period" means a period of time prescribed in

section 10.6 (1) (b) in respect of which a developer must file the required assignment information. [en. B.C. Reg. 230/2018, App., s. 4.] 10.6 (1) Subject to subsection (2), for the purposes of

section 20.4 (1) of the Act,
(a) the prescribed filing date is 30 days after the last day of a reporting period,
(b) the following reporting periods are prescribed:
(i) the initial reporting period, which is each quarter
(A) beginning on the first day of the quarter in which the first purchase agreement date falls, and
(B) ending on the last day of the quarter immediately before the quarter in which the strata plan deposit date falls;
(ii) the deposit reporting period, which is the period of time
(A) beginning on the first day of the quarter in which the strata plan deposit date falls, and
(B) ending on the last day of the immediately following quarter;
(iii) the subsequent reporting period, which is the period of time
(A) beginning on the day immediately after the deposit reporting period, and
(B) ending on December 31 of that calendar year;
(iv) the annual reporting period, which is
(A) each calendar year after the subsequent reporting period, and
(B) for the purposes of sections 10.7 (1) (b) (ii) and (e) and 18 (b) (i) of this regulation, each calendar year, and
(c) the following schedule is prescribed:
(i) the reporting periods described under paragraph (b) of this section;
(ii) the applicable end of the filing requirements described under subsection (3) of this section.

(2) If a deposit reporting period ends on December 31, the subsequent reporting period is deemed to be the same as the deposit reporting period. (3) Unless a developer has not complied with the filing requirements under this Division, including the filing of a report under

section 10.7 (4) of this regulation, if applicable, the requirement to file the required assignment information under this Part and sections 20.4 (1) and 47.3 [transition — if no information or records collected] of the Act ends on the earliest of the following dates:
(a) the date that the developer ceases the development of the development property, or a phase of the development property, if no strata plan has been deposited in respect of the development property or phase, as applicable;
(b) the date that the developer disposes of the development property;
(c) the date that the developer transfers title to all strata lots in the development property;
(d) the date that is the last day of the 6th consecutive annual reporting period, as described in subsection (1) (b) (iv) of this section.

[en. B.C. Reg. 230/2018, App., s. 4.] 10.7 (1) The required assignment information must, in accordance with this Part, be filed under

section 20.4 (1) of the Act if
(a) a purchase agreement expressly permits the assignment of the purchase agreement and a developer permits the assignment under

section 20.3 of the Act,
(b) a developer both waives a prohibition in a purchase agreement that expressly prohibits the assignment of the purchase agreement and consents to an assignment of the purchase agreement and, in this case, the following reporting periods apply to the developer:
(i) if the date the developer consents is before the strata plan deposit date, the date of consent is deemed to be the first purchase agreement date for the purposes of determining the applicable reporting period under

section 10.6 of this regulation;
(ii) if the date the developer consents is on or after the strata plan deposit date, the annual reporting period described in

section 10.6 (1) (b) (iv) (B) of this regulation applies,
(c) a developer files a phase disclosure statement in accordance with

section 15.1 [phase disclosure statements] of the Act and, in this case, a developer must file the required assignment information in accordance with the prescribed reporting periods as if each phase of the development property was the entire development property,
(d) a developer acquires a development property from a developer who must file the required assignment information under

section 20.4 (1) of the Act and, in this case,
(i) the developer who acquires the development property must file the required assignment information in accordance with the prescribed reporting periods that applied to the disposing developer immediately before the disposal of the development property, and
(ii) the date of acquisition is deemed to be the beginning of the applicable reporting period under

section 10.6 of this regulation, or
(e) a developer resumes marketing a development property after the date that is the last day of the 6th consecutive annual reporting period, as described in

section 10.6 (3) (d) of this regulation, and, in this case, the developer must file the required assignment information in accordance with the annual reporting period described in section 10.6 (1) (b) (iv) (B) of this regulation. (2) If

section 20.4 of the Act applies to a developer, the developer must
(a) file the required assignment information on or before the filing date in respect of each reporting period until, under

section 10.6 (3) of this regulation, the developer is no longer required to file the required assignment information, and
(b) certify in writing, when filing the required assignment information in accordance with

section 10.6 (1) or (2) of this regulation, that the information, records or statements filed are, to the best of the developer's knowledge, accurate and complete. (3) When a developer files the required assignment information in accordance with

section 10.6 (1) (b) (ii) of this regulation, the developer must also file additional information and records that are sufficient to notify the administrator of the strata plan deposit date. (4) Subject to subsection (5) of this section, within 30 days after the date that is the last day of the applicable deposit reporting period described in

section 10.6 (1) (b) (ii) of this regulation, in addition to filing the required assignment information, a developer must file a report that identifies each assignment reported to date in respect of the development property and specify the final parcel identifier (PID) allotted to the specific strata lot. (5) A developer is not required to file a report under subsection (4) of this section if the circumstances described in any of the following provisions apply:
(a) subsection (1) (b) (ii) or (e) of this section;
(b) if the report has already been filed by another developer, subsection (1) (d) of this section;
(c)

section 18 (b) (i) of this regulation. [en. B.C. Reg. 230/2018, App., s. 4.] 10.8 For the purposes of

section 20.4 (1) of the Act, the Land Title and Survey Authority of British Columbia established under section 2 [Land Title and Survey Authority of British Columbia established] of the Land Title and Survey Authority Act is authorized to accept filing on the administrator's behalf. [en. B.C. Reg. 230/2018, App., s. 4.] Part 4 — Remedies and Enforcement
11 A purchaser may serve a notice of rescission under

section 21 [rights of rescission] of the Act by delivering a signed copy of the notice in person or by registered mail
(i) at the address shown in the disclosure statement received by the purchaser, or
(ii) at the address shown in the purchaser's purchase agreement, or
(b) to a brokerage of the developer, if any,
(ii) at the address shown in the purchaser's purchase agreement. 12 (1) The expenses that the superintendent may require a developer or former developer to pay under

section 31 [recovery of enforcement expenses] or 36 [undertakings] of the Act are as follows:
(a) investigation expenses, to a maximum of $100 for each hour for each investigator;
(b) for each day or partial day of a hearing, administrative expenses of $2 000;
(c) for reasonably necessary legal services,
(i) $150 for each hour for a lawyer regularly employed by, or on behalf of, the government, and
(ii) in any other case, up to $400 for each hour;
(d) disbursements properly incurred in the provision of legal services to the superintendent;
(e) for each day or partial day that a witness, other than an expert witness, attends at a hearing at the request of the superintendent, $50;
(f) for an expert witness who attends at a hearing at the request of the superintendent, up to $400 for each hour;
(g) reasonable travel and living expenses for a witness or expert witness who attends at a hearing at the request of the superintendent;
(h) other disbursements, reasonably incurred, arising out of a hearing or an investigation leading up to a hearing.

(2) The superintendent must not make an order respecting expenses under subsection (1) for an amount greater than the expenses actually incurred by the superintendent. 13 (1) A developer who files a disclosure statement must pay, at the time of filing, a fee as follows:
(a) for a development property containing fewer than 10 development units, $2 250;
(b) for a development property containing at least 10 but fewer than 50 development units, $4 500;
(c) for a development property containing at least 50 but fewer than 100 development units, $9 000;
(d) for a development property containing 100 or more development units, $13 500. (2) A developer who makes a request under

section 20 [superintendent's exemptions] of the Act to be exempted from a provision of Part 2 [Marketing and Holding Deposits] of the Act must pay, at the time of making the request, a fee as follows:
(d) for a development property containing 100 or more development units, $13 500.

(3) For the purposes of subsections (1) and (2), the number of development units in a phased strata plan or a phased bare land strata plan is calculated by
(a) ascertaining the maximum number of development units in each of the phases of the applicable phased strata plan or phased bare land strata plan, by reference to the applicable Phased Strata Plan Declaration under

section 222 of the Strata Property Act, and
(b) adding those maximums to obtain the total number of development units. (4) A developer who files an amendment to a disclosure statement must pay, at the time of filing, a fee of $1 200. [am. B.C. Regs. 230/2018, App., s. 5; 183/2024, App. 1.] 14 (1) A person who requests a copy of an order under

section 33 (b) [publication of orders] of the Act must pay, at the time of making the request, a fee of $1 for each copied page. (2) A person who requests the retrieval of a file held by the superintendent in relation to a developer or a development property, other than an order described under subsection (1), must pay, at the time of making the request, a fee of $38. (3) A person who requests a copy of a file described in subsection (2), or a copy of any other information held by the superintendent, must pay, at the time of making the request, a fee of $1 for each copied page. [am. B.C. Reg. 230/2018, App., s. 6.]

15 (1) If the superintendent is required under the Act to publish a policy statement, a matter respecting an exemption, or an order, the superintendent
(a) must publish the statement, matter or order on a website maintained by the superintendent for this purpose, and
(b) may publish the statement, matter or order in any other form. (2) The website referred to in subsection (1) must be freely accessible to the public. 16 For the purpose of sections 11 [assurance of title] and 12 [utilities and services] of the Act, a developer is deemed to have made adequate arrangements in respect of a development unit if
(a) the developer provided a bond under

section 73 (2) [reasons for refusal to accept prospectus by superintendent] of the former Act in respect of the development unit, and
18 If a developer is subject to

section 47.2 [transition — duties if assignment of pre-existing purchase agreement] or 47.3 [transition — if no information or records collected] of the Act,
(a) the developer must comply with the applicable requirements in Part 3.1 [Assignment Reporting] of this regulation, and
(b) the reporting periods apply to the developer in accordance with the following:
(i) if the strata plan deposit date is before the date on which Part 3.1 of this regulation comes into force, the annual reporting period described in

section 10.6 (1) (b) (iv) (B) [prescribed reporting periods, filing date and schedule] of this regulation applies;
(ii) if the strata plan deposit date is on or after the date on which Part 3.1 of this regulation comes into force, the date on which Part 3.1 of this regulation comes into force is deemed to be the first purchase agreement date for the purposes of determining the applicable reporting period under

section 10.6 of this regulation. [en. B.C. Reg. 230/2018, App., s. 8.] [Provisions relevant to the enactment of this regulation: Real Estate Development Marketing Act, S.B.C. 2004, c. 41, ss. 46 and 47.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 506 (1) [subdivision serving requirements] of the Local Government Act;
(c) subdivision as defined in

section 455 [definitions in relation to Part 14] of the Local Government Act;
"natural features, functions and conditions" includes the following:
(a) large organic debris that falls in or around streams, including logs, snags and root wads;
(b) areas for channel migration, including active floodplains;
(c) side channels, intermittent streams, seasonally wetted contiguous areas and floodplains;
(d) the multi-canopied forest and ground cover adjacent to streams that
(i) moderate water temperatures,
(ii) provide a source of food, nutrients and organic matter to streams,
(iii) establish root matrices that stabilize soils and stream banks, thereby minimizing erosion, or
(iv) buffer streams from sedimentation and pollution in surface runoff;
(e) a natural source of stream bed substrates;
(f) permeable surfaces that permit infiltration to moderate water volume, timing and velocity and maintain sustained water flows in streams, especially during low flow periods.

"Act" means the Riparian Areas Protection Act;
"active floodplain", in relation to a stream, means land that is
(b) inundated by the 1 in 5 year return period flow of the stream, and
(c) capable of supporting plant species that are typical of inundated or saturated soil conditions and distinct from plant species on freely drained upland sites adjacent to the land;
"allowable footprint" has the meaning given to it in

section 11 (3) [undue hardship];
"area of human disturbance" means an area that is subject to enduring disturbance as a result of human occupation or activity and includes, without limitation,
(a) footprints of buildings and other structures,
(b) areas where soil or vegetation has been added, removed or altered, and
(c) without limiting paragraphs (a) and (b), the following areas:
(i) areas modified for agricultural use, including, without limitation, for crops, pasture, range, hayfields and normal farm practices;
(ii) areas that are or have been used for resource extraction and have not been restored to their natural conditions;
(iii) areas occupied by invasive plant species to an extent that precludes the unassisted reestablishment of native plant species;
"assessment" means an assessment under

section 12 [assessments];
"assessment report" means a report under

section 14 [assessment reports];
"detailed assessment" means an assessment referred to in

section 13 (b) [simple and detailed assessments];
"developable area", in relation to a site, means the area of the site other than
(a) the streamside protection and enhancement area, and
(b) the naturally and legally restricted areas of the site;
"fish habitat" means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas;
"footprint", in relation to a building or other structure, means the area covered by
(b) a projection from the structure, whether or not the projection is in contact with the ground;
"legally restricted area", in relation to a site, means the area of the site that is unavailable for development because of restrictions imposed or rights granted under an enactment, including, without limitation, easements, rights of way, setback requirements and restrictive covenants;
"local trust area" has the same meaning as in

section 1 of the Islands Trust Act;
"local trust committee" has the same meaning as in

"measure" has the meaning given to it in

section 16 (b) [recommended measures];
"naturally restricted area", in relation to a site, means the area of the site that is unavailable for development because of natural features that preclude development;
"normal farm practice" has the same meaning as in

section 1 of the Farm Practices Protection (Right to Farm) Act;
"parcel" means a lot, block or other area in which land is held or into which land is subdivided;
"planning and land use area",
(a) in relation to a local government other than a local trust committee, means the area over which the local government has authority under

section 456 [area of authority for municipalities and regional districts] of the Local Government Act;
(b) in relation to a local trust committee, means the local trust area or other part of the trust area in respect of which the local trust committee is a local trust committee;
"primary qualified environmental professional" has the meaning given to it in

section 20 [primary qualified environmental professionals];
"protected fish" means all life stages of
(c) fish that are listed in Schedule 1, 2 or 3 of the Species at Risk Act (Canada);
"qualified environmental professional" has the meaning given to it in

section 21 [qualified environmental professionals];
"ravine" means a narrow, steep-sided valley that is typically eroded by running water and has a slope grade greater than 3:1;
"riparian assessment area" means the area around a stream that is determined in accordance with

section 8 [riparian assessment area];
"riparian development" means a development to which this regulation applies under

section 3 [application to developments];
"riparian protection standard" has the meaning given to it in

section 10 [riparian protection standard];
"simple assessment" means an assessment referred to in

section 13 (a);
"site", in relation to a proposed development, means
(a) the parcel on which the development is proposed to occur, or
(b) if the development is proposed to occur on a strata lot, the strata lot;
"strata lot" has the same meaning as in

section 1 (1) of the Strata Property Act;
"stream" means
(a) a watercourse or body of water, whether or not usually containing water, and
(b) any of the following that is connected by surface flow to a watercourse or body of water referred to in paragraph (a):
(i) a ditch, whether or not usually containing water;
(ii) a spring, whether or not usually containing water;
"stream boundary", in relation to a stream, means whichever of the following is farther from the centre of the stream:
(a) the visible high water mark of a stream where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the stream a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself;
(b) the boundary of the active floodplain, if any, of the stream;
"streamside protection and enhancement area" has the meaning given to it in

section 9 [streamside protection and enhancement area];
"streamside vegetation", in relation to a stream, means
(b) upland vegetation that exerts an influence on the stream;
"subdivision" has the same meaning as in

"technical manual" means a manual published under

section 13.1 (1) [technical manuals] of the Act;
"top of a ravine bank" means the first significant break in a ravine slope where
(a) the grade beyond the break is less than 3:1 for a minimum distance of 15 m measured perpendicularly from the break, and
(b) the break does not include a bench within the ravine that could be developed;
"trust area" has the same meaning as in

"undue hardship" has the meaning given to it in

"wetland" means land that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, plant species that are typical of inundated or saturated soil conditions, including swamps, marshes, bogs, fens, estuaries and similar areas that are not part of the active floodplain of a stream.

2 (1) Subject to subsection (2), this regulation applies in relation to a local government in the geographic boundaries of
(b) any of the following regional districts:
Capital Regional District
Columbia Shuswap Regional District
Comox Valley Regional District
Cowichan Valley Regional District
Fraser Valley Regional District
Metro Vancouver Regional District, other than within the boundaries of the City of Vancouver
qathet Regional District
Regional District of Central Okanagan
Regional District of Nanaimo
Regional District of North Okanagan
Regional District of Okanagan-Similkameen
Squamish-Lillooet Regional District
Strathcona Regional District
Sunshine Coast Regional District
Thompson-Nicola Regional District. (2) This regulation does not apply in relation to a local government that is complying with

section 12 (4) (b) [alternative to complying with provincial directives on streamside protection] of the Act instead of the directive set out in section 4 of this regulation. 3 (1) Subject to this section, this regulation applies in relation to a development if
(a) the development is a residential, commercial or industrial development,
(b) the development is proposed to occur in a riparian assessment area of a stream that provides fish habitat to protected fish, and
(c) a local government has the power under Part 14 [Planning and Land Use Management] of the Local Government Act to regulate, prohibit or impose requirements in relation to the development.

(2) This regulation does not apply in relation to a development if the local government has received from the developer a copy of an authorization issued under

section 35 (2) (b) or (c) [serious harm to fish — exception] of the Fisheries Act (Canada) for the development. (3) This regulation does not apply in relation to a development that consists only of
(a) repairs or other non-structural alterations or additions to a building or other structure, if the structure
(i) will remain on its existing foundation and within its existing footprint, and
(ii) is not damaged or destroyed to the extent described in

section 532 (1) [repair or reconstruction if damage or destruction ≥ 75% of value above foundation] of the Local Government Act, or
(b) the maintenance of an area of human disturbance, other than a building or other structure, if the area is not extended and the type of disturbance is not changed. Part 2 — Directive to Local Governments
4 (1) This section is a directive under

section 12 (1) [provincial directives on streamside protection] of the Act. (2) A local government must have in force zoning or land use bylaws that ensure that a riparian development is subject to one of the following schemes:
(a) an approval-based scheme that prohibits the development from proceeding unless the local government approves the development in accordance with

section 5;
(b) a rules-based scheme that prohibits the development from proceeding unless
(i) the local government has received an assessment report under

section 6 [administration of assessment reports by minister] in relation to the development that has not expired under section 7 [expiration of assessment reports], and
(ii) the development proceeds as proposed in the assessment report and complies with any measures recommended in the assessment report. 5 A local government must not approve a riparian development to proceed unless the local government
(a) has received an assessment report under

section 6 in relation to the development that has not expired under section 7, and
(b) imposes as a condition of the approval that the development proceed as proposed in the assessment report and comply with any measures recommended in the assessment report. 6 (1) A qualified environmental professional may submit an assessment report to the minister in the manner and form required by the minister. (2) On receiving an assessment report under subsection (1), the minister may
(a) provide a copy of the report to a local government, or
(b) reject the report in accordance with subsection (3).

(3) The minister may reject an assessment report under subsection (2) (b) if the minister considers that
(a) the assessment that is the subject of the report was not carried out in accordance with

section 12 [assessments], or
(b) the report was not prepared in accordance with

section 14 [assessment reports] or is not complete. (4) For certainty, nothing in this section requires the minister to review a report that the minister does not reject. 7 An assessment report received by a local government expires on the date that is 5 years after the date on which a copy of the report was provided under

section 6 (2) (a) to the local government. 8 (1) Subject to subsection (2), the riparian assessment area for a stream consists of a 30 m strip on each side of the stream, measured from the stream boundary.

(2) If a stream is in a ravine, the riparian assessment area for the stream consists of the following areas, as applicable:
(a) if the ravine is less than 60 m wide, a strip on each side of the stream that is measured from the stream boundary to a point that is 30 m beyond the top of the ravine bank;
(b) if the ravine is 60 or more metres wide, a strip on each side of the stream that is measured from the stream boundary to a point that is 10 m beyond the top of the ravine bank.

9 (1) The streamside protection and enhancement area for a stream is the portion of the riparian assessment area for the stream that
(a) includes the land, adjacent to the stream boundary, that
(i) links aquatic to terrestrial ecosystems, and
(ii) is capable of supporting streamside vegetation, and
(b) in the case of a simple assessment, extends far enough upland from the stream that development outside the streamside protection and enhancement area will not result in any harmful alteration, disruption or destruction of natural features, functions and conditions in the area referred to in paragraph (a) that support the life processes of protected fish.

(2) Without limiting subsection (1) (a) (ii), an area of human disturbance must be considered to be capable of supporting streamside vegetation if the area would be capable of supporting streamside vegetation were the area in a natural condition. Division 2 — Riparian Protection Standard
10 (1) Subject to subsections (2) to (4), a proposed development meets the riparian protection standard if the development
(a) will not occur in the streamside protection and enhancement area, and
(b) in the case of a detailed assessment, will not result in any harmful alteration, disruption or destruction of natural features, functions and conditions in the streamside protection and enhancement area that support the life processes of protected fish.

(2) Subject to subsections (3) and (4), a proposed development on a site that is subject to undue hardship meets the riparian protection standard if
(i) will not occur in the streamside protection and enhancement area, other than in a part of that area that is already an area of human disturbance,
(ii) will be situated and otherwise designed so as to minimize any encroachment into the streamside protection and enhancement area, and
(iii) in the case of a detailed assessment, will not result in any harmful alteration, disruption or destruction of natural features, functions and conditions in the streamside protection and enhancement area that support the life processes of protected fish, and
(b) the areas of human disturbance on the site after the development is complete will not exceed the allowable footprint for the site.

(3) Subsections (1) and (2) (a) do not require
(a) a building or other structure that exists before the development occurs to be removed, if the structure will remain on its existing foundation and within its existing footprint, or
(b) any other area of human disturbance that exists before the development occurs to be returned or allowed to return to a natural condition, if the area will not be extended and the type of the disturbance will not be changed.

(4) A proposed development that involves a subdivision of a parcel or strata lot does not meet the riparian protection standard if the subdivision would create
(a) a parcel that has a developable area that is less than the allowable footprint for that parcel, or
(b) a strata lot that has a developable area that is less than the allowable footprint for that strata lot. 11 (1) In this section, "variance" means any of the following:
(a) a variance that a board of variance may order to be permitted under

section 542 [board powers on application] of the Local Government Act;
(b) a variance that a local government may permit under

section 498 [development variance permits] of the Local Government Act;
(c) an amendment to a zoning bylaw. (2) A site is subject to undue hardship for the purposes of this regulation if
(a) the site was created by subdivision in accordance with the laws in force in British Columbia at the time the site was created,
(b) the developer has sought and received a decision on every variance that would reduce the legally restricted area of the site, and
(c) the developable area of the site is less than the allowable footprint for the site.

(3) The allowable footprint for a site subject to undue hardship is the following:
(a) if the area of human disturbance on the site is less than or equal to 70% of the area of the site, the allowable footprint is 30% of the area of the site;
(b) if the area of human disturbance on the site is greater than 70% of the area of the site, the allowable footprint is 40%.

Part 4 — Assessments and Assessment Reports
12 An assessment of a proposed development for the purposes of this regulation must be carried out
(a) by one or more qualified environmental professionals, and
13 An assessment must determine the streamside protection and enhancement area for a stream, in accordance with the technical manuals, using one of the following methods:
(a) a method based on measurement from the stream boundary or, if the stream is in a ravine, from the top of the ravine bank;
(b) a method based on the location of natural features, functions and conditions that support the life processes of protected fish.

Division 2 — Assessment Reports
14 An assessment report must be prepared
(a) by or under the direction of a primary qualified environmental professional, and
15 (1) An assessment report must include
(a) a description of the assessment activities carried out, and
(b) a description of the results of the assessment. (2) A description under subsection (1) (b) must identify, in accordance with the technical manuals,
(a) the riparian assessment area,
(b) the streamside protection and enhancement area, and
(c) in the case of a detailed assessment, any potential hazards posed by the proposed development to natural features, functions or conditions in the streamside protection and enhancement area that support the life processes of protected fish. 16 For each potential hazard identified under

section 15 (2) (c), if applicable, an assessment report must
(a) explain how the design of the proposed development will avoid the hazard, or
17 An assessment report must set out the opinion of the primary qualified environmental professional by or under whose direction the report was prepared as to
(a) whether the site of the proposed development is subject to undue hardship, and
(b) whether the proposed development will meet the riparian protection standard if the development proceeds as proposed in the report and complies with the measures, if any, recommended in the report. 18 (1) In this section, "contact details", in relation to a person, means the street address, mailing address, telephone number and, if any, email address of the person.

(2) Subject to subsection (3), an assessment report must include the following information:
(a) the legal name and contact details of the primary qualified environmental professional by or under whose direction the report was prepared;
(b) the legal name and contact details of every other qualified environmental professional who participated in carrying out the report;
(c) the following information about each individual named under paragraph (a) or (b):
(i) the profession of the individual under

section 21 (2) (a) [qualified environmental professionals];
(ii) the professional association under

section 21 (2) (b) for that profession and the number by which the individual is identified by that professional association;
(iii) if the individual carried out functions in relation to the assessment or report as the employee of a company, the legal name of the company;
(iv) with respect to the primary qualified environmental professional, whether the individual has taken and achieved a passing grade on a course of study referred to in

section 20 (b) [primary qualified environmental professionals];
(d) the legal name and contact details of the proponent of the proposed development;
(e) the following information about the proposed development:
(i) whether the development is a residential, commercial or industrial development;
(ii) whether the development is a new development or a change to an existing development;
(iii) the location of the development, set out as a street address, legal description and longitude and latitude;
(iv) the names of the local governments in whose planning and land use areas the development is proposed to occur;
(v) the code for the watershed in which the development is proposed to occur;
(vi) for each riparian assessment area in which development is proposed to occur,
(A) the official name of the affected stream or, if there is not an official name, a legal description of that stream, and
(B) the length of the affected portion of the affected stream;
(vii) the proposed start and completion dates for the development;
(f) final and complete design drawings for the proposed development;
(g) a clear and legible plan of the site of the proposed development that shows all of the following in accordance with the technical manuals:
(i) the riparian assessment area;
(ii) the streamside protection and enhancement area;
(iii) in the case of a detailed assessment, the areas in which natural features, functions and conditions that support the life processes of protected fish occur;
(iv) an outline of the proposed development and any existing areas of human disturbance on the site;
(h) in the case of a detailed assessment, an orthophoto labelled as required by the technical manuals;
(i) a plan to monitor the development, during construction, for the purposes of ensuring that the development is proceeding as proposed in the report and in accordance with any measures recommended in the report.

(3) The following provisions do not apply in relation to a development that consists only in the subdivision of a parcel or strata lot:
19 (1) An assessment report must include the following statements:
(a) a statement of the primary qualified environmental professional by or under whose direction the report was prepared that
(i) the professional is qualified under

section 20 to serve as a primary qualified environmental professional in relation to the assessment and report,
(ii) if the professional prepared part of the report, the professional is qualified under

section 21 (2) to serve as a qualified environmental professional in relation to that part,
(iii) each other qualified environmental professional, if any, who carried out a part of the assessment is qualified under

(iv) the assessment was carried out in accordance with

section 12 [assessments], and
(v) the report was prepared in accordance with

section 14 [assessment reports] and is complete;
(b) a statement of each other qualified environmental professional, if any, who carried out a part of the assessment that

(ii) the assessment as it relates to that part was carried out in accordance with

section 12, and
(iii) the report as it relates to that part was prepared in accordance with

section 14 and is complete;
(c) if the developer is an individual, a statement of the developer that the developer has read the report;
(d) if the developer is a corporation, a statement of an individual who is a director or officer of the corporation that the individual has read the report. (2) A statement under subsection (1) must be signed by the person required to make the statement. Division 3 — Qualified Environmental Professionals
20 An individual may serve as a primary qualified environmental professional for the purposes of this regulation if the individual
(a) is a qualified environmental professional, and
(b) has completed and achieved a passing grade on a course of study, approved by the minister, relating to assessments and assessment reports. 21 (1) Repealed.

(2) An individual may serve as a qualified environmental professional for the purposes of carrying out part of an assessment under this regulation if
(a) the individual is registered under the Professional Governance Act as any of the following professionals:
(ii) an applied science technologist or certified technician;
(iii) a registered professional biologist or registered biology technologist;
(iv) a professional engineer or professional licensee engineering;
(v) a professional forester or registered forest technologist;
(vi) a professional geoscientist or professional licensee geoscience,
(b) the individual is in good standing with the regulatory body under that Act for the individual's profession, and
(c) when carrying out that part of the assessment, the individual is acting
(i) within the individual's area of expertise,
(ii) within the scope of professional practice for the individual's profession, and
(iii) under the code of ethics of the regulatory body referred to in paragraph (b) and is subject to disciplinary action by that regulatory body.

[am. B.C. Regs. 99/2020; 11/2021, App. 3, s. 17; 32/2023, Sch. B, s. 13.] 22 A local government must cooperate with the minister, and the federal Minister of Fisheries and Oceans, in developing strategies in relation to
(a) monitoring and reporting on the effect of developments on riparian areas,
(b) public education respecting the protection of riparian areas, and
(c) the implementation of and compliance with recommendations in an assessment report. "2001 regulation" means the Streamside Protection Regulation, B.C. Reg. 10/2001;
"2004 regulation" means the Riparian Areas Regulation, B.C. Reg. 376/2004.

(2) This regulation does not apply in relation to a development that is proposed to occur in a riparian assessment area for a stream if
(a) a streamside protection and enhancement area was established for the relevant portion of the stream in accordance with the 2001 regulation, and
(b) any amendments to that streamside protection and enhancement area meet the following requirements:
(i) in the case of amendments made on or after March 31, 2005 and before November 1, 2019, the resulting streamside protection and enhancement area was determined in accordance with the 2004 regulation;
(ii) in the case of amendments made on or after November 1, 2019, the resulting streamside protection and enhancement area is determined in accordance with this regulation.

"eligible structure" means a building or other structure damaged or destroyed to the extent described in

section 532 (1) [repair or reconstruction if damage or destruction ≥ 75% of value above foundation] of the Local Government Act;
"former regulation" means the Riparian Areas Regulation, B.C. Reg. 376/2004. (2) Despite

section 3 [application to developments], this regulation does not apply in relation to a development that consists only of the repair or reconstruction of an eligible structure if
(a) the structure will remain on its existing foundation, and
(b) a development permit or development variance permit described in

section 3 (2) of the former regulation is issued for the repair or reconstruction before November 1, 2019. [Provisions relevant to the enactment of this regulation: Riparian Areas Protection Act, S.B.C. 1997, c. 21, ss. 12 and 13.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 306 of the Vancouver Charter or under section 697 of the Local Government Act, or by the trustees of any improvement district,
(b) regulations made by the Lieutenant Governor in Council under

section 692 of the Local Government Act,
(c) regulations made under the Drinking Water Protection Act or the Public Health Act, and
(d) regulations made under the Safety Standards Act with respect to electrical equipment, gas systems and gas equipment;
"development" means land that has been, or is intended to be, divided into 2 or more strata lots by the registration of a bare land strata plan in a land title office;
"improvement district" has the same meaning as in the Local Government Act;
"municipality" means a municipality as defined in the Local Government Act and includes the City of Vancouver;
"potable water" means water which is approved for drinking purposes by a drinking water officer within the meaning of the Drinking Water Protection Act;
"professional engineer" means a person who is registered under the Professional Governance Act as a professional engineer or professional licensee engineering;
"registrar" means a registrar of titles within the meaning of the Land Title Act;
"zoning bylaw" means a zoning bylaw within the meaning of the Local Government Act and includes a provision in any other bylaw of a municipality or regional district regulating the area, shape, dimensions or use of land but does not include an official community plan or an official settlement plan.

(2) For the purposes of these regulations, a reference in a zoning bylaw to "lot" or "parcel" includes a strata lot in a bare land strata plan. [am. B.C. Regs. 137/84; 41/2016, s. 2; 237/2018, Sch. 1; 11/2021, App. 3, s. 1; 32/2023, Sch. B, s. 1.] 2 (1) No bare land strata plan shall be approved by an approving officer unless
(a) it conforms to the relevant municipal or regional district zoning bylaws and development permits, and
(b) it complies with the Act, this regulation and rules made under

(2) Notwithstanding subsection (1) (a), where a zoning bylaw sets out minimum lot or parcel sizes, the approving officer may approve a bare land strata plan containing strata lots of less than the permitted size so long as
(a) the total area of the land in the bare land strata plan (exclusive of those portions intended to provide access routes) divided by the number of strata lots intended to be created is not less than
(i) where the bylaw specifies a minimum lot size but no average lot size, the minimum lot size so specified, or
(ii) where the bylaw specifies a minimum lot size and an average lot size, the average lot size so specified, and
(b) the approving officer is satisfied that a building or structure appropriate to the intended use can be constructed on each of the strata lots in compliance with the zoning bylaw, or in compliance with a development permit, where a development permit has been issued by the municipality or regional district.

(3) Nothing in this section authorizes the approving officer to approve a bare land strata plan containing a strata lot that is of a size less than the minimum size prescribed under the Local Services Act, where the land intended to be included in the bare land strata plan is subject to that Act. [am. B.C. Regs. 307/83; 137/84; 207/2004, s. (c).]

3 (1) In considering an application for the approval of a bare land strata plan, the approving officer may
(a) at the cost of the owner-developer, personally examine or cause an examination and report to be made on the land intended to be included in the bare land strata plan,
(b) hear from all persons who, in the approving officer's opinion, are affected by the bare land strata plan,
(c) require an owner-developer to state in writing the intended use of the strata lots being created by a bare land strata plan,
(d) require the owner-developer to provide such plans, designs, specifications and reports as the approving officer may reasonably require in order to consider the bare land strata plan for approval,
(e) refuse to approve the bare land strata plan, if the approving officer considers that
(i) the anticipated development would injuriously affect the established amenities of adjoining or reasonably adjoining properties,
(ii) the deposit of the bare land strata plan is against the public interest,
(iii) the bare land strata plan does not comply with the provisions of these regulations relating to access and the sufficiency of highways required to be dedicated pursuant to these regulations,
(iv) the highways required to be dedicated prior to the approval of the bare land strata plan by the approving officer are not cleared, drained, constructed and surfaced to the approving officer's satisfaction, or unless, in such circumstances as the approving officer considers proper, security in an amount and in a form acceptable to the approving officer is provided by the owner-developer,
(v) it contains land that because of inadequate drainage is not suitable for the intended use or any other prospective use the approving officer considers likely,
(vi) the land is subject or could reasonably be expected to be subject to flooding, erosion, land slip or avalanche,
(vii) the cost of providing the public utilities or other works or services would be excessive, or
(viii) the development would adversely affect the natural environment to an unacceptable level.

(2) If land in respect of which a bare land strata plan is submitted for approval is subject to any of the conditions described in subsection (1) (e) (v) or (vi), the approving officer may approve it if the owner-developer agrees in writing to enter into such covenants registrable under

section 182 of the Land Title Act as the approving officer considers advisable. (3) Repealed. [B.C. Reg. 497/2003, s. 1 (b).] [am. B.C. Regs. 310/85; 109/2002, s. 3; 497/2003, s. 1; 64/2021, ss. 5, 6 and 7.] 4 Where the land intended to be included in a bare land strata plan is situated in an improvement district, the approving officer shall, within 7 days after the bare land strata plan is received by the approving officer for approval, notify the trustees of the improvement district. [am. B.C. Reg. 64/2021, s. 7.]

5 (1) Where the approving officer considers that portions of the land intended to be included in a bare land strata plan are or may be necessary
(a) for the construction of highways within the municipality or regional district in accordance with any existing Provincial or municipal highway network, plans or policy,
(b) to provide necessary and reasonable access by means of a highway to land lying beyond the land intended to be included in the bare land strata plan, or
(c) to provide suitable lanes in continuation of existing lanes,
the approving officer may refuse to approve the bare land strata plan unless
(d) the owner-developer has, subject to the limitations in

section 945 of the Local Government Act or sections 2 (1) (a) and (f) and (2), 8 to 11 and 43 of the Transportation Act, as the case may be, dedicated those portions, by registering a subdivision plan in the land title office, and
(e) the owner-developer has constructed the highway or lane or, in such circumstances as the approving officer considers appropriate, the owner-developer has furnished to the municipality, regional district or improvement district security for its construction in an amount and in form satisfactory to the approving officer.

(2) In considering the sufficiency of a highway to be dedicated prior to the approval of a bare land strata plan, the approving officer shall consider
(a) the location and width of the highway,
(b) the configuration of the land intended to be included in the bare land strata plan,
(c) the relation of the highway to be dedicated to an existing highway or approach, whether by land or water, and local circumstances,
(d) on the question of width, the extent of the use, present and future, to which the highway may be put, and
(e) the likely or possible role of the highway in a future highway network serving the area in which the land in the bare land strata plan is situate. [am. B.C. Regs.

180/88, s. (a); 546/2004, App. s. 26; 64/2021, s. 5.] 6 (1) The approving officer may decline to approve a bare land strata plan if, where the approving officer considers access routes are necessary, the approving officer considers that
(a) the width of the access routes are not sufficient to meet police and fire protection requirements,
(b) the access routes are not sufficient to provide practical and reasonable access to the strata lots, or
(c) the access routes have not been designed or are not capable of being constructed in accordance with standards generally accepted as good engineering practice.

(2) In considering the sufficiency of the access routes, the approving officer may consider
(a) reports from local fire protection and police authorities,
(b) engineering studies or reports of a professional engineer on the design and construction of the access routes,
(c) the proposed use of the land in the bare land strata plan and whether or not the access routes are suited to the use intended,
(d) the configuration of the land in the bare land strata plan, and
(e) the relation of the intended access routes to an existing highway or approach outside the bare land strata plan,
and the approving officer may, at the cost of the owner-developer, require an engineering study on the sufficiency of the access routes to be prepared by a professional engineer.

[am. B.C. Reg. 64/2021, s. 5.] 7 No bare land strata plan shall be approved by an approving officer unless the approving officer is satisfied that the access routes the approving officer considers necessary will not encroach on a strata lot. [am. B.C. Reg. 64/2021, s. 5.]

8 (1) A bare land strata plan shall comply with the following:
(a) where the land intended to be included in a bare land strata plan borders
(i) on a body of water, the bed of which is owned by the Crown,
(ii) on the boundary of a strip of land established as the boundary of a water reservoir, and the strip of land and reservoir are owned by the Crown, or
(iii) on a strip of land 20 m or less in width contiguous to a natural boundary as defined in the Land Act,
access shall be given by highways 20 m wide to the body of water and to the strips at distances not greater than 200 m between centrelines, or, in unorganized territory where the land intended to be included in the bare land strata plan exceeds 0.5 ha, at distances not greater than 400 m between centrelines;
(i) the land intended to be included in a bare land strata plan borders on a body of water, the bed of which is owned by a person other than the Crown, and
(ii) in the case of a lake or pond, where the surface area 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
(iii) in the case of a river, creek or watercourse, where the average width of that portion within the bare land strata plan at mean annual high water is at least 6 m and the average depth of that portion at mean annual high water is at least 0.6 m,
access shall be given by highways 20 m wide to the body of water at distances not greater than 200 m between centrelines, or in unorganized territory where the land intended to be included in the bare land strata plan exceeds 0.5 ha, at distances not greater than 400 m between centrelines; but subparagraph (ii) does not apply to a reservoir or pond where the bed is owned by a public body other than the Crown and used for the purpose of domestic or industrial water supply.

(2) The Minister of Transportation and Infrastructure may, on application supported by an affidavit and, where the approving officer is not an employee of the Ministry of Transportation and Infrastructure, the written recommendation of the approving officer, grant relief from a strict compliance with this section. (3) The grant of relief under subsection (2) may be evidenced by a certificate endorsed on the bare land strata plan and signed by the Minister of Transportation and Infrastructure or by an approving officer of the Ministry of Transportation and Infrastructure.

9 (1) Where the land intended to be included in a bare land strata plan adjoins a lake, river, stream or other body of water, the approving officer may refuse to approve it unless the owner-developer has provided by dedication without compensation a strip of land not exceeding 7 m in width along the bank or shore for the purpose of providing public access, if, in the approving officer's opinion, it is in the public interest to do so. (2) Land dedicated under this section shall be measured from
(b) the controlled high water mark, or
(c) the natural boundary of the lake, river, stream or other body of water as defined by the Land Act,
whichever is applicable.

(3) The amount of land provided for public access under this section shall not exceed 5% of the land in the bare land strata plan. (4) This section does not apply where the smallest strata lot intended to be created by the bare land strata plan exceeds 2 ha. [am. B.C. Reg. 64/2021, s. 6.] 10 A dedication of land for public access by highways or otherwise under

section 8 or 9 of this regulation shall be effected by the registration of a subdivision plan in the land title office. 11 Except in the case of a municipality that has adopted an official community plan and
(a) the official community plan has been approved by the minister responsible for the administration of the Transportation Act, and
(b) the land in a bare land strata plan is in an area of the municipality covered by the official community plan,
the approving officer shall not approve that bare land strata plan if it deals with land in the municipality adjacent to a controlled access highway, as defined in the Transportation Act, unless and until it has first been approved by an approving officer for unorganized territory. [am. B.C.

12 Where land in a bare land strata plan would, if subdivided under the Land Title Act, be required to be connected by water, sewer or storm drainage mains to a water utility, community water system, sewage collection and disposal system or a drainage system operated by a municipality, regional district, improvement district, water district or any other public authority pursuant to a bylaw regulating the subdivision of land under the Local Government Act, the approving officer shall not approve the bare land strata plan unless
(a) the water, sewer and storm drainage mains connecting the land to the utility or systems have been constructed in accordance with the standards and procedures set out in the bylaw, or
(b) the owner-developer has, in such circumstances as the approving officer considers appropriate, furnished security to the municipality, regional district or improvement district for the cost or the owner-developer's portion of the cost of constructing the water, sewer and storm mains in form satisfactory to the approving officer.

[am. B.C. Regs. 546/2004, App. s. 28; 41/2016, s. 3; 64/2021, s. 6.] 13 (1) Where land intended to be included in a bare land strata plan is required to be connected to a water utility, community water system, sewage collection and disposal system or a drainage system pursuant to a bylaw enacted under

section 746, 747 or 938 of the Local Government Act, the approving officer shall not approve the bare land strata plan unless the approving officer is satisfied that a water distribution system, sewage collection system and drainage system serving all the strata lots can be constructed on the land in accordance with the standards set out in the codes, or where the codes do not provide standards, in accordance with standards generally accepted as good engineering practice.

(2) Where the land intended to be included in a bare land strata plan is not required to be connected to a water utility or community water system, the approving officer shall not approve the bare land strata plan unless
(a) the approving officer is satisfied that each strata lot intended to be created has an adequate proven source of potable water or will have a supply of potable water adequate for its use or any prospective use the approving officer considers likely, or
(b) a water distribution system connecting all the strata lots to an adequate proven source of potable water has been constructed on the land in accordance with the standards set out in the codes, or where the codes do not provide standards, in accordance with standards generally accepted as good engineering practice.

(3) Where the land intended to be included in a bare land strata plan is not required to be connected to a sewage collection and disposal system, the approving officer shall not approve the bare land strata plan unless
(a) the approving officer is satisfied that a sewage disposal system can be constructed on each strata lot in accordance with the standards set out in the codes, or
(b) a sewage collection system connecting each strata lot to a common or other sewage disposal facility has been constructed on the land in accordance with the standards set out in the codes, or where the codes do not provide standards, in accordance with standards generally accepted as good engineering practice.

(a) the land or any part of the land intended to be included in a bare land strata plan is not suitable for its intended or any other likely use because of inadequate drainage, and
(b) the owner-developer has agreed to install a drainage system that will, in the opinion of the approving officer, provide adequate drainage,
the approving officer shall not approve the bare land strata plan unless the drainage system has been constructed on the land in accordance with standards generally accepted as good engineering practice, and provides adequate drainage.

(5) In such circumstances as the approving officer considers appropriate, the approving officer may approve a bare land strata plan where the requirements of subsection (2), (3) or (4) are not met if the owner-developer agrees in writing to enter into such covenants registrable under

section 182 of the Land Title Act as the approving officer considers advisable. (6) For the purpose of this section, the approving officer may rely upon a certificate of a professional engineer as evidence of standards generally accepted as good engineering practice. [am. B.C. Regs. 180/88, s. (b); 64/2021, s. 5.] 14 (1) Where the source of potable water intended to supply the development is on land not intended to be included in the bare land strata plan, the approving officer shall not approve it unless the approving officer is satisfied that the owner-developer has obtained all rights-of-way or easements necessary to transport water from the source to the development.

(2) Where the owner-developer intends to supply the development with water from a source regulated under the Water Sustainability Act, the owner-developer shall obtain a licence to divert and use the amount of water required to serve the development prior to the approval of the bare land strata plan by the approving officer. (3) Where a discharge of sewage from or within a development is within the terms of the Environmental Management Act, the owner-developer shall obtain a provisional permit for that discharge prior to the approval of the bare land strata plan by the approving officer. [am. B.C. Regs. 41/2016, s. 4; 64/2021, s. 5.]

15 Where
(a) an owner-developer intends or is required to provide the development with a water distribution system, sewage disposal system or drainage system, and
(b) if any of the pipes or lines comprised in the systems are intended to be laid on or under a strata lot,
the approving officer shall not approve the bare land strata plan unless the owner-developer agrees, in writing, to register such easements as the approving officer considers sufficient to ensure that the strata corporation will have the right to enter on the strata lots affected and to install, repair, maintain or replace the pipes or lines. 16 Notwithstanding

section 13 of this regulation, where
(a) a water distribution system, sewage collection system or drainage system is required to be constructed prior to the approval of a bare land strata plan by the approving officer, and
(b) the required systems have not been constructed on the land intended to be included in the bare land strata plan at the time it is submitted to the approving officer for approval,
the approving officer may, in such circumstances as the approving officer considers appropriate, approve the bare land strata plan if the owner-developer has furnished security for the cost of constructing the systems in an amount and form satisfactory to the approving officer. [am. B.C. Reg. 64/2021, s. 5.]

17 A bare land strata plan shall provide as common property, limited common property or otherwise, such areas for the parking of automobiles as the approving officer considers necessary to meet the normal parking requirements of the development, having regard to the number and size of the strata lots intended to be created, the width of the access routes intended to be provided and the intended use of the strata lots. 18 On the approval of a bare land strata plan, the approving officer shall write on it "Approved as a bare land strata plan under the Strata Property Act" with the date of approval and shall sign it and append below the approving officer's signature the title ................ [Municipal, or as the case may be] .............

Approving Officer for ...............[Name of municipality, or as the case may be]............... . [am. B.C. Reg. 64/2021, s. 6.] Submission of Plans for Approval
19 (1) A bare land strata plan shall be tendered for examination and approval by the approving officer
(a) where the land affected is within a municipality, to the municipal clerk, and
(b) where the land affected is within an unorganized territory, to the district highway manager of the Ministry of Transportation and Infrastructure, or where an employee of a regional district is the approving officer, to the secretary-treasurer of the regional district.

(2) The bare land strata plan shall be accompanied by
(a) an examination fee, if the bare land strata plan is tendered under subsection (1) (b) to a district highway manager, of $100 plus $100 for each strata lot to be created under the bare land strata plan, and
(b) a certificate that all taxes assessed on the land have been paid, and where local improvement taxes, rates or assessments are payable by instalments, that all instalments owing at the date of the certificate have been paid.

(3) Where a bare land strata 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
(i) all posts and monuments are in place, and
(ii) the survey has not been affected by an intervening survey or a registration, deposit, or filing under the Act or the Land Title Act, and
(b) write on the plan "Inspected under the Strata Property Act", with the date of the inspection and the surveyor's signature. (4) The surveyor may inspect and certify under subsection (3) before the plan is tendered for approval.

(5) 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. [am. B.C. Regs. 36/94; 64/2021, ss. 6 and 8.] 20 (1) A bare land strata plan shall be tendered for deposit to the registrar within 2 months after it has been approved by the approving officer, or within such further time as the registrar, on application made to the registrar before the expiration of the 2 months, may allow for sufficient cause. (2) Where the bare land strata plan is not tendered to the registrar within the time allowed, the approval of the plan shall be conclusively deemed to be revoked. [am. B.C. Reg. 64/2021, s. 7.]

21 (1) Where the approving officer approves a bare land strata plan on the condition that a covenant or easement benefiting or burdening the land or any adjacent land be registered in the land registry office, the approving officer shall endorse the condition on the bare land strata plan. (2) No registrar shall deposit a bare land strata plan until the registrar is satisfied that all conditions endorsed on it by the approving officer have been met. [am. B.C. Reg. 64/2021, s. 5.] [Provisions relevant to the enactment of this regulation: Strata Property Act, S.B.C. 1998, c. 43, ss. 243 and 292.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 1 of the Schedule to the Local Government Act;
"owner" means an owner as defined in the Land Title Act. [am. B.C. Reg. 206/2016, Sch. 2, s. 1.] 2 (1) Repealed. [B.C. Reg. 206/2016, Sch. 2, s. 2 (a).] (2) An application under

section 274 of the Act to cancel a bare land strata plan must be in the form required by the registrar, and must include
(a) the date of deposit of the plan in the land title office, its number and the description of the land within the plan,
(b) a statement as to whether the land is situated in a certain municipality or in a rural area,
(c) a statement of the improvements to and the occupation of the land in the plan,
(d) a statement of the assets, other than the common property, and the debts and liabilities of the strata corporation,
(e) proposals for the vesting or other disposition of the land in the plan, including the common property and improvements, upon cancellation,
(f) proposals for the vesting or other disposition of the assets of the strata corporation, other than the common property, upon cancellation,
(g) proposals for the winding up of the affairs of the strata corporation, including the discharge of all debts and liabilities, and
(h) the name, occupation and post office address of each owner and the description of the land owned by each owner.

(3) An application to cancel a bare land strata plan must, in addition to the documents required by

section 274 of the Act, be accompanied by
(a) all documents that are required to carry out the proposals for vesting or other disposition of the land in the plan, and
(b) a copy of the notice referred to in

section 274 of the Act, an application to cancel a bare land strata plan need not be accompanied by a court order under section 273.1 or the written consent referred to in section 274 (c) (i) if
(a) the bare land strata plan has fewer than 5 strata lots, and
(b) the registrar considers that the interests of holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, will not be affected by the cancellation. [am. B.C. Reg. 206/2016, Sch. 2, s. 2.] 2.1 (1) An application under

section 274 of the Act may not be made in relation to a bare land strata plan unless written notice is given, at least 90 days before the date of the application,
(a) if any land within the strata plan is within the jurisdiction of a local government, to the local government, and
(b) if any land within the strata plan is outside the jurisdiction of a local government, to the applicable approving officer under the Land Title Act.

(2) A notice under subsection (1) must be in Form BL-A and must
(a) state whether the owners intend to apply for subdivision of the land within the strata plan, and
(b) if the owners intend to apply for subdivision of the land within the strata plan, include a list of any common property or common assets that the owners propose to dispose to a local government or the Province. [en. B.C. Reg. 206/2016, Sch. 2, s. 3.] 3 (1) Subject to subsection (2), no bare land strata plan shall be cancelled unless
(a) the documents referred to in

section 2 (3) (a) comply with the requirements of the Land Title Act,
(b) the debts and liabilities of the strata corporation, other than debts held by holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, have been extinguished, and
(c) all taxes, assessments and charges levied on the owners of land within the plan have been paid. (2) Where the documents referred to in

section 2 (3) (a) include a subdivision plan, the registrar may receive but not deposit the subdivision plan prior to it being approved by an approving officer. [am. B.C. Reg. 206/2016, Sch. 2, s. 4.] 4 (1) Subject to subsection (2), the registrar shall, upon receipt of an application that complies with the requirements of this regulation and the Land Title Act,
(a) cancel the bare land strata plan,
(b) register the documents referred to in

section 2 (3) (a), issue a new certificate of title and amend the registrar's records accordingly, and
(c) declare the strata corporation dissolved. (2) Where an application to cancel a bare land strata plan complies with the requirements of this regulation and the Land Title Act but is accompanied by a subdivision plan that has not been approved by an approving officer, the registrar shall
(a) approve the application, subject to approval of the subdivision plan by an approving officer, and
(b) upon approval of the subdivision plan by an approving officer
(i) cancel the bare land strata plan,
(ii) register the documents referred to in

(iii) declare the strata corporation dissolved. [am. B.C. Regs. 206/2016, Sch. 2, s. 5; 76/2022, s. 7.] [en. B.C. Reg. 206/2016, Sch. 2, s. 6.] Notice of Intent to Wind Up a Strata Corporation and Cancel a Bare Land Strata Plan
(Bare Land Strata Plan Cancellation Regulation

section 2.1)
Re: Strata Plan ......................................................... [the registration number of the strata plan]. Notice is given of intent to apply to the registrar to cancel the above strata plan and to wind up the strata corporation pursuant to the Bare Land Strata Plan Cancellation Regulation and Part 16 of the Strata Property Act. (a) Do the owners intend to apply for subdivision of the land within the strata plan? no yes
(b) Do the owners intend to ask a local government or the Province to acquire common property or common assets from the strata corporation?

no yes
If yes, identify the common property or common assets as follows:
roads, sidewalks or streetlights
pipes and other facilities for the passage or provision of:
water
sewage
gas
oil
electricity
other: ................................................................
other on-site services or facilities: [please list]
................................................................
other: [please list]
................................................................ Date: ................................................................ [month day, year]
[Provisions relevant to the enactment of this regulation: Strata Property Act, S.B.C. 1998, c. 43, s. 292.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 21 (2);
"farm land" means a farm as defined in the Assessment Act;
"land" means land as defined in the Assessment Act;
"legal description" means a description sufficient to describe a property for the purpose of its registration in a land title office;
"ministry" means the ministry of the minister responsible for the administration of this Act;
"occupier" means an occupier as defined in the Assessment Act;
"owner" means an owner as defined in the Assessment Act;
"parcel" means a parcel as defined in the Assessment Act;
"person" means a person as defined in the Assessment Act;
"property" includes land and improvements;
"registered" and "registration", in relation to property, means registration in the records of the land title office of the land title district in which the property is located;
"review panel" means a review panel as defined in the Assessment Act;
"rural land" means land outside a municipality other than farm, forest, timber, tree farm and wild land;
"Surveyor of Taxes" means the Surveyor of Taxes appointed under this Act;
"taxes" includes all taxes on property or other basis of assessment imposed, levied, assessed or assessable under this Act, and all percentage additions, penalties and interest added to taxes under this Act;
"trustee" means a trustee as defined in the Assessment Act.

Part 1 — General Taxation Provisions
2 (1) As provided in this Act, and for raising a revenue for Provincial purposes,
(a) property in British Columbia is subject to taxation,
(b) every owner must be assessed and taxed on the owner's property, and
(c) every occupier of Crown land must be assessed and taxed on the land and improvements on it held by the occupier as an occupier. (2) A person assessed and taxed may appeal as provided in the Assessment Act. (3) Taxes levied under this Act relate to the calendar year in which the levy is first made and are based on the assessed values of land and improvements as confirmed by a review panel.

means,
(a) in subsection (5) (l), an authorized person as defined in

section 13.1 of the Assessment Act,
(b) in subsection (5) (m), a person who is engaged or employed, or was formerly engaged or employed, by or on behalf of the Land Title and Survey Authority of British Columbia, to assist in carrying out the provisions of the Land Title and Survey Authority Act, and
(c) in any other case, a person who is engaged or employed, or was formerly engaged or employed, by or on behalf of the government, to assist in carrying out the provisions of this Act;
"confidential information" means information of any kind and in any form, other than information set out in a taxation roll, relating to one or more persons,
(a) that is obtained for the purposes of this Act by or on behalf of the minister, or
"designated person" has the same meaning as in

section 241 (10) of the Income Tax Act (Canada);
(b) who was formerly so employed or engaged or formerly occupied such a position,
and, for the purposes of subsections (2) and (3), "official" includes a designated person;

(i) any enactment of British Columbia, another province or Canada that provides for the imposition or collection of a tax or duty,
(ii) the Home Owner Grant Act, or
(iii) the Land Tax Deferment Act.

(i) any taxes or other amounts that are or may become payable by the person under this Act,
(ii) any refund to which the person is or may become entitled under this Act, or
(iii) to an official of the ministry, solely for the purposes of the formulation or evaluation of fiscal policy;
(iv) to an official solely for the purposes of the administration or enforcement of an enactment of British Columbia that provides for the imposition or collection of a tax or duty;
(v) to an official solely for the purposes of the administration or enforcement of the Home Owner Grant Act, the Land Tax Deferment Act or the Real Estate Development Marketing Act;
(vi) to an official solely for the purposes of the administration or enforcement of an Act of the Parliament of Canada, or an enactment of another province, that provides for the imposition or collection of a tax or duty;
(vii) to an official solely for the purposes of the compilation of statistical information by the government or the government of Canada, as the case may be;
(viii) to an official solely for the purposes of setting off, against any sum of money that may be due or payable by the government, a debt due to the government;
(e) provide confidential information as provided for in, or ordered under,

section 239 or 242 of the Family Law Act or section 8.2 or 9 of the Family Maintenance Enforcement Act;
(f) provide confidential information relating to a person
(g) use confidential information to compile information in a form that does not directly or indirectly reveal the identity of the person to whom the information relates;
(h) provide confidential information solely for the purposes of sections 17, 18 and 19 of the Financial Administration Act;
(i) use, or provide to any person, confidential information solely for a purpose relating to the supervision, evaluation or discipline of an authorized person by the government in respect of a period during which the authorized person was employed by, or engaged by or on behalf of, the government to assist in the administration or enforcement of this Act, to the extent that the information is relevant for the purpose;
(j) provide confidential information to a police officer, solely for the purposes of an investigation into whether an offence has been committed under the Criminal Code, or the laying of an information or the preferring of an indictment, if
(k) provide confidential information to, or allow inspection of or access to confidential information by, any person otherwise legally entitled to the information under a prescribed enactment of British Columbia, solely for the purposes for which the person is entitled to the information;
(l) provide confidential information to, or allow inspection of or access to confidential information by, an authorized person, solely for the purposes of the administration or enforcement of the Assessment Act;
(m) provide confidential information to, or allow inspection of or access to confidential information by, an authorized person, solely for the purposes set out in

section 4 (1) (a) of the Land Title and Survey Authority Act. (6) Except in accordance with an information-sharing agreement entered into under

section 3.1, an official must not, under subsection (5) (a) to (c) and (h) to (m) of this section, provide confidential information to, or allow inspection of or access to confidential information by,
(a) an official of a public body, as defined in the Freedom of Information and Protection of Privacy Act, other than the ministry,

(8) The person who presides at a legal proceeding in relation to the supervision, evaluation or discipline of an authorized person may make orders necessary to ensure that confidential information is not used or provided to any person for any purpose unrelated to the proceeding, including
(d) an order sealing the records of the proceeding. (9) To the extent of any inconsistency or conflict with

section 3;

section 3 (5). (2) The minister may enter into an information-sharing agreement with

(i) an enactment administered by the minister that provides for the imposition or collection of a tax or duty,
(iii) the Land Tax Deferment Act, or

section 3 (6), an information-sharing agreement entered into before the coming into force of this section is considered to be an information-sharing agreement entered into by the minister under this section. 3.2 (1) Without limiting

section 5 of the Offence Act as it applies for the purposes of this Act, a person commits an offence if the person

section 3 (8). (2) A person commits an offence if

section 3 (5) (a) to (e), (h), (i) or (k) to (m), and
(b) the person knowingly, for a purpose other than the purpose referred to in paragraph (a), uses the information, provides the information or allows the information to be provided to any person or allows any person to access the information. (3) A person who commits an offence under subsection (1) or (2) is liable to one or both of the following:
4 A person must keep adequate books of account and records for the purposes of this Act, and if the books or records kept by a person are in the opinion of the minister inadequate for those purposes, the minister may specify the books and records that must be kept by that person.

5 A person commits an offence if the person, without reasonable excuse, in violation of this Act or the regulations does any of the following:
(a) and (b) [Repealed 2004-40-57.] (c) refuses or fails to provide to an officer any access, facility or assistance required for an entry on or examination of property or accounts;
(d) refuses or fails to attend or to submit to examination on oath or otherwise. 7 A person who without reasonable excuse tears down, injures or defaces an advertisement, notice or document that, under this Act, is posted in a public place, commits an offence.

8 A person who commits an offence for which no other penalty is specifically provided is liable on conviction
(a) for a first offence to a fine not exceeding $500, and
(b) for a second or subsequent offence to a fine of not less than $100 and not more than $1 000. 9 A director, manager, secretary or other officer of a corporation or association, or a member of a partnership or syndicate, who knowingly and wilfully authorizes or permits an act, default or refusal for which the corporation, association, partnership or syndicate is by this Act declared guilty of an offence is also guilty of an offence.

10 (1) A prosecution for an offence for which a fine is imposed under this Act must not be instituted without leave of the Attorney General, and fines recovered under this Act
(a) must be paid to the Minister of Finance, and
(b) form part of the consolidated revenue fund. (2) An information for an offence must be laid within 24 months of the time the matter of the information arose. 11 (1) Taxes levied in a taxation notice mailed under

section 21 (2) on or before May 31 of any year are due and payable on July 2 of the year they are first levied. (1.1) The Surveyor of Taxes must issue a copy taxation notice
(a) to a taxpayer if, on or before July 2 of the year the taxes are first levied,
(i) the taxpayer reports to the Surveyor of Taxes that the taxation notice mailed under

section 21 (2) was not received and the Surveyor of Taxes is satisfied that the taxpayer did not receive the taxation notice, or
(ii) the British Columbia Assessment Authority reports to the Surveyor of Taxes that there has been a change in address of the taxpayer, or
(b) to the new owner of a parcel of land if, on or before July 2 of the year the taxes are first levied, the British Columbia Assessment Authority reports to the Surveyor of Taxes that there has been a change in ownership of the parcel of land to which the notice relates. (1.11) Despite subsection (1), if a copy taxation notice is issued under subsection (1.1) in relation to taxes levied in a taxation notice mailed under

section 21 (2), the taxes levied are due and payable on the later of
(a) July 2 of the year the copy taxation notice is issued, and
(b) 38 days after the issue date of the copy taxation notice.

(1.2) For the purposes of a copy taxation notice issued under subsection (1.1),
(a) subsection (1) does not apply to the taxpayer,
(b) a reference in subsection (2) (a) to "a portion of the taxes referred to in subsection (1) remains unpaid on July 2 of the year they are first levied" is deemed to read "a portion of the taxes referred to in subsection (1.11) remains unpaid on the later of July 2 of the year the copy taxation notice is issued and 38 days after the issue date of the copy taxation notice", and
(c) a reference in subsections (2) (b) and (3) to "taxes referred to in subsection (1)" is deemed to read "taxes referred to in subsection (1.11)".

(2) Subject to subsection (5), if
(a) a portion of the taxes referred to in subsection (1) remains unpaid on July 2 of the year they are first levied, there must be added to them, as a penalty, 5% of the unpaid taxes, and
(b) a portion of taxes referred to in subsection (1) remains unpaid on October 31 of the year they are first levied, there must be added to them, as an additional penalty, a further 5% of the unpaid taxes
and the amount added under paragraph (a) or (b) is, for all purposes, deemed to be part of the taxes.

(3) If a portion of the taxes referred to in subsection (1), including penalties, remains unpaid on December 31 in the year they are first levied, they are deemed delinquent on that day, and after that day bear interest calculated at the rate and in the manner prescribed by the Lieutenant Governor in Council until paid or recovered. (4) Accrued interest is, for all purposes, deemed to be part of the delinquent taxes as if the accrued interest had originally formed part of the taxes.

(5) An owner of farm land may apply in writing on or before July 2 to the Surveyor of Taxes for an extension of the time for payment of the taxes levied on the property for the current year if the taxes levied on that property for all previous years in a taxation notice under this Act have been paid and the owner
(a) is producing seasonal crops or produce, and
(b) is unable to pay the taxes levied on the land for the current year on or before July 2 of that year.

(5.1) If the Surveyor of Taxes is satisfied that an owner of farm land who has made application under subsection (5) meets the requirements of that subsection, the Surveyor of Taxes must grant the owner an extension of time for payment to October 31 of the year in which the taxes are first levied. (5.2) If taxes remain unpaid after October 31 of the year referred to in subsection (5.1), a penalty of 10% of the unpaid taxes will be added to the amount of the unpaid taxes and the amount so added is, for all purposes, deemed to be part of the taxes.

(6) An application under subsection (5) may be made to the Surveyor of Taxes by electronic means or other format if that means or format is acceptable to the Surveyor of Taxes.

(7) If an application is made under subsection (5) and an extension of time is granted for a tax year under subsection (5.1),
(a) the application may be regarded by the Surveyor of Taxes as an application under subsection (5) for relief for subsequent tax years as well, and
(b) the facts asserted in the application may be regarded by the Surveyor of Taxes as correctly stating the circumstances of the owner of the land in the subsequent tax years without further verification unless the Surveyor of Taxes has reason to believe that those circumstances have changed.

(8) If an owner of farm land has made an application under subsection (5) and the circumstances stated in the application change, the owner must report that change of circumstances to the Surveyor of Taxes promptly. (9) If the Surveyor of Taxes has reason to believe that the circumstances of an owner of farm land have changed since that owner made an application under subsection (5), the Surveyor of Taxes may, by written notice to the owner, require that the owner
(a) make a new application under subsection (5), or
(b) pay the taxes levied in the taxation notice referred to in subsection (1) by the date referred to in that subsection. 12 (1) Taxes levied in a supplementary taxation notice mailed under

section 21 (7) or (8.2) are due and payable 38 days after the statement date on that notice.

(2) A penalty, calculated as follows, must be added to any portion of the taxes referred to in subsection (1) that remains unpaid after the due date:
(a) if the taxes were levied in respect of the taxation year in which the supplementary taxation notice is mailed and the due date is before October 31 of that year, the penalty equals the sum of
(i) 5% of the unpaid taxes, and
(ii) a further 5% of any portion of those taxes that remains unpaid on October 31 of that year;
(b) if the taxes were levied in respect of the taxation year in which the supplementary taxation notice is mailed and the due date is on or after October 31 of that year, the penalty equals 10% of the unpaid taxes;
(c) if the taxes were levied in respect of a taxation year before the year in which the supplementary taxation notice is mailed, the penalty equals 10% of the unpaid taxes.

Section 11 (3) and (4) applies in respect of taxes levied in a supplementary taxation notice, except that taxes referred to in subsection (2) (c) of this section that remain unpaid the day after the due date are deemed to be delinquent on that day. 13 (1) The Treasury Board may make regulations to authorize the Surveyor of Taxes or a local collector to receive deposits of money to be applied to taxes levied under this Act and to provide for the payment to the taxpayer of interest as prescribed. (a) to be paid under a regulation under this section, or
(b) as a refund of that part of a deposit in excess of tax payable,
may be paid out of the consolidated revenue fund.

14 (1) Taxes are payable at the office of the local collector appointed for the collection district in which they are due, or at a bank, credit union or trust company acceptable to the Surveyor of Taxes, and may be paid by cash, cheque, postal or express company money order or by electronic means in accordance with a regulation made under subsection (1.1). (1.1) For the purposes of subsection (1), the Surveyor of Taxes may make regulations respecting the manner in which payment of taxes by electronic means is to be made and, despite

section 57 (2) (e), may define any word or expression used in this section or the regulations under this section that is not defined in this Act. (2) Payment tendered by cheque or other order must be made payable to the Minister of Finance and the tax is deemed not to be paid, even if a receipt is given, until the amount of the cheque or order is received by the Minister of Finance. Part 2 — Taxation of Land and Improvements
15 (1) The following property is exempt from taxation:
(a) land and improvements in a municipality;
(b) land and improvements owned by a municipal corporation, except if held or occupied otherwise than by or on behalf of the municipality as provided in

section 28 of the Assessment Act;
(c) land consisting of a public road, way, highway or public square or park used exclusively for public purposes;
(d) every place of public worship;
(d.1) land used exclusively for a public cemetery, mausoleum or columbarium, not exceeding 2.023 ha;
(f) improvements consisting of buildings, fixtures and things erected on or affixed to land necessarily and actually used for agriculture, horticulture, poultry raising or stock raising, including a farmer's dwelling, that have been assessed on farm land;
(f.1) an owner's dwelling as defined in

section 23 (0.1) of the Assessment Act on land that is classified as a farm under section 23 (3.1) of that Act;
(g) land and improvements vested in or held by Her Majesty, or held in trust for Her Majesty in right of Canada or of British Columbia, or held in trust for the public uses of British Columbia;
(h) land and improvements vested in or held by Her Majesty in trust for a band of Indians, and either unoccupied, or occupied by a person in an official capacity or by the Indians;
(i) buildings with the land attached to them, not exceeding 4 046.8 m2, of a public library, or farmers', mechanics', women's, mining, literary or scientific institute or society, if they are used exclusively for the purposes of the library, institute or society;
(j) buildings with the land attached to them, not exceeding 8.094 ha, of an agricultural or horticultural society, if they are used exclusively for the purposes of agriculture or horticulture;
(k) buildings and land of a university, orphanage, public hospital, asylum or home for care of the sick, the aged and the infirm or of persons who have a mental or physical disability if the institution is supported in whole or in part by public donations, private charity or grants from the government, and the buildings and land are used exclusively for the purposes of the institution;
(l) Crown land held under a tree farm licence under the Forest Act, or held under an agreement with the government under the Forest Act, but only if both the land and the timber on it are subject to management by the licensee or holder for the purpose of growing continuously and perpetually, and harvesting, successive crops of forest products on a sustained yield basis;
(m) subject to subsection (2), improvements in a mine that are used for exploration or proving of the ore;
(n) tunnels and similar excavations of a mine;
(o) a building owned by an incorporated institution of learning that is regularly giving children instruction accepted as equivalent to that given in a public school, and that is actually occupied and wholly in use by the incorporated institution for the purpose of giving the instruction, together with
(i) the land on which the building stands, and
(ii) an area of the land surrounding the land referred to in subparagraph (i) or improvements on the area of land, or both, that are owned by the incorporated institution and that are reasonably necessary for the purposes of the incorporated institution, including, without limitation, the following areas of land and improvements:
(A) playing fields, athletic grounds and facilities, playgrounds and improvements related to any of them;
(B) storage, maintenance and administrative facilities;
(D) parking lots, walkways and roads;
(o.1) in relation to property exempt under paragraph (o), any area of land, surrounding the exempt property, that the minister, by order, may exempt;
(p) a building, including the land on which it actually stands, constructed or reconstructed with the assistance of aid granted and given by the government after January 1, 1947, and owned and used exclusively by a nonprofit corporation for providing homes for elderly citizens, and also an area of land surrounding the building determined by the minister;
(q) land and improvements if the land and improvements are
by a nonprofit organization for activities that are of demonstrable benefit to all members of the community where the land is located;
(r) sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminating equipment;
(s) to the extent established by subsection (3), land and improvements that were exempted for the 1996 taxation year under a pollution abatement provision, if
(i) the land and improvements were exempted under that provision for the 1996 taxation year on final determination under the Assessment Act, and
(A) for an exemption in relation to land only, the land continues to be exclusively or primarily used for the purpose of abating pollution,
(B) for an exemption in relation to improvements only, the improvements continue to be exclusively or primarily used for the purpose of abating pollution, or
(C) for an exemption in relation to land and improvements, the land and improvements continue to be exclusively or primarily used for the purpose of abating pollution;
(t) land and improvements for future hospital requirements, designated for the purpose of this section by the minister responsible for the administration of the Hospital Act, that are vested in or held by a nonprofit society or corporation that has, as one of its objects, the operation of a hospital;
(u) land held under a lease or licence issued under the Coal Act;
(v) land or improvements, or both, that are exempted by bylaw under

section 391 (3) or 392 (2) of the Local Government Act;
(w) land that is exempted by bylaw under

section 394 (2) of the Local Government Act;
(x) land or improvements, or both, that are exempted under

section 131 (6) or (8) of the School Act;
(y) land or improvements or both that are
(i) owned by or held in trust for a registered charity, or
(ii) occupied by a registered charity,
and
(iii) used primarily as a recreational camp;
(z) property that is exempted by regulation under

section 57 (2) (k) [property owned in part by Crown or Crown agent], to the extent of the exemption provided by the regulation. (2) The exemption in subsection (1) (m) does not extend to the improvements referred to in that subsection after any ore is mined or won.

(3) The amount of an exemption under subsection (1) (s) for a taxation year is limited to the portion of the assessed value of land and improvements that is the least of the following:
(a) the portion that the British Columbia Assessment Authority determines is attributable to the use of pollution abatement for that taxation year, subject to final determination under the Assessment Act;
(b) the portion that was exempted for pollution abatement purposes for the immediately preceding taxation year on final determination under the Assessment Act;
(c) the portion that was exempted for the 1996 taxation year on final determination under the Assessment Act. (4) Septic disposal systems are not exempt from taxation under this section.

"final determination under the Assessment Act" means a determination on the assessment roll for a taxation year, subject to any change that is finally determined under the Assessment Act by revised assessment roll, by supplementary assessment roll or on further appeal;
"pollution abatement provision" means

section 15 (1) (s) of this Act, section 339 (1) (q) of the Local Government Act or section 396 (1) (e.01) of the Vancouver Charter, as those provisions read before their repeal and replacement by the Budget Measures Implementation Act, 1997;
"recreational camp" means a camp that provides one or more of the following:
(c) rehabilitative or therapeutic experiences for persons with disabilities or chronic or life-threatening illness;
"registered charity" has the same meaning as in

section 248 (1) of the Income Tax Act (Canada). 16 A person must be taxed annually on the person's land and its improvements in the collection district where the land is located, and if a parcel of land is partly in one district and partly in another, the levy for that parcel must be made in the district where the greater part is located. 17 If a property is acquired by a person entitled to tax exemption or begins to be used for a purpose qualifying it for tax exemption, the exemption becomes effective in the taxation year following the year in which
18 (1) Subject to subsections (2) to (4), land and the improvements on it must be assessed and taxed in the name of the owner.

(2) If a statement verified by affidavit is provided to the assessor showing that a parcel of land and the improvements on it have been sold or leased by the owner to another person, the other person's name must be noted on the assessment roll, and a similar notice of the assessment must be sent to that other person as to the owner.

(3) After the notice referred to in subsection (2) has been sent, the taxes assessed in respect of the land and improvements referred to in that subsection may be recovered either from a person who is the owner or from a person who is the purchaser or tenant, or from a person who is the future owner, purchaser or tenant, saving the person's recourse against other persons but in the case of a sale, if the registered owner provides a statement to the assessor under this section showing that a deed of the land and improvements has been executed and delivered to the person who is the purchaser, the person who is the registered owner is not personally liable to pay taxes assessed after that for the land and improvements.

(a) land belonging to the Crown in right of British Columbia or Canada is held under a homestead entry, pre-emption record, lease, licence, agreement for sale, accepted application for purchase, easement or otherwise,
(b) land is held by Her Majesty in trust for a band of Indians and occupied by a person who is not an Indian in other than an official capacity, or
(c) land is assessed under

section 27 of the Assessment Act,
the land and its improvements must be assessed and the occupier taxed as if the occupier were the owner of the land and improvements but the assessment or taxation in no way affects the rights of Her Majesty in the land. (5) Despite subsection (4) and

section 2, if a person is an occupier of Crown property and
(a) donated it to the government,
(b) sold it to the government at a value that was, in the opinion of the Lieutenant Governor in Council, substantially less than its market value, or
(i) designated by a person who donated or sold the property to the government under paragraph (a) or (b), and
(ii) who does not pay rent or other valuable consideration in respect of that property to the person who donated or sold the property to the government under paragraph (a) or (b),
the person described in paragraph (a), (b) or (c) must not be taxed as an occupier under subsection (4) so long as the Lieutenant Governor in Council is satisfied that the person who is an occupier of Crown property qualifies under this section and the regulations.

19 The assessed value of land and improvements must be determined under the Assessment Act. "property class" means a class of property prescribed by the Lieutenant Governor in Council under

"variable tax rate system" means a system under which individual tax rates are determined and imposed for each property class. (2) The Lieutenant Governor in Council may make regulations for the taxation of land and improvements under this Act, including regulations prescribing
(b) relationships between tax rates,
(c) formulas for calculating the relationships referred to in paragraph (b), and
(d) different tax rates for different areas. (3) If the Lieutenant Governor in Council prescribes tax rates under subsection (2) (a), the Lieutenant Governor in Council must adopt a variable tax rate system.

(4) If the tax imposed on a parcel of land under subsection (2) is less than $1, the parcel must be taxed $1, and the collector must place that sum on the taxation roll. 21 (0.1) In this section, "taxing authority" means an entity that is authorized under an enactment to receive revenue from taxes imposed or collected for it by the Surveyor of Taxes. (1) The Surveyor of Taxes must prepare a taxation roll that sets out the information in the form that the minister may prescribe for each parcel of land on which taxes are imposed or levied under this Act, or under another Act that provides for collection of taxes under this Act.

(2) On completion of the taxation roll, the Surveyor of Taxes must mail to every person named in it, on or before May 31 in every year, a taxation notice in a form and containing the prescribed information, if any, and the information that the Surveyor of Taxes considers appropriate. (3) Despite subsection (2), the Surveyor of Taxes may, with the written agreement of a taxpayer,
(a) send a taxation notice to the taxpayer, and
(b) provide the information required to be contained in a taxation notice,
other than by mail, including by means of electronic information storage and electronic data transmission. (4) The taxation notice must be directed to the last known assessed owner.

(5) Taxes levied and collected under this Act must, except as otherwise provided, be calculated, levied and accounted for by the Surveyor of Taxes on the assessed values entered in the revised assessment roll and as amended by a supplementary assessment roll that is prepared under the Assessment Act and is provided to the Surveyor of Taxes before the calculation of the tax levy. (6) Subject to subsection (7), the duties imposed on the Surveyor of Taxes as to the annual taxation roll and all provisions of this Act on taxation rolls apply to supplementary taxation rolls.

(7) Unless a supplementary assessment roll has been incorporated into the taxation roll for the purposes of subsection (5) or under subsection (8), the Surveyor of Taxes must mail to every person named on the supplementary taxation roll a supplementary taxation notice. (8) If, before or after a taxation roll is completed and before a taxation notice is mailed under subsection (2), a supplementary assessment roll is prepared under the Assessment Act, the Surveyor of Taxes may incorporate the supplementary assessment roll into the taxation roll and may issue to each person named in the taxation roll a single tax notice reflecting any information that was contained in the supplementary assessment roll.

(8.1) If, on or before December 31 of the calendar year for which a taxation roll has been completed, the Surveyor of Taxes finds that an incorrect amount of taxes was levied as a result of
(a) an error in an entry on the taxation roll in relation to a parcel of land that is caused by incorrectly
(i) identifying a taxing authority,
(ii) including the parcel or another parcel of land in a particular area, or
(iii) excluding the parcel or another parcel of land from a particular area, or
(b) an error in the preparation of the taxation roll by a person who is employed in, or retained under a contract to perform services for, the ministry,
the Surveyor of Taxes may prepare a supplementary taxation roll correcting the error.

(8.2) If a supplementary taxation roll is prepared under subsection (8.1), the Surveyor of Taxes must, on or before December 31 of the year following the calendar year for which the supplementary taxation roll was prepared, mail to every person named on the supplementary taxation roll a supplementary taxation notice. (9) Despite subsections (2), (3), (7), (8) and (8.2) and

section 11 (1.1), the Surveyor of Taxes may decline to send a taxation notice, a supplementary taxation notice or a copy taxation notice for a calendar year to a person if the total amount of taxes payable for the calendar year as shown on the notice is less than the prescribed amount. (10) Subject to the regulations, the Surveyor of Taxes must include with a taxation notice, mailed or otherwise sent to a taxpayer in accordance with this section, an application for a grant under the Home Owner Grant Act.

21.1 (1) In this section, "aggregate fee" means an amount the minister considers sufficient to cover
(a) the costs and outlays of the assessment and collection of the taxes to be collected in accordance with this Act under the authority of the Acts specified under subsection (2),
(b) interest on any money paid in advance of collection of those taxes, and
(c) losses through failure of collection of those taxes. (2) The Surveyor of Taxes may add an aggregate fee to the amount to be collected under this Act, levied under any of the following:
(b)

section 25 or Part 7 of the South Coast British Columbia Transportation Authority Act;
(d)

section 4 of the University Endowment Land Act;
(3) The Surveyor of Taxes may impose the amounts to be collected in accordance with this Act under an enactment specified in subsection (2) at rates that combine the rate or amount authorized under the enactment and the aggregate fee. (4) Subject to subsection (5), the amount of an aggregate fee added under subsection (2) is deemed to be taxes for the purposes of this Act and the provisions of this Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply in respect of the aggregate fee.

(5) Despite any provision of an enactment referred to in subsection (2), aggregate fees under this section must be deducted from the amounts collected as taxes and retained to cover
(a) the costs and outlays of assessment and collection of taxes in rural areas,
22 The taxation roll must be placed in the office of the collector of the district, or in another place the minister may direct, and the roll must be open for inspection by the public during office hours. 24 (1) Except as provided in subsection (2), no person has a right of action or other remedy against the government for the recovery of money paid as taxes by mistake.

(2) A person who has paid money as taxes may apply to the minister for a refund of the amount of money paid as taxes by mistake if
(a) the entry on the assessment roll on which the taxes were based is set aside, altered or quashed as a result of
(i) a complaint or appeal made under the Assessment Act, or
(ii) a proceeding by way of judicial review that is commenced within
(A) 30 days after the date the assessment notice was issued, or
(B) 21 days after the date the person received the property assessment appeal board's decision on the entry,
(b) the amount paid was more than the amount levied, or
(c) as a result of a clerical or arithmetical error, more than the correct amount of taxes was levied.

(3) If the minister is satisfied that an applicant is eligible under subsections (2) and (5), the minister must refund from the consolidated revenue fund the amount of money paid as taxes by mistake. (4) The minister may remit taxes
(a) in the circumstances described in subsection (2) (a) or (c), or
(b) if, as a result of an error or omission by the assessor, more than the correct amount of taxes was levied and the minister is satisfied that the person liable for the taxes
(i) has not received the assessment notice, and
(ii) has advised the Surveyor of Taxes of the error or omission within 30 days after the date the person first knew or reasonably ought to have known of the error or omission.

(5) No person may apply for a refund under subsection (2) (b) or (c) or for a remission under subsection (4) more than 6 years after the taxes were due. (6) If taxes imposed under this Act are due or accruing due from a taxpayer to whom an amount is to be refunded under this section, all or part of the amount may, in the minister's discretion, be refunded by being applied as a credit on account of the taxes due or accruing due.

24.1 (1) If an appeal is made under the Assessment Act, the giving of a notice of appeal or a delay in the hearing of the appeal does not affect the due date, the delinquency date, the interest or penalty or any liability for payment provided by this Act in respect of tax levied on the assessed value that is the subject of the appeal. (2) If an assessment is set aside or the assessed value reduced on appeal under the Assessment Act, the minister must refund to the taxpayer on completion of the action the tax or excess tax paid by the taxpayer, and any interest or penalty imposed or paid on the tax or arrears.

29 (1) Except as otherwise provided in this Act, a taxpayer is personally liable to pay all taxes for which the taxpayer is assessed. (2) A person is not personally liable to pay taxes for a calendar year if the Surveyor of Taxes has declined under

section 21 (9) to send a taxation notice, a supplementary taxation notice or a copy taxation notice to the person in respect of the taxes payable for the calendar year. 30 (1) Taxes assessed or imposed and due for land and improvements under this Act, or any property subject to taxation under another Act, form a lien and charge in favour of the government on the entire property taxed. (2) A lien or charge created by subsection (1) has priority over every other lien, charge or encumbrance on the property.

(3) The lien or charge created by subsection (1) and its priority is not lost or impaired by
(a) any neglect, omission or error of the collector or of an agent or officer,
(b) taking or failing to take proceedings to recover the taxes due,
(c) tender or acceptance of partial payment of the taxes, or
(d) registration or want of registration. (4) If the collector considers it appropriate to do so, the collector may register the lien or charge created by subsection (1) by registering a lien form against the property in the appropriate land title office in the same manner as a charge is registered under the Land Title Act.

(a) the property for which taxes are assessed or imposed is Crown land held by an occupier, and
(b) the taxes on the property are delinquent,
the collector may register in the personal property registry under the Miscellaneous Registrations Act, 1992 a claim respecting the personal property of the occupier. (2) A claim registered under subsection (1) creates a lien and charge in favour of the government against the personal property of the occupier for the amount of the delinquent taxes and any current year taxes that are due and payable.

(3) A lien or charge created under subsection (2) has priority over all other claims of every person except claims secured by liens, charges or encumbrances registered before the date that the claim is registered under subsection (1).

(4) A lien or charge under subsection (2) and its priority are not lost or impaired by
(b) taking or failing to take proceedings to recover the taxes due, or
31 (1) A sale or transfer of possession of any property or personal property that is subject to a lien or charge in favour of the government does not affect the right of distress or sale of that property or personal property for the recovery of the taxes under this Act. (2) A person who acquires any property against which a lien under

section 30 exists is jointly liable with the owner originally assessed for payment of the taxes. 32 If property is sold, the amount of the tax lien under

section 30 for unpaid taxes constitutes a first charge on the proceeds of sale. 33 (1) Before taking proceedings for the recovery of taxes under this Act, the collector must notify the taxpayer of the collector's intention to enforce payment. (2) The notice may be given by letter mailed to the taxpayer's address as last known to the collector, or by a general or special advertisement in the Gazette or in a newspaper of general circulation published in British Columbia. (3) Failure to give the notice required by this section does not affect the validity of proceedings taken for the recovery of taxes under this Act.

34 (1) Taxes that are due may be recovered by action in any court as a debt due to the government, and the court may order costs in favour of or against the government. (2) A copy of the part of the taxation roll that relates to the taxes sought to be recovered, purporting to be certified by the collector as a true copy, is admissible in all courts as evidence of the debt.

35 (1) If the collector knows or suspects that a person is or is about to become indebted or liable to make a payment to a taxpayer, the collector may demand that that person pay all or part of the money otherwise payable to the taxpayer to the collector on account of the taxpayer's liability under this Act.

(2) Without limiting subsection (1), if the collector knows or suspects that a person is about to advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by a taxpayer, the collector may demand that that person pay to the collector on account of the taxpayer's liability under this Act the money that would otherwise be so advanced or paid.

(2.1) A demand under this section may be served by
(3) If under this section the collector demands that a person pay to the collector, on account of the liability under this Act of a taxpayer, money otherwise payable by that person to the taxpayer as interest, rent, remuneration, a dividend, an annuity or other periodic payment, the demand
(a) applies to all of those payments to be made by the person to the taxpayer until the liability under this Act is satisfied, and
(b) operates to require payments to the collector out of each payment of the amount stipulated by the collector in the demand.

(a) on deposit to the credit of a taxpayer at the time a demand is served, or
(b) deposited to the credit of a taxpayer after a demand is served
is money for which the savings institution is indebted to the taxpayer within the meaning of this section, but money on deposit or deposited to the credit of a taxpayer as described in paragraph (a) or (b) does not include money on deposit or deposited to the credit of a taxpayer in the taxpayer's capacity as a trustee. (5) A demand under this section continues in effect until
(b) 90 days after the demand is served,
whichever is earlier.

(6) Despite subsection (5), if a demand is made in respect of a periodic payment referred to in subsection (3), the demand continues in effect until it is satisfied unless no periodic payment is made or is liable to be made within 90 days after the demand is served, in which case the demand ceases to have effect on the expiration of that period. (7) A person who fails to comply with a demand under subsection (1) or (3) is liable to pay to the government an amount equal to the amount that the person was required under subsection (1) or (3), as the case may be, to pay to the collector.

(8) A person who fails to comply with a demand under subsection (2) is liable to pay to the government an amount equal to the lesser of
(b) the amount that the person was required under subsection (2) to pay to the collector. (9) The receipt of the collector for money paid under this section is a good and sufficient discharge of the original liability to the extent of the payment. (10) Money paid by any person to the collector in compliance with a demand under this section is deemed to have been paid by that person to the taxpayer.

(11) If a person carries on business under a name or style other than the person's own name, the demand under subsection (1), (2) or (3) may be addressed to the name or style under which the person carries on business and, in the case of personal service, is deemed to have been validly served if it was left with an adult person employed at the place of business of the addressee.

(12) If persons carry on business in partnership, the demand under subsection (1), (2) or (3) may be addressed to the partnership name and, in the case of personal service, is deemed to have been validly served if it was served on one of the partners or left with an adult person employed at the place of business of the partnership.

36 (1) A collector may, directly or by a sheriff as agent, levy taxes due, with costs payable as between landlord and tenant, by distress, of
(a) the property for which the taxes were assessed or imposed, the personal property of the person liable to pay the taxes, or personal property in that person's possession, wherever they are found in British Columbia, or
(b) personal property found on the premises of the person liable to pay the taxes that is owned by or in the possession of another occupant of the premises and that would be subject to distress for arrears of rent due to a landlord.

(2) If distress is made for recovery of taxes, the collector must, by advertisement posted in at least 3 conspicuous public places in the area where the sale of the property distrained is to be made, give at least 10 days' public notice of the time and place of the sale and the name of the taxpayer whose property is to be sold; and at the time named in the notice the collector or the collector's agent must sell at public auction the property distrained, or so much as is necessary.

(3) If the property distrained is sold for more than the taxes and costs and no claim to the surplus is made by another person, on the ground that the property sold belonged to the other person or that the other person was entitled by lien or other right to the surplus, the surplus must be paid to the person in whose possession the property was when the distress was made and that person's receipt taken. (4) If a claim is made by the person for whose taxes the property was distrained, and the claim is admitted, the surplus must be paid to the claimant and the claimant's receipt taken.

(5) If the claim is contested, the surplus must be retained by the collector until the rights of the parties have been determined by action at law or otherwise. 37 (1) Despite other action taken under this Part, if payment is not made of taxes due and payable under this Act, the Surveyor of Taxes may issue a certificate stating
(a) the description of the property taxed,
(b) the amount of due or delinquent taxes remaining unpaid, including interest and penalty,
(c) the years for which the tax is owing, and
(d) the name of the owner, occupier or other person liable for payment.

(2) The Surveyor of Taxes may file the certificate with any district registrar of the Supreme Court, and the filed certificate has the same effect and all proceedings may be taken on it as if it were a judgment of the court for recovery of a simple contract debt of the amount stated in the certificate against the person or persons named in it. 38 Unless there is a special agreement to the contrary between a tenant or occupant and a landlord,
(a) a tenant may deduct, from the tenant's rent, taxes paid by the tenant, and
(b) an occupant may deduct, from the occupant's rent, taxes paid by the occupant,
if those taxes could also have been recovered from the landlord or previous tenant or occupant.

section 40, "notice" means notice given under and in accordance with this section or the regulations. (2) Despite any other action for the recovery of taxes under this Act, if any taxes for a calendar year remain unpaid until the end of November of the second year after that calendar year, the property in respect of which the taxes remain unpaid is, subject to subsections (3) and (4), absolutely forfeited to and vested in the government clear of all charges other than those set out in

section 276 (2) of the Land Title Act. (3) Property does not forfeit under subsection (2) until the Surveyor of Taxes gives notice to the owner of the property and to each registered charge holder who may be affected and, for the purposes of that subsection, if notice has been given, the date on which property forfeits is, for nonpayment of taxes for a calendar year, the later of
(a) December 1 of the second year after that calendar year, and
(b) the 40th day after the date on which the notice was given.

(4) If any taxes for a calendar year remain unpaid on December 1 of the first year after that calendar year, the payment of those taxes does not prevent forfeiture unless the payment
(a) includes all taxes then due and payable, costs and fees, and
(b) is made before forfeiture occurs under this section. (5) Properties forfeited under this section must be administered by the minister responsible for the administration of the Land Act or another minister designated by the Lieutenant Governor in Council under this subsection for all or particular properties.

(a) that the property is subject to forfeiture under this section,
(b) the amount of all taxes, costs and fees that are due and payable to the date of the notice,
(c) the date on which the property forfeits,
(d) the right to prevent forfeiture by payment under this section, and
(e) that on forfeiture under this section, the property will vest in the government clear of all charges other than those set out in

section 276 (2) of the Land Title Act. (7) The notice must be given by
(a) mailing it to the person entitled to it at that person's last known address or to the address of that person that is specified in the records of the land title office, or
(b) publishing it in the Gazette and in at least one newspaper of general circulation in British Columbia and one newspaper of general circulation in or nearest the area in which the property is located. 40 (1) In this section, "interested person" in relation to property means a person who under

section 39 (3) received or was entitled to receive notice respecting the property and includes a person acting on the person's behalf.

(2) Property that has been forfeited under this Act for nonpayment of taxes vests in the person from whom it was forfeited on an interested person paying, at any time during the first year after the forfeiture, the sum of the following:
(b) the total amount of taxes owing to the government in respect of the property at the date of forfeiture;
(c) the taxes that at the date of payment would have been payable but for the forfeiture;
(d) any costs incurred by the minister responsible for the administration of the Land Act after the date of forfeiture
(i) for maintaining or improving the property, or
(ii) for cleaning up or remedying any contamination of the property by hazardous substances, including costs incurred in connection with mitigating a threat to the environment or to the health of a person as a result of that contamination.

(3) When property vests under subsection (2) in the person from whom it was forfeited, any charge that was cleared from the title to the property under

section 39 (2) is reinstated in accordance with the priorities existing immediately before forfeiture. (4) At any time during the second and third years after property has been forfeited under this Act for nonpayment of taxes, an interested person may on payment of the prescribed fee apply to the Surveyor of Taxes for an order under subsection (5).

(5) The Surveyor of Taxes may, if the Surveyor of Taxes considers it just and equitable and on terms the Surveyor of Taxes considers appropriate, order that
(a) the property be vested in the person from whom it was forfeited, on payment by the applicant of
(i) the total amount owing at the date of forfeiture,
(ii) the taxes that would have been payable but for the forfeiture, and
(iii) any costs incurred in connection with the property by the minister responsible for the administration of the Land Act after the date of forfeiture for anything referred to in subsection (2) (d), and
(b) any charge that was cleared from the title to the property under

section 39 (2) be reinstated in accordance with the priorities existing immediately before forfeiture. 41 (1) An order under

section 40 (5) affecting title to land, or a copy of it certified by the Surveyor of Taxes, accompanied by an application for the registration of the order under the Land Title Act, on compliance with that Act, is sufficient authority for the registrar of the land title office to act in pursuance of the order. (2) The certificate of the Surveyor of Taxes that the requirements of

section 40 (2) have been satisfied respecting property described in the certificate, accompanied by an appropriate application for registration under the Land Title Act, on compliance with that Act, is sufficient authority for the registrar of the land title office to record the changes to title made under that section.

42 (1) The collector must not sell property if the fee simple is in the government, but if taxes are delinquent for property so held by the government, the collector must make a final demand by notice mailed to a person who is a lessee, licensee, purchaser or other person in whose favour a lease, licence, agreement for sale, notice of acceptance of application to purchase or other record for the property has been made or issued, giving the person 3 months from the day on which the notice is mailed to pay the delinquent taxes, and giving that person notice that, if the delinquent taxes are not paid within the period, the lease, licence, agreement for sale, notice of acceptance of application to purchase or other record may be cancelled.

(2) In default of payment by the taxpayer of the delinquent taxes, plus the current year's taxes, within the 3 months, the collector must forward to the minister who issued tenure a statement of the fact of the default, the property for which it has taken place and the name of the defaulting taxpayer. (3) The minister who issued tenure must by notice in writing begin cancellation proceedings under the Land Act or other applicable enactment, for cancellation of the lease, licence, agreement for sale, notice of acceptance of application to purchase or other record for the property.

(4) If it is shown to the satisfaction of the minister who issued tenure that the defaulting taxpayer by reason of poverty, sickness or other sufficient cause has been unable to pay the amount due in the time limited for payment in the notice under subsection (3), that minister may extend the time for payment for a further 3 months before the cancellation becomes effective. (5) On cancellation of the tenure, the minister who issued tenure must notify the collector and assessor of the cancellation.

44 (1) In the case of a property that has been Crown granted under the Mineral Tenure Act, under an ordinance or Act affecting precious or base minerals, or under the Land Act or another statute providing for granting of land by the government, if the property so granted has become forfeited to and vested in the government under this Part and has not been sold or leased under this Part, and it is for any reason inconvenient and inadvisable to deal with the property under this Part, the Lieutenant Governor in Council may direct the Surveyor General to cancel the survey, field notes and official plan of survey of the property forfeited, and the property is then for all purposes deemed to be Crown land of British Columbia within the meaning of the Land Act, and that Act applies to that land and to its sale, lease or other alienation as if no grant of the land had ever been issued.

(2) The Surveyor General, when directed, must by notice in the Gazette cancel the survey, field notes and official plan of survey of the property forfeited, and must forward for registration a notice of the cancellation to the registrar of the land title district in which the land is located. 45 If land for which taxes are due to the government has been included in a municipality, or within an extension of it, the collector has the powers for recovery of the taxes by action in court, by distress and by sale of property, conferred by this Act, as if the land had not been included in the municipality.

46 The powers conferred by this Part for recovery of taxes by court proceedings, distress, cancellation of tenure and forfeiture may be exercised separately, concurrently or cumulatively. (a) the request of the collector, and
(b) satisfactory evidence being produced to the assessor that a parcel of land for which taxes are due has been subdivided by a plan of subdivision registered in the land title office,
the assessor must provide to the collector an apportionment of the land and improvement assessed values between the separate parts of the subdivided parcel shown on the plan.

(2) The collector may apportion the taxes to the separate parcels, receive payment of the taxes so apportioned for part of the subdivided parcel or for the part of the other parcel sold and conveyed, and leave the remainder of the subdivided parcel or other parcel chargeable with the remainder of the taxes due. 48 (1) The collector must give on demand, to a person making an application, a written statement of the taxes, penalty and interest outstanding or a statement that no taxes are outstanding, as the case may be, at that date and the collector may charge for a search and written statement a fee that is established under the regulations.

(2) The collector must not charge a person for a search if taxes found to be owing are paid promptly. 49 (1) If taxes on land with timber in commercial quantities on it, from which the timber is being cut or removed, have become delinquent, the collector may make an order in writing, one copy of which must be served on the taxpayer or on the person by whom the timber is being cut or removed, and another copy of which must be posted in a conspicuous position on the land, prohibiting the cutting and removal of timber from that land until the delinquent taxes have been paid in full.

(2) If an order has been made under this section, a person who, while the delinquent taxes or a part of them remain unpaid, cuts or removes timber from the land for which the order is made commits an offence. Part 6 — Administration of Act
50 For the purposes of this Act, the Lieutenant Governor in Council may divide British Columbia into collection districts, define their boundaries, group or subdivide them for their better administration, alter their boundaries and create new districts. 51 A Surveyor of Taxes, collectors and deputies of the collection districts as are considered necessary for the administration of this Act must be appointed under the Public Service Act as officers of the minister's ministry.

52 (1) The Surveyor of Taxes, under the direction of the minister, is charged with the administration and enforcement of this Act. (2) The Surveyor of Taxes has and may exercise all the power conferred on a collector under this Act. 53 Collectors must obey ministerial rules and regulations that are issued for the purposes of this Act. 55 If the collector for a district neglects or refuses to perform the collector's duties, another collector designated by the Surveyor of Taxes or a collector appointed temporarily for the purpose must, until the appointment of a new collector, perform those duties and must certify on the taxation roll the name of the delinquent collector and, if known, the cause of the delinquency.

56 A collector commits an offence and is liable to the penalties under the Offence Act if the collector, acting under this Act, does any of the following:
(a) makes an unjust or fraudulent levy and collection;
(b) wilfully and fraudulently inserts in the taxation roll the name of a person who should not be entered;
(c) omits the name of a person who should be entered;
(d) wilfully omits to perform a duty required of the collector by this Act. 57 (1) The Lieutenant Governor in Council may make regulations referred to in

(a) vesting in the Surveyor of Taxes powers and rights to enable the Surveyor of Taxes to carry out

section 39, and administer the regulations effectively;
(a.1) prescribing an enactment for the purposes of

section 3 (5) (k);
(b) prescribing fees to be paid for property that becomes subject to

section 21 (9);
(d) respecting appeals to the minister from orders and directions of the Surveyor of Taxes;
(e) defining any word or expression used in this Act or the regulations that is not defined in this Act;
(f) enlarging, extending or altering times or dates as the Lieutenant Governor in Council sees fit and changing practice, procedure or method if
(i) the time limited for an act or step is insufficient,
(ii) the act or step has not been taken,
(iii) it appears to the Lieutenant Governor in Council that an alteration in dates is necessary or desirable,
(iv) a proceeding under this Act has been taken and failed,
(v) in the opinion of the Lieutenant Governor in Council, an ambiguity or difficulty arises in the construction or application of this Act, or
(vi) any change of practice, procedure or method is considered desirable;
(g) respecting matters for which no express, or only partial or imperfect, provision has been made;
(h) establishing the fees and methods of determining the fees that may be charged under

(k) providing, subject to any conditions or limitations established by the regulation, a partial tax exemption
(i) for specified property that is vested in
(A) one or more of Her Majesty in right of British Columbia, Her Majesty in right of Canada and an agent of Her Majesty, and
(B) one or more persons who are not Her Majesty or agents of Her Majesty
as tenants in common, or
(ii) for property vested as referred to in subparagraph (i) that is of a class established by the regulation,
that is in proportion to the sum of the fractions representing the registered fractional interests of Her Majesty and Her Majesty's agents, as applicable, in the property;
(l) for the purposes of

section 21 (2) and (10), respecting the information that must be included in or with a taxation notice. 58 (1) If an act, matter or thing required by this Act to be made, performed or done by the collector, or other officer appointed to carry out this Act, at or within a fixed time cannot be or is not so made, performed or done, the Lieutenant Governor in Council may, by order, appoint a further or other time for making, performing or doing it, whether or not the time in which it ought to have been made, performed or done has elapsed or expired.

(2) An act, matter or thing made, performed or done in the time specified by the order in council is as valid as if it had been made, performed or done in the time set by this Act. Copyright © King's Printer, Victoria, British Columbia, Canada

section 45 (1) (b):
(a) any land that becomes an arterial highway under

section 44.1;
(b) any land, improvement or highway that
(i) is designated as an arterial highway under

section 56 (2) (a);
means the BC Transportation Financing Authority continued under

"concession agreement" has the same meaning as in the Transportation Investment Act;
"concession highway" has the same meaning as in the Transportation Investment Act;
"concessionaire" has the same meaning as in the Transportation Investment Act;
"controlled access highway" means a highway designated as a controlled access highway under

"documented item" means a thing that has been seized under this Act if
(a) a record of the Insurance Corporation of British Columbia identifies the owner of the thing, or
(b) there is, in the personal property registry or in or on the thing, evidence identifying the owner of the thing or a person who holds an interest in the thing;
"ferry" means any vessel
(a) by which individuals or goods may be transported over water, and
(b) that is part of the provincial public highway system,
(c) a ferry to which the Coastal Ferry Act applies, or
(d) a ferry that is part of the regional transportation system as defined in the South Coast British Columbia Transportation Authority Act;
"furnish" means furnish in accordance with

section 82;
"highway" means a public street, road, trail, lane, bridge, trestle, tunnel, ferry landing, ferry approach, any other public way or any other land or improvement that becomes or has become a highway by any of the following:
(a) deposit of a subdivision, reference or explanatory plan in a land title office under

(b) a public expenditure to which

(c) a common law dedication made by the government or any other person;
(d) declaration, by notice in the Gazette, made before December 24, 1987;
(e) in the case of a road, colouring, outlining or designating the road on a record in such a way that

(f) an order under

(g) any other prescribed means;
"improvement" includes a structure or work;
"municipal highway" means a highway within a municipality that is not an arterial highway;
(a) the corporation into which the residents of an area are incorporated as a municipality under Part 2 of the Local Government Act, under the Vancouver Charter or under any other Act, or
"personal property registry" means the registry referred to in

section 42 of the Personal Property Security Act;
"provincial public highway" means any highway that is a rural highway, an arterial highway or a highway referred to in

section 35 (2) (f) of the Community Charter;
"provincial public undertaking" means any improvement or other work of public utility that relates to transportation, including, without limitation,
(b) provincial public highways,
(c) hydraulic powers created by the construction of highways or works of public utility, and
(d) canals, ditches, drains, drainage, irrigation works and earthworks required for the planning, design, acquisition, holding, construction, use, operation, upgrading, alteration, expansion, extension, maintenance, repair, rehabilitation, protection, removal, discontinuance, closure and disposal of highways and public works;
"regional district" has the same meaning as in the Local Government Act;
"rural highway" means a highway that is not within a municipality;
"scenic highway" means a highway designated as a scenic highway under

"terminal" means the buildings, fixtures, docks, wharves, ramps, landings, approaches, ways, offices and other improvements and facilities, other than land or a ferry, necessary for or incidental to the operation of ferry, shipping and related services;
"transit system" means a system for the transportation of passengers and goods and any works or undertakings ancillary to the system, including, without limiting the ancillary works or undertakings,
(a) links to private or public transportation services, including stops, stands, lanes, loops and parking for buses and taxis,
(c) areas in stations for the provision of services and amenities to passengers,
(e) walkways, overpasses and other means of ingress to and egress from stations and vehicles,
(f) undertakings for the relocation, enhancement and upgrading of utility services and related poles, wires, pipes and apparatus,
(g) adjacent roadway enhancements,
(h) power distribution systems, and
(i) operating facilities and facilities for storage, maintenance and repair of vehicles, parts, signage and related items;
"transportation" includes transportation by land, water or air;
"undocumented item" means a thing that has been seized under this Act if
(a) there is no record of ownership of the thing in the records of the Insurance Corporation of British Columbia,
(b) there is no evidence in the personal property registry of the ownership of the thing or of any interest held in the thing, and
(c) there is not, in or on the thing, any evidence of the identity of the owner of the thing or of any person who may have an interest in the thing;
"vehicle" has the same meaning as in the Motor Vehicle Act, and, in Division 3 of Part 5 of this Act, includes a disabled vehicle.

Part 2 — Powers of The Minister
2 (1) Without limiting any other rights, powers or advantages of the minister under this or any other enactment, the minister may do whatever is or may be necessary to do any or all of the following:
(a) plan, design, acquire, hold, construct in any manner and in any place the minister considers appropriate, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate, protect, remove, discontinue, close and dispose of provincial public undertakings and related improvements;
(b) acquire, carry on or dispose of any business or commercial or industrial enterprise that relates to transportation;
(c) grant franchises and licences, and enter into agreements, to operate any ferry services on terms and conditions set by the minister, including, without limitation,
(i) terms and conditions respecting fares or rates that may be charged for those services, and
(ii) authorizing one or more providers of ferry services to charge and retain fares or rates;
(d) make grants and contributions;
(e) enter into arrangements or agreements, including, without limitation, arrangements or agreements for the exchange of information, or for the payment or sharing of the cost of anything related to provincial public undertakings or to transportation, with any person, including, without limitation, any of the following:
(i) the government of Canada, the government of a province or territory within Canada or the government of a jurisdiction outside of Canada, or an agent, agency, department or official of any of those governments;
(ii) a local government body, educational body or health care body, as those terms are defined in the Freedom of Information and Protection of Privacy Act;
(iv) any other body prescribed by regulation as a public authority for the purposes of one or more provisions of this Act;
(f) name and rename provincial public highways.

(2) If the minister changes the name of a provincial public highway, the minister must publish notice of the change in the prescribed manner. Division 2 — Contracting for Transportation Related Projects
3 Without limiting any other power the minister has under this or any other enactment, the minister may enter into contracts for, or otherwise provide for the carrying out of, any activity or service relating to transportation, including, without limitation, the planning, design, acquisition, holding, construction, use, operation, upgrading, alteration, expansion, extension, maintenance, repair, rehabilitation, protection, removal, closure and disposition of provincial public undertakings and related improvements.

4 (1) Before awarding a contract to any person in relation to the construction or repair of a provincial public highway, the minister must invite tenders in any manner that will make the invitation for tenders reasonably available to the public.

(2) The minister need not invite tenders for a project referred to in subsection (1) if
(a) delay would be injurious to the public interest,
(b) the project is to be carried out by officers or employees of the government,
(c) the minister believes that an alternative contracting process will result in a competitively established cost for the project,
(d) the project must be completed to meet a condition of or other requirement for subdivision approval, whether completion of the project precedes or follows that approval,
(e) the project must be completed to meet a condition imposed
(i) by the minister in relation to an authorization under

section 52 (2),
(iii) by the minister in relation to an approval of a bylaw under

(iv) by the minister in relation to an approval of a site plan under

section 505 of the Local Government Act, or
(f) the minister is, in relation to the project, relieved from that obligation by order of the Lieutenant Governor in Council. (3) For each tender received in response to an invitation for tenders under subsection (1), the minister must cause the tender price and the name of the person tendering to be published in any manner set out in the invitation to tender. (4) For each contract awarded in the circumstances described in subsection (2) (c), the minister must make available to any person, on request, the name of the person to whom the contract is awarded and the price of the contract.

(5) If, in the case of any project in relation to which the minister must, under subsection (1), invite tenders, the minister believes that it is not expedient to award the project to the lowest tenderer, the minister must report to and obtain the approval of the Lieutenant Governor in Council before passing by the lowest tender, unless delay would be injurious to the public interest. 5 (1) If any project referred to in

section 4 (1) is to be performed under a contract awarded under this Division,
(a) the minister may require that security be provided
(ii) in the form and amount the minister believes will provide reasonable assurance that the project will be completed in the manner and within the time specified in the contract,
(b) the contract must be signed by all parties to it before any money is paid, or any work is performed, under the contract, and
(c) unless the contract provides otherwise, the security, if any, referred to in paragraph (a) of this subsection must be provided before any money is paid, or any work is performed, under the contract.

(2) The minister may, at any time, release or surrender all or part of any security provided under subsection (1) (a). 6 (1) If the minister enters into a contract under

section 3, a provision in that contract that stipulates a drawback, penalty or amount of liquidated damages for failing to perform, fulfill or comply with a term, condition, covenant or promise of the contract must not be construed as punitive, but as importing by mutual consent an assessment of the damages that would be caused by the failure. (2) If a claim is made under a contract entered into under

section 3,
(a) no compensation is payable to the claimant if the claim is founded on the ground that the cost to the claimant of performing the contract was greater than the contract price, and
(b) no interest is payable on any money awarded or paid in response to the claim unless the contract in relation to which the claim is made expressly provides for payment of such interest.

Division 3 — Dealings with Land
8 (1) Without limiting Division 4, the minister may, without consent, for any of the purposes in subsection (2) of this section,
(a) enter, remain on and use land, and
(b) do one or more of the following:
(i) take possession of or use timber, stone, gravel, sand, clay and other materials on the land;
(ii) place or store anything on the land;
(iii) construct temporary roads or improvements;
(iv) provide, remove or repair access from the land to a provincial public undertaking and, for that purpose, take possession of, use or move anything on the land.

(2) The minister may exercise the rights, powers and advantages granted under subsection (1) to
(a) acquire, hold, construct, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate or protect any improvement or other work of public utility, including, without limitation, improvements or works referred to in paragraphs (a) to (d) of the definition of "provincial public undertaking" in

section 1,
(b) remove, discontinue, close or dispose of a provincial public undertaking,
(c) protect any animal, bird, fish or plant species or habitat, or the environment, from the effects of a provincial public undertaking, or
(d) carry out work connected with planning or designing a provincial public undertaking. 9 (1) Except as provided in subsection (4), the Expropriation Act does not apply to an entry on land under

section 8 of this Act or to any other activity undertaken by the minister under section 8. (2) Subject to subsection (5) of this section, if any entry or other activity of the minister under

section 8 causes any damage, the minister must
(b) if the minister chooses not to remedy the damage, pay compensation for the damage. (3) If the minister takes possession of or uses any thing under

section 8 (1) (b), the minister
(a) must, subject to subsection (5) of this section, pay compensation for the thing, or
(b) may pay compensation for the thing, in an amount determined by the minister, if the minister took possession of or used the thing under the authority of this or any other Act or under a reservation, in a Crown grant relating to the land, that provides the right to take possession of or use the thing without compensation. (4) If the minister and a person entitled to compensation under subsection (2) (b) or (3) (a) of this section fail to agree on the amount of compensation payable, the amount must be determined by the Supreme Court.

(5) The minister is not required to pay compensation for any entry onto land under

section 8 of this Act, or for any other thing done under section 8, including, without limitation, any activity or taking of possession of or using any thing, if the entry, activity, taking possession or use was to deal with a situation that
(a) directly interferes with the minister's ability to exercise the rights, powers and advantages granted under this Act, and
(b) was created or condoned by the owner or occupier of the land. 10 The minister may expropriate land for any of the purposes in

section 8 (2) (a) or (c). 11 If the minister exercises the power under

section 10 to expropriate land, the minister must pay compensation as agreed with the owner of the land or, if there is no agreement, in accordance with the Expropriation Act. 12 (1) Subject to subsection (2), but despite any other enactment or the common law, no action lies and no proceeding may be brought against the government, the minister or any other person for compensation or damages resulting from injurious affection to land resulting from the exercise of a power provided to, or the performance of a duty imposed on, the minister under this Act or any predecessor Act.

(2) If the minister expropriates part of the land of an owner, subsection (1) does not apply in relation to the minister if and to the extent that injurious affection results to the unexpropriated remainder of that land. 13 (1) The minister may dispose of land. (2) Without limiting subsection (1) and despite Part 3, the minister may
(a) dispose of the whole or any part of a provincial public highway by lease for any purpose, including, without limitation, a commercial purpose, and
(b) if a provincial public highway is discontinued and closed, dispose of the whole or any part of the land over which the provincial public highway was discontinued and closed.

(3) If the minister wishes to sell land that is not a provincial public highway, the minister must, in selecting the person to whom the sale is to be made, use a public competitive process unless,
(a) in the case of a disposition referred to in subsection (2) (b), the disposition is
(i) to the authority or the South Coast British Columbia Transportation Authority,
(ii) to a municipality or regional district for consideration determined by the minister,
(iii) in exchange for other land, with or without additional consideration, or
(iv) to an owner of land adjacent to the land over which the provincial public highway was discontinued and closed, or
(b) in the case of any other disposition of land, the disposition is one referred to in paragraph (a) (i), (ii) or (iii) of this subsection.

(4) If the minister wishes to dispose of land that is not a provincial public highway by lease, the minister must, in selecting the person to whom the lease is to be granted, use a public competitive process unless the lease is for at least market rent or is to
(a) an agency, board or commission of the government,
(b) the authority or the South Coast British Columbia Transportation Authority,
(c) a municipality or regional district,
(i) established by an Act of the Legislature of British Columbia or by an Act of the Parliament of Canada, and
(ii) of which the majority of shares are owned by the government of British Columbia or the government of Canada, or
(i) special circumstances exist, and
(ii) the lease arrangements are approved by the Lieutenant Governor in Council.

(5) The proceeds of every disposition of land referred to in this section must be paid to the government.

14 (1) The minister may furnish a notice under this section in respect of an improvement in either of the following circumstances:
(a) the minister has entered into an agreement with an owner of land under which the owner agrees to maintain the improvement in accordance with the agreement, and the minister believes that the improvement is not being maintained in accordance with the agreement;
(b) the minister has attempted to negotiate an agreement referred to in paragraph (a) in relation to the improvement but, in the minister's opinion, it will not be possible to reach such an agreement with the owner within a reasonable time, and the minister believes that the improvement
(i) has been constructed by the minister under this or any other enactment,
(ii) relates to a provincial public undertaking, and
(iii) is primarily for the benefit of the owner.

(2) If, under subsection (1), the minister furnishes a notice to an owner of land in respect of an improvement on the land, the owner must, at the owner's expense, keep the improvement in good repair. (3) A notice under subsection (1) must
(a) require the owner to keep the improvement in good repair, and
(b) indicate that, if the improvement is not kept in good repair, the minister may, at the owner's expense, enter the land and carry out any action considered by the minister to be necessary for that purpose. (4) The minister may refrain from furnishing a notice under subsection (1) or may revoke a notice furnished under that subsection if the minister believes that the notice obligation would cause undue hardship to the owner.

(5) If the minister believes that the owner to whom a notice has been furnished under subsection (1) in respect of an improvement has not kept the improvement in good repair, the minister may
(a) enter the land on which the improvement is located, and
(b) carry out any repairs or other remedial actions considered by the minister to be appropriate.

(6) If the minister enters land or performs any remedial actions under subsection (5), the minister may demand, from the owner of the land, payment of
(a) the expenses incurred as a result of any entry and remedial actions by the minister under subsection (5),
(b) interest on the amount referred to in paragraph (a) of this subsection, and
(c) the expenses incurred in recovering the amounts referred to in paragraphs (a) and (b). (7) An amount demanded by the minister from an owner of land under subsection (6) is due, owing and payable by the owner to the minister on the owner's receipt of the demand and, without limiting

section 76, may, if the land is outside a municipality, be recovered as delinquent taxes in the same manner as delinquent taxes may be recovered under the Taxation (Rural Area) Act. 15 In this Division, "responsible person" means a person to whom a notice is furnished under

section 16 (1) that requires the person to take some remedial action. 16 (1) Subject to

section 22, the minister may furnish a notice under this section to the owner or occupier of land if the minister believes that there is on the land, whether or not that land is near a provincial public undertaking, equipment or a tree, fence, sign, building, vehicle, device, object or situation that, in the minister's opinion,
(a) creates a need to act to protect
(i) a provincial public undertaking,
(ii) any land or improvement related to a provincial public undertaking, or
(iii) any thing that is or may be on or near a provincial public undertaking,
(b) might affect the safety of any person who is or might be on or near
(i) a provincial public undertaking, or
(ii) any land or improvement related to a provincial public undertaking,
(c) is causing or might cause the accumulation of snow, water, debris or any other potentially hazardous material on or near a provincial public undertaking or on or near any land or improvement related to a provincial public undertaking, or
(d) is a nuisance that might distract the operator of a vehicle on or near a provincial public undertaking or impair the operator's ability to drive safely.

(2) A notice under subsection (1) must
(a) specify the remedial actions the minister requires,
(b) specify the time or date on or before which the remedial actions must be completed, and
(c) indicate that if the specified remedial actions are not completed by the specified time or date, the minister may carry out remedial actions at the expense of the responsible person. (3) The minister may extend the time for completion of a required remedial action whether or not a previously specified time limit has expired. 17 If a notice is furnished under

section 16 (1), a copy of the notice must be sent, by ordinary mail, to the last known address, if any, of
(a) the occupier, if the responsible person is the owner, and
18 If the remedial actions specified in a notice furnished under

section 16 (1) have not been completed by the time or date set in the notice for completion, the minister may
(a) subject to

section 23, enter any place or premises on the land where the action was required to be taken, and
(b) carry out any remedial actions considered by the minister to be appropriate, including, without limitation,
(i) seizing or impounding any thing the minister believes caused or contributed to the situation for which the remedial actions were required,
(ii) constructing, upgrading, altering, expanding, extending, repairing, rehabilitating and removing any improvement as the minister considers necessary, and
(iii) subject to

section 19, disposing of any thing seized under subparagraph (i) of this paragraph. 19 (1) A documented item must not be disposed of by the minister under

section 18 (b) (iii) unless
(a) notice in writing is furnished to
(i) the person, if any, shown as the current owner of the documented item in the records of the Insurance Corporation of British Columbia, and
(ii) any other person who is shown in the personal property registry, or in or on the documented item, as being an owner of the documented item or as having an interest in the documented item, and
(b) 14 days have elapsed since the date of the notice and no person has, within the 14 days, established ownership, paid the expenses recoverable under subsection (3) of this section and taken custody of the documented item. (2) An undocumented item must not be disposed of by the minister under

(a) 7 days have elapsed since the seizure, and
(b) no person has, within the 7 days, established ownership, paid the expenses recoverable under subsection (3) of this section and taken custody of the undocumented item. (3) The expenses incurred in entering any land under

section 18 (a) and carrying out any remedial actions under section 18 (b), including, without limitation, seizing, removing, impounding or disposing of any thing under section 18 (b), are recoverable by the minister from the responsible person. 20 (1) If the minister gives or sells any thing under

section 18 (b) (iii),
(a) the person to whom the thing is given or sold takes it free and clear of any encumbrances, including, without limitation, any right, title or interest of the person who was its owner before the disposition but excluding any right, title or interest retained by the minister by the disposition, and
(b) the minister must apply any proceeds realized from that disposition to the expenses recoverable under

section 19 (3). (2) If, after the proceeds realized from a disposition are applied to the expenses recoverable under

section 19 (3), a balance of proceeds remains that is in excess of $10, the minister must,
(a) if the thing that was disposed of is a documented item, furnish a notice of that balance and of the person to whom, under subparagraph (ii) of this paragraph, that balance is to be paid to every person to whom notice of disposition was furnished under

section 19 (1) and
(i) pay the balance in accordance with any court order received by the minister within 14 days after the date of the notice under this subsection, or
(ii) if no court order is received by the minister within that 14 day period, pay the balance to the person who is shown as the owner of the documented item in the records of the Insurance Corporation of British Columbia or, if no person is shown as the owner in those records, to the person who is shown as the owner of the documented item in the personal property registry or in or on the documented item, or
(b) if the thing that was disposed of is an undocumented item and no person has, within 14 days after the disposition, satisfied the minister as to that person's ownership of the undocumented item, pay the balance to the administrator under the Unclaimed Property Act.

(3) Money paid to the administrator under subsection (2) (b) of this section is deemed to be an unclaimed money deposit under the Unclaimed Property Act. 21 (1) The minister may demand, from the responsible person, payment of
(a) the expenses recoverable under

section 19 (3) that have not been satisfied under section 20 (1) (b),
(c) the expenses incurred in recovering the amounts referred to in paragraphs (a) and (b). (2) An amount demanded by the minister under subsection (1) is due, owing and payable by the responsible person to the minister on the responsible person's receipt of the demand and, without limiting

section 76, may, if the responsible person is the owner of the land referred to in section 18 (a) and that land is outside a municipality, be recovered as delinquent taxes in the same manner as delinquent taxes may be recovered under the Taxation (Rural Area) Act. 22 (1) If the minister believes that the circumstances referred to in

section 16 (1) create an urgent need for remedial action, the minister may

section 23, enter any place or premises on the land without notice to or the consent of the owner or occupier of the land, and
(i) seizing, removing or impounding any thing the minister believes caused or contributed to the situation for which the remedial actions are required,

section 19, disposing of any thing seized under subparagraph (i) of this paragraph. (2) Subject to subsection (3) of this section,

section 9 (1) to (4) applies to any entry or activity of the minister under subsection (1) of this section. (3) The minister is not required to pay compensation for any entry onto the land under subsection (1) of this section, or for anything done under subsection (1) in connection with any entry onto the land, including, without limitation, any activity or taking of possession of or using any thing, if the situation that created the urgent need was created or condoned by the owner or occupier of the land.

(4) Sections 19, 20 and 21 apply to any disposition of a thing under subsection (1) (b) (iii) of this section and, for that purpose, a reference to "the responsible person" in those provisions as they apply for the purposes of this section is deemed to be a reference to the owner or occupier of the land. 23 (1) Subject to this section, the power to enter premises under

section 18 (a) or 22 (1) (a) must not be used to enter a dwelling occupied as a residence without the consent of the occupier. (2) Without limiting any other rights, powers or advantages of the minister under this or any other enactment, the minister may, for the purposes referred to in

section 18 (b) or 22 (1) (b), as the case may be, enter a dwelling occupied as a residence, without the consent of the occupier, under the authority of a warrant issued under subsection (3) of this section. (3) A justice may issue a warrant authorizing a person named in the warrant and, if appropriate, any peace officer that the named person may call on for assistance to enter a dwelling occupied as a residence in accordance with the warrant, for the purposes referred to in

section 18 (b) or 22 (1) (b), if the justice is satisfied by evidence on oath that the entry is required for those purposes. Part 3 — BC Transportation Financing Authority
24 In this Part:
"board" means the board of directors of the authority;
"director" means a member of the board. "transit station" means
(a) a bus exchange, passenger rail station or prescribed transit facility, and
(b) a planned bus exchange, passenger rail station or prescribed transit facility;
"transit-oriented development" means a development, including, without limitation, a commercial, industrial, institutional, recreational or residential development, that is
(a) intended to support use of public transit, and
(b) located within the prescribed distance from a transit station.

25 (1) The BC Transportation Financing Authority is continued as a corporation consisting of a board of directors made up of the minister and not more than 4 other members appointed by the Lieutenant Governor in Council. 26 The purpose of the authority is
(a) to, throughout British Columbia, acquire, construct, hold, improve or operate, or cause to be constructed, improved or operated,
(i) transportation infrastructure, other than infrastructure related to municipal highways,
(ii) provincial public undertakings, and
(iii) transit-oriented developments, and
(b) to do such other things as the Lieutenant Governor in Council may authorize. 27 (1) The authority is an agent of the government. (2) Subject to this Act and the regulations, the authority has the power and capacity of an individual of full capacity.

(3) Without limiting subsection (2) but subject to this Part and the regulations, the authority may do one or more of the following for the purposes of this Part:
(a) acquire, construct, hold, improve or operate, or cause to be constructed, improved or operated,
(i) transportation infrastructure,
(ii) provincial public undertakings, or
(iii) transit-oriented developments;
(b) acquire or expropriate land;
(c) hold and maintain land acquired or expropriated under paragraph (b);
(d) subject to paragraph (d.1), dispose of land acquired or expropriated under paragraph (b);
(d.1) with the approval of the Minister of Finance, dispose of land by lease for less than market rent;
(e) with the approval of the Minister of Finance, provide financial assistance by way of grant, contribution, loan or guarantee;
(f) enter into agreements with the government of Canada, the government of a province or territory within Canada or the government of a jurisdiction outside Canada, or with an agency, department or official of any of those governments;
(g) create subsidiary corporations to carry out the purposes of the authority;
(g.1) exercise within a municipality in or through which a transit system is acquired, constructed, held, improved or operated, or caused to be constructed, improved or operated, all the powers that a municipality authorized to lay out, construct and maintain highways may exercise in carrying out that authorization;
(h) do such other things as the Lieutenant Governor in Council may authorize.

(3.1) The authority has, for the purposes of acquiring, constructing, holding, improving or operating a transit system on a highway in a municipality, or causing the transit system to be constructed, improved or operated,
(a) all the rights, powers and advantages conferred by any enactment on the municipality with respect to the highway, and
(b) the right to enjoy and exercise any right of way, easement or licence owned, enjoyed or exercised by the municipality in connection with or for the purposes of its operation of the highway,
and the authority may exercise those rights, powers and advantages and enjoy and exercise that right of way, easement or licence in the same manner and to the same extent as the municipality might have done if the highway had not become part of a transit system.

(3.2) If a municipality or proposed operator fails or refuses to enter into an agreement that the authority considers necessary for the purposes of a transit system, the Lieutenant Governor in Council may, on the recommendation of the authority, establish the contents of the agreement and order that the agreement be binding on the parties named in it. (3.3) Despite any other Act, on the making of an order under subsection (3.2), the persons named in the agreement as parties are bound by that agreement. (4) The authority has the same immunities in relation to property of the authority as the government has in relation to property of the government.

(5) Subject to subsection (6), but despite any other enactment or law, no action lies and no proceeding may be brought against the authority, the government, the minister or any other person for compensation or damages resulting from injurious affection to land resulting from the exercise of a power provided to, or the performance of a duty imposed on, the authority under this Act or any predecessor Act. (6) If the authority expropriates part of the land of an owner, subsection (5) does not apply in relation to the authority if and to the extent that injurious affection results to the unexpropriated remainder of that land. 28 (1) A majority of the directors holding office constitutes a quorum at meetings of the board. (2) Without limiting

section 29 (5), the affirmative votes of the majority of the directors present at a meeting at which a quorum is present are sufficient to pass a resolution of the board. 29 (1) The directors must manage the affairs of the authority or supervise the management of those affairs. (a) exercise the rights, powers and advantages conferred on them under this Part,
(b) exercise the rights, powers and advantages of the authority on behalf of the authority, and
(c) delegate the exercise or performance of any right, power, advantage or duty conferred or imposed on them to the chief executive officer of the authority or to a person employed by the authority.

(3) The directors may pass the resolutions they consider necessary or advisable for the management and conduct of the affairs of the authority, the exercise of their rights, powers and advantages or the performance of their duties. (4) Without limiting subsection (3), the directors may pass resolutions respecting the procedure to be followed at meetings of the board. (5) A resolution of the board that is approved by directors, whether present in person or approving by telex, telegraph, electronic mail, facsimile, telephone or any other similar means of communication confirmed in writing or other graphic communication, is as valid as if it had been passed at a meeting of the directors properly called and constituted.

30 The authority may pay to a director
(a) an allowance for reasonable travelling and incidental expenses necessarily incurred in carrying out the business of the authority, and
(b) if the director is not a member of the Legislative Assembly or a public servant, remuneration at rates set by the Lieutenant Governor in Council. 31 (1) The board may appoint a chief executive officer of the authority. (2) The chief executive officer must carry out those functions and perform those duties that are specified in the resolutions of the board.

(3) The chief executive officer, to the extent authorized by the board, may appoint officers and employees of the authority necessary to carry on the business and operations of the authority and may define their duties and determine their remuneration. (4) The Public Service Act and the Public Service Labour Relations Act apply to the authority and the officers and employees of the authority. 32 (1) The Public Service Benefit Plan Act applies to the officers and employees of the authority. (2) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the authority and the officers and employees of the authority.

(a) establish and maintain an accounting system satisfactory to the Minister of Finance, and
(b) whenever required by that minister, render detailed accounts of its revenues and expenditures for the period or to the day that minister designates. (2) All records of the authority must at all times be open for inspection by the Minister of Finance or a person designated by that minister. (3) The Minister of Finance may direct the Comptroller General to examine and report to the Treasury Board on any or all of the financial and accounting operations of the authority.

(4) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the authority, the Lieutenant Governor in Council must appoint an auditor to audit the accounts of the authority at least once each year. (4.1) The costs of the audit referred to in subsection (4) must be paid by the authority. (5) The accounts referred to in subsection (4) must be prepared in accordance with generally accepted accounting principles. (6) The Minister of Finance is the fiscal agent of the authority. 34 (1) If a regulation is made under subsection (2), the Minister of Finance must pay to the authority out of the consolidated revenue fund, without an appropriation other than this section, amounts equivalent to the net revenue under

section 13 of the Motor Fuel Tax Act in the prescribed area. (2) On request by resolution of the board, the Lieutenant Governor in Council may, by regulation for the purposes of this Part,
(a) bring into force

section 13 of the Motor Fuel Tax Act in a prescribed area of British Columbia, and
(b) prescribe the tax to be collected under that section in the prescribed area. 35.1 In each calendar month, the Minister of Finance must pay to the authority out of the consolidated revenue fund, without an appropriation other than this section, 1/12 of the amount estimated under

section 229.1 (a) of the Provincial Sales Tax Act for the fiscal year that includes the calendar month. 36 (1) Subject to the approval of the Lieutenant Governor in Council, the authority may establish a system of tolls or charges to be paid to the authority in respect of the use of a provincial public highway. (2) If a system of tolls or charges has been established by the authority under this section in respect of the use of a provincial public highway, a person must not take or operate a vehicle on the provincial public highway without paying the toll or charge applicable to the vehicle.

37 Subject to the approval of the Minister of Finance, the authority may invest or loan any money of the authority that is not otherwise required for the purposes of the authority in investments or loans authorized by the Lieutenant Governor in Council.

38 (1) Subject to the approval of the Lieutenant Governor in Council and the Minister of Finance, the authority may borrow the sums of money it considers necessary or advisable for the purpose of carrying out any right, power, advantage or duty conferred or imposed on it under this or any other Act, and may issue securities in relation to that borrowing in the form and on the terms and conditions determined by the Minister of Finance at or before the time the securities are issued. (2) By resolution, the board may delegate any of its rights, powers and advantages or the powers of the authority under this section to any director or officer of the authority.

(3) A recital or declaration in a resolution of the board authorizing the issue of securities, to the effect that the issue of the securities authorized under subsection (1) is being made for the purposes of the authority and that the amount is necessary to realize the net sum required for those purposes, is conclusive evidence of the fact. (4) Subject to the approval of the Lieutenant Governor in Council and the Minister of Finance, the authority, on terms it considers necessary or advisable, may
(a) dispose of securities of the authority, either at par value or at less or more than par value, and

(5) The securities of the authority, other than notes, together with any coupons attached, must bear the signatures of
(b) those directors or officers of the authority or officers of the Ministry of Finance as the authority may determine. (6) As the fiscal agent of the authority, the Minister of Finance may arrange all details and do, transact and execute all deeds, matters and things that are required during the negotiation of a loan or for the purpose of placing a loan.

(7) The mechanically reproduced signature of a person authorized under subsection (5) is for all purposes valid and binding on the authority, even if the person whose signature is reproduced has ceased to hold office before the date of the security or before its issue. 39 If required to do so by the Minister of Finance, the authority must, on terms and conditions specified by that minister,
(a) establish one or more sinking fund accounts, or
(b) make other arrangements for the repayment of securities issued by the authority.

39.1 (1) For the purpose of the construction, acquisition or operation of a transit system, the Lieutenant Governor in Council may, by order, establish tax exemptions under any or all of the Acts referred to in subsection (5) in respect of land or improvements, or both, or a portion of land or improvements, or both. (2) A tax exemption under subsection (1) may be made with respect to land or improvements, or both, or a portion of land or improvements, or both, that is
(a) described in the order, or
(b) within a category described in the order.

(3) Subject to subsection (4), a tax exemption under subsection (1) applies to the extent, for the period and subject to the terms and conditions specified by the Lieutenant Governor in Council. (4) A tax exemption under subsection (1) applies only to the extent that the land or improvements, or both, or the portion of land or improvements, or both, is held, used or occupied for the purpose set out in that subsection.

(5) A tax exemption under subsection (1) may be provided under any or all of the following Acts:
(a) the Assessment Authority Act;
(b) the Community Charter;
(c) the Hospital District Act;
(d) the Local Government Act;
(e) the Municipal Finance Authority Act;
(f) the Police Act;
(g) the School Act;
(h) the South Coast British Columbia Transportation Authority Act;
(i) the Vancouver Charter. 41 (1) Subject to subsection (2), the Business Corporations Act does not apply to the authority. (2) The Lieutenant Governor in Council may, by order, declare that certain provisions of the Business Corporations Act apply to the authority.

42 (1) Subject to subsection (2), if public money is spent on a travelled road that is not a highway, the travelled road is deemed and declared to be a highway. (2) Subsection (1) does not apply to any road or class of roads, or to any expenditure or class of expenditures, that is prescribed by the regulations. 43 If a person agrees under

section 3 (1) of the Expropriation Act or otherwise to dedicate land to the government to become a highway, the minister may, for the purposes of section 107 of the Land Title Act, prepare and deposit with the registrar of the applicable land title office an explanatory plan showing that land as highway, and, in that event,
(a)

section 107 (1) (c) and (d) and (3) of the Land Title Act applies, and
Division 2 — Arterial Highways
44 In this Division, "affected municipality", in relation to an arterial highway, means the municipality in which the arterial highway is located. 44.1 (1) The deposit in a land title office of a subdivision, reference or explanatory plan that shows land as an arterial highway operates to make that land an arterial highway if the land surveyor who signed the plan certifies on the plan, in the prescribed form, that the land surveyor was authorized by the minister to show that land as an arterial highway.

(2) After a plan referred to in subsection (1) is deposited in a land title office, the minister must publish, in the prescribed manner, notice of the deposit of the plan and of the creation of the arterial highway effected by that deposit. 45 (1) Without limiting

section 44.1, the Lieutenant Governor in Council may, by order, on the recommendation of the minister,
(a) designate as an arterial highway all or any part of
(i) any land or improvement in a municipality that has been expropriated or otherwise acquired by the government,
(ii) a municipal highway that has been resumed under

section 35 of the Community Charter, or
(iii) any land or improvement in a municipality referred to in

section 35 (2) (a) to (f) and (j) of the Community Charter, and
(b) order that all or any part of any land, improvement or highway referred to in the definition of "arterial highway" cease to be an arterial highway. (2) After an order is made under subsection (1), the minister must publish notice of the order in the prescribed manner. 46 Before making a recommendation referred to in

section 45 (1) in relation to any land, improvement or highway, the minister must consult with the municipal council of the municipality in which the land, improvement or highway or a part of it is located. 47 In addition to any other rights, powers and advantages held by the minister in relation to an arterial highway under this Act, the minister
(a) has, and may exercise, in relation to the arterial highway, all of the rights, powers and advantages to plan, design, acquire, hold, construct, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate, protect, remove, discontinue, close and dispose of the arterial highway that,
(i) in the case of an arterial highway referred to in paragraph (b) of the definition of "arterial highway" in

section 1, the affected municipality had before the arterial highway was designated as such under this Act, or
(ii) in the case of any other arterial highway, the affected municipality would have were the highway not an arterial highway,
(b) has, and may exercise, in relation to any improvement on, under, over or related to the arterial highway, all of the rights, powers and advantages to plan, design, acquire, hold, construct, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate, protect, remove, discontinue, close and dispose of the improvement that,

(c) has, and may exercise, all of the rights, powers and advantages under any contract relating to the arterial highway or any related improvement that,

(ii) in the case of any other arterial highway, the affected municipality would have were the highway not an arterial highway, and
(d) may sue in the name of the minister to enforce any of the rights, powers or advantages referred to in this section. Division 3 — Controlled Access Highways
48 (1) The minister may, by order,
(a) designate all or any part of a provincial public highway as a controlled access highway, and
(b) remove the designation of "controlled access highway" from all or any part of a highway.

(2) If a provincial public highway designated as a controlled access highway under subsection (1) was, before that designation, a rural highway, an arterial highway or a scenic highway, the provisions of this or any other enactment that apply to rural, arterial or scenic highways, as the case may be, continue to apply to the controlled access highway for so long as it is a rural highway, an arterial highway or a scenic highway. (3) After an order is made under subsection (1), the minister must publish notice of the order in the prescribed manner.

(a) without the authorization of the minister, construct or reopen, or allow the construction or reopening of, any means of access to or from a controlled access highway, or
(b) obtain access to or from any controlled access highway other than by way of an access point
(i) constructed by the minister, or
(ii) authorized by the minister under paragraph (a). (2) An authorization under subsection (1) must be in writing unless the authorization is provided to a person who is to engage in the authorized activity within the course of the person's employment as a public officer.

50 (1) If the minister believes that there is a location at or through which unauthorized access to or from a controlled access highway may be obtained, the minister may furnish a notice to the owner or occupier of the land to or from which that access may be obtained requiring the person to seal off the access point in the manner and within the time specified by the minister. (2) Division 4 of Part 2 applies to a notice under subsection (1). 51 (1) The minister may, on terms and conditions the minister considers appropriate, provide to a person an authorization to construct or reopen, or allow the construction or reopening of, any means of access to or from a controlled access highway.

(2) Without limiting other terms and conditions the minister may impose in relation to an authorization under this section, the minister may, as part of the terms and conditions on which an authorization may be provided, do one or more of the following:
(a) establish the location and form of the authorized access;
(b) require the person to whom the authorization is provided to construct, upgrade, alter, expand, extend, repair, rehabilitate or protect any improvement that the minister considers necessary to facilitate the required access;
(c) establish terms and conditions relating to the planning, design, acquisition, holding, construction, use, operation, upgrading, alteration, expansion, extension, maintenance, repair, rehabilitation, protection, removal, discontinuance, closure and disposition of the access, including, without limitation, the standards to which that work is to be completed;
(d) impose limitations on the authorized access;
(e) charge and collect a fee for the authorization in the amount prescribed.

(3) The minister may amend or terminate an authorization given in relation to a controlled access highway under subsection (1) in any of the following circumstances:
(a) the minister believes that the amendment or termination is necessary to protect the health or safety of a person who is or may be using, or who is near to, a provincial public undertaking;
(b) the minister believes that there is an urgent public need to amend or terminate the authorization;
(c) the minister believes that the amendment or termination is necessary to
(i) protect or preserve the integrity of the controlled access highway, or
(ii) operate the controlled access highway in the most efficient and effective manner;
(d) the minister believes that the authorization has resulted in an unreasonable impediment to the minister's ability to exercise one or more of the minister's rights, powers or advantages under this Act;
(e) the holder of the authorization has breached any of the terms and conditions on which the authorization was granted.

"controlled area" means, in relation to an intersection of a controlled access highway with any other highway, land and improvements within a radius of 800 metres from the intersection;
"zoning bylaw" means
(a) a zoning bylaw under the Local Government Act, or
(b) for a community planning area, a zoning bylaw under the Local Services Act. (2) The minister may enter into an agreement under this section with the municipality or regional district in which a controlled area is located.

(3) A zoning bylaw of a municipality or regional district does not apply to a controlled area unless
(a) the bylaw has been approved in writing by the minister or any person designated in writing by the minister before its adoption, or
(b) the bylaw is in compliance with the terms of an agreement referred to in subsection (2) between the minister and the municipality or regional district.

(4) If the minister enters into an agreement referred to in subsection (2) with a municipality or regional district,
(a) a zoning bylaw is in compliance with that agreement, for the purposes of subsection (3) (b), if and for so long as
(i) development within the controlled area complies with a plan that forms part of or is identified in the agreement, and
(ii) the municipality or regional district complies with the terms of the agreement, and
(b) a zoning bylaw that is not in compliance with the agreement must be submitted to the minister for approval in writing under subsection (3) (a).

53 In this Part:
"garbage" includes rubbish, ashes, filth, discarded materials and the bodies or parts of vehicles or machinery;
"roadside land" means land within 150 metres of the centre line of a scenic highway. 54 (1) The minister may, by order,
(a) designate a highway or part of a highway as a scenic highway, or
(b) remove the designation of a highway as a scenic highway.

(2) If a scenic highway under subsection (1) is also a rural highway, a controlled access highway or an arterial highway, the provisions of this or any other enactment that apply to rural, controlled access or arterial highways, as the case may be, continue to apply to the scenic highway for so long as it is a rural highway, a controlled access highway or an arterial highway. (3) After an order is made under subsection (1), the minister must publish notice of the order in the prescribed manner.

55 (1) If satisfied that there is, on roadside land, garbage that is likely to be unsightly or offensive to the public travelling on the scenic highway, the following may furnish to the owner or occupier of the roadside land a notice under this section, requiring the owner or occupier, as the case may be, to remove the garbage or to take such other remedial actions as may be specified in the notice:
(a) if the roadside land is within a municipality, the municipal council;
(b) if the roadside land is within a regional district but not within a municipality, the board of the regional district;
(c) if the roadside land is not within a municipality or a regional district, the minister.

(2) Division 4 of Part 2 applies to a notice furnished under subsection (1) of this section, and, for that purpose, a reference to "minister" in that Division, as it applies for the purposes of a notice referred to in subsection (1) (a) or (b) of this section, is deemed to be a reference to the applicable municipality or regional district, as the case may be. (3) Without limiting subsection (2),
(a) Division 14 of Part 7 of the Community Charter applies to an amount recoverable by a municipality under

section 21 of this Act as it applies under subsection (2) of this section, and
(b)

section 399 of the Local Government Act applies to an amount recoverable by a regional district under section 21 of this Act as it applies under subsection (2) of this section. (4) Nothing in this section limits any other powers of the minister, a municipality or a regional district under this or any other enactment. Division 5 — Forest Service Roads
56 (1) In this section, "forest service road" has the same meaning as in

section 1 of the Forest Act. (2) Without limiting any right or power the minister responsible for the administration of the Ministry of Forests and Range Act may have in relation to forest service roads, the Lieutenant Governor in Council may, with the consent of the minister and the minister responsible for the administration of the Ministry of Forests and Range Act, order that a forest service road cease to be a forest service road for the purposes of the Forest Act and become, for the purposes of this Act,

(3) Without limiting any right or power the minister may have to close a provincial public highway, the Lieutenant Governor in Council may, with the consent of the minister and the minister responsible for the administration of the Ministry of Forests and Range Act, order that a provincial public highway cease to be a provincial public highway and become a forest service road for the purposes of the Forest Act, and, in that event, the provincial public highway is deemed to be closed and discontinued at the time it becomes a forest service road.

(4) Before an order is made under subsection (2) (a) in relation to a forest service road, the minister must consult with the municipal council of the municipality in which the forest service road or a part of it is located. Division 6 — Ownership of Highways
57 Unless otherwise provided for in this Act, the soil and freehold of every provincial public highway is vested in the government. 58 (1) In this section, "provincial public highway" does not include
(b) a highway on land leased to the government unless that highway is a bridge, or
(c) a highway that is part of the major road network within the meaning of the South Coast British Columbia Transportation Authority Act.

(2) Subject to subsection (5), the authority
(a) holds all of the government's right and title in and to the soil and freehold of every provincial public highway in British Columbia, and
(b) acquires all of the government's right and title in and to the soil and freehold of every provincial public highway that comes into being.

(3) This section does not affect any powers, duties, functions and liabilities, in relation to highways, of the government, the Lieutenant Governor in Council, the minister or ministry, another minister or ministry or another authority under
(a) this Act or any other enactment,
(b) any contract, licence or permit, or
(4) The authority, in relation to a provincial public highway referred to in subsection (2), does not hold, because of subsection (2), any of the powers, duties, functions and liabilities referred to in subsection (3), except for the purpose of accounting for the provincial public highways, and does not have, and has not had, since acquiring the right and title referred to in subsection (2), any of those powers, duties, functions and liabilities except for that purpose.

(5) The authority may transfer to the government the authority's right and title in and to the soil and freehold of any provincial public highway and, in that event, subsection (2) does not apply to that provincial public highway. (6) Subsection (2) does not operate to constitute the authority as an occupier, within the meaning of the Occupiers Liability Act, of a provincial public highway. 59 (1) Subject to the terms, reservations and restrictions the Lieutenant Governor in Council considers advisable, the Lieutenant Governor in Council may, despite

section 58, transfer the administration, control and benefit of any provincial public highway to the government of Canada, in the same manner and with the same effect as if the transfer were a transfer of Crown land under the Land Act, either in perpetuity or for a specified period, and with or without consideration. (2) Except to the extent that it so provides, a transfer under subsection (1) is not subject to

section 50 of the Land Act. Division 7 — Closure of Highways
60 (1) In this section, "surplus highway" means a provincial public highway or part of a provincial public highway that is not considered necessary in the public interest. (2) The minister may discontinue and close a surplus highway by publishing in the prescribed manner a notice in a form, and containing the particulars, the minister considers appropriate.

(3) If, in the opinion of the minister, no highway that is an alternative to a surplus highway exists or will be provided, the minister must, before publication of the notice referred to in subsection (2), give notice of the intention to discontinue and close the surplus highway by notice published, in a manner and with a frequency prescribed by the regulations, over 4 consecutive weeks. (4) A surplus highway to which a notice referred to in subsection (2) is published ceases to be a highway on the date specified in the notice. 61 (1) Without limiting

section 60, the minister may close a provincial public highway under this section for any reason, including, without limitation, if the minister believes that the closure is necessary
(a) for the planning, design, acquisition, holding, construction, use, operation, upgrading, alteration, expansion, extension, maintenance, repair, rehabilitation, protection, removal, discontinuance, closure or disposition of a provincial public undertaking or any related land or improvement,
(b) for the protection of the health or safety of a person who is or may be using, or who is near to, the provincial public undertaking or any related land or improvement, or
(c) to enable traffic that is allowed to access the provincial public highway to be handled safely and expeditiously.

(2) The minister may close a provincial public highway under subsection (1)
(c) for any or all classes of traffic or use,
that the minister considers appropriate. 62 (1) A person must not use or occupy, including do anything to or cause any thing to be constructed or deposited on, a provincial public highway or any land or improvement related to a provincial public highway, unless the person is authorized to do so under this Part, under another enactment, by a lease entered into under

section 13 (2) (a) or at law. (2) The minister may, on terms and conditions the minister considers appropriate, authorize any person to use or occupy, in any manner and for any purpose, including a commercial purpose, the whole or any part of a provincial public highway, or land or improvements related to a provincial public highway, and, in that event, the person may engage in the authorized activity despite any other provision of this Act.

(3) Without limiting any other terms and conditions the minister may impose in relation to an authorization under this section, the minister may, as part of the terms and conditions on which an authorization is provided, do one or more of the following:
(a) establish the period during which the authorization remains effective;
(b) provide for termination of the authorization on the occurrence of an event or condition specified by the minister;
(c) limit, regulate or prohibit access to or entry on the provincial public highway, land or improvement in relation to which the authorization is given;
(d) charge and collect a fee for the authorization in an amount approved by the Lieutenant Governor in Council or, if the authorization is in the nature of a licence, charge not less than a market rent for that licence.

(4) An authorization under subsection (2) must be in writing unless the authorization is provided to a person who is to engage in the authorized activity within the course of the person's employment as a public officer.

(5) The minister may amend or terminate an authorization given under subsection (2) in relation to a provincial public highway, land or an improvement in any of the following circumstances:
(a) the minister believes that the amendment or termination is necessary to protect the health or safety of a person using or near the provincial public highway, land or improvement;
(i) protect and preserve the integrity of the provincial public highway, land or improvement, or
(ii) operate the provincial public highway in the most efficient and effective manner;

(6) In addition to the minister's ability to give authorizations under subsection (2), the minister may
(a) prescribe one or more general authorizations under which all persons or specified classes of persons are authorized to use or occupy one or more of the following:
(i) any or all provincial public highways;
(ii) one or more classes of provincial public highways;
(iii) any other land or improvement, or class of land or improvements, related to a provincial public highway, and
(b) in relation to any authorization prescribed under this subsection, prescribe terms and conditions applicable to that authorization, including, without limitation, terms and conditions respecting the manner in which and the purpose for which the provincial public highway, land or improvement referred to in the regulation may be used or occupied.

(7) A person to whom a regulation referred to in subsection (6) applies may use or occupy the provincial public highways, land or improvements to which the regulation applies in the manner and for the purposes provided in the regulation without obtaining an individual authorization from the minister under subsection (2). 63 (1) The minister may furnish a notice to any person who the minister believes is contravening or has contravened

section 62 (1). (2) A notice under subsection (1)
(a) must require the person to stop any contravention the minister believes is ongoing, and
(b) may require the person to take specified remedial actions. (3) If a notice under subsection (1) includes a requirement under subsection (2) (b), Division 4 of Part 2 applies.

Division 2 — Abnormal Use of Provincial Public Undertakings
(a) directly or indirectly interfere with or obstruct the planning, design, acquisition, holding, construction, use, operation, upgrading, alteration, expansion, extension, maintenance, repair, rehabilitation, protection, removal, discontinuance or closure of a provincial public undertaking, or of any related land or improvement, that is authorized under this Act, another enactment or at law, or
(b) moor or attach a vessel or other floating object to a bridge or other structure that forms part of a provincial public undertaking, other than a terminal. (2) Subsection (1) does not apply to a person who does anything referred to in subsection (1) if the thing done is within the course of the person's employment as a public officer.

65 (1) The minister may furnish a notice to any person who the minister believes is contravening or has contravened

section 64 (1). (2) A notice under subsection (1) of this section

66 (1) In this section, "extraordinary traffic" includes the carriage of goods or persons over a provincial public highway, whether in vehicles drawn by animal power or propelled by other means, that in conjunction with the nature or existing condition of the provincial public highway is so extraordinary or improper
(a) in the quality or quantity of the goods or the number of persons carried,
(b) in the mode or time of use of the provincial public highway, or
(c) in the speed at which the vehicles are driven or operated,
as, in the opinion of the minister, substantially alters or increases the burden imposed on the provincial public highway through its proper use by ordinary traffic, and causes damage and expense to the provincial public highway beyond what is reasonable or ordinary.

(2) If the minister believes that a provincial public highway is liable to damage through extraordinary traffic, the minister may limit, prohibit or make directions respecting the use of the provincial public highway by a person operating or in charge of the extraordinary traffic or owning the goods carried by it or the vehicles used in it.

(3) Any person to whom this section might otherwise apply may, with the approval of the minister, enter into an agreement for the payment to the government of compensation for the damage or expense that may, in the opinion of the minister, be caused by the extraordinary traffic, and, in that event, the person may use the provincial public highway in the manner contemplated by the agreement despite any limitation, prohibition or direction of the minister under subsection (2) that would otherwise affect that use. Division 3 — Abandoned Vehicles or Things
67 In this Division, "seized item" means a vehicle or other thing seized under

section 68 (5) or (6). 68 (1) A person must not abandon a vehicle or other thing on a highway. (2) If the minister believes that a vehicle or other thing has been abandoned on a provincial public highway, the minister may furnish a notice to the owner or, if known, to any other person who is responsible for abandoning the vehicle or thing on the provincial public highway.

(3) A notice under subsection (2) must
(a) require the person to whom it is furnished to remove the vehicle or thing from the provincial public highway,
(b) specify the time or date before which the vehicle or thing must be removed, and
(c) indicate that if the removal is not completed by the specified time or date, the minister may effect the removal at the expense of the person to whom the notice was furnished. (4) The minister may extend the time for removal whether or not a previously specified time limit has expired.

(5) The minister may seize a vehicle or thing that the minister believes has been abandoned on a provincial public highway if
(a) the vehicle or thing is the subject of a notice under subsection (2) and the notice has not been complied with in the time specified, or
(b) the minister believes that the vehicle or thing has been abandoned for more than 72 hours.

(6) Without limiting subsection (5), the minister and any member of the Provincial police force or a municipal police department may seize any vehicle or thing on a provincial public highway if
(a) the vehicle interferes with the normal flow of traffic on the provincial public highway,
(b) the vehicle interferes with the maintenance of the provincial public highway by equipment for that purpose, or
(c) the vehicle or thing is causing, or might cause, a danger or inconvenience to persons using the provincial public highway. 69 (1) The minister may, in respect of a seized item,
(a) remove it from the provincial public highway,
(d) subject to subsection (4), dispose of it by sale, destruction or otherwise.

(2) The expenses incurred in seizing, removing, impounding and disposing of, as the case may be, a seized item, less the proceeds, if any, realized from a disposition of the seized item, are recoverable by the minister from the person who abandoned or left, or authorized the abandonment or leaving, of the seized item. (3) In the case of a vehicle seized under

section 68 (5) (b) or (6), in the absence of proof to the contrary, the last person whose name appears as owner of the vehicle in the records of the Insurance Corporation of British Columbia is, for the purposes of subsection (2) of this section, deemed to have abandoned or left, or authorized the abandonment or leaving, of the vehicle. (4)

Section 19 (1) and (2) applies to a disposition under subsection (1) (d) of this section. 70 (1) If the minister gives or sells any thing under

section 69 (1) (d),

section 69 (2). (2) If, after the proceeds realized from a disposition are applied to the expenses recoverable under

section 69 (2), a balance of proceeds remains that is in excess of $10, the minister must,

section 19 (1), as it applies for the purposes of section 69, and
(i) pay the balance in accordance with any court order received by the minister within 14 days after the date of the notice, or

(3) Money paid to the administrator under subsection (2) (b) of this section is deemed to be an unclaimed money deposit under the Unclaimed Property Act. Division 4 — Concession Highways
71 (1) Without limiting

section 6 (3) of the Transportation Investment Act, this Division applies to a concessionaire unless the concession agreement provides otherwise. (2) If a concession highway is also a rural highway, an arterial highway, a controlled access highway or a scenic highway, the provisions of this or any other enactment that apply to rural, arterial, controlled access or scenic highways, as the case may be, continue to apply to the concession highway for so long as it is a rural highway, an arterial highway, a controlled access highway or a scenic highway.

72 (1) A person must not use or occupy, including do anything to or cause any thing to be constructed or deposited on, a concession highway unless the person is authorized to do so under this section or at law.

(2) Without limiting subsection (1), a person must not cause or allow equipment or a tree, fence, sign, building, vehicle, device, object or situation to exist on land that, in the concessionaire's opinion,
(ii) any land or improvement related to the concession highway, or
(iii) any property that is or may be on or near the concession highway,
(i) the concession highway, or
(ii) any land or improvement related to the concession highway,
(c) is causing or might cause the accumulation of snow, water, debris or any other potentially hazardous material on or near the concession highway or on or near any land or improvement related to the concession highway, or
(d) is a nuisance that might distract the operator of a vehicle on or near the concession highway or impair the operator's ability to drive safely.

(3) The concessionaire may, if and only to the extent that the concessionaire is expressly allowed to do so by the concession agreement, authorize any person, on terms and conditions the concessionaire considers appropriate, to use or occupy, in any manner and for any purpose, including a commercial purpose, the whole or any part of the concession highway, and, in that event, the person may engage in the authorized activity despite any other provision of this Act. (4)

Section 62 (3), (4) and (5) (a) to (c) and (e) applies to a concession highway and, for that purpose, a reference in those provisions, as they apply for the purposes of this section,
(a) to "minister" is deemed to be a reference to the concessionaire, and
(b) to "provincial public highway" is deemed to be a reference to the concession highway. 73

Section 64 applies to a concession highway and, for that purpose, a reference to "provincial public undertaking" in that provision, as it applies for the purposes of this section, is deemed to be a reference to the concession highway. 74 (1) The concessionaire may furnish a notice to any person who the concessionaire believes is contravening or has contravened
(b)

section 64 as it applies to a concession highway under section 73. (2) A notice under subsection (1) of this section
(a) must require the person to stop any contravention the concessionaire believes is ongoing, and
(b) may require the person to take specified remedial actions. (3) If the remedial actions specified in a notice furnished under subsection (2) have not been completed by the time or date set in the notice for completion, the concessionaire may,
(a) if and to the extent that remedial actions may be performed on the concession highway, undertake whichever of those remedial actions the concessionaire considers appropriate, and sections 18 to 21 apply, or
(b) if and to the extent that remedial actions are required as a result of a breach of

section 72 (2), refer the matter to the minister. (4) If a matter referred to in subsection (3) is referred to the minister under subsection (3) (b), the minister may

section 23, as it applies for the purposes of subsection (6) of this section, enter any place or premises on the land where the action was required to be taken, and

section 19, as it applies for the purposes of subsection (6) of this section, disposing of any thing seized under subparagraph (i) of this paragraph. (5) Sections 18 to 21 apply to any action taken by the concessionaire under subsection (3) (a) and, for that purpose, a reference to "minister" in those provisions, as they apply for the purposes of this section, is deemed to be a reference to the concessionaire. (6) Sections 18 to 23 apply to any action taken by the minister under subsection (4).

75 Sections 67 to 70 apply to a concession highway and, for that purpose, a reference in those provisions, as they apply for the purposes of this section,
(b) to "highway" or to "provincial public highway" is deemed to be a reference to the concession highway. Division 1 — Collection of Outstanding Money
76 (1) Any money due to or recoverable by the minister under this Act may be recovered as a debt due to the government.

(2) The rights, powers and advantages provided to the government under subsection (1) are in addition to any other rights, powers and advantages the government or the minister may have under this or any other enactment or at law to collect the money referred to in subsection (1). 77 Interest on any money due to or recoverable by the minister or the government under this Act is payable and must be calculated
(a) at the rate prescribed under

section 20 (1) of the Financial Administration Act, and
79 (1) A person commits an offence who

section 36 (2), 49, 62 (1), 64 (1) or 68 (1),
(b) fails, without reasonable excuse, to comply with a notice furnished to the person under

section 16 (1), 50 (1), 55 (1), 63 (1), 65 (1) or 68 (2),
(c) unless authorized under

section 66 (3), drives on or uses a provincial public highway in contravention of a limitation, prohibition or direction made under section 66 (2),
(d) obstructs or prevents another person from entering land or engaging in any other activity if that entry or activity is authorized by this Act,
(e) contravenes a regulation made under

section 87 (2) (b), (c), (d), (f) or (g), or
(f) fails to pay a toll the person is required to pay under regulations prescribed under

section 64 as it applies to a concession highway under section 73, or
(c) contravenes

section 68 (1) as it applies to a concession highway under section 75. 80 If a corporation commits an offence under this Act, any employee, officer, director or agent of the corporation who authorizes, allows or acquiesces in the offence commits the same offence whether or not the corporation is convicted of the offence. 81 A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.

82 (1) For the purposes of this Act, a record may be furnished
(i) by giving it to the individual, or
(ii) by sending it by registered mail to the individual's last known address,
(b) to a corporation, by serving the corporation as provided by
(i) the Supreme Court Civil Rules, or
(ii) the Business Corporations Act,
(c) to any other organization, by delivery to, or by sending it by registered mail to, the last known address for the organization, or
(d) in any manner ordered by the Supreme Court on application for an order allowing the record to be furnished in a different manner. (2) A notice sent by registered mail is deemed to be furnished to the addressee on the fifth business day after mailing.

83 Nothing in this Act requires the minister to take any action to stop, prevent or remedy any act or omission that is or may constitute a contravention of this Act or the regulations or to remedy any situation that the minister has the right to remedy under this Act. 84 Nothing in this Act obliges the minister to plan, design, acquire, hold, construct, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate, protect, remove, discontinue, close or dispose of any highway or any part of a highway.

85 A belief, opinion, determination or consideration referred to in this Act in relation to the minister may be the belief, opinion, determination or consideration of the minister or of any public officer who forms that belief, opinion, determination or consideration within the course of the public officer's employment as a public officer or on whose belief, opinion, determination or consideration, as the case may be, the minister otherwise chooses to rely for that purpose.

86 (1) No action lies and no proceeding may be brought against the government or any employee or minister of the government for loss or damages to person or property caused directly or indirectly by any acts or omissions of, or any works constructed or maintained by,
(a) a person to whom a disposition is made under

section 13,
(b) a person acting or purporting to act under an authorization of the minister under

section 49, 51 or 62, or
(c) a person acting or purporting to act in accordance with an agreement made under

section 66 (3). (2) If a vehicle or thing is seized or otherwise dealt with under

section 16 (2), 18, 50 (2), 63 (3), 65 (3) or Division 3 of Part 5 by the minister or under section 55 (2) by the minister, a municipality or a regional district, none of the minister, municipality or regional district, as the case may be, a person to whom the vehicle or thing is disposed of or the government is liable, in damages or otherwise, for or in respect of any claim that may arise in respect of the vehicle or thing after its disposal in accordance with this Act. Division 1 — Regulations of the Lieutenant Governor in Council
87 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the Interpretation Act. (2) Without limiting subsection (1) of this section, the Lieutenant Governor in Council may make regulations as follows:
(a) respecting means by which a public street, road, trail, lane, bridge, trestle, tunnel, ferry landing, ferry approach, other public way or other land or improvement may become a highway;
(b) bringing into force

section 13 of the Motor Fuel Tax Act in one or more areas of British Columbia;
(c) respecting the tax that may be collected under

section 13 of the Motor Fuel Tax Act;
(d) respecting the system of tolls or charges referred to in

section 36, and providing for the repayment of any surplus, as defined in the regulation, remaining from those tolls or charges when the system is concluded;
(f) prescribing roads, classes of roads, expenditures or classes of expenditures for the purposes of

(g) respecting the manner in which and the frequency at which the minister may publish any records that may or must be published by the minister under this Act, with power to prescribe different manners and different frequencies for different records and situations;
(h) respecting criteria that must be met by a zoning bylaw before it can be approved by the minister under

section 52 (5), with power to prescribe different criteria for different situations;
(j) respecting the manner in which interest payable under this Act may be calculated;
(k) prescribing a transit facility or class of transit facilities for the purposes of the definition of "transit station" in

(l) prescribing the distance from a transit station or class of transit stations for the purposes of the definition of "transit-oriented development" in

section 24. (2.1) A regulation under subsection (2) (d) may provide for repayment of a surplus from tolls or charges with respect to a period commencing on or after December 1, 2003. 88 (1) Without limiting

section 87 (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing vessels, including, without limitation, vessels of a class of vessels, as ferries;
(b) providing for the direction and control of passenger and vehicular traffic on ferries and in terminals;
(c) respecting the safety and security of individuals on ferries and in terminals;
(d) prohibiting conduct on ferries or in terminals that does or could
(i) pose a risk to the health, safety or security of individuals or property, or
(ii) interfere with the comfort and enjoyment of individuals using ferries or terminals;
(e) respecting the manner in which passengers and vehicles are to load onto and unload from ferries;
(f) respecting parking on ferries or at terminals;
(g) respecting fares or rates that may be charged for ferry services, including, without limitation, for carrying individuals, vehicles or property, or one or more classes of individuals, vehicles or property, on ferries;
(h) exempting a class of persons or vehicles from all or part of this Part or a regulation;
(i) prescribing schedules of ferry departures and arrivals.

(2) A regulation under subsection (1) may make different provisions for different
(a) ferries or terminals or classes of ferries or terminals,
(b) persons or classes of persons, and
(c) vehicles or classes of vehicles. (3) Subsections (1) and (2) do not apply to ferries or terminals that
(a) are owned or operated by British Columbia Ferry Services Inc., or
(b) are or form part of a concession highway under the Transportation Investment Act. 89 Without limiting

section 87 (1), the Lieutenant Governor in Council may make regulations in relation to ferries that are, or form part of, a concession highway as follows:
(a) prescribing a ferry or class of ferries to which this section applies;
(d) prohibiting conduct on ferries and in terminals that does or could
(f) respecting parking at terminals or on ferries;
(g) exempting a class of persons or vehicles from all or part of a regulation.

Division 2 — Regulations of the Minister
90 The minister may make regulations as follows:
(a) for the purposes of protecting provincial public undertakings or persons on or near provincial public undertakings;
(b) respecting use of provincial public highways by persons or vehicles;
(c) respecting authorizations and applicable terms and conditions for the purpose of

section 62 (6);
(d) providing for the manner and location in which signs or structures and trees or other plants may be placed near any provincial public undertaking or any related land or improvement.

91 (1) The minister, with the approval of the Lieutenant Governor in Council, may make regulations as follows:
(a) establishing a system of tolls to be paid in respect of the use of vehicles on the Coquihalla Highway, with power to prescribe different tolls for different classes of vehicles;
(b) establishing, on the Coquihalla Highway, stations for the collection of tolls;
(c) prescribing the toll to be paid for any vehicle or class of vehicles passing through a toll station on the Coquihalla Highway;
(d) providing for the manner of collection of tolls prescribed under this section;
(e) prescribing classes of vehicles for the purposes of this section;
(f) exempting any class of vehicle from paying tolls prescribed under this section;
(g) respecting the management of the Coquihalla Highway.

(2) If, under the regulations, a toll station has been established on the Coquihalla Highway, a person must not take or operate a vehicle, other than a vehicle exempted under subsection (1) (f), through the toll station without paying the toll prescribed for the vehicle. Copyright © King's Printer, Victoria, British Columbia, Canada

section 13 of the Motor Fuel Tax Act, the prescribed area is the Province of British Columbia and the prescribed tax is 6.75¢ per litre. "industrial users" has the same meaning as in Schedule 2 of Order in Council 1081/2003;
"surplus" means, with respect to the period referred to in subsection (4), the amount, if any, by which the charges collected by the authority in relation to the Sierra Yoyo Desan Road exceed the amount expended by the authority in relation to that road. (2) Any system of charges established by the authority under

section 36 of the Act in relation to the Sierra Yoyo Desan Road must be published in the Gazette as soon as practicable after the system of charges is approved by the Lieutenant Governor in Council. (3) The authority must consult with a sample of industrial users of the Sierra Yoyo Desan Road, which sample is considered by the authority in its sole discretion to be representative,
(a) before making any changes to the charges under the system of charges, and
(b) before adding any new categories of industrial users. (4) When the system of charges established by the authority under

section 36 of the Act in relation to the Sierra Yoyo Desan Road is concluded, the authority must repay any surplus remaining from those charges to the industrial users who have paid those charges over the period from December 1, 2003 until the date on which the system is concluded. [am. B.C. Reg. 212/2008.] 4 (1)

Section 42 (1) of the Act does not apply
(a) to an expenditure of public money if the expenditure is confined to an expenditure for snowploughing or ice control,
(b) to a travelled road if the travelled road forms part of an existing railway right of way and, at the time public money was spent on it,
(b.1) to the Telegraph Cove Road, being a private industrial road located approximately 20 km south of Port McNeill on Vancouver Island, commencing at the southern boundary of Rupert District Lot 348 (intersection of Beaver Cove Road and the Kilpala Main) and traveling northeastwards for a distance of 3.6 km through Rupert District Lot 2 and terminating at the western side of Rupert District Lot 350 (start of the 1.0 km public highway at Timber West's dry land sort),
(b.2) to the Alberni Bamfield Road, a road located between Port Alberni and Bamfield on central Vancouver Island, commencing at the south terminus of Franklin River Road, a public highway within Block 763, Alberni District, then traveling approximately 78 kilometres southwesterly to join and terminate at Bamfield Road, a public highway near Pacheena Bay,
(b.3) to the SJ620 Road, being a private industrial road located in Sections 21 and 22, Township 41, Rupert District, commencing at the intersection of the SJ620 Road with the San Josef Main Road in the South 1/2 of the Northwest 1/4 of

Section 22, Township 41, Rupert District and travelling westwards for a distance of approximately 1.4023 km, terminating at the easterly boundary of Cape Scott Park,
(c) to a highway if money has been authorized to be lent, guaranteed, invested, granted or spent in relation to the highway under

section 13 of the Ministry of Energy and Mines Act, or

Section 42 (1) of the Act does not apply to any of the following trails, whether or not public money is spent on the trail before or after the coming into force of this subsection:
(b) a snowmobile trail established and maintained by a recreational organization. (3) Nothing in subsection (1) or (2) is to be read as including recreational trails within the meaning of roads or travelled roads. [am. B.C. Regs. 120/2005; 294/2005; 234/2007.]

4.1 (1) In this section, "traffic control device" means a sign, signal, line, meter, marking, space, barrier or device, not inconsistent with Part 3 of the Motor Vehicle Act, placed or erected by authority of
(a) the minister responsible for the administration of the Act, or
(b) a person authorized by the minister responsible for the administration of the Act to exercise that authority. (2)

Section 42 (1) of the Act does not apply to a travelled road if a traffic control device indicates that the travelled road is an alternate route for traffic. [en. B.C. Reg. 152/2023.] 5 (1) For the purposes of sections 2 (2), 45 (2), 48 (3), 54 (3) and 60 (2) of the Act, a notice referred to in those sections must be published in the Gazette. (2) For the purposes of

section 60 (3) of the Act, a notice of the intention to discontinue and close a surplus highway must be published once each week, for 4 consecutive weeks, in a newspaper published in British Columbia and circulating in the place in which the highway or part of it is located. 6 Interest payable under

section 77 of the Act must be calculated in the manner prescribed in B.C. Reg. 214/83, the Interest on Overdue Accounts Receivable Regulation. 7 For the purposes of paragraph (b) of the definition of "transit-oriented development" in

section 24 of the Act, the prescribed distance is 800 metres. [en. B.C. Reg. 155/2022, Sch.] [Provisions relevant to the enactment of this regulation: Transportation Act, S.B.C. 2004, c. 44, ss. 87 and 89.] Copyright © King's Printer, Victoria, British Columbia, Canada

section 6, the total cost of the works must be apportioned as local improvement charges to the land concerned and the owners of it as provided in this Act and the regulations and bylaws under this Act. 3 The following must be paid into the consolidated revenue fund:
(a) the amounts collected from taxes imposed under the Taxation (Rural Area) Act on land and improvements referred to in

section 4 of this Act;
(b) the amounts derived from the disposition of any of the land subdivided under this Act or under the British Columbia University Loan Act, 1920, S.B.C. 1920, c. 49;
(c) the amounts derived from payments made to the government on account of local improvements under agreements entered into by the purchasers and lessees of the subdivided land in respect of them and the local improvement charges, collected under

section 2 (3);
(d) the amounts derived from the maintenance or operation of any work or service for the convenience or use of the occupants of the subdivided land, including all fees, rates and tolls payable under the regulations and the bylaws under this Act. 4 (1) On or before April 30 in each year the minister must provide to the Surveyor of Taxes separate statements showing the amount of money required for the part of the district lot referred to in the definition of "land" in

section 1 in that calendar year for the following purposes:
(a) for general administration and maintenance of the part of the district lot as a whole;
(b) for construction and maintenance of water systems and sewer systems and other works in specified areas of the part of the district lot.

(2) On receiving the statements under subsection (1) the Surveyor of Taxes must apportion and levy the amounts required in the part of the district lot as follows:
(a) despite the Taxation (Rural Area) Act, land and improvements liable to taxation under the Taxation (Rural Area) Act must be classified as rural land only, and taxed at a rate on the full assessed value of the land and on a percentage of the improvements the Lieutenant Governor in Council directs, to raise the money required under subsection (1) (a);
(b) on the net taxable value of land and improvements, but excluding property taxable for school purposes only by special Act, in each specified area to raise the money required under subsection (1) (b).

(4) For the purposes of subsection (2) (b),
(a) the definition of "improvements" in the Assessment Act applies, and
(b) the exemptions in sections 129 to 131 of the School Act apply. (5) Except as to the basis of assessment and taxation as provided in subsection (2),
(a) the Taxation (Rural Area) Act applies to the levy, collection and recovery of all taxes imposed under this section and to the addition of interest on them, and
(b) the taxes, if assessed and levied, are deemed to be taxes imposed and assessed under the Taxation (Rural Area) Act. 5 All the provisions of the School Act apply to the assessment, levy, collection and recovery of all taxes imposed for school purposes in the University Endowment Land.

section 2 (1) (b) may be undertaken by the minister as a local improvement on receipt by the minister of a petition for the work, signed by at least 2/3 in number of the owners of the land, that must represent at least 1/2 of the value of the land liable to be specially assessed or charged with part of the cost of a work. (2) There must be set out opposite every signature to the petition for or against a local improvement work a description of the land of which the petitioner is the owner by its number or other description as will enable the minister or an official authorized by the minister to identify it.

(3) A petition for or against the undertaking of a work
(a) must be filed with the authorized official, and
(b) is deemed to be presented to the minister when it is filed. (4) The sufficiency of a petition for or against a work must be determined and certified by the authorized official and when certified for purposes of the minister's decision is final and conclusive. (5) A person must not withdraw the person's name from, and a name must not be added to, a petition without the consent of the minister after the authorized official has certified as to its sufficiency.

(6) If it is necessary to determine the value of land and the value cannot be ascertained from the Provincial assessment roll because the land has not been separately assessed, or for any other reason, the authorized official must set and determine the value of the land. (7) The value of the land as determined under subsection (6) is deemed for the purposes of this section and sections 7 to 9 to be the assessed value of it, and the determination is final and conclusive.

(8) Except as is otherwise expressly provided in this section and sections 7 to 9, the entire cost of the local improvement work undertaken must be specially assessed on the land abutting directly on the work, according to the extent of its respective frontage on it, by an equal special rate per unit of the frontage sufficient to defray the cost.

(9) Despite subsection (8), if the minister is of the opinion that it would be inequitable to assess the owner's portion of the cost of the work on the land abutting directly on the work, according to the extent of its respective frontage on the work, the minister may
(a) declare that the method of assessment is inequitable,
(b) provide that the cost must be assessed on the land immediately benefited by the work according to the proportion of benefit received, and
(c) apportion the cost on some fair and equitable basis.

(10) An addition or a reduction, as required, may be made in the special assessment that otherwise would be chargeable for the following:
(a) triangular or irregularly shaped lots;
(b) lots located at the junction or intersection of streets;
(c) lots that not only front on a sewer but are also traversed by a sewer. (11) The addition or reduction under subsection (10) must be sufficient to adjust the assessment of the land on a fair and equitable basis, having regard to the situation, value and superficial area of the lots as compared with the other lots, or having regard to the benefit derived from the work.

(12) If all or part of a lot is for any reason unfit for building purposes, a reduction may also be made in the special assessment on the land that otherwise would be chargeable, sufficient to adjust its assessment as compared with that of the lots fit for building purposes, on a fair and equitable basis. (13) A reduction under subsection (12) may be made by deducting from the total frontage of the lot liable to the special assessment so much as is sufficient to make the proper reduction, but the whole of the lot may be charged with the special assessment as so reduced.

7 (1) Before a special assessment on the land is imposed, the minister must have a special assessment roll prepared by the authorized official, in which must be entered all of the following:
(a) every lot to be specially assessed in respect of the owner's portion of the cost, the name of the owner and the number of units of its frontage to be so assessed;
(b) the rate per front unit with which each lot is to be assessed;
(c) the number of instalments by which the special assessment is to be payable. (2) On completion of the special assessment roll, the authorized official must mail a notice of the proposed local improvement charge to each assessed owner concerned.

(3) A notice under subsection (2) is deemed correctly directed if mailed to the last known address of the owner. (4) The assessed owner has 21 days from the mailing of the notice to appeal the local improvement charge on the owner's land to the minister. 8 (1) The authorized official must make corrections in the special assessment roll necessary to give effect to the decisions of the minister under

section 7, and the roll when corrected must be certified correct by the authorized official. (2) When certified the assessment roll and the special assessments in it must be considered as confirmed and is valid and binding on all persons concerned and on the land specially assessed. 9 (1) The local improvement charges must be billed annually by the authorized official of the ministry having the administration of this section and sections 6 to 8 to the land and owners concerned. (2) Charges outstanding after October 31 in any year are subject to interest at the rate of 4 1/2% a year from that date.

(3) If any local improvement charge or any instalment has not been paid by December 31 of the year in which it was levied, the minister may forward to the Surveyor of Taxes a certificate containing
(b) the name of the owner, occupier or lessee, and
(c) the total amount outstanding under the special assessment, whether then payable or not. (4) The Surveyor of Taxes must add the amount outstanding under the special assessment to the taxation roll for the collection district, and the amount is then deemed to be Provincial taxes for all purposes of the Taxation (Rural Area) Act, and the provisions of that Act for collection and recovery apply.

(5) Local improvement charges and the interest on them collected under subsections (3) and (4) must be paid promptly into the University Endowment Lands Administration Account.

10 If any parcel of land in any part of the University Endowment Land is disposed of by sale or lease under this Act, the land in the parcel and the improvements on it must for all purposes of taxation referred to in sections 4 and 5 be assessed and taxed in respect of the year in which the disposition of the parcel takes place, but a part only of that year's taxes prorated to the year unexpired at the time of the disposition must be imposed and forms a lien or charge on the property assessed and must be collected in respect of that year. 11 In respect of a building on or land within the University Endowment Land, an approval under

section 242 of the Strata Property Act or section 8 (3) of the Real Estate Development Marketing Act must, despite those provisions, be given only by the minister or a person authorized by the minister. 12 (1) The minister may, by order made in accordance with this section, enact bylaws applicable to the University Endowment Land as follows:
(a) respecting development and use of land, buildings and other structures and the conservation of heritage sites including, without limiting this authority, provisions referred to in subsection (2);
(b) respecting building standards and inspection, including any provision that could be made in a regional district bylaw under Division 1 of Part 9 or

section 305 of the Local Government Act;
(c) respecting fire prevention and suppression, including any provision that could be made in a regional district bylaw under the Local Government Act;
(d) providing for the control, prevention or prohibition of pollution, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and nuisances that disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of persons, including any provision that could be made in a regional district bylaw under

section 324 (1) (a) or (b), 325 or 326 of the Local Government Act;
(e) respecting the control of animals, including any provision that could be made in a regional district bylaw under

section 318, 319, 320 or 321 of the Local Government Act;
(e.1) providing for the regulation of bicycles by requiring persons who own a bicycle used on a highway to hold a licence for the bicycle;
(f) imposing rates or levels of fees or other charges for permits or for anything done or permitted to be done under a bylaw;
(g) imposing one or more of specified fines, costs or other penalties for the contravention of a bylaw;
(g.1) modifying the requirement set out in subsection (5) by providing for alternative means of publishing a notice;
(h) establishing procedures for appeals under

section 15 (2);
(i) amending the Community Plan Bylaw for University Hill and the Land Use, Building and Community Administration Bylaw, adopted as B.C. Reg. 160/89 as validated by

section 4 of the University Endowment Land Amendment Act, 1989, S.B.C. 1989, c. 41.

(2) A bylaw under subsection (1) (a) may do one or more of the following:
(a) include any provision that could be made in a bylaw of a municipal council under Part 14 of the Local Government Act;
(b) include any provision that could be enacted by a local government under Part 15 of the Local Government Act;
(c) specify requirements for design, construction, external finish and the general appearance of buildings and structures and, for that purpose, the bylaw may adopt codes or standards of design, construction, finish and general appearance, with or without modification;
(d) regulate the exterior shape of buildings and other structures;
(e) specify requirements for landscaping and regulate the type, size, siting and maintenance of landscaping;
(f) regulate and prohibit on-street parking.

(3) For the purposes of subsection (1) (i), the minister has the authority that would be required to enact the validated bylaw under this section. (4) Provisions in a bylaw under subsection (1) may
(a) be made applicable to all or part of the University Endowment Land,
(b) vary as provided in

section 12 (1) [variation authority] of the Community Charter, and
(c) in addition to any variation authorized by reference to the Local Government Act or the Community Charter, be different for
(i) different parcels or areas of land,
(ii) different buildings or classes of buildings, and
(iii) different structures or classes of structures.

(5) Subject to subsection (5.1), not more than 60 days and not less than 30 days before making an order under subsection (1), the minister must publish a notice at least once a week for 2 consecutive weeks in a newspaper distributed in the University Endowment Land stating all of the following:
(a) the minister's intention to enact a bylaw under this section;
(b) in general terms, the purpose of the bylaw;
(c) a place within the University Endowment Land where and times when copies of the bylaw may be inspected.

(5.1) If a bylaw is enacted under subsection (1) (g.1), the notice referred to in subsection (5) must
(a) be published in accordance with the bylaw, and
(b) include the information referred to in subsection (5) (a) to (c). (5.2) A bylaw enacted under subsection (1) (g.1) must specify at least 2 means of publication by which a notice is to be published. (5.3) The minister may specify any means of publication in a bylaw enacted under subsection (1) (g.1) so long as the minister considers that together the means of publication provide
(a) wide distribution of the notice in the University Endowment Land, and
(b) convenient public access to the notice.

(6) The minister must ensure that
(a) a copy of each of the following is available for public inspection during normal business hours at a place within the University Endowment Land:
(i) every bylaw under this Act;
(ii) every bylaw intended to be enacted under this Act for which notice has been published as required by subsection (5); and
(iii) every variance permit issued under

section 13, and
(b) copies of bylaws and permits referred to in paragraph (a) are provided to persons requesting them on payment by those persons of the reasonable costs of providing the copies. 13 On the application of an owner of land, the minister may, by issuing a variance permit in respect of a specified area or parcel of land, vary the provisions of a bylaw under this Act, subject to any conditions the minister may impose. 14 (1) The following provisions of the Local Government Act, as they apply to a bylaw under that Act, apply to a bylaw or permit under this Act and, for this purpose, the minister has the same authority as the board of a regional district:
(a)

section 416 [bylaw contraventions — offences and prosecutions];
(b)

section 418 [authority to fulfill requirements at defaulter's expense];
(c)

section 420 [enforcement by civil proceedings]. (2) The following provisions of the Community Charter, as they apply to a bylaw under that Act, apply to a bylaw or permit under this Act and, for this purpose, the minister has the same authority as the council of a municipality:
(a)

section 16 [authority to enter on or into property], other than subsection (6) (c) and (d);
(b)

section 57 [note against land title that building regulations contravened];
(a) appoint a person to administer the University Endowment Land, and
(b) authorize a person appointed under paragraph (a) to decide on applications and other matters that require decision under this Act, including the issue of variance permits under

section 13. (2) A person who is affected by a decision made under subsection (1) (b) may appeal the decision to the minister. (3)

Section 738 (2) and (3) of the Local Government Act, as it applies to an employee of a municipality, applies to a person performing or intending to perform a duty or exercising a power under this Act and, if section 738 (2) and (3) of the Local Government Act applies, section 738 (4) of the Local Government Act applies to the employer of the person. 15.1 Subject to

section 15 (1), the minister may delegate in writing, on terms and conditions the minister considers appropriate, any of the minister's powers and functions under this Act, except the powers and functions under section 12, to any person or category of persons. 16 (1) A person must not pick, cut, damage or remove the whole or any part of any flower, plant, shrub or tree on any part of the University Endowment Land, or remove any material from any part of the lot, or place any material on any part of the lot unless the person has the right of possession of the part or has authority to do so from the person having the right of possession.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a penalty of not less than $10 and not more than $100.

17 (1) There is implied in the grant or lease whenever made of any parcel of land within the University Endowment Land the following covenants by the grantee or lessee, in favour of the government and all other persons claiming under the government as purchasers of any other part of the University Endowment Land, to the intent that the burden of the covenants that are restrictive in character may run with and bind the land sold or leased, and to the intent that the benefit of them may be annexed to and devolves with each and every part of the University Endowment Land other than the parcel conveyed or leased:
(a) a building, other than a private dwelling house, private garage or private greenhouse, must not be erected or maintained on the parcel except in areas designated for other types of buildings by order in council No.

2502, approved on November 16, 1949, or any amendments to it, and unless they comply with the regulations approved by that order in council;
(b) a building, wall, fence, pole, aerial or other structure must not be erected on the parcel until plans and full specifications, the proposed scheme of grading the parcel and the location of all proposed exits and entrances from the parcel have been approved in writing by a person authorized for the purpose by the minister;
(c) a building situated on the parcel must not be used for any purpose other than that for which the building is designated, as indicated on the approved plans;
(d) an exit or entrance to the parcel other than that approved must not be used or maintained;
(e) a trade or business must not be carried on, on the parcel, except in an area designated for that purpose by regulation;
(f) an advertising sign or placard other than a door plate of a professional person must not be erected, exposed or maintained on the parcel except as provided by regulation;
(g) a horse, swine, goat, sheep, cattle, fowl or other animal, except household pets, must not be kept on the parcel;
(h) a private dwelling house as prescribed in the regulations must be erected on the parcel by the grantee or lessee within one year after the parcel is purchased or leased from the government;
(i) that the covenants contained in this section must be obeyed.

(2) On the application of the minister, the Supreme Court may enjoin the breach of any of the covenants implied in this section and make further or other orders as the court considers proper. 18 (1) Money required for the administration of this Act may be paid out of the consolidated revenue fund. (2) The cumulative total of amounts paid out under this section must not be more than the cumulative total of the following amounts:
(a) the cash balance of the University Endowment Lands Administration Account as of March 31, 1982;
(b) the total amount paid into the consolidated revenue fund under

section 3 after March 31, 1982. 19 The Lieutenant Governor in Council may make regulations referred to in